Focus On Environmental Assistance
Agenda and Summary of November 10, 2015 SBCAP Meeting

Small Business Compliance Advisory Panel (SBCAP) Meeting
November 10, 2015
10:00 am – 1:30 pm

Nebraska Department of Environmental Quality
NDEQ Van Dorn Complex, 2717 South 8th Street
Lincoln, NE 68509


· 10:00 am: Welcome
· 10:15 am: NDEQ News – Discussions with Jim Macy, NDEQ Director
o Visions and Goals for NDEQ
o Department Metrics Initiative
o Inspection Exit Summary
o Announced/Unannounced Department Inspections
· 11:00 am: Regulatory Updates
o Air Quality Division
§ Ozone Standards,
§ General Permits,
§ and other updates
o Waste Management Division
§ Solvent Rules,
§ Avian Influenza,
§ Waste Grants Priority System,
§ and other updates
o Water Quality Division
§ On-line Construction Stormwater Applications,
§ and other updates
· 12:00 pm: Lunch

NDEQ Compliance Assistance Efforts and Outreach
o “One Stop” Permit Meetings
o 2015 and 2016 Environmental Update Workshops
§ Confined Animal Feeding Operations (CAFO) Industry
§ Ethanol Industry
o Advocate/Compliance Assistance Visits

· 12:30 pm: CAP Roundtable Discussion
o Panel Input to the 2015 SBCAP Report to the Governor
o Other Topics
· 1:00 pm: Closing Remarks

SPCAP Meeting
NDEQ Van Dorn Facility

In attendance: Joe Francis (NDEQ), Jim Macy (NDEQ), Ryan Green (NDEQ) , Tricia Scott (NDEQ), Starr Lehl (SBCAP), Jim Hellbusch (SBCAP), Rick Bettger (SBCAP), Terry Johnson (SBCAP/NDEQ), Dave Haldeman (NDEQ), Dennis Burling (NDEQ), Erik Waiss (NDEQ), Gary Buttermore (NDEQ), Reuel Anderson (NDEQ), Steve Goans (NDEQ), and Shelley Schneider (NDEQ).
I. Joe Francis welcomed everyone to the annual SBCAP meeting.
II. Jim Macy-Vision and Goals for NDEQ

A. Meet our statutory responsibilities
1. Be responsive
2. Use common sense in problem solving
3. Assistance focused
4. Believe we should help “local people solve local problems.”
B. Make Compliance Easier for Everyone
1. Provide assistance and training
2. Go out to Nebraska, be proactive in Education
3. Streamline process
4. Develop performance goals and objectives
C. Air Quality
1. Title 129 proposal in June 2015
a. Streamline construction permit process
b. Authority to issue General Construction Permits
c. “Notice & Go”
d. Source categories under consideration: concrete batch plants, hot mix asphalts plants, emergency engines, crushing & screening, surface coating, incinerators, grain elevators & dryers, working on general construction
2. General permits for Air’s Construction Permits Program
a. To reduce permitting backlogs, the air program is proposing to expand the authority to develop general permits to include both the operating permit program and the construction permit program.
b. Another option may be extending the terms of Class II operating permits from 5 years to 10 years or longer.
3. Clean Power Plan-111(d) Rule
a. EPA final August 2015, published October 23
b. State will engage stakeholders
4. Proposed revisions to Ozone Standard
a. From 75 ppm to 70
b. Omaha is not likely to be impacted
c. Monitoring in Grand Island is being discussed.
D. Water Quality
1. Construction Storm Water Permit automation
2. New Ammonia Standards
3. Assessing Wastewater Infrastructure Needs (AWIN) Process
a. Evaluating infrastructure needs
b. Examine affordable alternatives
c. Sustainability Risk List and Individual Community Datasheets on NDEQ website,
E. Waste Management
1. Former Manufactured Gas Plant Remediation
2. Coal Combustion residue
3. Superfund sites moving from EPA-lead cleanup to state-lead operation and maintenance
a. Columbus-10th St
b. Grand Island-Cleburn Street
F. Three Keys to Growing Nebraska at NDEQ
1. Providing exceptional service
2. Focusing on compliance assistance
3. Demonstrating accountability through performance measures.
G. Building Partnerships
1. More presence at ag industry and animal agricultural meetings
2. Go out to producers and seek ideas
3. Bi-annual meetings, for Environmental Updates, go to 5 locations.
H. Inspection Process
1. Transparency
2. On-site determination
3. Post inspection exit and paper copy of findings
4. Copy of inspection checklist with new or modified permit. September 1st started leaving Inspection Exit Forms after inspections.
III. Online Permitting
A. Dennis Burling gave a demonstration of the Construction Storm Water Permits online process.
1. New users will have to create an account.
2. Passwords do not expire.
3. The website will allow users to start a new application and shows already existing permits.
4. The system does send a notification to Game and Parks so they are aware of a need to review the permit.
5. The Air Quality General Construction Permit test site was also demonstrated.
6. A new application has a fee of $250.
7. If an application already exists, applicants need to call into the office to determine fees.
IV. Regulatory Updates
A. Air
1. The Ozone Standard has been set at 70.
a. The design value in Omaha area is 63. The Santee Sioux Reservation has the highest ozone value within the state border, but we don’t know why.
b. The 3 year average is 64 for the Santee Sioux monitor.
c. NDEQ expects the state’s ozone values to stay low due to vehicle emission standards and changes to power plant emission rates.
d. There are some concerns regarding ozone monitoring season being extended from the beginning of March to the end of October. Nebraska’s highest rates are early in the season because of burning in Kansas.
e. Kansas has tried to do some education of how burning impacts other states. They have a model that predicts good and bad burn days using meteorological data.
f. Have not gotten a clear answer yet from EPA about monitoring in Grand Island. They are going to try to put it off for this year unless mandated, due to budget constraints.
2. Clean Power Plan was covered in Jim Macy’s presentation.
3. Air General Construction Permits
a. Working through process for 5 different permits.
b. Did not receive any comments on asphalt plants
c. Not anticipating any comments on concrete plants.
d. The online concrete permit will go active at the end of the month.
e. The other permit types are in public notice period, hoping to have those active by the end of this year or the very beginning of next year.
f. Still working on getting permits to fit a yes or no style question box.
4. The Air Construction Permitting Unit is under a tremendous amount of pressure. NDEQ’s Variance Process perpetuates the backlog.
a. Want to meet with industry to discuss how variances need to work.
b. Public notice and comment period takes a long time. If a hearing is requested, then the process takes even longer. NDEQ often meets with facilities multiple times to work through issues, which also lengthens process.
B. Waste
1. Solvent rules-the rules regarding disposable and laundered solvent wipes have been changed to be more in compliance with Federal rules.
a. A number of very common solvents, categorized as F001-F005, are used for cleaning.
b. As long as the wipes do not test hazardous for anything else, they can be landfilled rather than being categorized and handled as hazardous wastes.
Laundered wipes are also given a pass if they do not have any other hazardous materials on them.
c. Disposal is less expensive, but is still managed in a monitored way.
d. The rule has been well received.
e. If the process is consistent, then one waste determination test is enough to show the material on the wipes is non-hazardous and may be disposed accordingly.
f. The generator of the waste is responsible for the wastes at the facility up until the time the waste leaves the facility.
2. Avian Influenza
a. Consumed a lot of DEQ’s time in the spring. Five flocks were impacted in Northeastern Nebraska.
b. The disease must be contained on site, and the animals must be euthanized and disposed of.
c. In 2006-2007, disposal plans were created for 42 commercial operations. These plans called for burial of mortalities. Because producers could not get indemnity from the state for buried animals, the disposal became a composting operation. Heat from composting kills the virus.
d. 4.8 million birds had to be euthanized.
e. Composting involved creating a layer of carbon, resulting in 1 part carbon, 1 part birds, and 1 part litter and manure, then a 1 foot layer of carbon over the pile. This method causes the pile to reach temperatures of 120-130 °F, which must be maintained for 3 days.
f. Multiple programs were involved, including Nebraska Department of Agriculture and the Nebraska Emergency Management Agency. NDEQ was the only agency allowed on site.
g. A workshop was held in August. The presentations and materials from the workshop can be accessed on NDEQ’s Avian Influenza page at:
3. Waste Reduction Recycling Grants Program and Litter Reduction Recycling Grants Program
a. These programs have gone to an online application process, and since then the Department has received requested revisions to program priorities.
b. NDEQ was directed by the Environmental Quality Council (EQC) to go back and revise processes to include more about source reduction.
c. Public meetings the Department held about the proposed changes were very well attended.
d. The changes will be proposed to the EQC on Thursday (November 12, 2015).
C. Water
1. DEQ’s NPDES staff are very excited about electronic permit process. They spend a lot of time calling people about incomplete permits. This process should eliminate some of these issues.
2. The new Industrial Storm Water General Permit is due July 1 next year. NDEQ is currently looking at what EPA has already done. There are specific categories which qualify facilities for permits.
3. Construction Dewatering permits aren’t expecting any major changes.
4. The NPDES Unit would like to create more general permits to assist the public and to streamline their own processes.
5. Outreach will be conducted soon about new Ammonia Standards.
6. Trying to get Title 119 updated. They have been working not just on updating , but on corrections .
7. LB413 passed. Affordability studies must be conducted if requested.
8. Northeast Community College is trying to see if they have enough interest to have classes to train Wastewater Treatment Operators for both industry and municipalities.
9. Working with the Health Department with regard to Drinking Water Treatment Plants. They are trying to minimize issues with a municipality having to be for wastewater treatment upgrades immediately after adding a Drinking Water Treatment Plant.
V. NDEQ Compliance Efforts and Partnerships
A. NDEQ Compliance Assistance Team 2015 Members
1. Air Quality-Carrie Wiese and Aaron Boucher
2. Field Services and Assistance-Cay Ewoldt and Ryan Green
3. Waste Management-Erik Waiss
4. Water Quality-Dawn Martin, John Danforth, and Mike McBride
B. Environmental Update Workshop Development
1. Phase 1
a. Integrated part of general Environmental Update planning.
b. Potential topics presented to Policy Team
c. Monkey Survey to past participants
2. Project Phase 2
a. Initial/Renewal Permit Visits
b. Input from Assistance Team
c. Present proposal to Policy Team
3. Summary
a. First year with multiple workshops, Lincoln and North Platte in April 2015
b. 150+ participants
c. Agenda handouts were presented to meeting attendees.
4. Feedback
a. Majority satisfied with the workshop.
b. Many appreciated being able to network with NDEQ staff.
C. New Environmental Updates
1. Sector Specific Focus
a. In 2015-ethanol and livestock industries
b. Two ethanol workshops-Norfolk and Grand Island in November.
c. AFO Workshop-Norfolk in December.
d. Agenda handouts were provided to meeting attendees.
2. Future topics
a. Air and Ozone issues, eastern part of the state.
b. Panel input is welcomed for topic ideas.
D. NPPD/NDEQ Power Summit
1. Wednesday, October 28, in Lincoln.
2. Topics included
a. Waters of the U.S.
b. Clean Power Plan, State Energy Plan
c. New Ozone Standard
d. Sheldon Station and Monolith Materials
E. NDEQ “One Stop Permit” Meetings
1. SBPA Coordinator
a. Acts as a single point of contact at NDEQ
b. Brings together appropriate NDEQ staff to address questions or concerns
c. NDEQ Divisions have similar programs
2. In 2015
a. 9 groups have requested meetings
b. Seeing more ‘non-DED’ requested meetings
1. Manufacturing facility question on permitting of incinerators. Research indicates majority of states handle permitting the way Nebraska does. Department following current regulatory interpretation, but discussions with business about their concerns
2. Painting Business-incorrect waste disposal. Staff visited business, discussed concerns. Business submitted permit for on-site lagoon.
F. Requests for Assistance
1. SBPA Requests
a. 44 regulatory/information requests.
b. Does not include transfer calls.
2. On-site Assistance Visits (2014)
a. 397 assistance visits, Department-wide
b. Majority focused on explaining permit requirements for the livestock industry.
G. 2014 SBCAP Annual Report
1. Highlights assistance activities from four NDEQ divisions.
2. Assistance numbers for the Department from January through November
3. CAP reviewed, and CAP Message to Governor starts the report.
4. SBCAP Goals for 2014
a. When appropriate, provide input on regulatory impacts on small businesses.
b. Provide service to members’ communities.
c. Reach out to regulated community to gauge satisfaction with NDEQ assistance.
d. Meet annually with Department.
e. Advise NDEQ on document clarity.
H. 2014 SBCAP Annual Report
1. Begin NDEQ data collection process this month.
2. Work with Panel on new “Message from the Nebraska SBCAP”
3. Does Panel wish for more report input?
4. Is there any additional information that should be included?
VI. Round Table Discussion
A. Starr Lehl stated including interaction with other state agencies is important and beneficial. Any process is more frustrating when state agencies do not communicate with each other.
B. Jim Hellbusch said he is very encouraged by Director Macy’s vision and very excited by the ideas presented regarding the direction of NDEQ. He also believes Ryan and Joe do a good job on the letter in the SBCAP Annual Report each year. NDEQ needs to work to get the word out that getting in early and talking to the Department makes permitting and other processes much less painful. He would also like to remind inspectors to be compassionate.
C. A preliminary draft of the SBCAP report was requested, the Panel would also like to see a copy of last year’s report for comparison.
D. Rick Bettger suggested having some business and industry representatives participate in meetings with the community to talk about their experiences with NDEQ and help encourage people to start discussions without fear of being fined or censured.
E. The idea of providing surveys after site visits and inspections was presented as a way to get feedback about how inspections are perceived.