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Lancaster County proposes permit rescission process for decommissioned equipment in air quality rules
Summary
The county’s air quality supervisor briefed commissioners on amendments to align Article 2 with Nebraska’s Title 129, including a new rescission mechanism so permits for decommissioned or sold equipment can end without implying past construction was unauthorized; a public hearing is expected July 21.
Gary R. Bergstrom, Environmental Health Supervisor for the Lincoln‑Lancaster County Health Department’s Air Quality Section, briefed the Lancaster County Board of Commissioners on July 9 about proposed changes to Article 2 of the Lincoln‑Lancaster County Air Pollution Control Program Regulations and Standards.
Bergstrom said the primary change is a formal rescission mechanism to terminate permits for equipment that has been decommissioned or sold. Under the proposed approach, a rescission would allow the permit to end without implying that past construction or installation was unauthorized. He explained that when a new owner intends to continue operating equipment, that owner may assume an active permit through an administrative amendment rather than rescission.
Bergstrom provided examples — such as large industrial boilers that are decommissioned but not immediately removed — to illustrate why a rescission process is necessary to keep permit records current. He said the draft regulatory updates were reviewed by the Air Pollution Control Advisory Board, the Board of Health, industry representatives, the U.S. Environmental Protection Agency and state regulators.
Commissioners asked about greenhouse gas equivalency factors; Bergstrom said the amendments update county permitting practices to use current federal EPA values. The Board anticipates a public hearing and a vote on the regulatory changes on July 21.
Next steps: the Board will consider the ordinance at the public hearing and subsequent vote scheduled for July 21.
