While state statutes authorize the Nebraska Department of Environment and Energy (NDEE) to administer its programs, the Environmental Quality Council (EQC) is authorized to adopt the agency’s rules and regulations. These rules and regulations describe how the agency implements state statutes and guide the agency’s activities and responsibilities. NDEE follows the statutes and regulations as it administers its programs and performs the powers and duties assigned to the agency by statute.

The EQC was created in 1971 with the adoption of the Nebraska Environmental Protection Act. It consists of 17 board members who are appointed by the Governor and approved by the legislature. Council members serve staggered 4-year terms and represent several areas of interest, including:

· Agricultural crop production
· Ag processing industry
· Automotive/petroleum industry
· Biologist
· Chemical industry
· City government
· Conservation
· County government
· Food products manufacturing
· Heavy industry
· Labor
· Livestock industry
· Minority populations
· Municipal government
· Physician
· Power generating industry
· Professional engineer

The EQC is required to meet at least twice a year, and NDEE publishes public notice of those meetings along with an agenda. During meetings, the council may hold public hearings on proposed regulations where any interested person can submit written comments or testimony prior to the EQC’s vote. Members of the public can also submit rule-making petitions for the council to consider. In addition to these duties, the Governor also appoints NDEE’s director based on candidates recommended by the EQC.

Once a rule or regulation is approved by the EQC, that regulation is subject to review and approval by the Nebraska Attorney General and the Governor before it is filed with the Secretary of State and takes effect.

The next Environmental Quality Council meeting is set for 10 a.m. on March 30, 2022, at the NDEE office. There will be public hearings on the adoption of amendments to Title 119 – Rules and Regulations Pertaining to the Issuance of Permits under the National Pollutant Discharge Elimination System, and amendments to Title 129 – Nebraska Air Quality Regulations. The full agenda can be viewed on NDEE’s website.