STA1E OF ARKANSAS 

MIKE BEEBE 

GoVERNOR 

January 7, 2014 

Ron Curry, Region VI, Regional Administrator 

United States EPA Region VI 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

Re: Arkansas State Implementation Plan ("SIP") Revision 

Dear Mr. Curry: 

RECEIVED- GPDL 

AIR Plt.NNir:G SEC. 

14 ftPR 25 PH 6: 03 

The Arkansas Department of Environmental Quality ("ADEQ") hereby 

respectfully submits to the United States Environmental Protection Agency ("EPA") 

revisions to the Arkansas SIP, including the Arkansas Pollution Control and Ecology 

Commission's ("Commission") Regulation No. 19, Regulations of the Arkansas Plan of 

Implementation for Air Pollution Control, for approvaL The Commission adopted 

changes to Regulation No. 19 on June 28, 2013, in response to EPA's Final Rule 

"Prevention of Significant Deterioration ["PSD"] and Title V Greenhouse Gas ["GHG"] 

Tailoring Rule Step 3 and GHG Plantwide Applicability Limits ["PALs"]" (74 Fed. Reg. 

41051, July 12, 2012), which finalized an approach to assist state and local permitting 

authorities in streamlining the administration of PSD permits for GHGs. 

Once approved into the SIP for Arkansas, this action will allow a source to make 

changes to a facility without triggering PSD permitting requirements, as long as 

emissions do not increase above the limit established by the PAL Utilizing the PALs 

approach will allow industry to respond rapidly to changing market conditions while 

protecting the environment Arkansas requests that EPA review and approve this SIP 

revision as expeditiously as possible. 

The SIP package accompanying this letter consists of one hard copy and one 

electronic copy (on disk), summarized as follows: 

TAB A: State Implementation Plan Submittal Letter 

TAB B: Introduction-Greenhouse Gas Tailoring Rule Step 3, Plantwide 

Applicability Limits in Arkansas Pollution Control and Ecology Commission 

Regulation No. 19 

SWE CAmOL SUITE 250 • LimE ROCl<. AR 72201 

1REPHONEI501)682-2345 • FAX(501)682-1382 

lNIERNErWEBS!IE • "''""~-~ 
TAB C: Evidence of State's Adoption of the Revised Plan into Regulations 

-Signed Minute Order 

-Arkansas Register Transmittal Sheet 

TAB D: State's Legal Authority to Adopt and Implement the Plan 

TAB E: Regulations with Changes Indicated ("Proposed") 

TAB F: Regulations with Changes Incorporated ("Final") 

TAB G: Procedural Requirements 

-Regulation Tracking Sheet 

-Arkansas Register Transmittal Sheet 

-Arkansas State Library Agency Certification Form 

TAB H: Public Participation 

Regulation Revisions 

-Public Notice Information and Public Hearing Documentation 

-Public Comments and Responsive Summary 

SIP Revisions 

-Public Notice Information and Public Hearing Documentation 

-Affidavit and Transcript of Public Hearing (No Comments 

Received) 

TAB I: State Requirements for State Implementation Plan Development 

I certify that all documents submitted to the Regional Office in electronic form 

are exact duplicates of the hard copy documents. Should questions arise, please feel free 

to contact Mike Bates at (501) 682-0750 or bates@adeq.state.ar.us. Thank you for your 

consideration of Arkansas's submission. 

p;rt!l 

Mike Beebe 

MB:jb 

Enclosures 

2 
December 2013 

Revisions to the Arkansas 

State Implementation Plan 

GHG Tailoring Rule, Step 3: 

Plantwide Applicability Limits (PALs) 
Revisions to the Arkansas State Implementation Plan 

Table of Contents 

TAB A: State Implementation Plan Submittal Letter 

TAB B: Introduction—Greenhouse Gas Tailoring Rule Step 3, 

Plantwide Applicability Limits, and Arkansas Pollution Control and 

Ecology Commission Regulation No. 19 

TAB C: Evidence of Adoption of the Revised Plan into Regulation No. 19

 -Signed Minute Order 

 -Arkansas Register Transmittal Sheet 

TAB D: Legal Authority to Adopt and Implement the Plan 

TAB E: Regulation No. 19 with Changes Indicated (“Proposed”)

TAB F: Regulation No. 19 with Changes Incorporated (“Final”)

TAB G: Procedural Requirements 

 -Regulation Tracking Sheet 

 -Arkansas Register Transmittal Sheet 

 -Arkansas State Library Agency Certification Form 

TAB H: Public Participation 

 Regulation Revisions: 

-Public Notice Information and Public Hearing Documentation 

 -Public Comments and Responsive Summary 

 SIP Revisions: 

-Public Notice Information and Public Hearing Documentation 

 -Affidavit and Transcript of Public Hearing (No Comments Received) 

TAB I: State Requirements for State Implementation Plan Development 
Tab A: 

State Implementation Plan 

Submittal Letter 

 
STAlE OF ARKANSAS 

MIKE Bf..I<::BE 

C'JOVERNOR 

January 7, 2014 

Ron Curry, Region VI, Regional Administrator 

United States EPA Region VI 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

Re: Arkansas State Implementation Plan ("SIP") Revision 

Dear Mr. Curry: 

The Arkansas Department of Environmental Quality ("ADEQ") hereby 

respectfully submits to the United States Environmental Protection Agency ("EPA") 

revisions to the Arkansas SIP, including the Arkansas Pollution Control and Ecology 

Commission's ("Commission") Regulation No. 19, Regulations of the Arkansas Plan of 

Implementation for Air Pollution Control, for approval. The Commission adopted 

changes to Regulation No. 19 on June 28, 2013, in response to EPA's Final Rule 

"Prevention of Significant Deterioration ["PSD"] and Title V Greenhouse Gas ["GHG"] 

Tailoring Rule Step 3 and GHG Plantwide Applicability Limits ["PALs"]" (74 Fed. Reg. 

41051, July 12, 2012), which finalized an approach to assist state and local permitting 

authorities in streamlining the administration ofPSD permits for GHGs. 

Once approved into the SIP for Arkansas, this action will allow a source to make 

changes to a facility without triggering PSD permitting requirements, as long as 

emissions do not increase above the limit established by the PAL. Utilizing the PALs 

approach will allow industry to respond rapidly to changing market conditions while 

protecting the environment. Arkansas requests that EPA review and approve this SIP 

revision as expeditiously as possible. 

The SIP package accompanying this letter consists of one hard copy and one 

electronic copy (on disk), summarized as follows: 

TAB A: State Implementation Plan Submittal Letter 

TAB B: Introduction-Greenhouse Gas Tailoring Rule Step 3, Plantwide 

Applicability Limits in Arkansas Pollution Control and Ecology Commission 

Regulation No. 19 

S't;'ll. CAPITOl, Sum'~'iO • Lrnu: ROCK AR 72~)I 

T1JH'1I0NE(501)6l-l2-2345· FAX(~JI ) (\('\2-UlQ 

INHcRNEI WEll srrL • wwwg'M~lW~~""l;lI"'''4:~OV 
TAB C: Evidence of State's Adoption of the Revised Plan into Regulations 

-Signed Minute Order 

-Arkansas Register Transmittal Sheet 

TAB D: State's Legal Authority to Adopt and Implement the Plan 

TAB E: Regulations with Changes Indicated ("Proposed") 

TAB F: Regulations with Changes Incorporated ("Final") 

TAB G: Procedural Requirements 

-Regulation Tracking Sheet 

-Arkansas Register Transmittal Sheet 

-Arkansas State Library Agency Certification Form 

TAB H: Public Participation 

Regulation Revisions 

-Public Notice Information and Public Hearing Documentation 

-Public Comments and Responsive Summary 

SIP Revisions 

-Public Notice Information and Public Hearing Documentation 

-Affidavit and Transcript of Public Hearing (No Comments 

Received) 

TAB I: State Requirements for State Implementation Plan Development 

I certify that all documents submitted to the Regional Office in electronic form 

are exact duplicates of the hard copy documents. Should questions arise, please feel free 

to contact Mike Bates at (501) 682-0750 or bates@adeq.state.ar.us. Thank you for your 

consideration of Arkansas's submission. 

fhr(j[1 

Mike Beebe 

MB:jb 

Enclosures 

2 
Tab B: 

Introduction—

Greenhouse Gas Tailoring Rule Step 3, 

Plantwide Applicability Limits, and 

Arkansas Pollution Control and Ecology 

Commission Regulation No. 19 

 
Page 1 of 2 

Arkansas State Implementation Plan (“SIP”) Revision 

Introduction 

 On July 12, 2012, the Environmental Protection Agency (“EPA”) published a final rule in 

the Federal Register promulgating the third step of the Greenhouse Gas (“GHG”) Tailoring Rule, 

which was instated to improve the administration of the GHG Prevention of Significant 

Deterioration (“PSD”) permitting programs. (77 Fed. Reg. 41051, July 12, 2012.) This rule 

reduced the administrative burden and streamlined the air permitting process for large facilities 

subject to GHG permitting by making it possible for state permitting agencies to issue Plantwide 

Applicability Limitations (“PALs”) to major and potentially major GHG stationary sources. 

 In order to implement PALs for GHG emissions in Arkansas, Regulation No. 19 of the 

Arkansas Pollution Control & Ecology Commission (“Commission” or “APC&EC”) required 

revision. APC&EC Regulation No. 19 is applicable to any stationary source with the potential to 

emit any federally regulated air pollutant equal to or in excess of the threshold for a major source, to 

minor sources, and is federally enforceable. 

Approved Arkansas SIP components affected by this Revision 

APC&EC Regulation No. 19 

Chapter 9 Prevention of Significant Deterioration; Reg. 19.904 “Adoption of Regulations” 

a) 19.904(A)(1) 

b) 19.904(G)(1) 

The Arkansas Department of Environmental Quality (“ADEQ”) filed APC&EC Regulation 

No. 19 with the Commission to initiate rulemaking on February 22, 2013. The public hearing for 

APC&EC Regulation No. 19 was held on April 2, 2013, and the public comment period ended April 

16, 2013. Industry was aware of the revision and supported the decision to include GHG PALs into 

APC&EC Regulation No. 19. ADEQ received only one comment from EPA on this rulemaking 

during the public comment period. A responsive summary which addressed the comment received 

was finalized, although no revisions to the final rule were made due to the comment, and ADEQ 

presented the regulation to the Legislative Administrative Rules and Regulations Committee, the 

Legislative Joint Public Health and Welfare Committee, and the Legislative Council. After these 

committees reviewed the proposed revisions to the regulation, the revised and final regulations were 

presented to the Commission on June 28, 2013, for final approval. Revisions to APC&EC 

Regulation No. 19 were adopted by the Commission on June 28, 2013. Following the 

Commission’s approval, the regulation was filed with the Arkansas Secretary of State and revisions 

outlined herein are fully effective, as of July 27, 2013. 
Arkansas State Implementation Plan Revision 

Introduction 

2 of 2 

Regulation No. 19: Regulations of the Arkansas Plan of Implementation 

for Air Pollution Control 

The changes to APC&EC Regulation No. 19 were made in response to EPA’s final rule 

“Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule Step 3 and 

GHG Plantwide Applicability Limits” to implement PALs for GHG emissions in Arkansas. The 

regulatory amendments related to the SIP involve the following: 

a) Revision of APC&EC Reg. 19.904(A)(1) to incorporate 40 C.F.R. § 52.21(aa), the 

section within the Code of Federal Regulations (“C.F.R.”) where the GHG PALs federal 

language is located, and the pre-existing paragraph (A)(1) was renumbered as (A)(2); 

b) Added largely verbatim language from GHG PALs federal language found at 40 C.F.R. 

§ 52.21(b)(49)(i) to APC&EC Reg. 19.904(G)(1), subparagraphs (a), (b), and (c); and 

c) Correction of typographical errors and non-substantive revisions were made for 

clarification, consistency, or to update language throughout APC&EC Regulation No. 19 

included: 

i. 19.904(A)— added a reference to paragraph 19.904(G); 

ii. 19.904(E)(3)—corrected a reference to air quality models; and 

iii. 19.904(G)(1)— added the word “and.” 

Making these changes will maintain consistency between federal air pollution control 

programs and the Commission’s regulations governing air pollution in Arkansas. 

The changes to APC&EC Regulation No.19 are consistent with and allowable under federal 

programs. The proposed changes are protective of air quality in the state and will not affect 

attainment goals. 

 Sources affected by this program revision are found throughout the state. 

 These revisions do not affect ADEQ’s ability to protect the National Ambient Air Quality 

Standards, Prevention of Significant Deterioration increments, Reasonable Further Progress 

demonstrations, or visibility goals. 

 No substantive revisions have been made to the emission limitations, work practice 

standards or recordkeeping/reporting requirements portions of this program. 

 Furthermore, the ADEQ’s existing compliance and enforcement strategies will remain in 

place. 
Tab C: 

Evidence of Adoption of the Revised Plan 

into Regulation No. 19 

-Signed Minute Order 

-Arkansas Register Transmittal Sheet 

 
ARKANSAS POLLUTION CONTROL 

AND ECOLOGY COMMISSION 

MINUTE ORDER NO. 13 - \ g 

SUBJECT Adoption of 

Revisions to Re2ulation 19, 

Re2ulations of the Arkansas 

Plan of Implementation for Air 

Pollution Control 

DOCKET NO. 13-004-R 

PAGE 1 OF 1 

Pursuant to public notice and hearing, and in consideration of comments received, the 

Arkansas Pollution Control and Ecology Commission hereby adopts changes to 

Regulation No. 19, Regulations of the Arkansas Plan ofImplementation for Air 

Pollution Control. 

PROMULGATED THIS 28th DAY OF JUNE, 2013, BY ORDER OF THE ARKANSAS 

POLLUTION CONTROL AND ECOLOGY COMMISSION. 

BY: 

ATTEST: d~;UAL Teresa Marks, Director 

COMMISSIONERS 

~ 1. Bates 

.:...~........-. ___ L. Bengal 

~ c.... 1. Chamberlin 

....jSF;.~ 1. Fox 

()k D. Hendrix 

--'7'''9=:::=00<-:::-

~ L. Hitchcock S. Jorgensen (Chair) 

~ D. Samples V L. Sickel (Vice Chair) 

J.Simpson 

W. Thompson 

B. White ______ R. Young 

SUBMITTED BY: Mike Bates PASSED: 06/28/2013 

EXHIBIT E 
ARKANSAS REGISTER 

Transmittal Sheet 

* Use only for FINAL and EMERGENCY RULES 

For Office 

Use Only: 

Secretary of State 

Mark Martin 

State Capitol, Suite 026 

Little Rock, Arkansas 72201-1094 

(501) 682-3527 

www.sos.arkansas.gov 

Effective Date ___________ Code Number ______________ _ 

Name of Agency Arkansas Pollution Control & Ecology Commission 

Department Arkansas Department of Environmental Quality 

Bates@adeq.state.ar.us 

Contact Mike Bates E-mail ___________ Phone (501) 682-0750 

A.C.A. §§8-4-201, 8-4-304, and 8-4-311 

Statutory Authority for Promulgating Rules ______________________ _ 

Regulation No. 19, Regulations of the Arkansas Plan of Implementation for Air RuleTitle: ______________________________ _ 

Pollution Control; Docket No. 13-004-R; Minute Order No. 13-19 

Intended Effective Date Date 

(Cheek One) 

D Emergency (ACA 25-15-204) 

D 30 Days After Filing (ACA 25-15-204) 

D Other ________ --,----,-_ (Must be more than 30 days .fter nllng d.te.) 

Electronic Copy of Rule submitted under ACA 25-15-218 by: 

Contact Person E-mail Address 

Legal Notice Published 

Final Date for Public Comment 

Reviewed by Legislatice Council 

Adopted by State Agency 

GERTIFICATION OF AUTHORIZED OFFICER 

02/27-28/13 

04/16/13 

06/11/13 

06/28/13 

Date 

>::;- 1 I Hereby Certify That The Attached Rules Were Adopted 

C) In tQinplian~~;Wit~ Act 434 of 1967 the Arkansas Administrative Procedures ct. (ACA 25-15-201 et. seq.) 

Cl c.-: :.~', ~'! : 

W /-. 1.'_. . 

r--

- '. 

C') ~:J i-' 

'J) r.n 

,; ... -

[0 

(501) 682-7890 moulton@adeq.state.ar.us 

Phone Number E-mail Address 

Administrative Law Judge Title 

July 17, 2013 Date 

Revised 8/2011 to reneet new legislation passed In 2011. 
Tab D: 

Legal Authority to Adopt and 

Implement the Plan 

 
State’s Legal Authority to Adopt and Implement the Plan 

The State’s legal authority to adopt and implement this State Implementation Plan revision can 

be found in Arkansas Code Annotated (Ark. Code Ann.) § 8-1-203(b)(1) and § 8-4-311(a)(1). 
Ark. Code Ann. § 8-1-203. Powers and responsibilities of the Arkansas Pollution Control 

and Ecology Commission.

 (a) The Arkansas Pollution Control and Ecology Commission shall meet regularly in publicly 

noticed open meetings to discuss and rule upon matters of environmental concern. 

(b) The commission's powers and duties shall be as follows: 

 (1) (A) Promulgation of rules and regulations implementing the substantive statutes charged to 

the Arkansas Department of Environmental Quality for administration. 

 (B) In promulgation of such rules and regulations, prior to the submittal to public comment 

and review of any rule, regulation, or change to any rule or regulation that is more stringent than 

the federal requirements, the commission shall duly consider the economic impact and the 

environmental benefit of such rule or regulation on the people of the State of Arkansas, including 

those entities that will be subject to the regulation. 

 (C) The commission shall promptly initiate rulemaking proceedings to further implement the 

analysis required under subdivision (b)(1)(B) of this section. 

 (D) The extent of the analysis required under subdivision (b)(1)(B) of this section shall be 

defined in the commission's rulemaking required under subdivision (b)(1)(C) of this section. It 

will include a written report which shall be available for public review along with the proposed 

rule in the public comment period. 

 (E) Upon completion of the public comment period, the commission shall compile a 

rulemaking record or response to comments demonstrating a reasoned evaluation of the relative 

impact and benefits of the more stringent regulation; 

 (2) Promulgation of rules, regulations, and procedures not otherwise governed by applicable 

law that the commission deems necessary to secure public participation in environmental 

decision-making processes; 

 (3) Promulgation of rules and regulations governing administrative procedures for challenging 

or contesting department actions; 

 (4) In the case of permitting or grants decisions, providing the right to appeal a permitting or 

grants decision rendered by the Director of the Arkansas Department of Environmental Quality 

or his or her delegatee; 
 (5) In the case of an administrative enforcement or emergency action, providing the right to 

contest any such action initiated by the director; 

 (6) Instruct the director to prepare such reports or perform such studies as will advance the 

cause of environmental protection in the state; 

 (7) Make recommendations to the director regarding overall policy and administration of the 

department. However, the director shall always remain within the plenary authority of the 

Governor; and 

 (8) Upon a majority vote, initiate review of any director's decision. 

(c) (1) In providing for adjudicatory review as contemplated by subdivisions (b)(4) and (5) of 

this section, the commission may appoint one (1) or more administrative hearing officers. The 

administrative hearing officers shall at all times serve as agents of the commission. 

 (2) In hearings upon appeals of permitting or grants decisions by the director or contested 

administrative enforcement or emergency actions initiated by the director, the administrative 

hearing officer shall administer the hearing in accordance with procedures adopted by the 

commission and, after due deliberation, submit his or her recommended decision to the 

commission. 

 (3) (A) (i) Commission review of any appealed or contested matter shall be upon the record 

compiled by the administrative hearing officer and his or her recommended decision. 

 (ii) Commission review shall be de novo. However, no additional evidence need be 

received unless the commission so decides in accordance with established administrative 

procedures. 

 (B) The commission may afford the opportunity for oral argument to all parties of the 

adjudicatory hearing. 

 (C) (i) By the majority vote of a quorum, the commission may affirm, reverse and dismiss, 

or reverse and remand to the director. 

 (ii) If the commission votes to affirm or reverse, such decision shall constitute final agency 

action for purposes of appeal. 

 (4) Any party aggrieved by the commission decision may appeal as provided by applicable 

law.
(d) The chair of the Arkansas Pollution Control and Ecology Commission may appoint one (1) 

or more committees composed of commission members to act in an advisory capacity to the full 

commission. 

HISTORY: Acts 1991, No. 1230, § 1; 1993, No. 163, § 7; 1993, No. 165, § 7; 1993, No. 1264, 

§ 2; 1995, No. 117, § 1. 
Ark. Code Ann. § 8-4-311. Powers generally.

 (a) The Arkansas Department of Environmental Quality or its successor shall have the power 

to: 

 (1) Develop and effectuate a comprehensive program for the prevention and control of all 

sources of pollution of the air of this state; 

 (2) Advise, consult, and cooperate with other agencies of the state, political subdivisions, 

industries, other states, the federal government, and with affected groups in the furtherance of the 

purposes of this chapter; 

 (3) Encourage and conduct studies, investigations, and research relating to air pollution and its 

causes, prevention, control, and abatement as it may deem advisable and necessary; 

 (4) Collect and disseminate information relative to air pollution and its prevention and control; 

 (5) Consider complaints and make investigations; 

 (6) Encourage voluntary cooperation by the people, municipalities, counties, industries, and 

others in preserving and restoring the purity of the air within the state; 

 (7) Administer and enforce all laws and regulations relating to pollution of the air; 

 (8) Represent the state in all matters pertaining to plans, procedures, or negotiations for 

interstate compacts in relation to air pollution control; 

 (9) (A) Cooperate with and receive moneys from the federal government or any other source 

for the study and control of air pollution. 

 (B) The department is designated as the official state air pollution control agency for such 

purposes; 

 (10) Make, issue, modify, revoke, and enforce orders prohibiting, controlling, or abating air 

pollution and requiring the adoption of remedial measures to prevent, control, or abate air 

pollution; 

 (11) Institute court proceedings to compel compliance with the provisions of this chapter and 

rules, regulations, and orders issued pursuant to this chapter; and 
 (12) Exercise all of the powers in the control of air pollution granted to the department for the 

control of water pollution under §§ 8-4-101 -- 8-4-106 and 8-4-201 -- 8-4-229. 

 (13) Develop and implement state implementation plans provided that the commission shall 

retain all powers and duties regarding promulgation of rules and regulations under this chapter. 

(b) The Arkansas Pollution Control and Ecology Commission shall have the power to: 

 (1) (A) Promulgate rules and regulations for implementing the substantive statutes charged to 

the department for administration. 

 (B) In promulgation of such rules and regulations, prior to the submittal to public comment 

and review of any rule, regulation, or change to any rule or regulation that is more stringent than 

federal requirements, the commission shall duly consider the economic impact and the 

environmental benefit of such rule or regulation on the people of the State of Arkansas, including 

those entities that will be subject to the regulation. 

 (C) The commission shall promptly initiate rulemaking to further implement the analysis 

required under subdivision (b)(1)(B) of this section. 

 (D) The extent of the analysis required under subdivision (b)(1)(B) of this section shall be 

defined in the commission's rulemaking required under subdivision (b)(1)(C) of this section. It 

will include a written report that shall be available for public review along with the proposed rule 

in the public comment period. 

 (E) Upon completion of the public comment period, the commission shall compile a 

rulemaking record or response to comments demonstrating a reasoned evaluation of the relative 

impact and benefits of the more stringent regulation; 

 (2) Promulgate rules, regulations, and procedures not otherwise governed by applicable law 

that the commission deems necessary to secure public participation in environmental decisionmaking processes; 

 (3) Promulgate rules and regulations governing administrative procedures for challenging or 

contesting department actions; 

 (4) In the case of permitting or grants decisions, provide the right to appeal a permitting or 

grants decision rendered by the Director of the Arkansas Department of Environmental Quality 

or his or her delegatee; 
 (5) In the case of an administrative enforcement or emergency action, providing the right to 

contest any such action initiated by the director; 

 (6) Instruct the director to prepare such reports or perform such studies as will advance the 

cause of environmental protection in the state; 

 (7) Make recommendations to the director regarding overall policy and administration of the 

department, provided, however, that the director shall always remain within the plenary authority 

of the Governor; 

 (8) Upon a majority vote, initiate review of any director's decision; 

 (9) Adopt, after notice and public hearing, reasonable and nondiscriminatory rules and 

regulations requiring the registration of and the filing of reports by persons engaged in operations 

that may result in air pollution; 

 (10) (A) Adopt, after notice and public hearing, reasonable and nondiscriminatory rules and 

regulations, including requiring a permit or other regulatory authorization from the department, 

before any equipment causing the issuance of air contaminants may be built, erected, altered, 

replaced, used, or operated, except in the case of repairs or maintenance of equipment for which 

a permit has been previously used, and revoke or modify any permit issued under this chapter or 

deny any permit when it is necessary, in the opinion of the department, to prevent, control, or 

abate air pollution. 

 (B) A permit shall be issued for the operation or use of any equipment or any facility in 

existence upon the effective date of any rule or regulation requiring a permit if proper application 

is made for the permit. 

 (C) No such permit shall be modified or revoked without prior notice and hearing as 

provided in this section. 

 (D) Any person that is denied a permit by the department or that has such permit revoked or 

modified shall be afforded an opportunity for a hearing in connection therewith upon written 

application made within thirty (30) days after service of notice of such denial, revocation, or 

modification. 

 (E) The operation of any existing equipment or facility for which a proper permit application 

has been made shall not be interrupted pending final action thereon. 

 (F) (i) An applicant or permit holder that has had a complete application for a permit or for a 
modification of a permit pending longer than the time specified in the state regulations 

promulgated pursuant to Title V of the Clean Air Act Amendments of 1990, or any person that 

participated in the public participation process, and any other person that could obtain judicial 

review of such actions under state laws, may petition the commission for relief from department 

inaction. 

 (ii) The commission will either deny or grant the petition within forty-five (45) days of its 

submittal. 

 (iii) For the purposes of judicial review, either a commission denial or the failure of the 

department to render a final decision within thirty (30) days after the commission has granted a 

petition shall constitute final agency action; and 

 (11) (A) Establish through its rulemaking authority, either alone or in conjunction with the 

appropriate state or local agencies, a system for the banking and trading of air emissions 

designed to maintain both the state's attainment status with the national ambient air quality 

standards mandated by the Clean Air Act and the overall air quality of the state. 

 (B) The commission may consider differential valuation of emission credits as necessary to 

achieve primary and secondary national ambient air quality standards, and may consider 

establishing credits for air pollutants other than those designated as criteria air pollutants by the 

United States Environmental Protection Agency. 

 (C) Any regulation proposed pursuant to this authorization shall be reported to the House 

Interim Committee on Public Health, Welfare, and Labor and the Senate Interim Committee on 

Public Health, Welfare, and Labor or appropriate subcommittees thereof prior to its final 

promulgation. 

HISTORY: Acts 1949, No. 472, [Part 2], § 5, as added by Acts 1965, No. 183, § 7; A.S.A. 

1947, § 82-1935; Acts 1993, No. 994, § 1; 1995, No. 895, § 4; 1997, No. 179, § 1; 1997, No. 

1219, § 6; 1999, No. 1164, § 31; Act 1302, 2013. 
Tab E: 

Regulation No. 19 

with Changes Indicated 

(“Proposed”)

 
Pollution Control and Ecology Commission # 014.00-019 

 

ARKANSAS POLLUTION CONTROL

and ECOLOGY COMMISSION

REGULATION NO. 19

REGULATIONS OF THE ARKANSAS PLAN OF 

IMPLEMENTATION FOR AIR POLLUTION 

CONTROL 

INITIAL DRAFT

Submitted to the PC&E Commission in February 2013 

EXHIBIT A
i 

TABLE OF CONTENTS 

CHAPTER 1: TITLE, INTENT, AND PURPOSE .................................................................... 1-1

Reg. 19.101 Title............................................................................................................. 1-1

Reg. 19.102 Applicability ............................................................................................... 1-1

Reg. 19.103 Intent and Construction .............................................................................. 1-1

Reg. 19.104 Severability ................................................................................................. 1-2

CHAPTER 2: DEFINITIONS .................................................................................................... 2-1

CHAPTER 3: PROTECTION OF THE NATIONAL AMBIENT AIR QUALITY 

STANDARDS...................................................................................................... 3-1

Reg. 19.301 Purpose ....................................................................................................... 3-1

Reg. 19.302 Department Responsibilities ....................................................................... 3-1

Reg. 19.303 Regulated Sources Responsibilities ............................................................ 3-1

Reg. 19.304 Delegated Federal Programs....................................................................... 3-2

CHAPTER 4: MINOR SOURCE REVIEW................................................................................ 4-1

Reg. 19.401 General Applicability ................................................................................. 4-1

Reg. 19.402 Approval Criteria ........................................................................................ 4-1

Reg. 19.403 Owner/Operator's Responsibilities ............................................................. 4-1

Reg. 19.404 Required Information ................................................................................. 4-2

Reg. 19.405 Action on Application ................................................................................ 4-2

Reg. 19.406 Public Participation .................................................................................... 4-4

Reg. 19.407 Permit Amendments ................................................................................... 4-6

Reg. 19.408 Exemption from Permitting ...................................................................... 4-10

Reg. 19.409 Transition .................................................................................................. 4-10

Reg. 19.410 Permit Revocation and Cancellation ........................................................ 4-10

Reg. 19.411 General Permits ........................................................................................ 4-11

Reg. 19.412 Dispersion Modeling ................................................................................ 4-12

Reg. 19.413 Confidentiality .......................................................................................... 4-12

Reg. 19.414 Operational Flexibility-Applicant's Duty to Apply for Alternative 

Scenarios ............................................................................................ 4-14

Reg. 19.415 Changes Resulting in No Emissions Increases ......................................... 4-14

Reg. 19.416 Permit Flexibility ...................................................................................... 4-15

Reg. 19.417 Registration............................................................................................... 4-17
ii

CHAPTER 5: GENERAL EMISSIONS LIMITATIONS APPLICABLE TO EQUIPMENT ... 5-1

Reg. 19.501 Purpose ....................................................................................................... 5-1

Reg. 19.502 General Regulations ................................................................................... 5-1

Reg. 19.503 Visible Emission Regulations..................................................................... 5-1

Reg. 19.504 Stack Height/Dispersion Regulations ......................................................... 5-2

Reg. 19.505 Revised Emissions Limitation .................................................................... 5-2

CHAPTER 6: UPSET AND EMERGENCY CONDITIONS .................................................... 6-1

Reg. 19.601 Upset Conditions ........................................................................................ 6-1

Reg. 19.602 Emergency Conditions ............................................................................... 6-2

CHAPTER 7: SAMPLING, MONITORING, AND REPORTING REQUIREMENTS ........... 7-1

Reg. 19.701 Purpose ....................................................................................................... 7-1

Reg. 19.702 Air Emissions Sampling ............................................................................. 7-1

Reg. 19.703 Continuous Emissions Monitoring ............................................................. 7-2

Reg. 19.704 Notice of Completion ................................................................................. 7-3

Reg. 19.705 Record Keeping and Reporting Requirements ........................................... 7-3

Reg. 19.706 Public Availability of Emissions Data ....................................................... 7-4

CHAPTER 8: 111(D) DESIGNATED FACILITIES ................................................................. 8-1

Reg. 19.801 Purpose ....................................................................................................... 8-1

Reg. 19.802 Permit Emissions Limitations..................................................................... 8-1

Reg. 19.803 Sulfuric Acid Plants (H2SO4 Mist) ............................................................. 8-1

Reg. 19.804 Kraft Pulp Mills (TRS)............................................................................... 8-1

CHAPTER 9: PREVENTION OF SIGNIFICANT DETERIORATION ................................... 9-1

Reg. 19.901 Title............................................................................................................. 9-1

Reg. 19.902 Purposes ...................................................................................................... 9-1

Reg. 19.903 Definitions .................................................................................................. 9-1

Reg. 19.904 Adoption of Regulations............................................................................. 9-2

CHAPTER 10: REGULATIONS FOR THE CONTROL OF VOLATILE ORGANIC 

COMPOUNDS IN PULASKI COUNTY .......................................................... 10-1

Reg. 19.1001 Title......................................................................................................... 10-1

Reg. 19.1002 Purpose ................................................................................................... 10-1

Reg. 19.1003 Definitions .............................................................................................. 10-1

Reg. 19.1004 General Provisions.................................................................................. 10-5

Reg. 19.1005 Provisions for Specific Processes ......................................................... 10-12

Reg. 19.1006 Severability ........................................................................................... 10-18
iii

CHAPTER 11: MAJOR SOURCE PERMITTING PROCEDURES ....................................... 11-1

CHAPTER 12: [RESERVED] .................................................................................................. 12-1

CHAPTER 13: STAGE I VAPOR RECOVERY ..................................................................... 13-1

Reg. 19.1301 Purpose ................................................................................................... 13-1

Reg. 19.1302 Applicability ........................................................................................... 13-1

Reg. 19.1303 Definitions .............................................................................................. 13-1

Reg. 19.1304 Exemptions ............................................................................................. 13-4

Reg. 19.1305 Prohibited Activities ............................................................................... 13-4

Reg. 19.1306 Record Keeping ...................................................................................... 13-5

Reg. 19.1307 Inspections .............................................................................................. 13-5

Reg. 19.1308 Vapor Recovery Systems ....................................................................... 13-6

Reg. 19.1309 Gasoline Delivery Vessels ...................................................................... 13-6

Reg. 19.1310 Owner/Operator Responsibility .............................................................. 13-7

Reg. 19.1311 Test Methods .......................................................................................... 13-7

Reg. 19.1312 Effective Date ......................................................................................... 13-8

CHAPTER 14: CAIR NOX OZONE SEASON TRADING PROGRAM GENERAL 

PROVISIONS .................................................................................................... 14-1

Reg. 19.1401 Adoption of Regulations......................................................................... 14-1

Reg. 19.1402 State Trading Budget .............................................................................. 14-1

Reg. 19.1403 Timing Requirements for CAIR NOx Ozone Season Allowance 

Allocations ......................................................................................... 14-1

Reg. 19.1404 CAIR NOx Ozone Season Allowance Allocations ................................. 14-2

CHAPTER 15: REGIONAL HAZE ......................................................................................... 15-1

Reg. 19.1501 Purpose ................................................................................................... 15-1

Reg. 19.1502 Definitions .............................................................................................. 15-1

Reg. 19.1503 BART Eligible Sources .......................................................................... 15-1

Reg. 19.1504 Facilities Subject-to-BART .................................................................... 15-3

Reg. 19.1505 BART Requirements .............................................................................. 15-3

Reg. 19.1506 Compliance Provisions ........................................................................... 15-6

Reg. 19.1507 Permit Reopening ................................................................................... 15-7

CHAPTER 16: EFFECTIVE DATE ........................................................................................ 16-1

Reg. 19.1601 Effective Date ......................................................................................... 16-1

APPENDIX A: INSIGNIFICANT ACTIVITIES LIST .................................................................1
9-1

CHAPTER 9: PREVENTION OF SIGNIFICANT DETERIORATION 

Reg. 19.901 Title 

The following rules and regulations of the Arkansas Pollution Control and Ecology Commission, 

adopted in accordance with the provisions of Part II of the Arkansas Water and Air Pollution 

Control Act at A.C.A §§8-4-101 et seq., shall be known as the Prevention of Significant 

Deterioration Regulations of the Arkansas Plan of Implementation for Air Pollution Control, 

hereinafter referred to, respectively, as the “PSD Regulations.” 

Reg. 19.902 Purposes 

Promulgation and enforcement of these PSD Regulations is intended to further the purposes of 

the Plan and the Regulations of the Plan, including, but not limited to, acceptance of delegation 

by the EPA of authority for enforcement of regulations governing the prevention of significant 

deterioration of air quality and regulations governing the protection of visibility in mandatory 

Class I federal areas. 

Reg. 19.903 Definitions 

(A) "Advance notification" (of a permit application) means any written communication 

which establishes the applicant's intention to construct, and which provides the 

Department with sufficient information to determine that the proposed source may 

constitute a major new source or major modification, and that such source may affect 

any mandatory Class I federal area, including, but not limited to, submittal of a draft 

or partial permit application, a PSD monitoring plan, or a sufficiently detailed letter. 

"Advance notification" does not include general inquiries about the Department's 

regulations. 

(B) All other terms used herein shall have the same meaning as set forth in Chapter 2 of 

Regulation 19 or in 40 CFR 52.21(b) [PSD] and 40 CFR 51.301 [Protection of 

Visibility] as of November 29, 2005, all as in effect upon the latest date of 

amendment of this supplement, unless manifestly inconsistent with the context in 

which they are used. Wherever there is a difference between the definitions in 

Chapter 2 of Regulation 19 and those listed in 40 CFR 52.21(b) and 40 CFR 51.301, 
9-2

the federal definitions as listed in 40 CFR 52.21(b) and 40 CFR 51.301 as of 

November 29, 2005, shall apply. 

(C) The definition for “routine maintenance, repair and replacement” in 40 CFR 

52.21(b)(2)(iii)(a) is not incorporated.

Reg. 19.904 Adoption of Regulations 

(A) Except where manifestly inconsistent with the provisions of the Clean Air Act, as 

amended, or with federal regulations adopted pursuant thereto, and as amended 

specifically herein by paragraphs (B), (C), (D), (E), and (F), and (G) of Reg. 19.904, 

the Arkansas Department of Environmental Quality shall have those responsibilities 

and that authority, with reference to the State of Arkansas, granted to the 

Administrator of the EPA under 40 CFR 52.21 (a)(2) through (bb), as in effect on 

November 29, 2005, which are hereby incorporated herein by reference, with the 

exception of:

(1) 40 C.F.R. § 52.21(aa), which is incorporated by reference as in effect on August 

13, 2012, except for instances in the sections of 40 C.F.R. § 52.21(aa) where 40 

C.F.R. § 52.21(b)(49) is referenced. In those instances, paragraph (G) of Reg. 

19.904 shall apply; and 

(2) 40 CFR 52.21(b)(55-58), 40 CFR 52.21(i)(9), and 40 CFR 52.21(cc), which are 

not incorporated. 

In the absence of a specific imposition of responsibility or grant of authority, the 

Department shall be deemed to have that responsibility and authority necessary to 

attain the purposes of the Plan, these PSD Regulations, and the applicable federal 

regulations, as incorporated herein by reference. 

(B) Exclusions from the consumption of increments, as provided in 40 CFR 

51.166(f)(1)(iii) as of November 29, 2005, shall be effective immediately. 

Submission of this Plan under the Governor's signature constitutes a request by the 

Governor for this exclusion. 
9-3

(C) In addition to the requirements of 40 CFR 52.21(o) as of November 29, 2005, the 

following requirements [designated as Reg. 19.904(C)(1),(2),(3) and (4)] shall also 

apply: 

(1) Where air quality impact analyses required under this part indicate that the 

issuance of a permit for any major stationary source or for any major 

modification would result in the consumption of more than fifty percent (50%) of 

any available annual increment or eighty percent (80%) of any short term 

increment, the person applying for such a permit shall submit to the Department 

an assessment of the following factors: 

(a) Effects that the proposed consumption would have upon the 

industrial and economic development within the area of the 

proposed source; and 

(b) Alternatives to such consumption, including alternative siting of 

the proposed source or portions thereof. 

(2) The assessment required under subparagraph (4) above shall be made part of the 

application for permit and shall be made available for public inspection as 

provided in 40 CFR 52.21(q) as of November 29, 2005. 

(3) The assessment required under subparagraph (4) above shall be in detail 

commensurate with the degree of proposed increment consumption, both in terms 

of the percentage of increment consumed and the area affected. 

(4) The assessment required under subparagraph (4) above may be made effective 

where a proposed source would cause an increment consumption less than that 

specified in said subparagraph if the Director finds that unusual circumstances 

exist in the area of the proposed source which warrant such an assessment. The 

Director shall notify the applicant in writing of those circumstances which warrant 

said assessment. The Commission may rescind or modify the Director's action, 

upon a showing by the applicant that the circumstances alleged by the Director 

either do not exist or do not warrant the aforecited assessment. 
9-4

(D) In addition to the requirements of 40 CFR 52.21(p)(1) as of November 29, 2005, the 

following requirements shall also apply: 

 Impacts on mandatory Class I federal areas include impacts on visibility. The 

preliminary determination that a source may affect air quality or visibility in a mandatory 

Class I federal area shall be made by the Department, based on screening criteria agreed 

upon by the Department and the Federal Land Manager. 

(E) In all instances wherein the aforesaid 40 CFR 51.301 and 40 CFR 52.21 refer to the 

Administrator or the Environmental Protection Agency, the reference, for the 

purposes of paragraph (A) of Reg. 19.904, shall be deemed to mean the Arkansas 

Department of Environmental Quality, unless the context plainly dictates otherwise, 

except in the following sections: 

 (1) Exclusion from increment consumption: 40 CFR 52.21(f)(1)(v), (f)(3), and 

 (f)(4)(I); 

 (2) Redesignation: 40 CFR 52.21(g)(1), (g)(2), (g)(4), (g)(5), and (g)(6); 

 (3) Air quality models: 40 CFR 52.21(l)(2). 

(F) Redesignation of air quality areas in Arkansas shall comply with Arkansas Code 

Annotated 1987 Section 8-3-101 et seq. 

(G) For the purpose of the regulation of GHGs, only the standards and requirements 

promulgated by EPA as of June 3, 2010, related to the permitting of GHG emissions 

shall apply to the requirements of 40 CFR 52.21, as of November 29, 2005, 

incorporated by reference at Reg.19.904(A). The following definitions and 

requirements shall also apply: 

(1) “Greenhouse gases” (GHGs) means the air pollutant defined as the aggregate 

group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, 

hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, and shall not be 

subject to regulation except as provided in Reg. 19.904(G)(4) through 

Reg.19.904(G)(5), and shall not be subject to regulation if the stationary source.: 
9-5

(a) Maintains its total source-wide emissions below the GHG plantwide 

applicability limitations (hereinafter “PAL”) level; 

(b) Meets the requirements in 40 § C.F.R 52.21(aa)(1) through 40 C.F.R. § 

52.21(aa)(15) as outlined in Reg. 19.904(A)(1); and 

 (c) Complies with the PAL permit containing the GHG PAL. 

(2) For purposes of Reg. 19.904(G)(3) through Reg.19.904(G)(5): 

(a) The term tons per year (tpy) “CO2 equivalent emissions” (CO2e) shall 

represent an amount of GHGs emitted, and shall be computed as follows: 

(i) Multiplying the mass amount of emissions in tpy, for each of the 

six greenhouse gases in the pollutant GHGs, by each gas’s 

associated global warming potential published at Table A - 1 to 

subpart A of 40 CFR part 98 - Global Warming Potentials (as of 

October 30, 2009); and 

(ii) Sum the resultant values from Reg. 19.904(G)(2)(a)(i) for each gas 

to compute a tpy CO2e.

(b) For purposes of this definition, prior to July 21, 2014, the mass of the 

greenhouse gas carbon dioxide shall not include carbon dioxide emissions 

resulting from the combustion or decomposition of non-fossilized and 

biodegradable organic material originating from plants, animals, or microorganisms (including products, by-products, residues and waste from 

agriculture, forestry and related industries as well as the non-fossilized and 

biodegradable organic fractions of industrial and municipal wastes, 

including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material). 

(3) The term “emissions increase” as used in Reg. 19.904(G)(4) through Reg. 

19.904(G)(5) shall mean that both a significant emissions increase (as calculated 

using the procedures in 40 CFR 52.21(a)(2)(iv), as of November 29, 2005), and a 

significant net emissions increase (as defined in 40 CFR 52.21(b)(3), as of 
9-6

November 29, 2005, and 40 CFR 52.21(b)(23), as of November 29, 2005), occur. 

For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, and 

shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, 

and “significant” is defined as 75,000 tpy CO2e instead of applying the value in 

40 CFR 52.21(b)(23)(ii), as of November 29, 2005. 

(4) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if: 

(a) The stationary source is a new major stationary source for a regulated 

NSR pollutant that is not GHGs, and also will emit or will have the 

potential to emit GHGs at 75,000 tpy CO2e or more; or

(b) The stationary source is an existing major stationary source for a regulated 

NSR pollutant that is not GHGs, and also will have an emissions increase 

of a regulated NSR pollutant, and an emissions increase of GHGs of 

75,000 tpy CO2e or more.

(5) Beginning July 1, 2011, in addition to the provisions in Reg.19.904(G)(4) of this 

section, the pollutant GHGs shall also be subject to regulation: 

(a) At a new stationary source that will emit or have the potential to emit 

100,000 tpy CO2e or more; or 

(b) At an existing stationary source that emits or has the potential to emit 

100,000 tpy CO2e or more, when such stationary source undertakes a 

physical change or change in the method of operation that will result in an 

emissions increase of 75,000 tpy CO2e or more. 
Tab F: 

Regulation No. 19 

with Changes Incorporated 

(“Final”)

 
Pollution Control and Ecology Commission # 014.00-019 

ARKANSAS POLLUTION CONTROL 

and ECOLOGY COMMISSION 

REGULATION NO. 19 

REGULATIONS OF THE ARKANSAS PLAN OF 

IMPLEMENTATION FOR AIR POLLUTION 

CONTROL 

~ (.r~) 

-=":.. p-- a-:-u. ," 'r 

. ; <:~ 

. \ ~ " 

. _ •. i •. 

'-''''-" ( 

:.;~~~ !. 

;:Z; Adopted by the PC&E Commission: June 28, 2013 
i 

TABLE OF CONTENTS 

CHAPTER 1: TITLE, INTENT, AND PURPOSE .................................................................... 1-1

Reg. 19.101 Title............................................................................................................. 1-1

Reg. 19.102 Applicability ............................................................................................... 1-1

Reg. 19.103 Intent and Construction .............................................................................. 1-1

Reg. 19.104 Severability ................................................................................................. 1-2

CHAPTER 2: DEFINITIONS .................................................................................................... 2-1

CHAPTER 3: PROTECTION OF THE NATIONAL AMBIENT AIR QUALITY 

STANDARDS...................................................................................................... 3-1

Reg. 19.301 Purpose ....................................................................................................... 3-1

Reg. 19.302 Department Responsibilities ....................................................................... 3-1

Reg. 19.303 Regulated Sources Responsibilities ............................................................ 3-1

Reg. 19.304 Delegated Federal Programs....................................................................... 3-2

CHAPTER 4: MINOR SOURCE REVIEW................................................................................ 4-1

Reg. 19.401 General Applicability ................................................................................. 4-1

Reg. 19.402 Approval Criteria ........................................................................................ 4-1

Reg. 19.403 Owner/Operator's Responsibilities ............................................................. 4-1

Reg. 19.404 Required Information ................................................................................. 4-2

Reg. 19.405 Action on Application ................................................................................ 4-2

Reg. 19.406 Public Participation .................................................................................... 4-4

Reg. 19.407 Permit Amendments ................................................................................... 4-6

Reg. 19.408 Exemption from Permitting ...................................................................... 4-10

Reg. 19.409 Transition .................................................................................................. 4-10

Reg. 19.410 Permit Revocation and Cancellation ........................................................ 4-10

Reg. 19.411 General Permits ........................................................................................ 4-11

Reg. 19.412 Dispersion Modeling ................................................................................ 4-12

Reg. 19.413 Confidentiality .......................................................................................... 4-12

Reg. 19.414 Operational Flexibility-Applicant's Duty to Apply for Alternative 

Scenarios ............................................................................................ 4-14

Reg. 19.415 Changes Resulting in No Emissions Increases ......................................... 4-14

Reg. 19.416 Permit Flexibility ...................................................................................... 4-15

Reg. 19.417 Registration............................................................................................... 4-17
ii

CHAPTER 5: GENERAL EMISSIONS LIMITATIONS APPLICABLE TO EQUIPMENT ... 5-1

Reg. 19.501 Purpose ....................................................................................................... 5-1

Reg. 19.502 General Regulations ................................................................................... 5-1

Reg. 19.503 Visible Emission Regulations..................................................................... 5-1

Reg. 19.504 Stack Height/Dispersion Regulations ......................................................... 5-2

Reg. 19.505 Revised Emissions Limitation .................................................................... 5-2

CHAPTER 6: UPSET AND EMERGENCY CONDITIONS .................................................... 6-1

Reg. 19.601 Upset Conditions ........................................................................................ 6-1

Reg. 19.602 Emergency Conditions ............................................................................... 6-2

CHAPTER 7: SAMPLING, MONITORING, AND REPORTING REQUIREMENTS ........... 7-1

Reg. 19.701 Purpose ....................................................................................................... 7-1

Reg. 19.702 Air Emissions Sampling ............................................................................. 7-1

Reg. 19.703 Continuous Emissions Monitoring ............................................................. 7-2

Reg. 19.704 Notice of Completion ................................................................................. 7-3

Reg. 19.705 Record Keeping and Reporting Requirements ........................................... 7-3

Reg. 19.706 Public Availability of Emissions Data ....................................................... 7-4

CHAPTER 8: 111(D) DESIGNATED FACILITIES ................................................................. 8-1

Reg. 19.801 Purpose ....................................................................................................... 8-1

Reg. 19.802 Permit Emissions Limitations..................................................................... 8-1

Reg. 19.803 Sulfuric Acid Plants (H2SO4 Mist) ............................................................. 8-1

Reg. 19.804 Kraft Pulp Mills (TRS)............................................................................... 8-1

CHAPTER 9: PREVENTION OF SIGNIFICANT DETERIORATION ................................... 9-1

Reg. 19.901 Title............................................................................................................. 9-1

Reg. 19.902 Purposes ...................................................................................................... 9-1

Reg. 19.903 Definitions .................................................................................................. 9-1

Reg. 19.904 Adoption of Regulations............................................................................. 9-2

CHAPTER 10: REGULATIONS FOR THE CONTROL OF VOLATILE ORGANIC 

COMPOUNDS IN PULASKI COUNTY .......................................................... 10-1

Reg. 19.1001 Title......................................................................................................... 10-1

Reg. 19.1002 Purpose ................................................................................................... 10-1

Reg. 19.1003 Definitions .............................................................................................. 10-1

Reg. 19.1004 General Provisions.................................................................................. 10-5

Reg. 19.1005 Provisions for Specific Processes ......................................................... 10-12

Reg. 19.1006 Severability ........................................................................................... 10-18
iii

CHAPTER 11: MAJOR SOURCE PERMITTING PROCEDURES ....................................... 11-1

CHAPTER 12: [RESERVED] .................................................................................................. 12-1

CHAPTER 13: STAGE I VAPOR RECOVERY ..................................................................... 13-1

Reg. 19.1301 Purpose ................................................................................................... 13-1

Reg. 19.1302 Applicability ........................................................................................... 13-1

Reg. 19.1303 Definitions .............................................................................................. 13-1

Reg. 19.1304 Exemptions ............................................................................................. 13-4

Reg. 19.1305 Prohibited Activities ............................................................................... 13-4

Reg. 19.1306 Record Keeping ...................................................................................... 13-5

Reg. 19.1307 Inspections .............................................................................................. 13-5

Reg. 19.1308 Vapor Recovery Systems ....................................................................... 13-6

Reg. 19.1309 Gasoline Delivery Vessels ...................................................................... 13-6

Reg. 19.1310 Owner/Operator Responsibility .............................................................. 13-7

Reg. 19.1311 Test Methods .......................................................................................... 13-7

Reg. 19.1312 Effective Date ......................................................................................... 13-8

CHAPTER 14: CAIR NOX OZONE SEASON TRADING PROGRAM GENERAL 

PROVISIONS .................................................................................................... 14-1

Reg. 19.1401 Adoption of Regulations......................................................................... 14-1

Reg. 19.1402 State Trading Budget .............................................................................. 14-1

Reg. 19.1403 Timing Requirements for CAIR NOx Ozone Season Allowance 

Allocations ......................................................................................... 14-1

Reg. 19.1404 CAIR NOx Ozone Season Allowance Allocations ................................. 14-2

CHAPTER 15: REGIONAL HAZE ......................................................................................... 15-1

Reg. 19.1501 Purpose ................................................................................................... 15-1

Reg. 19.1502 Definitions .............................................................................................. 15-1

Reg. 19.1503 BART Eligible Sources .......................................................................... 15-1

Reg. 19.1504 Facilities Subject-to-BART .................................................................... 15-3

Reg. 19.1505 BART Requirements .............................................................................. 15-3

Reg. 19.1506 Compliance Provisions ........................................................................... 15-6

Reg. 19.1507 Permit Reopening ................................................................................... 15-7

CHAPTER 16: EFFECTIVE DATE ........................................................................................ 16-1

Reg. 19.1601 Effective Date ......................................................................................... 16-1

APPENDIX A: INSIGNIFICANT ACTIVITIES LIST .................................................................1
9-1

CHAPTER 9: PREVENTION OF SIGNIFICANT DETERIORATION 

Reg. 19.901 Title 

The following rules and regulations of the Arkansas Pollution Control and Ecology Commission, 

adopted in accordance with the provisions of Part II of the Arkansas Water and Air Pollution 

Control Act at A.C.A §§8-4-101 et seq., shall be known as the Prevention of Significant 

Deterioration Regulations of the Arkansas Plan of Implementation for Air Pollution Control, 

hereinafter referred to, respectively, as the “PSD Regulations.” 

Reg. 19.902 Purposes 

Promulgation and enforcement of these PSD Regulations is intended to further the purposes of 

the Plan and the Regulations of the Plan, including, but not limited to, acceptance of delegation 

by the EPA of authority for enforcement of regulations governing the prevention of significant 

deterioration of air quality and regulations governing the protection of visibility in mandatory 

Class I federal areas. 

Reg. 19.903 Definitions 

(A) "Advance notification" (of a permit application) means any written communication 

which establishes the applicant's intention to construct, and which provides the 

Department with sufficient information to determine that the proposed source may 

constitute a major new source or major modification, and that such source may affect 

any mandatory Class I federal area, including, but not limited to, submittal of a draft 

or partial permit application, a PSD monitoring plan, or a sufficiently detailed letter. 

"Advance notification" does not include general inquiries about the Department's 

regulations. 

(B) All other terms used herein shall have the same meaning as set forth in Chapter 2 of 

Regulation 19 or in 40 CFR 52.21(b) [PSD] and 40 CFR 51.301 [Protection of 

Visibility] as of November 29, 2005, all as in effect upon the latest date of 

amendment of this supplement, unless manifestly inconsistent with the context in 

which they are used. Wherever there is a difference between the definitions in 

Chapter 2 of Regulation 19 and those listed in 40 CFR 52.21(b) and 40 CFR 51.301, 
9-2

the federal definitions as listed in 40 CFR 52.21(b) and 40 CFR 51.301 as of 

November 29, 2005, shall apply. 

(C) The definition for “routine maintenance, repair and replacement” in 40 CFR 

52.21(b)(2)(iii)(a) is not incorporated.

Reg. 19.904 Adoption of Regulations 

(A) Except where manifestly inconsistent with the provisions of the Clean Air Act, as 

amended, or with federal regulations adopted pursuant thereto, and as amended 

specifically herein by paragraphs (B), (C), (D), (E), (F), and (G) of Reg. 19.904, the 

Arkansas Department of Environmental Quality shall have those responsibilities and 

that authority, with reference to the State of Arkansas, granted to the Administrator 

of the EPA under 40 CFR 52.21 (a)(2) through (bb), as in effect on November 29, 

2005, which are hereby incorporated herein by reference, with the exception of: 

(1) 40 C.F.R. § 52.21(aa), which is incorporated by reference as in effect on August 

13, 2012, except for instances in the sections of 40 C.F.R. § 52.21(aa) where 40 

C.F.R. § 52.21(b)(49) is referenced. In those instances, paragraph (G) of Reg. 

19.904 shall apply; and 

(2) 40 CFR 52.21(b)(55-58), 40 CFR 52.21(i)(9), and 40 CFR 52.21(cc), which are 

not incorporated. 

In the absence of a specific imposition of responsibility or grant of authority, the 

Department shall be deemed to have that responsibility and authority necessary to 

attain the purposes of the Plan, these PSD Regulations, and the applicable federal 

regulations, as incorporated herein by reference. 

(B) Exclusions from the consumption of increments, as provided in 40 CFR 

51.166(f)(1)(iii) as of November 29, 2005, shall be effective immediately. 

Submission of this Plan under the Governor's signature constitutes a request by the 

Governor for this exclusion. 
9-3

(C) In addition to the requirements of 40 CFR 52.21(o) as of November 29, 2005, the 

following requirements [designated as Reg. 19.904(C)(1),(2),(3) and (4)] shall also 

apply: 

(1) Where air quality impact analyses required under this part indicate that the 

issuance of a permit for any major stationary source or for any major 

modification would result in the consumption of more than fifty percent (50%) of 

any available annual increment or eighty percent (80%) of any short term 

increment, the person applying for such a permit shall submit to the Department 

an assessment of the following factors: 

(a) Effects that the proposed consumption would have upon the 

industrial and economic development within the area of the 

proposed source; and 

(b) Alternatives to such consumption, including alternative siting of 

the proposed source or portions thereof. 

(2) The assessment required under subparagraph (4) above shall be made part of the 

application for permit and shall be made available for public inspection as 

provided in 40 CFR 52.21(q) as of November 29, 2005. 

(3) The assessment required under subparagraph (4) above shall be in detail 

commensurate with the degree of proposed increment consumption, both in terms 

of the percentage of increment consumed and the area affected. 

(4) The assessment required under subparagraph (4) above may be made effective 

where a proposed source would cause an increment consumption less than that 

specified in said subparagraph if the Director finds that unusual circumstances 

exist in the area of the proposed source which warrant such an assessment. The 

Director shall notify the applicant in writing of those circumstances which warrant 

said assessment. The Commission may rescind or modify the Director's action, 

upon a showing by the applicant that the circumstances alleged by the Director 

either do not exist or do not warrant the aforecited assessment. 
9-4

(D) In addition to the requirements of 40 CFR 52.21(p)(1) as of November 29, 2005, the 

following requirements shall also apply: 

Impacts on mandatory Class I federal areas include impacts on visibility. The 

preliminary determination that a source may affect air quality or visibility in a mandatory 

Class I federal area shall be made by the Department, based on screening criteria agreed 

upon by the Department and the Federal Land Manager. 

(E) In all instances wherein the aforesaid 40 CFR 51.301 and 40 CFR 52.21 refer to the 

Administrator or the Environmental Protection Agency, the reference, for the 

purposes of paragraph (A) of Reg. 19.904, shall be deemed to mean the Arkansas 

Department of Environmental Quality, unless the context plainly dictates otherwise, 

except in the following sections: 

 (1) Exclusion from increment consumption: 40 CFR 52.21(f)(1)(v), (f)(3), and 

 (f)(4)(I); 

 (2) Redesignation: 40 CFR 52.21(g)(1), (g)(2), (g)(4), (g)(5), and (g)(6); 

 (3) Air quality models: 40 CFR 52.21(l)(2). 

(F) Redesignation of air quality areas in Arkansas shall comply with Arkansas Code 

Annotated 1987 Section 8-3-101 et seq. 

(G) For the purpose of the regulation of GHGs, only the standards and requirements 

promulgated by EPA as of June 3, 2010, related to the permitting of GHG emissions 

shall apply to the requirements of 40 CFR 52.21, as of November 29, 2005, 

incorporated by reference at Reg.19.904(A). The following definitions and 

requirements shall also apply: 

(1) “Greenhouse gases” (GHGs) means the air pollutant defined as the aggregate 

group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, 

hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, and shall not be 

subject to regulation except as provided in Reg. 19.904(G)(4) through 

Reg.19.904(G)(5), and shall not be subject to regulation if the stationary source:
9-5

(a) Maintains its total source-wide emissions below the GHG plantwide 

applicability limitations (hereinafter “PAL”) level; 

(b) Meets the requirements in 40 § C.F.R 52.21(aa)(1) through 40 C.F.R. § 

52.21(aa)(15) as outlined in Reg. 19.904(A)(1); and 

 (c) Complies with the PAL permit containing the GHG PAL. 

(2) For purposes of Reg. 19.904(G)(3) through Reg.19.904(G)(5): 

(a) The term tons per year (tpy) “CO2 equivalent emissions” (CO2e) shall 

represent an amount of GHGs emitted, and shall be computed as follows: 

(i) Multiplying the mass amount of emissions in tpy, for each of the 

six greenhouse gases in the pollutant GHGs, by each gas’s 

associated global warming potential published at Table A - 1 to 

subpart A of 40 CFR part 98 - Global Warming Potentials (as of 

October 30, 2009); and 

(ii) Sum the resultant values from Reg. 19.904(G)(2)(a)(i) for each gas 

to compute a tpy CO2e.

(b) For purposes of this definition, prior to July 21, 2014, the mass of the 

greenhouse gas carbon dioxide shall not include carbon dioxide emissions 

resulting from the combustion or decomposition of non-fossilized and 

biodegradable organic material originating from plants, animals, or microorganisms (including products, by-products, residues and waste from 

agriculture, forestry and related industries as well as the non-fossilized and 

biodegradable organic fractions of industrial and municipal wastes, 

including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material). 

(3) The term “emissions increase” as used in Reg. 19.904(G)(4) through Reg. 

19.904(G)(5) shall mean that both a significant emissions increase (as calculated 

using the procedures in 40 CFR 52.21(a)(2)(iv), as of November 29, 2005), and a 

significant net emissions increase (as defined in 40 CFR 52.21(b)(3), as of 
9-6

November 29, 2005, and 40 CFR 52.21(b)(23), as of November 29, 2005), occur. 

For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, and 

shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, 

and “significant” is defined as 75,000 tpy CO2e instead of applying the value in 

40 CFR 52.21(b)(23)(ii), as of November 29, 2005. 

(4) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if: 

(a) The stationary source is a new major stationary source for a regulated 

NSR pollutant that is not GHGs, and also will emit or will have the 

potential to emit GHGs at 75,000 tpy CO2e or more; or

(b) The stationary source is an existing major stationary source for a regulated 

NSR pollutant that is not GHGs, and also will have an emissions increase 

of a regulated NSR pollutant, and an emissions increase of GHGs of 

75,000 tpy CO2e or more.

(5) Beginning July 1, 2011, in addition to the provisions in Reg.19.904(G)(4) of this 

section, the pollutant GHGs shall also be subject to regulation: 

(a) At a new stationary source that will emit or have the potential to emit 

100,000 tpy CO2e or more; or 

(b) At an existing stationary source that emits or has the potential to emit 

100,000 tpy CO2e or more, when such stationary source undertakes a 

physical change or change in the method of operation that will result in an 

emissions increase of 75,000 tpy CO2e or more. 
ARKANSAS POLLUTION CONTROL & ECOLOGY COMMISSION 

July 17, 2013 

Ms. Donna Davis 

101 EAST CAPITOL 

SUITE 205 

LITTLE ROCK, ARKANSAS 72201 

PHONE: (501) 682-7890 

FAX: (501) 682-7891 

RECEIVED 

JUL 17 2013 

BUREAU OF 

LEGISLATIVE RESEARCH 

Administrative Rules and Regulations Committee 

Room 433, State Capitol Building 

Little Rock, Arkansas 72201 

RE: Regulation No. 19, Regulations of the Arkansas Plan of 

Implementation for Air Pollution Control - FINAL FILING. 

Dear Ms. Davis: 

I am enclosing the following for filing with your office: 

1. One (1) hard copies of the amendment to Regulation No. 19, 

Regulations of the Arkansas Plan of Implementation for Air 

Pollution Control. 

2. One (1) copies of Commission Minute Order No. 13-19 

3. One (1) copy of the Financial Impact Statement. 

Please provide written confirmation of your receipt of these 

materials by file-marking the enclosed copy of this letter and 

returning it to me. 

Thank you for your assistance in this matter. 

Enclosures 

Respectfully, 

Charles 

~~ Moulton 

Administrative Law Judge 
ARKANSAS REGISTER 

Transmittal Sheet 

* Use only for FINAL and EMERGENCY RULES 

For Office 

Use Only: 

Secretary of State 

Mark Martin 

State Capitol, Suite 026 

Little Rock, Arkansas 72201-1094 

(501) 682-3527 

www.sos.arkansas.gov 

Effective Date ___________ Code Number ______________ _ 

Name of Agency Arkansas Pollution Control & Ecology Commission 

Department Arkansas Department of Environmental Quality 

Bates@adeq.state.ar.us 

Contact Mike Bates E-mail ___________ Phone (501) 682-0750 

A.C.A. §§8-4-201, 8-4-304, and 8-4-311 

Statutory Authority for Promulgating Rules ______________________ _ 

Regulation No. 19, Regulations of the Arkansas Plan of Implementation for Air RuleTitle: ______________________________ _ 

Pollution Control; Docket No. 13-004-R; Minute Order No. 13-19 

Intended Effective Date Date 

(Cheek One) 

D Emergency (ACA 25-15-204) 

D 30 Days After Filing (ACA 25-15-204) 

D Other ________ --,----,-_ (Must be more than 30 days .fter nllng d.te.) 

Electronic Copy of Rule submitted under ACA 25-15-218 by: 

Contact Person E-mail Address 

Legal Notice Published 

Final Date for Public Comment 

Reviewed by Legislatice Council 

Adopted by State Agency 

GERTIFICATION OF AUTHORIZED OFFICER 

02/27-28/13 

04/16/13 

06/11/13 

06/28/13 

Date 

>::;- 1 I Hereby Certify That The Attached Rules Were Adopted 

C) In tQinplian~~;Wit~ Act 434 of 1967 the Arkansas Administrative Procedures ct. (ACA 25-15-201 et. seq.) 

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(501) 682-7890 moulton@adeq.state.ar.us 

Phone Number E-mail Address 

Administrative Law Judge Title 

July 17, 2013 Date 

Revised 8/2011 to reneet new legislation passed In 2011. 
For Office Use Only 

Effective Date: 

ARKANSAS STATE LIBRARY 

Agency Certification Form 

For Depositing Final Rules and Regulations 

At the Arkansas State Library 

Documents Services - Arkansas State Library 

One Capitol Mall- Little Rock, AR 72201-1094 

501-682-2326 Phone; 501-682-1532 FAX 

Classification Number: 

Name of Agency: Arkansas Department of Environmental Quality 

Contact Person: Mike Bates Telephone: (501) 682-0750 

Statutory Authority for Promulgating Rules: A.C.A. §§8-4-201, 8-4-304, and 8-4-311. 

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Title of Rule: Regulation No 19, Regulations of the Arkansas Plan of Implementation for Air Pollution 

Control; Docket No. 13-004-R; Minute Order 13-19. 

Rule Status Effective Date Status Effective Date 

o New RulelRegulation D Emergency 

~ Amended RulelRegulation rgj 10 Days after filing 

July 27, 2013 

o Repealed RulelRegulation D Other 

D Order D Repealed 

o Emergency RulelRegulation Adopted by State Agency 

D Rule above is proposed and will be replaced by final version 

cgj Financial and/or Fiscal Impact Statement Attached 

Certification of Authorized Officer 

I hereby certify that the attached rUl~mpliance with Act 434 of 1967 as amended. 

Signature: &~ 1 Date: July 17, 2013 

Title: Administrative Law Judge 

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ARKANSAS POLLUTION CONTROL 

AND ECOLOGY COMMISSION 

MINUTE ORDER NO. 13 - \ g 

SUBJECT Adoption of 

Revisions to Re2ulation 19, 

Re2ulations of the Arkansas 

Plan of Implementation for Air 

Pollution Control 

DOCKET NO. 13-004-R 

PAGE 1 OF 1 

Pursuant to public notice and hearing, and in consideration of comments received, the 

Arkansas Pollution Control and Ecology Commission hereby adopts changes to 

Regulation No. 19, Regulations of the Arkansas Plan ofImplementation for Air 

Pollution Control. 

PROMULGATED THIS 28th DAY OF JUNE, 2013, BY ORDER OF THE ARKANSAS 

POLLUTION CONTROL AND ECOLOGY COMMISSION. 

BY: 

ATTEST: d~;UAL Teresa Marks, Director 

COMMISSIONERS 

~ 1. Bates 

.:...~........-. ___ L. Bengal 

~ c.... 1. Chamberlin 

....jSF;.~ 1. Fox 

()k D. Hendrix 

--'7'''9=:::=00<-:::-

~ L. Hitchcock S. Jorgensen (Chair) 

~ D. Samples V L. Sickel (Vice Chair) 

J.Simpson 

W. Thompson 

B. White ______ R. Young 

SUBMITTED BY: Mike Bates PASSED: 06/28/2013 

EXHIBIT E 
Tab G: 

Procedural Requirements 

-Regulation Tracking Sheet 

-Arkansas Register Transmittal Sheet 

-Arkansas State Library Agency Certification Form 

 
1 of 2 

EXHIBIT D 

ADEQ REGULATIONS TRACKING SHEET

Regulation No. 19 Common Name: Regulations of the Arkansas Plan of Implementation 

 for Air Pollution Control 

1. Strawman review of draft regulation by key groups. 

 initiated completed incorporated 

EPA April 7, 2013 April 11, 2013 N/A 

ADEQ Legal/Admin. February 4, 2013 February 6, 2013 N/A 

Industrial/ February 22, 2013* April 16, 2013 N/A 

 Environmental Groups 

Comments: *Industry was aware of the revision and supported the decision to include GHG PALS into 

APC&EC Regulation No. 19. ADEQ received only one comment from EPA on this rulemaking during 

the public comment period. 

2. Proposed regulation presentation to Commission's Regulations Committee for approval to proceed to 

public comment period. 

Date: February 22, 2013 By: Mike Bates 

Comments/Approval: Committee recommended adoption of Petition to Initiate Rulemaking 

3. Legal notice of proposed regulation and public hearing. 

publication dates of publication

 Arkansas Democrat-Gazette February 27 – February 28, 2013 

4. Provide Legislative Council with three copies of proposed regulation and the legislative questionnaire 

at least ten days prior to the first public hearing. 

Date Delivered: February 27, 2013 

5. Hold public hearing(s) on the proposed regulation. 

location date hearing chairman

 ADEQ Commission Room April 2, 2013 John Chamberlin 

6. Date of final day of public comment period: April 16, 2013 

7. Final proposed regulation and response to comments prepared by Department. 

Date initiated: April 18, 2013 Date completed: April 24, 2013 
8. Formal presentation to the Public Health & Welfare Committee of the Legislative Council. 

Date: May 24,2013 By: Teresa Marks 

Comments/Approval: Regulation reviewed by Committee 

9. Formal presentation of proposed final regulation to the Administrative Rules & Regulations 

Subcommittee of the Legislative Council (all Regs). 

Date: June 11, 2013 By: Teresa Marks 

Comments/Approval: Regulation reviewed ..!b='..ly,-,C~o~m'-!.!!.!m.!!;it'""'te::<.>e,,--___________ _ 

1 0. Presentation of proposed final regulation to Commission's Regulations Committee. 

Date: June 28, 2013 By: Mike Bates 

Comments/Approval: Committee recommended adoption of final rulemaking. 

11. Provide Commission members with copy of proposed final regulation prior to Commission meeting. 

Date Delivered: ___ .:::..Ju""'n.:..:e"-'-14.!-L,...::2'-"0..!..1.:::..3 ___________________ _ 

12. Present proposed final regulation to the Commission for adoption. 

Date: June 28, 2013 By: Mike Bates 

Comments/Approval: Commission approved adoption of final rulemaking. 

13. Send two copies of adopted regulation to Secretary of State. 

Date mailed: Upon final promulgation of Regulation. 

14. Formally submit adopted regulation to EPA. 

Date mailed: Upon final promulgation of Regulation. 

PREPARED BY: 

ARKANSAS DEPARTMENT 

OF ENVIRONMENTAL QUALITY 

By: _4J;~' =:.=-:~=-=-.-=---_ Mike Bates 

20f2 

EXHIBIT D 
ARKANSAS REGISTER 

Transmittal Sheet 

* Use only for FINAL and EMERGENCY RULES 

For Office 

Use Only: 

Secretary of State 

Mark Martin 

State Capitol, Suite 026 

Little Rock, Arkansas 72201-1094 

(501) 682-3527 

www.sos.arkansas.gov 

Effective Date ___________ Code Number ______________ _ 

Name of Agency Arkansas Pollution Control & Ecology Commission 

Department Arkansas Department of Environmental Quality 

Bates@adeq.state.ar.us 

Contact Mike Bates E-mail ___________ Phone (501) 682-0750 

A.C.A. §§8-4-201, 8-4-304, and 8-4-311 

Statutory Authority for Promulgating Rules ______________________ _ 

Regulation No. 19, Regulations of the Arkansas Plan of Implementation for Air RuleTitle: ______________________________ _ 

Pollution Control; Docket No. 13-004-R; Minute Order No. 13-19 

Intended Effective Date Date 

(Cheek One) 

D Emergency (ACA 25-15-204) 

D 30 Days After Filing (ACA 25-15-204) 

D Other ________ --,----,-_ (Must be more than 30 days .fter nllng d.te.) 

Electronic Copy of Rule submitted under ACA 25-15-218 by: 

Contact Person E-mail Address 

Legal Notice Published 

Final Date for Public Comment 

Reviewed by Legislatice Council 

Adopted by State Agency 

GERTIFICATION OF AUTHORIZED OFFICER 

02/27-28/13 

04/16/13 

06/11/13 

06/28/13 

Date 

>::;- 1 I Hereby Certify That The Attached Rules Were Adopted 

C) In tQinplian~~;Wit~ Act 434 of 1967 the Arkansas Administrative Procedures ct. (ACA 25-15-201 et. seq.) 

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(501) 682-7890 moulton@adeq.state.ar.us 

Phone Number E-mail Address 

Administrative Law Judge Title 

July 17, 2013 Date 

Revised 8/2011 to reneet new legislation passed In 2011. 
For Office Use Only 

Effective Date: 

ARKANSAS STATE LIBRARY 

Agency Certification Form 

For Depositing Final Rules and Regulations 

At the Arkansas State Library 

Documents Services - Arkansas State Library 

One Capitol Mall- Little Rock, AR 72201-1094 

501-682-2326 Phone; 501-682-1532 FAX 

Classification Number: 

Name of Agency: Arkansas Department of Environmental Quality 

Contact Person: Mike Bates Telephone: (501) 682-0750 

Statutory Authority for Promulgating Rules: A.C.A. §§8-4-201, 8-4-304, and 8-4-311. 

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Title of Rule: Regulation No 19, Regulations of the Arkansas Plan of Implementation for Air Pollution 

Control; Docket No. 13-004-R; Minute Order 13-19. 

Rule Status Effective Date Status Effective Date 

o New RulelRegulation D Emergency 

~ Amended RulelRegulation rgj 10 Days after filing 

July 27, 2013 

o Repealed RulelRegulation D Other 

D Order D Repealed 

o Emergency RulelRegulation Adopted by State Agency 

D Rule above is proposed and will be replaced by final version 

cgj Financial and/or Fiscal Impact Statement Attached 

Certification of Authorized Officer 

I hereby certify that the attached rUl~mpliance with Act 434 of 1967 as amended. 

Signature: &~ 1 Date: July 17, 2013 

Title: Administrative Law Judge 

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1114/99 

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Tab H: 

Public Participation 

 Regulation revisions: 

-Public Notice Information and Public Hearing Documentation 

-Public Comments and Responsive Summary 

 SIP revisions: 

-Public Notice Information and Public Hearing Documentation 

-Affidavit and Transcript of Public Hearing (No Comments Received) 
Public Participation 

 Regulation Revisions: 

-Public Notice Information and Public Hearing Documentation 

-Public Comments and Responsive Summary 

 
NOTICE OF PROPOSED CHANGES TO ONE AIR QUALITY REGULATION AND

NOTICE OF PUBLIC HEARING AND COMMENT PERIOD 

The Arkansas Pollution Control and Ecology Commission (APC&EC) will hold a public hearing 

April 2, 2013, to receive public comments on the proposed changes to one APC&EC air 

pollution control regulation. The hearing will begin at 2:00 p.m. in the Commission Room at the 

Arkansas Department of Environmental Quality (ADEQ) headquarters building, 5301 

Northshore Drive, North Little Rock, AR 72118. 

The deadline for submitting written comments on the proposed changes is 4:30 p.m., April 16, 

2013. 

In the event of inclement weather or other unforeseen circumstances, a decision may be made to 

postpone the hearings. If the hearings are postponed and rescheduled, a new legal notice will be 

published to announce the details of the new hearing date and comment period. 

The hearing will be held for proposed changes to APC&EC Regulation 19 (State Implementation 

Plan [SIP] for Air Pollution Control). 

APC&EC authority to revise Regulation 19 is found in Ark. Code Ann., Section 8-4-301, et seq. 

The substantive proposed changes to Regulation 19 are necessary to implement plantwide 

applicability limitations (PALs) for greenhouse gas (GHG) emissions. On July 12, 2012, the 

Environmental Protection Agency (EPA) published a final rule in the Federal Register which 

promulgated the third step of the GHG Tailoring Rule, which was instated to “improve the 

administration of the GHG PSD permitting programs.” (77 Fed. Reg. 41,051, July 12, 2012.) 

Adoption of the proposed revisions to Regulation 19 will reduce the administrative burden on the 

Department and will streamline the air permitting process for large facilities subject to GHG 

permitting. 

Significant proposed changes are found within Regulation 19, Chapter 9, Prevention of 

Significant Deterioration. Specifically, at Reg.19.904, Adoption of Regulations, paragraph

19.904(A)(1) is revised to incorporate 40 C.F.R. § 52.21(aa), the section within the Code of 

Federal Regulations where the GHG PALs federal language is located, and the pre-existing 

paragraph (A)(1) is renumbered as (A)(2). Also, at 19.904(G)(1), subparagraphs (a), (b), and (c) 

are added largely verbatim from GHG PALs federal language found at 40 C.F.R. § 

52.21(b)(49)(i). 

Minor changes were also made for clarification and consistency purposes, or to update 

typographical errors throughout Regulation 19. These changes are not related to the above GHG 

PALs revision, and are non-substantive items. Revisions made for this purpose include: at 

19.904(A), a reference to paragraph 19.904(G) is added, at 19.904(E)(3), a reference to air 

quality models is corrected, and at 19.904(G)(1), the word “and” is added. 

Amendments to Regulation 19 will be submitted to the EPA for inclusion into Arkansas’s SIP. 
Copies of proposed regulation changes are available for public inspection during normal business 

hours at the Public Outreach and Assistance (POA) Division in the ADEQ’s headquarters 

building in North Little Rock, and in ADEQ information depositories located in public libraries 

at Arkadelphia, Batesville, Blytheville, Camden, Clinton, Crossett, El Dorado, Fayetteville, 

Forrest City, Fort Smith, Harrison, Helena, Hope, Hot Springs, Jonesboro, Little Rock, 

Magnolia, Mena, Monticello, Mountain Home, Pocahontas, Russellville, Searcy, Stuttgart, 

Texarkana, and West Memphis; in campus libraries at the University of Arkansas at Pine Bluff 

and the University of Central Arkansas at Conway; and in the Arkansas State Library, 900 W. 

Capitol, Suite 100, Little Rock. In addition, copies of the draft regulation showing the proposed 

changes, along with related support documents, are available for viewing or downloading on the 

draft regulations page of the ADEQ’s Internet website at www.adeq.state.ar.us. 

Oral and written statements will be accepted at the hearings, but written comments are preferred 

in the interest of accuracy. In addition, written and electronic mail comments will be accepted if 

received no later than 4:30 p.m., April 16, 2013. Written comments should be mailed to Doug 

Szenher, POA Division, Arkansas Department of Environmental Quality, 5301 Northshore 

Drive, North Little Rock, AR 72118. Electronic mail comments should be sent to: 

reg-comment@adeq.state.ar.us. 

Published 27th and 28th day of February 

Teresa Marks, Director, 

Arkansas Department of Environmental Quality 
Arkansas Democrat·" -Ofjazette 

STATEMENT OF LEGAL ADVERTISING 

ADEQ . 5301 NORTHSHORE DR 

NORTH LITTLE ROCK AR 72118 

ATTN: 

DATE 02/28/13 

ACCT #: L844316 

STATE OF ARKANSAS, 

COUNTY OF PULASKI, 

Fiscal Office 

INVOICE #: 2813384 

P.O. #: 

ss. 

I, Elizabeth Myers do solemnly swear that I am the 

Legal Billing Clerk of the Arkansas Democrat - Gazette, a daily newspaper printed and published 

in said County, State of Arkansas; that I was so 

related to thlS publication at and during the 

publication of the annexed legal advertisement in 

the matter of: 

NOTICE 

pending in the Court, in said County, and 

at the dates of the several publicatlons of said 

advertisement stated below, and that during said 

periods and at said dates, said news~aper was p~inted and had a bona fide circulatlon in said 

County; that said news~aper had been regularly 

printed and published ln said County, and had a 

bona fide circulation therein for the period of 

one month before the date of the first publication 

of said advertisement; and that said advertisement 

was published in the regular daily issues of said 

newspaper as stated below. 

DATE DAY LINAGE RATE 

02/27 Wed 192 1.25 

02/28 Thu 192 1.25 

DATE 

TOTAL COST ----------------------- Billing Ad #: 71847952 

480.00 

OFFICIAL SEAL - # 12381354 

BENNIE: J. FULLER 

NOTARY puaLIC ,ARKANSAS 

_. ~ _. ~UI:AS¥t1 COUNT'!' • . .! = .. 

REMIT TO: 

ARKANSAS DEMOCRAT-GAZETTE, INC. 

P.O. BOX 2221 

LITTLE ROCK, AR 72203 

BILLING QUESTIONS CALL 378-3812 

AD COPY 
Arkansas Democrat Q&azette 

STATEMENT OF LEGAL ADVERTISING 

NOTICE OF PROPOSED 

CHANGES TO ONE AIR 

QUALITY REGULATION ANO 

NOTICE OF PUBLIC HEARING 

ANO COMMENT PERIOD 

The Arkansas Pollution Control 

and Ecology Commission 

'(APC&EC) will hold a public hear- , ing April 2, 2013, to, receive public comments ori' proposed 

,changes to APC&EC Regulation 19 

(State Implementation Plan [SIP] 

for Air Pollution Control). The 

deadline for submitting written 

comments on the proposed 

changes is 4:30 p.m., April 16, 

2013. , The hearing will begin at 2:00 

p.m. in the Commission Room at 

the Arkansas Department of Environmental Quality (ADEQ) headquarters building, 5301 Northshore Drive, North lillie Rock, AR 

72118. . , 

In the event of inclement 

weather or other unforeseen circumstances, a decision may be 

made to postpone the hearing. If 

the hearing is postponed and re- scheduled, a new legal notice will 

be published to announce the 

details of the new hearing date ' 

and comment period. APC&EC authority to revise 

Regulation 19 is found in Arkan- sas Code, Annotated,' Section 

8·4-301, et seq. , The substantive proposed i 

changesto Regulation 19 are necessary to implement plantwide 

applicability limitations (PAls) for 

greenhouse gas (GHG) emissions. 

On July 12, 2012, the Environmental Protection Agency (EPA) , published a final rule in the Fed- , eral Register which promulgated 

the third step of the GHG Tailor- , Ing Rule, which was instated to 

"improve the administration of the , GHG PSO (prevention of significant deterioration) permitting programs." (77 Fed. Reg, 41,051, 

July 12, 2012.) Adoption of the 

proposed reviSions to Regulation' 

19 will reduce the administrative 

burden on the ADEQ and will ' 

streamline the air permitting pro- cess for large facilities subject to 

GHG permitting. Significant proposed changes are found within Regulation 19, 

Chapter 9, Prevention of: 

Significant Deterioration. , SpeCifically, at Reg.19.904, 

Adoption of Regulations, 

paragraph 19.904(A)(I) is revised 

to incorporate 40 C.F.R. § , 52.21(aa), the section within the 

Code of Federal Regulations 

where the GHG PAls federal , language is located, and the pre- , existing paragraph (A)(I) is 

renumbered as (A)(2). Also, at 

19.904(G)(I), subparagraphs (a), 

(b), and (c) are added largely 

verbatim from GHG PAls federal 

language found at 40 C.F.R. § 

52.21 (b)(49Hi). 

Minor changes were also made 

for clarification and consistency 

purposes, or to update 

typographical errors throughout 

Regulation 19. These changes , are not related to the above GHG 

PAls revision, and are non-substantive items. Revisions . made for this purpose Include: at 

19.904(A), a reference to 

paragraph 19.904(G) is added, at ' 

19.904(E)(3), a reference to air 

quality models is corrected, and 

at 19.904(G)(I), the word "and" is 

added. 

Amendments to Regulation 19 , will be submitted to the EPA for , inclusion into Arkansas's SIP. 

Copies of proposed regulation 

changes are available for public 

inspection during normal business 

hours at the Public Outreach and 

Assistance (POA) Division in the 

ADEQ's headquarters building in 

North Little Rock, and in ADEQ 

information depOSitories located 

in public libraries at Arkadelphia, 

Batesville, Bly.thevllle, Camden, 

Clinton, Crossett, EI Dorado 

Fayetteviiie, Forrest City, Fori 

Smith, Harrison, Helena, Hope, 

Hot Springs, Jonesboro, little 

ROck, MagnOlia, Mena 

Monticello, Mountain Home' 

Pocahontas, Russellville, Searcy: ' 

Stuttgart, Texarkana, and West 

Memphis; in campus libraries at ' 

the University of Arkansas at Pine ' 

Bluff and the University of Central 

Arkansas at Conway; and In the Ark~nsas State library, 900 W. 

Caprtol, Suite 100, little Rock. In 

addition, copies of the draft' 

regulation showing the proposed 

changes, along with related 

support documents, are available 

for viewing or downloading on the ' 

draft regulations page of the 

ADEQ's Internet website at. 

WWW.adeq.state.ar.us 

Oral and written statements 

will be accepted at the hearing, ' 

but written comments are preferred in the interest of 

accuracy. In addition, written and 

electronic mail comments will be 

accepted if received no later than 

4:30 p.m., April 16, 2013. Written' 

comments should be mailed to 

Doug Szenher, POA Division 

Arkansas Department oi, 

Environmental Quality, 5301 

Northshore Drive, North little 

Rock, AR 72118. Electronic mail 

comments should be sent to: 

reg-comment@adeq.state.ar.u s. Published February 27 and 28 

2013, ' 

Teresa Marks, Director, 

Arkansas Department of 

Environmental Quality 

718479521 
STATE OF ARKANSAS 

Vendor No. 

Contact 

Your reference 

Purchase Order 

100049340 

ARKANSAS DEMOCRAT GAZETTE INC 

PO Box 2221 

LITTLE ROCK AR 72203 

PO No. 

Oate 

Contact 

Telephone 

Fax 

Our ref. 

Incoterms 

4501328162 

02/21/2013 

Irma G. Hill 

501-682-0744 

501-682-0933 

EL 

FOB 

DESTINATION 

Send Invoice To: 

AR Dept. of Environmental Quality 

Ann.: Accounts Payable 

Ship To: 

ADEQ Delivery Date: 04/04/2013 

5301 NORTHSHORE DRIVE 

5301 Northshore Dr. NORTH LITTLE ROCK AR 72118-5317 

North Little Rock, AR 72118-5317 

Purchase Order Number Must Be Included On All Invoices. All Invoices Must Be Original Copies. 

Item Material/Description QuantityUM Net Price 

0001 10111994 1 EA 120.00 

ADVERTISEMENT ,NEWSPAPER 

Notice of Public Hearing and Comment Period 

for Proposed Federal Changes to Reg. 19 

Net Value 

Payment Terms: Net due in 15 days Total net item value USD including tax 

Agency contact regarding this order: Brenda Hughes, (501) 682-0722 

Publication Date: February 27 & 28, 2013 

GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: 

All purchasing rules and regulations defined by the State of Arkansas apply to this document. 

~~~~ Purchasing Official/Fiscal Officer 

Department of Environmental Quality 

Page 

1/1 

Net Amount 

$ 120.00 

$ 120.00 

$ 120.00 
Purchase Requisition 

/5or 3.;b'n1 to::t One Page 

Date: Wednesday, February 20, 2013 

Contact Person: Brenda Hughes 

Contact Phone Number: (501)682-0722 

Suggested Vendor: Arkansas Democrat Gazette Contract #: 

Street/P.O. Box: P.O. Box 2221 

City, State, Zip Code: Little Rock, AR 72203 

Vendor Number: 100049340 

Vendor Phone Number: (501 )378-3400 Fax#: (501)372-4765 

Line Item Description/Comments Qty Unit of Unit of Total # Measure Measure Price 

1 Notice of public hearing and comment period for proposed 1 ea $ 120.00 $ 120.00 

federal changes to Reg 19 

Notice in paper 2-27 & 28-13 

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

Shipping & Handling 

Sub Total $ 120.00 

Sales Tax $ -

Grand Total $ 120.00 

Commitment Item: I 02 

Line Item Number WBS Element Cost Center 

450655 

Budget liaison Signature: ZS...",a::, ~ 

Authorized Signature: __ kJ;~~~~~~.-!:!!~~~:::...-______ _ 

Date: ;<. ;;'0. 13 

---

~Date: '1~1.r3 

zh//;~ 
BEFORE THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION 

IN THE MATTER OF AMENDMENTS TO 

REGULATION NO. 19, REGULATIONS OF 

ARKANSAS PLAN OF IMPLEMENTATION 

FOR AIR POLLUTION CONTROL 

) 

) 

) 

) 

DOCKET NO. 13 - 004 - R 

RESPONSIVE SUMMARY FOR REGULATION NO. 19, REGULATIONS OF THE 

ARKANSAS PLAN OF IMPLEMENTATION FOR AIR POLLUTION CONTROL 

Pursuant to Arkansas Code Annotated § 8-4-202(d)(4)(C) and Regulation No. 8.815, a 

responsive summary groups public comments into similar categories and explains why the 

Arkansas Pollution Control and Ecology Commission ("Commission") accepts or rejects the 

rationale for each category. 

On February 8, 2013, the Arkansas Department of Environmental Quality ("ADEQ") 

filed a Petition to Initiate Rulemaking to Amend Regulation No. 19, Regulations ofthe Arkansas 

Plan of Implementation for Air Pollution Control. 

Commission member John Chamberlin acted as Hearing Officer and conducted a public 

hearing on April 2, 2013. The public comment period ended April 16,2013. ADEQ received 

one comment, listed below with the Commission's response. 

Comment: 

"[EPA] understand[s] that these revisions have been proposed to be consistent with federal GHG 

PSD PAL permitting provisions at 40 Code of Federal Regulations (CFR) 52.21 and that this will 

be submitted as revisions to the Arkansas State Implementation Plan (SIP). [EPA] note[ s] that 

the new provisions proposed at Regulation 19, Section 19.904(A)(1) include the incorporation by 

reference date of August 13,2012. Please be mindful that the ADEQ is responsible for 

monitoring 40 CFR 52.21(aa) for changes to the PAL permitting provisions and to initiate 

rulemaking accordingly pursuant to all applicable SIP revision requirements." 

Response: 

The Commission acknowledges the Comment, and appreciates EPA's review of the proposed 

rulemaking. ADEQ will monitor future federal rulemakings affecting 40 C.F.R.§ 52.2 1 (aa), and 

will request initiation of corresponding revisions to the Commission's Regulations as necessary. 

Conclusion: 

No revisions to the final rule are necessary due to the comment received. 

By: 

Prepared by: 

Arkansas Department of 

Environmental Quality 

~ -

Mike Bates, Chief, Air Division 

Page 1 of 1 
Public Participation 

 SIP Revisions: 

-Public Notice Information and Public Hearing Documentation 

-Affidavit and Transcript of Public Hearing (No Comments Received) 
Arkansas Department of Environmental Quality 

Public Notice

The Arkansas Department of Environmental Quality (ADEQ) will hold a public hearing at North Little Rock 

October 14, 2013, to receive comments on recent revisions to the State Implementation Plan for Air Pollution 

Control (SIP) prior to submission of the revised plan to the U.S. Environmental Protection Agency (EPA). 

The hearing will begin at 2:00 p.m. (Central Time) in the Commission Room at the ADEQ Headquarters 

Building, 5301 Northshore Drive, North Little Rock. The deadline for submitting comments on the SIP 

revisions is 4:30 p.m. (Central Time) October 28, 2013. 

The SIP revisions were adopted in response to EPA’s final rule “Prevention of Significant Deterioration 

(PSD) and Title V Greenhouse Gas (GHG) Tailoring Rule Step 3 and GHG Plantwide Applicability Limits 

(PALs).” 

On July 12, 2012, EPA published a final rule in the Federal Register which promulgated the third step of the 

GHG Tailoring Rule, which was instated to “improve the administration of the GHG PSD permitting 

programs.” (77 Fed. Reg. 41051, July 12, 2012.) On February 22, 2013, ADEQ initiated PALs revisions to 

Arkansas Pollution Control and Ecology Commission (APC&EC) Regulation No. 19, “Regulations of the 

Arkansas Plan of Implementation for Air Pollution Control,” and the APC&EC adopted revisions to 

Regulation No. 19 on June 28, 2013. Inclusion of the proposed revisions to the SIP will reduce the 

administrative burden on the ADEQ and will streamline the air permitting process for large facilities subject 

to GHG permitting. 

ADEQ is providing the public with the opportunity to comment on this proposed SIP revision in two ways. In 

addition to commenting at the October 14, 2013, public hearing, interested parties may submit written or 

electronic mail comments prior to the comment deadline. Oral and written statements will be accepted at the 

hearing, but written comments are preferred in the interest of accuracy. Written comments should be mailed 

to Mike Bates, Air Division, Arkansas Department of Environmental Quality, 5301 Northshore Drive, North 

Little Rock, AR 72118. Electronic mail comments should be sent to: bates@adeq.state.ar.us. Written or Email comments must be received by 4:30 p.m. (Central Time) October 28, 2013, in order to be considered. 

In the event of inclement weather or other unforeseen circumstances, a decision may be made to postpone the 

hearing. If the hearing is postponed and rescheduled, a new legal notice will be published to announce the 

details of the new hearing date and comment period. 

Pending any comments received, Arkansas will submit this SIP revision to EPA in order to detail how 

Arkansas has in place the necessary elements to include PALs in PSD permits. 

Copies of Arkansas’s proposed SIP revision are available for public inspection during normal business hours 

at the Public Outreach and Assistance (POA) Division in the ADEQ headquarters building in North Little 

Rock and in ADEQ information depositories located in public libraries at Arkadelphia, Batesville, 

Blytheville, Camden, Clinton, Crossett, El Dorado, Fayetteville, Forrest City, Fort Smith, Harrison, Helena, 

Hope, Hot Springs, Jonesboro, Little Rock (main branch), Magnolia, Mena, Monticello, Mountain Home, 

Pocahontas, Russellville, Searcy, Stuttgart, Texarkana, and West Memphis; in campus libraries at the 

University of Arkansas at Pine Bluff and the University of Central Arkansas at Conway; and in the Arkansas 

State Library, 900 W. Capitol, Suite 100, Little Rock, AR. In addition, an electronic copy of the Arkansas’s 

proposed SIP revision is available for viewing or downloading on ADEQ’s Internet web site at 

http://www.adeq.state.ar.us/air/ghg_sip_pn.htm. 

Published September 12, 2013 

Teresa Marks, Director, 

Arkansas Department of Environmental Quality
i\rlkansasl)eunoctat Q&azette 

STATEMENT OF LEGAL ADVERTISING 

ADEQ 

5301 NORTHSHORE DR 

NORTH LITTLE ROCK AR 72118 

ATTN: 

DATE 09/12/13 

ACCT #: L844316 

STATE OF ARKANSAS, 

COUNTY OF PULASKI, 

Fiscal Office 

INVOICE #: 2859401 

P.O. #: 

ss. 

I , Yvette Hines, do solemnly swear that I am the 

Legal Billing Clerk of the Arkansas Democrat -

Gazette, a daily newspaper printed and published 

i n sa i d County, State of Arkansas; that I was so 

r elated to this publication at and during the 

publication of the annexed legal advertisement in 

the matter o f : 

hearing 

pending in the Court, i n said County, and 

at the dates of the several publications of said 

advert isement stated below, and that during ~aid 

periods and at said dates, said newspaper was ' 

printed and had a bona fide circulation in said 

County; that said newspaper had been regularly 

p r int e d and published in said County, and had a 

bona fide circulation therein for the period of 

one month before the date of the first publication 

of said advertisement; and that said advertisement 

was published in the regular daily issues of said 

newspaper as stated below. 

DATE DAY LINAGE RATE 

09/12 Thu 161 1.25 

DATE DAY LINAGE RATE 

; 

,- , 

TOTAL COST - ----------------------

Bi lling Ad #: 7 22 34039 

i. 

." " 

2 01. 2 5 

REMIT TO: 

ARKANSAS DEMOCRAT-GAZETTE, INC. 

P.O. BOX 2221 

LITTLE ROCK, AR 72203 

BILLING QUESTIONS CALL378-3812 

AD COPY 

f7 SEP 13 2013 

\---- L.:;"~ · 

'-

1~OQEF~F:jl.cci,AiLL:;i'::'. ;;;- " ~ .i; ':::::'A ,c,:i:. =:#:=::1:-:2:-:3~8-=--- --- - - - --------- ... - 1354 

~EN hI! E J. FULLER 

NOTAFtY PUBliC -ARKANSAS 

PULASKI COUNTY 

MY COMMISSION EXPIRES: 3-21-2021 I 
Arkansas Democrat .Qi.~~tte STATEMENT OF LEGALADVERTISING 

n!i ;(~i J"'"' ·, ~ .. 'l'D ·(·'OR 4. nD,TT'r:O' 'N' .lL· AD (~()p'\, S·lu·e'l'" Ik .... , N! i:' E ' . . - r.J. :\~ •. :r ~ .) ,j.til .!:i .~J ~ . J.' i.~ . ./.,. ... ' "_.: i~ .; J.~ .f-\.~.1 -i:.d ... .llt.~I).. O ·A. r~ 1.:' I\; 'IA~ Step 3 and GHG Plantwide Appli- .I-.i~~\;J:I:.,' '1-",. "I. cablllty Limits (PALs)." 

= :=========================:::==~, ' On July 12, 2012, EPA pub

- IIshed a final rule In the Federal 

Register which promulgated the 

third step of the GHG Tailoring . Rule which was instated to "ImArkansas Department of 

Environmental Quality 

Public Notice 

The Arkansas Department of 

Environmental Quality (ADEe) will I 

hold a public hearing at North Lit- ' 

j He Rock October 14, 2013, to re- J. ' ceive comments on recent'revi- . . sions·to the State Implementation I 

Plan for Air Pollution Control (SIP) 

-'. prior to submission of the revised Iplan to t~e U.S. Environmental IProtectlon 'Agency (EPA). The 

hearing will begin at 2:00 p.m. i (Central Time) in the Commission I . Room at the ADEQ Headquarters ., Building, 5301 Northshore Drive, I I North Little Rock. The deadline for I submitting comments on the. SIP 

revisions is 4:30 p.m. (Central I 

Time) October 2B, 2013. I , The SIP revisions were adopted in response to EPA's final rule "Prevention of Significant Deterioration (PSD) and Title V Green- I 

house Gas (GHG) Tailoring Rule 

prov'e the administration of th~ 

GHG PSO permlttmg programs. '. (77 Fed. Reg. 41051, July 12, , 2012.) Oil February 22, .2013, , ADEe initiated PALs reVISions to 

Arkansas Pollution Control and . Ecology Commission (APC&EC) 

Regulation No. 19, "Regulations 

of the Arkansas Plan lm~le­

"mentatlon for Air Pollution : Control," and the APC&EC adopt- ed revisions to RegulatIOn No. 19 . on June 28, 2013. Inclusion of the 

; proposed revisions to the SIP will 

reduce the administrative burden . . on the AOEQ and will stre~mline . the air permitting process for "large facilities subject to GHG 

permitting: . , AOEQ is providing the public 

with the opportunity to comment on this proposed SIP revision In r two ways. In addition to com- menting at the October 14, 20~3, public hearing, interested parties r may submit written or electronic mall comments prior to the com- ~ ment deadline. Oral and written , statements will be accepted at , the hearing, but written'com- 'ments are preferred in the Inter- ' 

( est of accuracy. Written com- ments should be mailed to Mike ' 

Bates Air Division, Arkansas Oepartm'ent of Environmental Quality 5301 Northshore Drive, North , Little Rock, AR 72118. Electronic 

mall comments should be sent to: 

bates@adeQ.state.ar.us. Written or E-mail comments must be re- celveH by 4:30 p.m. (Central 

TIme) October 28, 2013, in order 

to be considered. 

In the event of inclement 

weather or other unforeseen circumstances, a decision may be , made to postpone the hearing. If 

the hearing is postponed ~nd r~­

scheduled, a new. legal notice Will 

be published to announce the 

details of the new hearing date 

and comment period. Pending any comments re- ceived Arkansas will submit this 

SIP revision to EPA in order to 

detail how Arkansas has in place : the necessary elements to in- clude PALs in PSD permits. Copies of Arkansas's proposed 

'. SIP revision are available for pub- . IIc Inspection during normal busi- ness hours at the Public Outreach 

and Assistance (PDA) Division In 

the ADEQ headquarters building In 

North Little Rock and in ADEQ information depositories located in public libraries at Arkadelphia, 

Batesville, Blytheville, Camden, Clinton, Crossett, EI Dorado, Fay- etteville, Forrest City, Fort Smith, Harrison, Helena, Hope, Hot 

Springs, Jonesboro, Little Rock 

(main branch), Magnolia, Mena, 

Monticello, Mountain Home, Poc- , ahontas, Russellville, Searcy, , Stuttgart, Texarkana, and West . Memphis; in campus libraries. at 

the University of Arkansas at Pme 

Bluff and the University of Central 

Arkansas at Conway; and in the 

Arkansas State Library, 900 W. capitol, Suite 100, Litt1e Rock, AR . 

\ 

\ 

\ 

. In addition, an electronic copy of 

the Arkansas's-proposed.5lP..reiV'·=---- ----1 

sion Is available for viewing or downloading on ADEQ's Internet 

web site at , http://wwW.adeq.state.ar.usiair/9 

hg slp-pn.htrn. 

Published September 12, 2013, Teresa Marks, Director, 

Arkansas Department of Envirom)1ental Quality 

722340391 
 

 Fiscal Screen Shot 1: Newspaper Publishing Charge Fiscal Screen Shot 2: Payment Date, 09/16/13 
 Fiscal Screen Shot 3: Details of Payment for Ad Published 09/12/13 
Name 

Please Print Legibly 

2.. y \~ 'd Dv ~ 

ARKANSAS DEPARTMENT OF 

ENVIRONI\1ENTAL QUALITY 

HEARIN(;/MI-:I :TIN(i RI :(iISTRATI()N 

Address 

Street City State Zip 

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VI, , )~, Pt> (~ L I.. - 1-/e,.(ffr.'1 ~{t,CE'vPublic hearing/meeting on: s: / f Q ~ J \j I ~3 - PAL s 

Location: (('0 t:&' "- tV L r..... 

Date: I f> /1 C( (, 3 

Page _~ of ~/ 
RESPONSIVE SUMMARY FOR STATE IMPLEMENTATION PLAN REVISION TO 

INCLUDE PLANTWIDE APPLICABILITY LIMITS 

Pursuant to Arkansas Code Annotated § 8-4-202(d)(4)(C) and Regulation No. 8.815, a 

responsive summary groups public comments into similar categories and explains why the 

Arkansas Pollution Control and Ecology Commission ("Commission") accepts or rejects the 

rationale for each category. 

On June 28, 2013, the Arkansas Department of Environmental Quality ("ADEQ") filed 

with the Commission a Petition to Adopt Rulemaking to Amend Regulation No. 19, Regulations 

of the Arkansas Plan of Implementation for Air Pollution Control. Subsequently, ADEQ 

prepared a State Implementation Plan ("SIP") revision related to the rulemaking, which included 

Plantwide Applicability Limits. 

On October 14, 2013, ADEQ Program Support Assistant Chief, Mike Porta, acted as 

Hearing Officer and conducted a public hearing for SIP revisions. The public comment period 

ended October 28,2013. ADEQ received no comments during the comment period. 

Conclusion: 

No comments were received pertaining to this SIP revision; therefore, revisions to the final 

document are not necessary. 

By: 

Prepared by: 

Arkansas Department of 

Environmental Quality 

U~ 

Mike Bates, Chief, Air Division 

Page 1 of 1 
Affidavit Regarding Arkansas's State Implementation Plan (SIP): 

Public Hearing for Revision to include Plantwide Applicability Limits (PALs) 

Before me, the undersigned authority, personally appeared Mike Bates, who, being by me duly 

sworn, deposed as follows: 

My name is Mike Bates, I am of sound mind, capable of making this affidavit, 

and personally acquainted with the facts herein stated: 

I am the Division Chief for the Air Division of the Arkansas Department of 

Environmental Quality (ADEQ) in its regular course of business, and I am 

familiar with the public participation process for Arkansas's SIP. 

I attest that a Public Hearing was publicly noticed September 12,2013, and held 

at the ADEQ Headquarters at 2:00 p.m., on October 14,2013. No comments 

were received at the Hearing or at any time during the public comment period, 

which ended October 18,2013, at 4:30 p.m. A transcript of the Hearing is 

included as part of the record for Arkansas's proposed SIP revision for PALs. 

Affiant: 

Mike Bates, Air Division Chief 

Arkansas Department of Environmental Quality 

SWORN AND SUBSCRIBED before me, on thed~ 4 day of n~ 2013: 

( / 

My Commission expires: 

County 

PATRICIA GOFF 

SAUNE COUNlV 

NOTARY PUBUC -ARKANSAS 

My CommiIIion Expirea MayZl. 2017 

Commlsalon No. 12380524 

Notary's Printed Name 
Transcript of Public Hearing for Arkansas’s State Implementation Plan (SIP): 

Plantwide Applicability Limits Revision 

“Today is October 14, 2013, and we are here in the Commission Room of the Arkansas Pollution Control 

and Ecology Commission at the Arkansas Department of Environmental Quality [headquarters building] 

for a public hearing on the SIP. 

We are making SIP revisions in order to implement EPA’s final rule on the Prevention of Significant 

Deterioration and Title V Greenhouse Gas Tailoring Rule Step 3, Plantwide Applicability Limits. We are 

providing an opportunity to comment on these; we are having a hearing here this afternoon and the 

comment period shall remain open until 4:30 p.m., on October 28, 2013. After the comment period ends, 

[the state] will be submitting the final document to EPA for their approval. Copies of the SIP are 

available here and have been submitted to libraries throughout the state for review. 

At this time, we will accept comments from the audience. Is there anyone who wishes to comment from 

the audience? [No response from those present] 

Seeing no one wishing to comment, we will close the hearing and we remind everyone that the comment 

period will remain open until 4:30 p.m., on October 28, 2013. Thank you very much for your 

attendance.” —Mike Porta, Hearing Officer 
Tab I: 

State Requirements for State 

Implementation Plan Development 
State Requirements: State Implementation Plan Development 

Under Ark. Code Ann. §§ 8-4-317(b)(1)(C)(i) and (ii), in developing and implementing a state 

implementation plan, the Arkansas Department of Environmental Quality shall include a written 

explanation of the rationale for the proposal, demonstrating the reasoned consideration of the 

factors in exercising powers as defined in Ark. Code Ann. § 8-4-312 as applicable. 

The major changes adopted in Regulation No. 19 included EPA’s final rule “Prevention of 

Significant Deterioration and Title V Greenhouse Gas [“GHG”] Tailoring Rule Step 3 and GHG 

Plantwide Applicability Limits [“PALs”]” to implement PALs for GHG emission sources in 

Arkansas. The regulatory amendments related to the SIP involved: 

a) Revision of Arkansas Pollution Control and Ecology Commission (“APC&EC”) 

Reg. 19.904(A)(1) to incorporate 40 C.F.R. § 52.21(aa), the section within the Code 

of Federal Regulations where the GHG PALs federal language is located, and the preexisting paragraph (A)(1) is renumbered as (A)(2); 

b) Addition of largely verbatim language from GHG PALs federal language found at 40 

C.F.R. § 52.21(b)(49)(i) to APC&EC Reg. 19.904(G)(1), subparagraphs (a), (b), and 

(c); 

Arkansas state law and APC&EC Regulation No. 8 provide the administrative procedure to 

initiate rulemaking and are designed to ensure public notice and comment requirements are met. 

Both the rulemaking and SIP development process must ensure that the public has the 

opportunity to review proposed changes, provide comment, and that any legal challenges to the 

amended regulations can be properly answered. Based on the state law and procedures, 

APC&EC cannot adopt prospective federal regulations by reference into state regulations 

because such adoption does not adhere to public notice and comment provisions. 

In 1995, the Arkansas Attorney General issued an opinion which specifically addresses adopting 

future legislation, rules, regulations or amendments by reference (“prospective rulemaking”). 

The opinion states that doing so would run afoul of the constitutional separation of powers 

doctrine. Ark. Const. art. 4, §§ 1 and 2. The Attorney General opined: 

It is generally stated, pursuant to this doctrine, that the legislature may confer discretion 

in the administration of the law. It may not, however, delegate the exercise of its 

discretion as to what the law shall be. 16 C.J.S. Constitutional Law § 137 (1984). The 

latter form of delegation constitutes an unlawful delegation of legislative authority, and 

has been held to preclude legislative attempts to adopt by reference future legislation, 
Arkansas State Implementation Plan Revision 

State Requirements: SIP Development 

2 of 2

rules, regulations or amendments to existing regulations.1 See generally Cheney v. St. 

Louis Southwestern Railway Co., 239 Ark. 870, 394 S.W.2d 731 (1965) (rejecting as 

unconstitutional that part of the Income Tax Law of 1929 under which certain corporate 

tax liability was to be based upon a formula subject to prospective federal legislation or 

administrative rules); City of Warren v. State Construction Code Commission, 66 Mich. 

App. 493, 239 N.W.2d 640 (1976) (stating that while the legislature clearly may 

incorporate by reference existing statutes, it cannot adopt by reference future legislation, 

rules, or regulations which are subsequently enacted or promulgated by another sovereign 

authority).

In the language found at 40 C.F.R. § 52.21(b)(49), prospective rulemaking is entwined in the 

federal definition of “subject to regulation,” which makes pollution standards effective at the 

state level as of the effective federal date.2

 Because standards are often finalized at the federal 

level years before regulations are adjusted at the state level, the federal language found at 40 

C.F.R. § 52.21(b) cannot be incorporated verbatim into APC&EC regulations. The Arkansas 

Attorney General’s opinion clearly prohibits incorporating by reference future legislation, rules, 

regulations, or amendments. 

Including federal PALs revisions in APC&EC Regulation No. 19 through a verbatim 

incorporation of the federal rule was impossible because of the multiple citations in the federal 

PALs rule which refer back to 40 C.F.R. § 52.21(b)(49). 3

 Therefore, language was inserted 

verbatim from the federal rule as was legally feasible, and further rationale for this rulemaking is 

absolved under Ark. Code Ann. § 8-4-317(b)(1)(C)(ii). 

The APC&EC will hold a public hearing and provide a 30-day public comment period to afford 

any interested party the opportunity to submit comments on the proposed state implementation 

plan submittal in its entirety as required under Ark. Code Ann. §§ 8-4-317(b)(1)(A) and (B). 

 

1

 The desire for uniformity of federal-state regulation has led to states’ adoption in some instances of existing federal 

legislative policies and prospective administrative determinations thereunder. See State v. Hotel Bar Foods, Inc., 18 

N.J. 115, 112 A.2d 726, 732 (1955) (stating that “there are reasoned decisions which tend to support the view ... that 

a state legislature, in dealing with [a matter that is] properly subject to extensive federal regulation, may 

constitutionally provide that its administrator’s regulations shall be brought into conformity with pertinent federal 

regulations as they are duly promulgated and amended from time to time.”) 

2

 40 C.F.R. § 52.21(b) “(49) Subject to regulation means, for any air pollutant, that the pollutant is subject to either a 

provision in the Clean Air Act, or a nationally-applicable regulation codified by the Administrator in subchapter C 

of this chapter, that requires actual control of the quantity of emissions of that pollutant, and that such a control 

requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant 

released from the regulated activity.”

3

 Federal Register Volume 77, Number 134 (Thursday, July 12, 2012) Pages 41051-41075