ADEQ 

A R K A N S A S 

Department of Environmental Quality 

July 7, 2010 

Tom Diggs 

Associate Division Director for Air Programs 

6PD 

US EPA Region 6 

1445 Ross A venue, Suite 1200 

Dallas, TX 75202-2733 

RE: State Delegation of Section 112 Standards 

Dear Mr. Diggs: 

RECEI\'ED- bPDL 

AIR PLMlHIHG SEC. 

1 I)JUL 12 P11 I: 07 

The delegation of the Maximum Available Control Technology (MACT) Standards promulgated 

at 40 CFR Part 63 has been a long standing issue between the Arkansas Department of 

Environmental Quality ( ADEQ) and EPA Region 6. The purpose of this letter is to request 

straight delegation of Clean Air Act (CAA) Section 112 air toxic standards, as further described 

below. 

ADEQ intends to implement the requested standards unchanged through our approved Title V 

Operating Permit Program. ADEQ does not seek delegation for area source standards that do not 

federally require obtaining a Title V (Part 70) operating permit nor do we seek delegation of 

CAA Section 112(r). 

Pursuant to 40 CFR 63.91, straight delegation for CAA Act 112 standards can be conferred to a 

state that intends to implement the federal standards "unchanged". The Arkansas Title V, 

Operating Permit Program, was approved by EPA with ail effective date of the latest revisions 

being November 8, 2004. The up-front approval criteria specified at 40 CFR 63.91(d)(3) is 

(interim or final) approval of the Title V program. Therefore, ADEQ submits that it has satisfied 

the criteria for straight delegation of CAA Section 112 standards as they apply to Part 70 (Title 

V) sources. The Arkansas Department of Environmental Quality (ADEQ) requests straight 

delegation for Part 63 General provisions as well as the specific standards as identified in 

Appendix A that are applicable to Part 70 sources. 

To facilitate this process and guide the ADEQ and EPA toward ultimate federal rulemaking 

pursuant to CAA Section 112(1)(5) delegating the implementation and enforcement of the 

requested standards to ADEQ, a draft Memorandum of Agreement is enclosed. The draft MOA 

addresses ADEQ's legal authority, resource adequacy and timely implementation ofthe CAA 

Section 112 standards as well as other matters relevant to delegation of the CAA Section 112 

standards. 

ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 

5301 NORTHSHORE DRIVE (NORTH liTTlE ROCK (ARKANSAS 72118-5317 I TELEPHONE 501-682-0744 I FAX 501-682-0880 

www.adeq.sfate.ar.us 
Tom Diggs 

July 7, 2010 

Page 2 of2 

We look forward to working with EPA to finalize this process. If you should any questions 

regarding this letter or enclosures, please feel free to contact me at 501-682-0750. 

Sincerely, 

Mike Bates 

Chief 

Air Division 

cc: Karen Bassett, Chief Deputy Director, ADEQ 

enclosure/attachment 
APPENDIX A 

Clean Air Act Section 112 (40 CFR Part 63) Standards 

' Included in ADEQ lnitital Delegation Request (July 201 O) 

. 40 CFR Part 63 

Subpart 

A 

8 

·F 

G 

H 

I 

J 

0 

Q 

R 

·s 

u· . w 

.• X 

y 

AA 

' 88 

cc 

DD 

EE 

TITLE 

i ;'tor Maior . 

illidust~ ·. 

~;: IU '""" 1,;n 

I Mfg.'lndust&'ror r ru~"~,;~ v<orag" Vessels lla,o•c; Operations & 

I L:eaks 

.leaks -·~ 

I 

eulp&'. . :·· 

poxy~ v-Lead 

1anKV 

i 

' . 

: . . . 

, o~=Hn,;:· 

i i I I i · 

···~-:.:·•.·. 

1 I :.BreakoUt. 

.. ·. 

: ... 

.. 

· ..... 

. 

GG · 

.. 'HH 

; raP< Mt~:r< ~-- ; · -. : 

'. I ~ .. 

"~•tonF I ;~c~ •. -~.-.. -.-•.. ----.-.. ----------.. ~ ... -.~,~~----~ 

II I ',..r~-;::e:coatTriOf 

JJ . IVVOOC. IMftrO . : .,. . ... ·. '·, ' 

KK' 

LL 

v: .<~-~ . :c:: ... ~ .· ... ~ .. :,· ... · .. ·.. " .:· . ' UOIISnln 

. 

MM 

·ii' .. -.=at Kraft,!'>:;;;;;:-Srilfite· ' . ' .. ,, -u""''. --.. ·:c.• ~•'-:'":' 

\ oo· anKs:... Levert · -: -~· .. ' 

PP ·. 

' QQ 

RR ' 

,1 7 .., •.•:- ; 8i f?n11Hn·n·tn a:Fuel Gas ''"' or 

ss ·'· 

TT ... · · .. 

uu 

' w 

.ww >tlanKsf-"''C' '2· 

yy •.Contror 1 

CCC ::>tee1 "- HCI :-&HCIAcid Pia~ 

DDD I ' c:-:. 

EEE us Waste Com I 

GGG "~Hnn 

HHH T1 i & 
APPENDIX A 

Ill Flexible Polyurethane Foam Production 

JJJ Group IV Polymers & Resins 

LLL Portland Cement Mfg Industry 

MMM Pesticide Active Ingredient Production 

NNN Wool Fiberglass Mfg 

000 Manufacture of Amino/Phenolic Resins 

PPP Polyether Polyols·Production 

QQQ Primary Copper Smelting 

vw Publicly Owned Treatment Works 

XXX Ferroalloys·Production: Ferromanganese & Silicomimgariese 

AAAA Municipal Solid Waste' Landfills 

ecce Manufacture of Nutritional Yeast 

DDDD Plywood & Composite Woo·d Products 

EEEE Organic Liqiuds Distribution (Non-Gasoline) 

FFFF Miscellaneous Organic Chemical MfQ 

GGGG Solvent Extraction for Vegetable Oil Production 

HHHH·· Wet-Formed Fiberglass Mat Production 

JJJJ Paper:&· other Web Coating' 

KKKK Surface Coating of Metal-Cans 

MMMM Surface CoatinQ-of,Miscellanecius Metal Parts & Products 

.NNNN Surface Coating of LargeAppliances· 

'0000. Printing, Coating, & Dyeing of Fabrics & Other Textiles 

pppp Surface Coating ofPiasticParts 

QQQQ· Surface Coating of Wood Building ProductS 

·RRRR Surface Coating of Metal Furniture 

ssss Surface Coating of-Metal Coil 

nn Leather Finishing Operations ,. 

uuuu Cellulose Products MfQ . ·. ; . 

vvw Boa!Mfg c 

WWWW· Reinforced Plastics Composites-Production .. •. 

'-xxxx Rubber Tire Mfg 

yyyy Stationary Combustion Turbines cc· ~· . 

. z:z:zz Stationary Reciprocating Internal Combustion Engines 

·AAAAA .; Lime Mimufacturing Plants-. 

;BBBBB ' Semieonductor Manufacturing . 

ccccc Coke Ovens 

DDDDD Industrial, Commerial, & Institutional Boilers & Process Heaters· 

EEEEE Iron & Steel Foundries 

GGGGG Site Remediation 

HHHHH Miscellaneous Coating. MfQ .. 

IIIII Mercury Emissions f()rfn Mercu,Y Cilll Chlcii;Aikali Plants 

KKKKK Clay Ceramics Mfg 

JJJJJ Brick & Structurai.Ciay Products Mfg 

LLLLL Asphalt Processing & Asphalt Roofing Mfg . 

MMMMM Flexible Polyurethane Foam Fabrication· Operations 

NNNNN HCI Acid Production 

PPPPP Engine Test .Cells/Stands 

QQQQQ Friction Material Mig Facilities 

RRRRR Taconite Iron Ore ProcessinQ 

sssss Refractory Products Mfg 

TTITT Primary Magnesium Refining 

yyyyy Electric Arc Furnace Steelmaking 
APPENDIX A 

FFFFEF Primary Copper Smelting 

Secondary Copper Smelting 

:I> Primary Nonferrous Metals-- Zinc, Cadmium, & Beryllium 

Ill Acrylic & Mbdarylic Fibers Production 

Cait>on Black Production 

Glass Manufacturing 
Memorandum of Agreement between the Arkansas Department of Environmental 

Quality and the U.S. Environmental Protection Agency, Region 6 

Regarding Section 112, Clean Air Act Implementation 

The purpose of this Memorandwn of Agreement (MOA) is to provide for a procedure to 

facilitate delegation by the United States Environmental Protection Agency (U.S. EPA) 

to the Arkansas Department of Environmental Quality (ADEQ) of authority to implement 

and enforce certain standards promulgated by U.S. EPA under Section 112 of the Clean 

Air Act, as amended, excluding 112(r). This MOA sets forth specific expectations and 

responsibilities of ADEQ and U.S. EPA, describes a formal procedure for delegating 

standards applicable to Title V sources, and describes a formal procedure for cooperative 

information sharing between ADEQ and U.S. EPA. ADEQ and U.S. EPA recognize that 

timely delegation of Section 112 responsibilities is vital to implementation of both the 

Title V and Section 112 programs. ADEQ and U.S. EPA affirm their commitment to an 

effective State/U.S. EPA partnership, and agree to review the MOA as the need arises. 

ADEQ has requested delegation of responsibilities for implementation and enforcement 

of selected emission standards and other requirements promulgated under Section 112 

through the process set out in this MOA. ADEQ has not requested and at this time does 

not intend to request delegation of the accidental release program under Section 112 (r) 

nor the standards applicable to areas sources not required to obtain a Title V permit. This 

MOA addresses only those provisions and responsibilities for which Arkansas has 

requested delegation. 

Background 

Section 112 requires U.S. EPA to develop National Emission Standards for Hazardous 

Air Pollutants (NESHAPs). Section 112(1) authorizes the U.S. EPA Administrator to 

delegate the authority for the implementation and enforcement of standards promulgated 

under Section 112 to 'any State that applies for such delegation and that can demonstrate 

that it has in place a program that meets the criteria set forth in Section 112(1) and its 

implementing regulations at 40 CFR § 63.91. The Administrator has delegated the 

authority to approve state programs to the Regional Administrators. 

The U.S. EPA has approved the Arkansas Title V, Operating Permit Program, with 

effective date of the latest revision being November 8, 2004. The ADEQ Operating 

Permit program incorporates New Source Review permitting within one permit ("Title 

V"). 

ADEQ will enforce Section 112 standards applicable to the Title V sources by including 

such Section 112 standards in Title V permits when they are issued or updated. Authority 

to implement and enforce future Section 112 standards will be delegated to ADEQ in 

accordance with this MOA. 
Policy Statement 

ADEQ and U.S. EPA hereby establish a process for delegation of responsibilities to 

implement this memorandum. ADEQ and U.S. EPA will presume delegation of Section 

112 standards which apply to major sources which subject the source to Title V 

permitting as promulgated by U.S. EPA unless ADEQ notifies U.S. EPA otherwise 

within 45 days of promulgation of such standard as specified in this agreement. Both 

ADEQ and U.S. EPA recognize that ADEQ's ability to implement and enforce a Section 

112 standard in a timely manner will depend upon its having access to information 

regarding such standard prior to the final promulgation of such standard. The delegation 

process must therefore be an interactive, information-sharing process that will begin prior 

to promulgation by U.S. EPA of the Section 112 standard to be delegated. 

ADEQ shall implement Section 112 standards pursuant to this MOA through the Title V 

permit. Pursuant to Arkansas Code Annotated §8-4-301 et seq., ADEQ has the authority 

to include Section 112 requirements in permits issued by ADEQ. ADEQ shall include 

applicable Section 112 requirements in Title V permits for existing sources and for new 

sources. 

The U.S. EPA shall retain responsibility for implementation and enforcement of any 

Section 112 standard for which ADEQ declines to accept implementation authority or has 

relinquished that authority. 

ADEQ and U.S. EPA agree to implement the following procedure~: 

I. Within 90 days of final signature of this MOA, the U.S. EPA shall send a 

Direct Final Rule and a Proposed Rule to the Office of Federal Register in 

regard to delegation of authority to ADEQ to implement and enforce Section 

112 standards. 

II. Sixty days prior to final promulgation of a Section 112 standard, U.S. EPA 

shall provide ADEQ with any information in its possession regarding 

Arkansas sources that may be subject to such standard. 

III. Following final promulgation by U.S. EPA of a Section 112 standard: 

A. U.S. EPA shall provide ADEQ with all applicable forms and other 

supporting resources, if available. 

B. U.S. EPA shall provide ADEQ with access to the applicable Maximum 

Achievable Control Technology ("MACT") database, if available. 

IV. The process for delegating implementation and enforcement authority 

following final promulgation by U.S. EPA of a Section 112 standard will be 

follows: 

2 
A. Implementation Authority. Upon final signature of this MOA, 

implementation authority is delegated as follows; 

1. ADEQ shall receive initial delegation upon the effective 

date of the federal rulemaking as addressed at I. above 

regarding this matter. The initial list of Section 112 

standard that are delegated to ADEQ are attached as 

Appendix A. 

2. U.S. EPA automatically delegates the authority to 

implement any future Section 112 standard, required to 

obtain a Title V permit upon the effective date of the 

promulgated standard. ADEQ shall implement the standard 

without change. If ADEQ does not intend to accept 

delegation of future standard, ADEQ will notify U.S. EPA 

in writing, within 45 days of the effective date of the 

promulgated standard. 

B. When a new Section 112 standard is promulgated that is applicable to a 

Title V source, ADEQ will incorporate the requirements of such 

standard into a Title V permit consistent with the time frame specified in 

the APC&EC Reg. No. 26.10 II for reopening and revising permits. 

Revisions to the Title V permits by ADEQ shall be made no later than 

the first compliance deadline of that standard. 

C. For the construction of a new source that will be subject to an existing 

Section 112 standard, ADEQ will incorporate the Section 112 

requirements into the applicable permit. 

D. For all existing sources subject to Section 112 standards that have 

already been promulgated, ADEQ shall incorporate the requirements of 

such standard into a Title V permit. ADEQ agrees to use its best efforts 

to issue all Title V permits for sources subject to 2,4,7, and existing 10-

year MACT standards by the end ofSFY 2011 (June 30, 2011). 

V. Timing and Scope of Delegation. ADEQ shall receive delegation of Section 

ll2 standards as set forth at N. A. above. Delegation shall include those 

provisions under 40 CFR §63.9l(g), as amended by 65 Federal Register 55810 

(September 14, 2000), and by any subsequent amendments thereto which are 

identified as Category I Authorities. 

VI. Relinquishing Delegation Authority. Upon written notification to U.S. EPA, 

ADEQ may relinquish the implementation or enforcement authority for a 

Section 112 standard or portion thereof. ADEQ relinquishment of delegated 

authority may include, but is not limited to: amendment of the standard by U.S. 

EPA; resource constraints; and changes in U.S. EPA policy or interpretation. 

3 
ADEQ shall provide EPA a reasonable period of time between the notice and 

the date that ADEQ relinquishes its delegation authority. 

VII. Enforcement Authority for Delegated Standards. Arkansas shall enforce the 

delegated Section 112 standards through the use of the Title V permit program 

and the enforcement authority provided to ADEQ by Arkansas law. 

VIII. ADEQ shall be responsible for implementing and enforcing delegated Section 

1!2 standards throughout the State of Arkansas. Such implementation and 

enforcement shall include, as appropriate: 

A. Distribution of initial notification forms provided by' U.S. EPA to 

potentially affected sources; 

B. Receiving initial notifications and compliance certifications from 

affected sources; 

C. Issuing or revising Title V permits for affected sources as needed to 

include Section 112 standards; 

D. Specifying Section 112 standards as the underlying authority for permit 

terms and conditions and assuring compliance with same through 

implementation of the Title V permit program for affected sources; 

E. Pursuing timely and appropriate enforcement actions, including the 

assessment of civil penalties, for violation of the Section 112 standards 

and the permits issued by ADEQ ; and 

F. ADEQ shall renew the Title V permits in a timely manner so as not to 

allow any time period during which a source subject to a Section 112 

standard will be without a permit containing the requirements of the 

Section 112 standard. ADEQ shall immediately notify U.S. EPA in the 

event that ADEQ is not able to timely reissue a Title V permit. 

IX. Following delegation of enforcement authority to ADEQ by U.S. EPA, 

nothing in this MOA or in any delegation of NESHAP standards or 

requirements shall prohibit U.S. EPA from enforcing any applicable 

emission standard or requirement under Section 112. 

X. ADEQ will obtain concurrence from U.S. EPA on any matter involving 

the interpretation of Section 112 of the CAA or 40 CFR Part 61 and 63 to 

the extent that interpretation, administration or enforcement by these 

sections have not been covered by EPA determination or guidance. 

XI. Within 90 days of the effective date of this agreement U.S. EPA Region 6 

shall submit to ADEQ, in electronic format, a copy of each report, 

4 
notification, or written request that has been submitted to Region 6 by a 

facility in Arkansas in accordance with a Section 112 requirement. U.S. 

EPA shall also submit to ADEQ within 90 days of the effective date of 

this agreement a copy of any written response made by U.S. EPA to 

aformentioned reports, notifications, or written requests. 

The above agreement is effective upon the date the last signature required by this 

document is affixed. Any modifications of this document shall be made in writing only 

and upon approval by the U.S. EPA and ADEQ. Nothing in this agreement shall be 

construed to restrict in any way the authority of the U.S. EPA or ADEQ to fulfill their 

respective responsibilities under State and/or Federal law. 

AI Armendariz, Regional Administrator 

U.S. EPA Region 6 

Date: 

Teresa Marks, Director 

ADEQ 

Date: 

5