# STATE OF ARIWSAS



# ~'IIICE 

# BEEBE

GO\ ERN(.)R



# September 16, 2009

Lawrence Starfield, Acting Regional Administrator

United States EPA, Region VI

1445 Ross Avenue, Suite 1200

Dallas, TX 75202-2733

Dear Mr. Starfield:

The Arkansas Department of Environmental Quality (ADEQ) is pleased to submit

this document in response to the requirements found in Sections 

# 11 O(a)(l) and (2) of the

Clean Air Act (CAA). This document certifies to the United States Environmental

Protection Agency (EPA) that Arkansas fully complies with the requirements of CAA

Sections 

# 1 lO(a)(l) and (2). This State Implementation Plan (SIP) certification confirms

that all implementation, maintenance, and enforcement measures, related to the 2006

National Ambient Air Quality Standards (NAAQS) revisions for particulate matter less

than 2.5 micrometers in diameter (PM2 j), are in place in Arkansas.

This SIP certification became necessary when the EPA finalized a new 24-hour

PM2.j NAAQS in September of 2006 (7 

# 1 FR 6 

# 1 144), making "infrastructure" SIPs due to

the EPA within three years from the signature date of the new NAAQS.

ADEQ has evaluated the existing SIP for implementation of the 2006 PMz j



# NAAQS to determine if it includes all the necessary requirements of CAA Sections 110

(a)(l) and (2). Consistent with the guidance provided to the Regional Air Division

Directors from William T. Harnett, Director, Air Qualily Policy Division on October 2,

2007, if existing SIPs for PM2 j 

# already meet the infrastructure element requirements,

states may certify that their SIPs meet the requirements, instead of submitting a revised

SIP for the PM2 j 

# NAAQS.

ADEQ has evaluated the PM2 j 

# provisions of the SIP for consistency with federal

requirements, and has determined that the SIP provisions, which are currently approved

or are awaiting EPA approval, are consistent with federal requirements. Therefore, the

State of Arkansas concludes and cer~ifies that our SIP does meet the requirements of

CAA 

# Sections 110(a)(l) and (2).

# Arkansas's SIP is codified in 

# 40 CFR Part 52, Subpart E, as indicated in the

enclosed 

# Fine Particulate Matter (PM2 j) 

# State Implementation Plan (SIP) Submittal

Criteria Completeness Checklist. The information in this document demonstrates that

Arkansas sources do not significantly contribute to the interstate transport of pollutants

that impact nonattainment in, or interfere with maintenance by, any other state with

respect to the 2006 PM2 IVAAQS, and demonstrates that Arkansas meets the required

prevention of significant deterioration of air quality and protection of visibility provisions

. 

# of the law.

If you have any questions concerning this submittal, please contact ADEQ Air

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

your consideration of ADEQ's submission.

MB:jb

EnclosureAttachment- Fine Particulate Matter (PM2.5) State Implementation Plan (SIP) Submittal Criteria Completeness Checklist1Submitted by: Arkansas Department of Environmental QualityDate Submitted: September 16, 2009Subject: Confirmation/Statusof110(a)(2)(A)-(M) SIP Infrastructure Requirements of the 2006 PM2.5National Ambient Air QualityStandards RevisionThe federally enforceable SIP for Arkansas is compiled in 40CFR Part 52 Subpart E Section 52.170. The requirements of Sections110(a)(2)(A)-(M)of the Clean Air Act (CAA) relevant to PM2.5National Ambient Air Quality Standards (NAAQS) are already contained inthe current SIP or SIPrevisions which have been submitted to, but not yet approved, byU. S. Environmental Protection Agency (EPA). The following table summarizeswhere and how the requirements of Sections 110(a)(2)(A)-(M) are addressed.Section 110(a)ElementSummary of ElementProvisions in the Current Arkansas SIP or Recent SIP Revision Submittals§110(a)(2)(A)Emission limits &other controlmeasuresinclude enforceable emission limitations andother control measures, means or techniques(including economic incentives such as fees,marketable permits, and auctions of emissionsrights), as well as schedules and timetables forcompliance as may be necessary or appropriateto meet the applicable requirements of this Act.Arkansas’s enforceable emission limitations andother control measures are covered in theArkansas Water and Air Pollution Control Act, Arkansas Code Annotated (A.C.A.) § 8-4-101 etseq., and those provisions of the Arkansas Pollution Control and Ecology Commission’sRegulation 19, Regulations of the Arkansas Plan of Implementation for Air Pollution Controllisted in 40 CFR 52.170.The regulations in the Arkansas Pollution Control and Ecology Commission’s Regulation 19,Regulations of the Arkansas Plan of Implementation for Air Pollution Control, are duly adoptedby the Arkansas Pollution Control and Ecology Commission. Where these provisions relate tosection 110 requirements, SIP revisions have been submitted to and approved by EPA. EPAapproved SIP revisions are codified at 40 CFRPart 52, Subpart E. Arkansas has an EPAapproved air permitting program for both major andminor facilities, which ensures that allapplicable requirements are included in the facility permit.§110(a)(2)(B)Ambient airquality monitoring& data analysissystemprovide for establishment and operation ofappropriate devices, methods, systems andprocedures necessary to monitor, compile andanalyze data on ambient air quality, and uponrequest, make such data available to theAdministrator;The Arkansas Pollution Control and Ecology Commission’s Regulation Number 19, Regulationsof the Arkansas Plan of Implementation forAir Pollution Control, Reg.19.302 grants theArkansas Department of Environmental Quality (ADEQ) responsibility for ambient air monitoringas a precaution to prevent the NAAQS from being exceeded.A.C.A. § 8-1-202 grants the ADEQDirector authority to provide technical and legal expertise andassistance in the field of environmental protection.A.C.A. § 8-4-311(a)(3) empowers ADEQ toencourage and conduct studies, investigations, and research relating to air pollution and itscauses, prevention, control, and abatement.Attachment- Fine Particulate Matter (PM2.5) State Implementation Plan (SIP) Submittal Criteria Completeness Checklist2Section 110(a)ElementSummary of ElementProvisions in the Current Arkansas SIP or Recent SIP Revision Submittals§110(a)(2)(C)Program toenforce controlmeasures, regulatemodification &construction ofstationary sourcesand a permitprograminclude a program to provide for theenforcement of themeasures described in subparagraph (A) andregulation of the modification and construction ofany stationary source within the areas coveredby the plan as necessary to assure that nationalambient air quality standards are achieved,including a permit program as required in partsC and D;Chapter 4, Minor Source Review, of the Arkansas Pollution Control and Ecology Commission’sRegulation 19, Regulations of the Arkansas Plan of Implementation for Air Pollution Controldescribes the regulation of the operation, modification and construction of stationary sources.Chapter 9, Prevention of Significant Deterioration, of the Arkansas Pollution Control and EcologyCommission’s Regulation 19, Regulations of the Arkansas Plan of Implementation for AirPollution Control concerns authority for enforcement of regulations governing the prevention ofsignificant deterioration of air quality and regulations governing the protection of visibility inmandatory federal Class I Areas.A.C.A. § 8-4-203(a)1) authorizes ADEQ to issue,continue in effect, revoke, modify, or denypermits to prevent, control, or abate pollution.A.C.A. § 8-4-311(a)(1) empowers ADEQ todevelop and effectuate a comprehensive program forthe prevention and control of all sources ofpollution of the air; A.C.A. § 8-4-311(a)(7)empowers ADEQ to administer and enforce all lawsand regulations relating to pollution of the air;A.C.A. § 8-4-311(a)(10) empowers ADEQ to make,issue, modify, revoke, and enforce orders prohibiting, controlling or abating air pollution andrequiring the adoption of remedial measuresto prevent, control, or abate air pollution.§110(a)(2)(D)Interstatetransport andinterstate &internationalpollutionabatementcontain adequate provisions—(i) prohibiting, consistent with the provisions ofthis title, any source or other type of emissionsactivity within the state from emitting any airpollutant in amounts which will--(I) contribute significantly to nonattainment in,or interfere with maintenance by, any other statewith respect to any such national primary orsecondary ambient air quality standard, or(II) interfere with measures required to beincluded in the applicable implementation planfor any other State under part C to preventsignificant deterioration of air quality or toprotect visibility,(ii) insuring compliance with the applicablerequirements of sections 126 and 115 (relatingto interstate and international pollutionabatement);Arkansas has adopted, and EPA approved the Arkansas Pollution Control and EcologyCommission’s Regulation 19, Regulations of the Arkansas Plan of Implementation for AirPollution Control, Chapter 14 (72 FR 54556), andis in the process of submitting additionalrequirements related to the federal Clean Air Interstate Rule. A SIP revision pertaining only to§110(a)(2)(D)(i) is being submitted separately. Arkansas is not currently subject to requirementsunder Section 115 and Section 126.A.C.A. § 8-4-311(a)(2) authorizesADEQ to advise, consult, and cooperate with other agencies ofthe state, political subdivisions, industries, other states, the federal government, and withaffected groups to control or abate air pollution and to prevent new air pollution.A.C.A. § 8-4-311(a)(8) authorizesADEQ to represent the state inall matters pertaining to theplans, procedures, or negotiations for interstatecompacts in relation to air pollution control.§110(a)(2)(E)(i)Adequatepersonnel, fundingand authority tocarry out planprovide (i) necessary assurances that the state(or, except where the Administrator deemsinappropriate, the general purpose localgovernment or governments, or a regionalagency designated by the state or generalpurpose local governments for such purpose)will have adequate personnel, funding, andA.C.A. § 8-1-103 grants the Arkansas PollutionControl and Ecology Commission the authority toestablish, by regulation, reasonable fees for initial issuance, annual review and modification ofpermits. ADEQ is authorized to collect the fees established by the Commission and shall denythe issuance of an initial permit, a renewal permit, or a modification permit if and when a facilityfails or refuses to pay the fees after reasonable notice.A.C.A. § 8-1-202 statesthat the Director of the ADEQ’sduties include the day-to-dayAttachment- Fine Particulate Matter (PM2.5) State Implementation Plan (SIP) Submittal Criteria Completeness Checklist3Section 110(a)ElementSummary of ElementProvisions in the Current Arkansas SIP or Recent SIP Revision Submittalsauthority under state (and,as appropriate, local)law to carry out suchimplementation plan (andis not prohibited by any provision of federal orstate law from carryingout such implementationplan or portion thereof);administration of all activities that the department is empowered bylaw to perform, including, butnot limited to, the employment and supervision ofsuch technical, legal,and administrative staff,within approved appropriations, as is necessary tocarry out the responsibilities vested with thedepartment.The Arkansas Pollution Control and Ecology Commission Regulation 9, Fee Regulation, Chapter5, Air Permit Fees, contains the air permit fees applicable to non-part 70 permits, part 70 permitsand general permits.§110(a)(2)(E)(ii)Comply with stateboards(ii) requirements that the state comply with therequirements respecting state boards undersection 128,The requirements of §110(a)(2)(E)(ii) are not applicable because permit and enforcement ordersare issued directly by ADEQ, not state boards or commissions.§110(a)(2)(E)(iii)Oversee local ®ionalgov/agencies(iii) necessary assurances that, where the statehas relied on a local or regional government,agency, or instrumentality for the implementationof any plan provision,the state has responsibilityfor ensuring adequate implementation of suchplan provision; oversee local and regionalgov/agenciesThe requirements of §110(a)(2)(E)(iii) are not applicable to Arkansas because it does not rely onlocalities for specific SIP implementation.§110(a)(2)(F)Stationary sourceemissionsmonitoring andreporting systemrequire, as may be prescribed by theAdministrator—(i) the installation, maintenance, andreplacement of equipment, and theimplementation of othernecessary steps byowners or operators of stationary sources tomonitor emissions from such sources,(ii) periodic reports on the nature and amountsof emissions and emissions-related data fromsuch sources, and(iii) correlation of such reports by the stateagency with any emission limitations orstandards established pursuant to this Act, whichreports shall be available at reasonable times forpublic inspection;Regulatory requirements have been codified in the Arkansas Pollution Control and EcologyCommission’s Regulation 19, Regulations of the Arkansas Plan of Implementation for AirPollution Control, Chapter 7 (pertaining to sampling and testing).Requirements in Chapter 7, Reg.19.705 provide for the reporting of emissions inventories in aformat established by the ADEQ on a schedule set forth in the section.In addition, Reg.19.705requires the submission of emissionstatements as required by the CAA.Area, mobile, and non-road data are reported on a three year cycle.Enforceable emission limitations and other control measures are covered in the Arkansas Waterand Air Pollution Control Act and those provisionsof A.C.A 8-4-310 and 8-4-311. Elements ofthe program for enforcement are found inthe monitoring, recordkeeping and reportingrequirements for sources in these control measures as well as individual SIP permits.§110(a)(2)(G)Authority todeclare airpollutionemergency andnotify publicprovide for authority comparable to that insection 303 and adequate contingency plans toimplement such authority;A.C.A. § 8-1-202(b)(2)(C) empowers ADEQto issue orders under circumstances thatreasonably require emergency measures to be taken to protect the environment or the publichealth and safety. The Arkansas PollutionControl and Ecology Commission Regulation 8,Administrative Procedures, Reg.8.502 requiresADEQ to publish a Notice of Emergency Order ina newspaper covering the affected area, or in a newspaper of statewide circulation. The noticemust contain a description of the action, ADEQ’s authority for taking the action and otherinformation to assure the public is informed about the action.A.C.A. § 8-4-202(e)(1) empowersthe Arkansas Pollution Control and Ecology Commission toAttachment- Fine Particulate Matter (PM2.5) State Implementation Plan (SIP) Submittal Criteria Completeness Checklist4Section 110(a)ElementSummary of ElementProvisions in the Current Arkansas SIP or Recent SIP Revision Submittalsdeclare an emergency and implement emergency rules, regulations, suspensions, or moratoriaon categories or types of permits if the Commission determines that imminent peril to the publichealth, safety, or welfare requires immediate change in the rules or immediate suspension ormoratorium on categoriesor types of permits.The Arkansas Pollution Control and EcologyCommission’s Regulation 8, AdministrativeProcedures, Reg.8.807 authorizesthe Commission to waive or reduce the notice requirements incases involving emergency rulemaking. No emergency rule shall be effective for more than onehundred eighty (180) days.§110(a)(2)(H)Future SIPrevisionsprovide for revision of such plan(i) from time to time as may be necessary totake account of revisions of such nationalprimary or secondary ambient air qualitystandard or the availability of improved or moreexpeditious methods of attaining such standard,and(ii) except as provided in paragraph (3)(C),whenever the Administrator finds on the basis ofinformation available to the Administrator thatthe plan is substantially inadequate to attain thenational ambient air quality standard which itimplements, or to otherwise comply with anyadditional requirements established under thisAct;The Arkansas Pollution Control and Ecology Commission’s Regulation 19, Regulations of theArkansas Plan of Implementation for Air Pollution Control, Chapter 1, provides a cleardelineation of those regulationsthat are promulgated by the Commission in satisfaction of certainrequirements of the CAA.A.C.A. § 8-4-311(a)(7) empowers ADEQ to administer and enforce all laws and regulationsrelating to pollution of the air.A.C.A. § 8-4-202(d)(4)(A) authorizes the Arkansas Pollution Control and Ecology Commission torefer to the Code of Federal Regulations forany Commission standard or regulation that isidentical to a regulation promulgated by the United States Environmental Protection Agency.§110(a)(2)(I)Nonattainmentareas (interstatetransport)in the case of a plan or plan revision for an areadesignated as a nonattainment area, meet theapplicable requirements of part D (relating tononattainment areas);The Arkansas Pollution Control and Ecology Commission’s Regulation 31, Nonattainment NewSource Review Requirements, covers the requirements of part D for nonattainment areas.Amendments to these requirements to fulfill federalrequirements were submitted to EPA on July3, 2006. EPA approved this submission on April 12, 2007, (72 FR 18394), and it becameeffective on May 14, 2007. In preparing SIPsunder Part D, Arkansas complies with allapplicable requirements for each nonattainmentarea under sections 110, 172(c), and 175(A)and subpart 2 to Part D. In addition, Arkansas complies with planning procedures under Section174. EPA approved all SIPs required under the one-hour ozone standard, indicating fullcompliance with requirements for classified areas under subpart 2 to Part D; compliance underthe PM2.5standard will be evaluated with submittedSIPs for each area. The SIP revisionsrelated to nonattainment areas will continue to comply with Subpart D requirements, asapplicable, and the currently approved nonattainment area SIP provisions listed in 40 CFR52.170 which could not have been approved if theyhad not met Subpart D requirements. Theseinclude: The Arkansas Pollution Control and Ecology Commission’s Regulation 19, Regulationsof the Arkansas Plan of Implementation for AirPollution Control, Chapter 13 and The ArkansasPollution Control and Ecology Commission’s Regulation 31, Nonattainment New Source ReviewRequirements.Attachment- Fine Particulate Matter (PM2.5) State Implementation Plan (SIP) Submittal Criteria Completeness Checklist5Section 110(a)ElementSummary of ElementProvisions in the Current Arkansas SIP or Recent SIP Revision Submittals§110(a)(2)(J)(§ 121consultation)meet the applicable requirements of section 121(relating toconsultation),Arkansas has incorporated by reference into the Arkansas Pollution Control and EcologyCommission’s Regulation 19, Regulations of the Arkansas Plan of Implementation for AirPollution Control, Chapter 9, the requirements in 40 CFR 52 under section 161 of the CAA (42U.S.C.A. § 7471) for prevention of significant deterioration of air quality in their entirety, with theexception of 40 CFR 52.21(b)(2)(iii)(a), 40 CFR 52.21(b)(55-58),40 CFR 52.21(i) and 40 CFR52.21(cc) . These provisions wereapproved by EPA as part of the SIP.§110(a)(2)(J)(Section 127publicnotification)meet the applicable requirements of... section127 (relating to public notification)The public is notified of concentration’s thatexceed the NAAQS from the ADEQ website(www.adeq.state.ar.us) that contains hourly concentrations of PM2.5taken from monitoring sitesthroughout the state. These monitoring sites also upload data to EPA’s AirNow website, whichprovides data to the public.§110(a)(2)(J)PSD & visibilityprotectionmeet the applicable requirements of ... part C(relating to prevention of significant deteriorationof air quality and visibility protectionADEQ is using PM10as a surrogate for PM2.5until EPA establishes the necessary tools toevaluate PM2.5under the Prevention of Significant Deterioration program.On September 17, 2008, ADEQ submitted a Regional Haze RuleSIP to EPA that is currentlyunder review.§110(a)(2)(K)Air qualitymodeling/dataprovide for:(i) the performance of such air qualitymodeling as the Administrator may prescribe forthe purpose of predicting the effect on ambientair quality of any emissions of any air pollutantfor which the Administrator has established anational ambient air quality standard, and(ii) the submission, upon request, of datarelated to such air quality modeling to theAdministrator;Arkansas has submitted the Emissions Inventory SIP revision pertaining to Crittenden Countyduring calendar years 2006 and 2007. Theseplans submitted the necessary modeling whererequired. The status of this SIP revision is below:The Emissions Inventory SIP for CrittendenCounty was submitted to EPA and approved onJanuary 15, 2009.§110(a)(2)(L)Major Stationarysource permittingfeesrequire the owner or operator of each majorstationary source to pay to the permittingauthority, as a condition of any permit requiredunder this Act, a fee sufficient to cover—(i) the reasonable costs of reviewing andacting upon any application for such a permit,and(ii) if the owner or operator receives a permitfor such source, the reasonable costs ofimplementing and enforcing the terms andconditions of any such permit (not including anycourt costs or other costs associated with anyenforcement action), untilsuch fee requirementis superseded with respect to such sources bythe Administrator's approval of a fee programunder title V;The fee requirements of the Arkansas PollutionControl and Ecology Commission’s Regulation26, Regulations of the ArkansasOperating Air Permit Program, Chapter 11, were approved byEPA as meeting the CAA requirements and were incorporated into Arkansas’s SIP. Arkansas’sTitle V operating permit program in Chapter 11, was approved October 9, 2001.The Arkansas Pollution Control and Ecology Commission Regulation 9, Fee Regulation, Chapter5, Air Permit Fees, contains the air permit fees applicable to non-part 70 permits, part 70 permitsand general permits.Attachment- Fine Particulate Matter (PM2.5) State Implementation Plan (SIP) Submittal Criteria Completeness Checklist6Section 110(a)ElementSummary of ElementProvisions in the Current Arkansas SIP or Recent SIP Revision Submittals§110(a)(2)(M)Consultation/Participation byaffected localentitiesprovide for consultation and participation by localpolitical subdivisions affected by the planPursuant to the Arkansas Pollution Control and Ecology Commission’s Regulation Number 8,Administrative Procedures, Arkansas will continue to provide for consultation and participationfrom those affected by the SIP. (Reg.8.205 Public Notice of Permit Application; Reg.8.207Public Notice of Draft Permitting Decision; Reg.8.405 Public Notice of Notices of Violations andConsent Administrative Orders; and Reg.8.801 Public Notice of Rulemaking.)In addition, ADEQ participates in the Central Regional Air Planning Association, which is anorganization of states, tribes, federal agenciesand other interested parties concerned with airquality. Through these interactions and public participation on rule and plan development, therequirements of 110(a)(2)(M) are fulfilled. Webelieve the public notice and hearing processesfulfill the requirements for consultation with local political subdivisions affected by the SIP.