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 

Enclosure 
Attachment- Fine Particulate Matter (PM2.5) State Implementation Plan (SIP) Submittal Criteria Comp

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Submitted by: Arkansas Department of Environmental Quality Date Submitted: September 16, 2009 Subject: Confirmation/Status of 110(a)(2)(A)-(M) SIP Infrastructure Requirements of the 2006 PM2.5 Nati

Standards Revision 

The federally enforceable SIP for Arkansas is compiled in 40 CFR Part 52 Subpart E Section 52.170. The requirements of the Clean Air Act (CAA) relevant to PM2.5 National Ambient Air Quality Standards (NAAQS) are already contained 

revisions which have been submitted to, but not yet approved, by U. S. Environmental Protection Agency (EPA). The fowhere and how the requirements of Sections 110(a)(2)(A)-(M) are addressed. 

Section 110(a) Element 

Summary of Element Provisions in the Current Arkansas SIP or Recent SIP 

§110(a)(2)(A) Emission limits & other control measures

include enforceable emission limitations and other control measures, means or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance as may be necessary or appropriate to meet the applicable requirements of this Act.

Arkansas’s enforceable emission limitations and other control meArkansas Water and Air Pollution Control Act, Arkansas Code Anseq., and those provisions of the Arkansas Pollution Control and Regulation 19, Regulations of the Arkansas Plan of Implementatilisted in 40 CFR 52.170. The regulations in the Arkansas Pollution Control and Ecology CoRegulations of the Arkansas Plan of Implementation for Air Pollutby the Arkansas Pollution Control and Ecology Commission. Whsection 110 requirements, SIP revisions have been submitted to approved SIP revisions are codified at 40 CFR Part 52, Subpart Eapproved air permitting program for both major and minor facilitieapplicable requirements are included in the facility permit. 

§110(a)(2)(B) Ambient air quality monitoring & data analysis system

provide for establishment and operation of appropriate devices, methods, systems and procedures necessary to monitor, compile and analyze data on ambient air quality, and upon request, make such data available to the Administrator; 

The Arkansas Pollution Control and Ecology Commission’s Reguof the Arkansas Plan of Implementation for Air Pollution Control, 

Arkansas Department of Environmental Quality (ADEQ) respons

as a precaution to prevent the NAAQS from being exceeded. A.C.A. § 8-1-202 grants the ADEQ Director authority to provide teassistance in the field of environmental protection. A.C.A. § 8-4-encourage and conduct studies, investigations, and research relacauses, prevention, control, and abatement. 
Attachment- Fine Particulate Matter (PM2.5) State Implementation Plan (SIP) Submittal Criteria Comp

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Section 110(a) Element 

Summary of Element Provisions in the Current Arkansas SIP or Recent SIP 

§110(a)(2)(C) Program to enforce control measures, regulate modification & construction of stationary sources and a permit program

include a program to provide for the enforcement of the measures described in subparagraph (A) and regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved, including a permit program as required in parts C and D; 

Chapter 4, Minor Source Review, of the Arkansas Pollution ContRegulation 19, Regulations of the Arkansas Plan of Implementatidescribes the regulation of the operation, modification and constrChapter 9, Prevention of Significant Deterioration, of the ArkansaCommission’s Regulation 19, Regulations of the Arkansas Plan oPollution Control concerns authority for enforcement of regulationsignificant deterioration of air quality and regulations governing thmandatory federal Class I Areas. A.C.A. § 8-4-203(a)1) authorizes ADEQ to issue, continue in effepermits to prevent, control, or abate pollution. A.C.A. § 8-4-311(adevelop and effectuate a comprehensive program for the preventpollution of the air; A.C.A. § 8-4-311(a)(7) empowers ADEQ to a

and regulations relating to pollution of the air; A.C.A. § 8-4-311(a

issue, modify, revoke, and enforce orders prohibiting, controlling 

requiring the adoption of remedial measures to prevent, control, o

§110(a)(2)(D) Interstate transport and interstate & international pollution abatement

contain adequate provisions—  (i) prohibiting, consistent with the provisions of this title, any source or other type of emissions activity within the state from emitting any air pollutant in amounts which will--  (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to any such national primary or secondary ambient air quality standard, or  (II) interfere with measures required to be included in the applicable implementation plan for any other State under part C to prevent significant deterioration of air quality or to protect visibility,  (ii) insuring compliance with the applicable requirements of sections 126 and 115 (relating to interstate and international pollution abatement);

Arkansas has adopted, and EPA approved the Arkansas PollutioCommission’s Regulation 19, Regulations of the Arkansas Plan oPollution Control, Chapter 14 (72 FR 54556), and is in the procesrequirements related to the federal Clean Air Interstate Rule. A S§110(a)(2)(D)(i) is being submitted separately. Arkansas is not cunder Section 115 and Section 126.A.C.A. § 8-4-311(a)(2) authorizes ADEQ to advise, consult, and cthe state, political subdivisions, industries, other states, the federaffected groups to control or abate air pollution and to prevent neA.C.A. § 8-4-311(a)(8) authorizes ADEQ to represent the state in 

plans, procedures, or negotiations for interstate compacts in relat

§110(a)(2)(E)(i) Adequate personnel, funding and authority to carry out plan

provide (i) necessary assurances that the state (or, except where the Administrator deems inappropriate, the general purpose local government or governments, or a regional agency designated by the state or general purpose local governments for such purpose) will have adequate personnel, funding, and 

A.C.A. § 8-1-103 grants the Arkansas Pollution Control and Ecoloestablish, by regulation, reasonable fees for initial issuance, annu

permits. ADEQ is authorized to collect the fees established by th

the issuance of an initial permit, a renewal permit, or a modificatiofails or refuses to pay the fees after reasonable notice. A.C.A. § 8-1-202 states that the Director of the ADEQ’s duties inc
Attachment- Fine Particulate Matter (PM2.5) State Implementation Plan (SIP) Submittal Criteria Comp

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Section 110(a) Element 

Summary of Element Provisions in the Current Arkansas SIP or Recent SIP 

authority under state (and, as appropriate, local) law to carry out such implementation plan (and is not prohibited by any provision of federal or state law from carrying out such implementation plan or portion thereof); 

administration of all activities that the department is empowered not limited to, the employment and supervision of such technical, 

within approved appropriations, as is necessary to carry out the r

department. The Arkansas Pollution Control and Ecology Commission Regula5, Air Permit Fees, contains the air permit fees applicable to non-and general permits. 

§110(a)(2)(E)(ii) Comply with state boards

(ii) requirements that the state comply with the requirements respecting state boards under section 128, 

The requirements of §110(a)(2)(E)(ii) are not applicable because are issued directly by ADEQ, not state boards or commissions.

§110(a)(2)(E)(iii) Oversee local & regional gov/agencies

(iii) necessary assurances that, where the state has relied on a local or regional government, agency, or instrumentality for the implementation of any plan provision, the state has responsibility for ensuring adequate implementation of such plan provision; oversee local and regional gov/agencies 

The requirements of §110(a)(2)(E)(iii) are not applicable to Arkanlocalities for specific SIP implementation. 

§110(a)(2)(F) Stationary source emissions monitoring and reporting system 

require, as may be prescribed by the Administrator—  (i) the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps by owners or operators of stationary sources to monitor emissions from such sources,  (ii) periodic reports on the nature and amounts of emissions and emissions-related data from such sources, and  (iii) correlation of such reports by the state agency with any emission limitations or standards established pursuant to this Act, which reports shall be available at reasonable times for public inspection; 

Regulatory requirements have been codified in the Arkansas PolCommission’s Regulation 19, Regulations of the Arkansas Plan oPollution Control, Chapter 7 (pertaining to sampling and testing). Requirements in Chapter 7, Reg.19.705 provide for the reporting 

format established by the ADEQ on a schedule set forth in the serequires the submission of emission statements as required by thArea, mobile, and non-road data are reported on a three year cycEnforceable emission limitations and other control measures are and Air Pollution Control Act and those provisions of A.C.A 8-4-3the program for enforcement are found in the monitoring, recordkrequirements for sources in these control measures as well as in

§110(a)(2)(G) Authority to declare air pollution emergency and notify public

provide for authority comparable to that in section 303 and adequate contingency plans to implement such authority; 

 A.C.A. § 8-1-202(b)(2)(C) empowers ADEQ to issue orders undreasonably require emergency measures to be taken to protect thhealth and safety. The Arkansas Pollution Control and Ecology CAdministrative Procedures, Reg.8.502 requires ADEQ to publish a newspaper covering the affected area, or in a newspaper of sta

must contain a description of the action, ADEQ’s authority for takinformation to assure the public is informed about the action. A.C.A. § 8-4-202(e)(1) empowers the Arkansas Pollution Control 
Attachment- Fine Particulate Matter (PM2.5) State Implementation Plan (SIP) Submittal Criteria Comp

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Section 110(a) Element 

Summary of Element Provisions in the Current Arkansas SIP or Recent SIP 

declare an emergency and implement emergency rules, regulatioon categories or types of permits if the Commission determines thealth, safety, or welfare requires immediate change in the rules moratorium on categories or types of permits. The Arkansas Pollution Control and Ecology Commission’s ReguProcedures, Reg.8.807 authorizes the Commission to waive or recases involving emergency rulemaking. No emergency rule shalhundred eighty (180) days. 

§110(a)(2)(H) Future SIP revisions 

provide for revision of such plan  (i) from time to time as may be necessary to take account of revisions of such national primary or secondary ambient air quality standard or the availability of improved or more expeditious methods of attaining such standard, and  (ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the basis of information available to the Administrator that the plan is substantially inadequate to attain the national ambient air quality standard which it implements, or to otherwise comply with any additional requirements established under this Act;

The Arkansas Pollution Control and Ecology Commission’s ReguArkansas Plan of Implementation for Air Pollution Control, Chaptedelineation of those regulations that are promulgated by the Comrequirements of the CAA. A.C.A. § 8-4-311(a)(7) empowers ADEQ to administer and enforcrelating to pollution of the air. A.C.A. § 8-4-202(d)(4)(A) authorizes the Arkansas Pollution Contrefer to the Code of Federal Regulations for any Commission sta

identical to a regulation promulgated by the United States Enviro

§110(a)(2)(I) Nonattainment areas (interstate transport)

in the case of a plan or plan revision for an area designated as a nonattainment area, meet the applicable requirements of part D (relating to nonattainment areas); 

The Arkansas Pollution Control and Ecology Commission’s ReguSource Review Requirements, covers the requirements of part D 

Amendments to these requirements to fulfill federal requirements 

3, 2006. EPA approved this submission on April 12, 2007, (72 FR 

effective on May 14, 2007. In preparing SIPs under Part D, Arkaapplicable requirements for each nonattainment area under secti

and subpart 2 to Part D. In addition, Arkansas complies with plan174. EPA approved all SIPs required under the one-hour ozone 

compliance with requirements for classified areas under subpart the PM2.5 standard will be evaluated with submitted SIPs for each 

related to nonattainment areas will continue to comply with Subpapplicable, and the currently approved nonattainment area SIP p52.170 which could not have been approved if they had not met Sinclude: The Arkansas Pollution Control and Ecology Commissioof the Arkansas Plan of Implementation for Air Pollution Control, Pollution Control and Ecology Commission’s Regulation 31, NonaRequirements. 
Attachment- Fine Particulate Matter (PM2.5) State Implementation Plan (SIP) Submittal Criteria Comp

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Section 110(a) Element 

Summary of Element Provisions in the Current Arkansas SIP or Recent SIP 

§110(a)(2)(J) (§ 121 consultation) 

meet the applicable requirements of section 121 (relating to consultation),

Arkansas has incorporated by reference into the Arkansas PollutCommission’s Regulation 19, Regulations of the Arkansas Plan oPollution Control, Chapter 9, the requirements in 40 CFR 52 undeU.S.C.A. § 7471) for prevention of significant deterioration of air qexception of 40 CFR 52.21(b)(2)(iii)(a), 40 CFR 52.21(b)(55-58), 52.21(cc) . These provisions were approved by EPA as part of t

§110(a)(2)(J) (Section 127 public notification)

meet the applicable requirements of... section 127 (relating to public notification) 

The public is notified of concentration’s that exceed the NAAQS f(www.adeq.state.ar.us) that contains hourly concentrations of PM

throughout the state. These monitoring sites also upload data to provides data to the public. 

§110(a)(2)(J) PSD & visibility protection

meet the applicable requirements of ... part C (relating to prevention of significant deterioration of air quality and visibility protection 

ADEQ is using PM10 as a surrogate for PM2.5 until EPA establishe

evaluate PM2.5 under the Prevention of Significant Deterioration p

On September 17, 2008, ADEQ submitted a Regional Haze Rule 

under review. 

§110(a)(2)(K) Air quality modeling/data

provide for:  (i) the performance of such air quality modeling as the Administrator may prescribe for the purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for which the Administrator has established a national ambient air quality standard, and  (ii) the submission, upon request, of data 

related to such air quality modeling to the Administrator;

Arkansas has submitted the Emissions Inventory SIP revision peduring calendar years 2006 and 2007. These plans submitted the required. The status of this SIP revision is below: The Emissions Inventory SIP for Crittenden County was submitteJanuary 15, 2009.

§110(a)(2)(L) Major Stationary source permitting fees

require the owner or operator of each major stationary source to pay to the permitting authority, as a condition of any permit required under this Act, a fee sufficient to cover—  (i) the reasonable costs of reviewing and acting upon any application for such a permit, and 

 (ii) if the owner or operator receives a permit for such source, the reasonable costs of implementing and enforcing the terms and conditions of any such permit (not including any court costs or other costs associated with any enforcement action), until such fee requirement is superseded with respect to such sources by the Administrator's approval of a fee program under title V; 

The fee requirements of the Arkansas Pollution Control and Ecol26, Regulations of the Arkansas Operating Air Permit Program, CEPA as meeting the CAA requirements and were incorporated inTitle V operating permit program in Chapter 11, was approved OcThe Arkansas Pollution Control and Ecology Commission Regula5, Air Permit Fees, contains the air permit fees applicable to non-and general permits.
Attachment- Fine Particulate Matter (PM2.5) State Implementation Plan (SIP) Submittal Criteria Comp

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Section 110(a) Element 

Summary of Element Provisions in the Current Arkansas SIP or Recent SIP 

§110(a)(2)(M) Consultation/Participation by affected local entities 

provide for consultation and participation by local political subdivisions affected by the plan 

Pursuant to the Arkansas Pollution Control and Ecology CommisAdministrative Procedures, Arkansas will continue to provide for from those affected by the SIP. (Reg.8.205 Public Notice of PermPublic Notice of Draft Permitting Decision; Reg.8.405 Public NotiConsent Administrative Orders; and Reg.8.801 Public Notice of RIn addition, ADEQ participates in the Central Regional Air Planninorganization of states, tribes, federal agencies and other interestequality. Through these interactions and public participation on rulrequirements of 110(a)(2)(M) are fulfilled. We believe the public nfulfill the requirements for consultation with local political subdivis