Arkansas State Implementation Plan 

Infrastructure Elements Required Under Section 110(a)(2) for the 1997 8-hour Ozone 

and the 1997 and 2006 Fine Particulate Matter (PM2.5) NAAQS and Interstate Transport 

Elements Required Under Section 110(a)(2) for the 1997 Ozone NAAQS and the 2006 

PM2.5 NAAQS 

Docket ID EPA-R06-OAR-2008-0633 

Technical Support Document 

January 2012 

Table of Contents: 

I. Introduction 

 A. Section 110(a)(1) and (2) Infrastructure SIP Elements 

 B. Section 110(a)(1) and (2) Transport SIP Elements 

 C. Legal Authority and Revisions to the Arkansas SIP 

 D. The Greenhouse Gas (GHG) Component 

II. SIP elements required under Section 110(a)(2) for the 1997 8-hour ozone 

and the 1997 and 2006 PM2.5 NAAQS, the State submittals and EPA analysis 

III. EPA’s Recommendation 

A. What is a Partial Approval, Partial Disapproval? 

B. EPA’s Recommendation on the Section 110(a)(1) and (2) Infrastructure SIP Elements 

C. EPA’s Recommendation on the Section 110(a)(1) and (2) Transport SIP Elements 

IV. References 

I. Introduction

In this technical support document (TSD), EPA is evaluating the submittals provided by 

the Arkansas Department of Environmental Quality (ADEQ) to meet the requirements of section 

110(a)(2) of the Clean Air Act (CAA or Act) for the 1997 8-hour ozone and the 1997 and 2006 

fine particulate matter national ambient air quality standards (NAAQS or standards). More detail 

on these standards, section 110(a)(1) and (2) of the Act, and the submittals we are reviewing to 

satisfy the section 110(a)(2) requirements for Arkansas are provided in subsections A - D, below. 

Throughout this document, “we,” “us,” and “our” means EPA. 

Section II of the TSD provides a description of each element required under section 

110(a)(2) of the Act, the State’s response, and our analysis of the State’s response. Copies of the 

State’s submittals are in the docket for this rulemaking. 

Section III of the TSD includes our recommendation for action on each of the elements 

reviewed herein. 

Section IV of the TSD contains a list of the guidance documents referenced herein. 

Copies of these guidance documents are in the docket for this rulemaking. 

A. Section 110(a)(1) and (2) Infrastructure SIP Elements 

On July 18, 1997, EPA promulgated a new NAAQS for ozone (published in volume 62 

of the Federal Register (FR), beginning on page 38856, denoted 62 FR 38856) and a new 

standard for fine particulate matter (62 FR 38652). For ozone, EPA revised the NAAQS to 
2

provide an 8-hour averaging period (versus the 1-hour averaging period for the 1-hour ozone 

standard), and set the level of the standard to 0.08 parts per million (ppm). The 1-hour ozone 

NAAQS was 0.12 ppm. For particulate matter (PM), EPA promulgated a new 24-hour and new 

annual standard for fine PM, which applies to particles with an aerodynamic diameter less than 

or equal to 2.5 micrometers (denoted as PM2.5). The annual PM2.5 standard was set at 15 

micrograms per cubic meter (μg/m3) and the 24-hour standard was set at 65 μg/m3. On October 

17, 2006, we published revised standards for PM (71 FR 61144). For PM2.5 the annual standard 

of 15 μg/m3 was retained and the 24-hour standard was revised to 35 μg/m3. For PM10 the annual 

standard was revoked and the 24-hour standard (150 μg/m3

) was retained. 

Under section 110(a)(1) of the Act, all states are required to submit plans to provide for 

the implementation, maintenance and enforcement of each NAAQS within 3 years following the 

promulgation of the NAAQS, or within such shorter period as EPA may prescribe. Section 

110(a)(2) lists 14 elements that must be included in these state implementation plan (SIP) 

submissions. The requirements include SIP “infrastructure” elements such as requirements for air 

pollution control measures and monitoring that are designed to assure attainment, maintenance 

and enforcement of the NAAQS. The statutory language in sections 110(a)(1) and (2) is provided 

in the docket for this rulemaking. 

On October 2, 2007, we issued “Guidance on SIP Elements Required Under Sections 

110(a)(1) and (2) for the 1997 8-hour Ozone and 1997 PM2.5 National Ambient Air Quality 

Standards,” Memorandum from William T. Harnett, Director, Air Quality Policy Division 

(AQPD), Office of Air Quality Planning and Standards (OAQPS).1 On September 25, 2009, we 

issued “Guidance on SIP Elements Required Under Sections 110(a)(l) and (2) for the 2006 24-

Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),” Memorandum 

also from William T. Harnett, Director, AQPD, OAQPS. Each of these guidance memos 

addresses the SIP elements found in 110(a)(2). However, the October 2, 2007 Guidance does not 

address section 110(a)(2)(D)(i) (dealing with interstate transport), which is being addressed 

separately.2 In each of these guidance memos, the guidance states that to the extent that existing 

SIPs already meet the requirements, states need only certify that fact to us. 

On March 28, 2008, the State of Arkansas submitted a letter to EPA stating that Arkansas 

evaluated its existing SIP for implementation of the 1997 8-hour ozone and PM2.5 NAAQS. In 

the letter, the State certified that the Arkansas SIP meets the requirements in sections 110(a)(1) 

and (2) of the CAA and is consistent with the “Guidance on SIP Elements Required Under 

Section 110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.5 National Ambient Air Quality 

Standards,” issued by EPA on October 2, 2007. An enclosure to the letter provided information 

on Arkansas SIP provisions supporting the 110(a)(2) requirements. 

On September 16, 2009, the ADEQ submitted a letter to fulfill its infrastructure SIP 

obligations for the 2006 PM2.5 NAAQS. An enclosure to the letter provided information on 

Arkansas SIP provisions supporting the 110(a)(2) elements. The submittal was deemed complete 

by action of law six months after the submittal was received by EPA. 

 

1

 This and any other guidance documents referenced in this action are in the docket for this rulemaking. 

2

 EPA finalized a FIP on July 6, 2011, to limit emissions of ozone precursors and PM that affect the ability of 

downwind states to attain the 1997 ozone and 1997 and 2006 PM2.5 NAAQS (76 FR 48208, August 8, 2011). 

Known as EPA’s Cross-State Air Pollution Rule, it requires that Arkansas (and 26 other states in the eastern half of 

the United States) must significantly improve air quality by reducing power plant emissions that cross state lines and 

contribute to ground-level ozone and fine particle pollution in other states. For additional information, please see 

www.epa.gov/crossstaterule. 
3

 On March 27, 2008, EPA published findings concerning whether States had made the 

110(a)(2) submissions for the 1997 ozone NAAQS (73 FR 16205). In this action, EPA found that 

Arkansas had made a submission that addressed some, but not all, of the section 110(a)(2) 

requirements of the Act necessary to implement the 1997 8-hour ozone NAAQS. Specifically, 

EPA found that Arkansas had failed to submit a SIP addressing changes to the part C PSD permit 

program required by the November 29, 2005 (70 FR 71612, page 71699) final rule that made 

NOX a precursor for ozone in the part C regulations at 40 CFR 51.166 and in 40 CFR 52.21. 

This finding established a 24-month deadline for the promulgation by EPA of a Federal 

Implementation Plan (FIP) addressing these specific SIP elements, in accordance with section 

110(c)(1). 

On October 22, 2008, EPA published findings concerning whether States had made the 

110(a)(2) submissions for the 1997 PM2.5 NAAQS (73 FR 62902). In this action, EPA found that 

Arkansas had made a complete submission that provides for the basic program elements 

specified in section 110(a)(2) of the Act necessary to implement the 1997 PM2.5 NAAQS. 

B. Section 110(a)(1) and (2) Transport SIP Elements 

As noted above, the infrastructure element regarding interstate transport, 110(a)(2)(D)(i), 

is not addressed in the 2007 Infrastructure SIP Guidance. On August 15, 2006, EPA issued its 

“Guidance for State Implementation Plan (SIP) Submission to Meet Current Outstanding 

Obligations Under Section 110(a)(2)(D)(i) for the 8-Hour Ozone and PM2.5 National Ambient 

Air Quality Standards” (2006 Guidance). EPA developed the 2006 Guidance to make 

recommendations to states for making submissions to meet the requirements of section 

110(a)(2)(D)(i) for the 1997 8-hour ozone and PM2.5 standards. As identified in the 2006 

Guidance, the “good neighbor” provisions in section 110(a)(2)(D)(i) require each state to submit 

a SIP that prohibits emissions that adversely affect another state in the ways contemplated in the 

statute. Section 110(a)(2)(D)(i)(I) and (II) contain four distinct requirements (or prongs) related 

to the impacts of interstate transport. The SIP must prevent sources in the state from emitting 

pollutants in amounts which will: (1) contribute significantly to nonattainment of the NAAQS in 

other states; (2) interfere with maintenance of the NAAQS in other states; (3) interfere with 

provisions to prevent significant deterioration of air quality in other states; and (4) interfere with 

efforts to protect visibility in other states.3

On December 17, 2007, we received a SIP revision from the State of Arkansas intended 

to address the requirements of section 110(a)(2)(D)(i) for both the 1997 8-hour ozone and PM2.5

standards. In this rulemaking we are addressing only the requirement that pertains to preventing 

sources in Arkansas from emitting pollutants that will interfere with measures required to 

prevent significant deterioration of air quality in other states. In its submission, Arkansas stated 

that its New Source Review (NSR)4

 program for major sources satisfies this requirement. With 

this submission, the state would meet the requirement as contemplated in the 2006 Guidance for 

SIP submissions to meet this specific element in CAA 110(a)(2)(D)(i)(II). 

In a separate action, we have finalized a FIP, called the Cross-State Air Pollution Rule 

(CSAPR), which requires Arkansas (and 9 other states in the eastern half of the United States) to 

significantly improve air quality by reducing power plant emissions that cross state lines and 

 

3

 Section 110(a)(2)(D)(i)(I) addresses prongs (1) and (2); section 110(a)(2)(D)(i)(II) addresses prongs (3) and (4). 4

 NSR refers to the statutory and regulatory programs that regulate the construction and modification of stationary 

sources. A more detailed discussion is provided below in section II.3, regarding the program for enforcement of 

control measures, pursuant to section 110(a)(2)(C) of the Act. 
4

contribute to ground-level ozone in other states.5

 This FIP is intended to address section 

110(a)(2)(D)(i)(I) for Arkansas, to prevent sources in Arkansas from emitting pollutants in 

amounts that will contribute significantly to nonattainment of the NAAQS in other states and 

interfere with maintenance of the NAAQS in other states. We are not addressing section 

110(a)(2)(D)(i)(I) in this action; see Section II.4 below for additional information. 

C. Legal Authority and Revisions to the Arkansas SIP 

The Arkansas Water and Air Pollution Control Act (AWAPCA), found in Title 8, 

Chapter 4 of the Arkansas Code Annotated (A.C.A) names the ADEQ as the State’s air pollution 

control agency and provides enforcement authority to the ADEQ (37 FR 10841, May 31, 1972). 

ADEQ was originally created by the Arkansas General Assembly as the Arkansas Water 

Pollution Control Commission by Act 472 of 1949. Act 183 of 1965 changed the commission's 

name to the Arkansas Pollution Control Commission (APCC) and gave it the power to regulate 

air pollution. A reorganization of state government in 1971 renamed the APCC to the Arkansas 

Pollution Control and Ecology Commission (APCEC), and created the Department of Pollution 

Control and Ecology as a cabinet-level agency headed by a director appointed by the 

Commission. In 1996, the Arkansas General Assembly voted to rename the Department of 

Pollution Control and Ecology to the Arkansas Department of Environmental Quality, effective 

March 31, 1999. The Department is responsible for the day-to-day administration of the 

Commission’s regulations for a variety of environmental programs. 

The APCEC has promulgated rules to limit and control emissions of among other things, 

PM, sulfur dioxide (SO2), NOx and volatile organic compounds (VOCs). These rules include 

emission limits, control measures, permits, fees, and compliance schedules and are found in 

APCEC Regulation 19, Regulation 26, and Regulation 31: Regulation 19, Chapters 1, 3-5, 7, 8, 

10, 13-15; Regulation 26, Chapters 1, 3 and 7; and Regulation 31, Chapters 1, 3, 4 and 8. 

To meet the infrastructure requirements of section 110(a)(2)(C) of the Act for the 1997 

ozone standard, the EPA believes the State must have updated its rules for PSD to treat NOx as a 

precursor to ozone (70 FR 71612, November 29, 2005). PSD rules to treat NOx as a precursor to 

ozone are also required to meet the third interstate transport prong, interference with provisions 

to prevent significant deterioration of air quality in other states. On February 17, 2010, the State 

submitted revisions that provided for NOx to be treated as a precursor to ozone formation in the 

State’s PSD program. We are proposing action on this revision to the PSD program that 

implements the provisions for NOx as a precursor because EPA believes that this is a necessary 

provision for implementation of the 1997 ozone standard. The 2010 submittal contains numerous 

revisions, including four that assist the State in meeting the infrastructure requirements. Several 

revisions in the 2010 submittal address the State’s program for PSD that provide for nitrogen 

oxides (NOx) to be treated as a precursor to ozone formation in the State’s PSD SIP. 

The portions of the 2011 submittal that we are proposing for approval in this action are 

evaluated in Attachment A to this TSD. We believe these are necessary provisions for 

implementation of the 1997 ozone standard, pursuant to the Final Rule to Implement the 8-Hour 

Ozone National Ambient Air Quality Standard - Phase 2 (70 FR 71612, published November 29, 

2005). More detail is also provided in Section II.3 below. 

D. The Greenhouse Gas (GHG) Component 

 

5

 76 FR 48208. 
5

EPA has recently undertaken a series of actions pertaining to the regulation of GHGs that 

although for the most part distinct from one another, impact today’s proposed action on the 

Arkansas SIP. Four of these actions include, as they are commonly called, the “Endangerment 

Finding” and “Cause or Contribute Finding” which EPA issued in a single final action,6

 the 

“Johnson Memo Reconsideration,”7

 the “Light-Duty Vehicle Rule,”8 and the “Tailoring Rule.”9 

Taken together and in conjunction with the CAA, these actions established regulatory 

requirements for GHGs emitted from new motor vehicles and new motor vehicle engines; 

determined that such regulations, when they took effect on January 2, 2011, subjected GHGs 

emitted from stationary sources to permitting requirements for Prevention of Significant 

Deterioration (PSD); and limited the applicability of PSD requirements to GHG sources on a 

phased-in basis. EPA took this last action in the Tailoring Rule which more specifically, 

established appropriate GHG emission thresholds for determining the applicability of PSD 

requirements to GHG-emitting sources. 

However, Arkansas did not address or provide adequate legal authority for the GHG 

program’s application to all pollutants that would become newly subject to regulation in the 

future, including non-NAAQS pollutants, among them GHGs. On this basis, EPA on December 

13, 2010 issued a finding that Arkansas’ SIP was substantially inadequate to meet CAA 

requirements because it does not apply PSD requirements to GHG-emitting sources (75 FR 

77698). This rulemaking also issued a “SIP call” to Arkansas, requiring the state to revise its SIP 

as necessary to correct the inadequacies. The SIP call established a deadline of December 22, 

2010 for Arkansas to submit its corrective SIP revision. In response to EPA’s proposal of the SIP 

call (75 FR 53892), the state declined the twelve month deadline for SIP revision following the 

finding of substantial inadequacy in order to ensure that PSD permitting authority for newly 

constructed or modified sources remain in place.10 As required following the SIP call, EPA 

promulgated a Federal Implementation Plan (FIP) to establish a PSD permitting program in 

Arkansas for GHG-emitting sources (75 FR 82246). EPA took these actions through final 

rulemaking, effective upon publication, to ensure the availability of a permitting authority – EPA 

– in Arkansas for GHG-emitting sources when they became subject to PSD on January 2, 2011. 

The FIP allowed those sources to proceed with plans to construct or expand. 

As we discuss further in Section II.3 below, the current EPA-approved SIP PSD program does 

not apply to GHG-emitting sources that emit at or above the levels of emissions set in the 

Tailoring Rule, or at other appropriate levels. Thus, the Arkansas SIP does not satisfy portions 

of elements within the infrastructure and transport requirements as they pertain to GHGs. 

II. SIP elements required under Section 110(a)(2) for the 1997 8-hour ozone and fine 

particulate matter NAAQS, the State submittals and EPA analysis

 

6

 “Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air 

Act.” 74 FR 66496 (December 15, 2009). 

7

 “Interpretation of Regulations that Determine Pollutants Covered by Clean Air Act Permitting Programs.” 75 FR 

17004 (April 2, 2010). 

8

 “Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards; Final 

Rule.” 75 FR 25324 (May 7, 2010). 

9

 Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule; Final Rule.” 75 FR 31514 

(June 3, 2010). 

10 See letter from Teresa Marks to Lisa P. Jackson, dated October 1, 2010, in the docket for this rulemaking. 
6

 The federally approved SIP for each state is listed in Title 40, Part 52, of the US Code of 

Federal Regulations (denoted 40 CFR 52). The first section in this subpart for any state is the 

“Identification of plan.” The Identification of plan lists the EPA-approved provisions of the SIP 

for each state, as provided under section 110 of the Act, 42 U.S.C. 7410, and 40 CFR 51 to meet 

the NAAQS. The status of the Arkansas SIP is provided in 40 CFR Part 52, Subpart E, sections 

170 to 200. The Identification of plan for Arkansas is in section 170; this constitutes the 

applicable SIP for Arkansas, for purposes of the Act. 

Per the General Preamble to the 1990 Clean Air Act Amendments (April 16, 1992 at 57 

FR 13498), section 110(a)(2) sets forth elements that a SIP must contain in order to be fully 

approved.11 Below we examine the elements required in section 110(a)(2) and the documentation 

provided by the ADEQ. Where it is useful, we include tables showing the date that the applicable 

state rules were approved by EPA into the SIP. 

1. Enforceable emission limits and other control measures: Section 110(a)(2)(A) requires 

SIPs to include enforceable emission limits and other control measures, means or techniques, 

schedules for compliance and other related matters. EPA notes that the specific nonattainment 

area plan requirements of section 110(a)(2)(I) are subject to the timing requirement of section 

172 (non-attainment plan provisions). 

The State’s response: Arkansas’s enforceable emission limitations and other control measures 

are covered in the Arkansas Water and Air Pollution Control Act, Arkansas Code Annotated 

(A.C.A.) § 8-4-101 et seq., and those provisions of the Arkansas Pollution Control and Ecology 

Commission’s Regulation 19, Regulations of the Arkansas Plan of Implementation of Air 

Pollution Control listed 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 adopted 

by the Arkansas Pollution Control and Ecology Commission. Where these provisions relate to 

section 110 requirements, SIP revisions have been submitted to and approved by EPA. EPAapproved SIP revisions are codified at 40 CFR Part 52, Subpart E. Arkansas has an EPAapproved air permitting program for both major and minor facilities, which ensures that all 

applicable requirements are included in the facility permit. 

EPA analysis: Section 110(a)(2)(A) requires that all measures and other elements in the SIP be 

enforceable. This subsection also authorizes SIPs to contain certain nontraditional techniques for 

reducing pollution – economic incentives, marketable permits, and auctions of emissions rights. 

The EPA reads this language to require even these other means of achieving reductions to be 

enforceable.12 The federally approved Arkansas SIP includes a variety of measures to reduce PM 

and precursors to ozone, which are summarized in the following paragraphs and listed in Table 1 

below. Once adopted into the SIP, the measures are enforceable by the state and EPA, and US 

citizens are offered legal recourse to address violations as described in section 304 of the Act. 

The Arkansas Water and Air Pollution Control Act (AWAPCA) names the ADEQ as the 

State’s air pollution control agency and provides enforcement authority to the ADEQ. We 

 

11 The discussion of section 110(a)(2), subsections (A) through (M) begins on p. 13556 of the General Preamble. 

12 General Preamble to the 1990 Clean Air Act Amendments (April 16, 1992 at 57 FR 13498, p. 13556) 
7

reviewed the AR SIP and found state rules to implement and enforce the 1997 ozone and PM 

NAAQS, and limit or reduce emissions of these pollutants. These rules include programs for 

banking and trading of emissions, as well as permits and fees. We are including a list of sections 

from the AWAPCA and Arkansas Code Annotated (A.C.A.), as well as chapters from APCEC 

Regulations 9 (Fee Regulations), 19 (Regulations of the Arkansas Plan of Implementation for Air 

Pollution Control), 26 (Regulations of the Arkansas Operating Air Permit Program), and 31 

(Nonattainment New Source Review Requirements) as relevant in meeting the requirements of 

section 110(a)(2)(A). These sections were approved by EPA into the AR SIP (see Table 1 

below) and thus are federally enforceable. 

Arkansas Code Annotated

Section 8-1-202 – Powers of the Director of the Arkansas Department of Environmental Quality 

Section 8-4-311 – Powers generally 

APCEC Regulation 9: Fee Regulations

Chapter 5 – Air Permit Fees 

APCEC Regulation 19: Regulations of the Arkansas Plan of Implementation for Air Pollution 

Control

Chapter 1 – Title, Intent and Purpose 

Chapter 3 – Protection of the National Ambient Air Quality Standards 

Chapter 4 – Minor Source Review 

Chapter 5 – General Emissions Limitations Applicable to Equipment 

Chapter 7 – Sampling, Monitoring, and Reporting Requirements 

Chapter 8 – 111(d) Designated Facilities 

Chapter 9 – Prevention of Significant Deterioration 

Chapter 10 – Regulations for the Control of Volatile Organic Compounds in Pulaski County 

Chapter 13 – Stage I Vapor Recovery 

Chapter 14 – CAIR NOx Ozone Season Trading Program General Provisions 

Chapter 15 – Regional Haze 

APCEC Regulation 26: Regulations of the Arkansas Operating Air Permit Program

Chapter 1 – Title and Purpose 

Chapter 3 – Requirement for a Permit, Applicability 

Chapter 7 – Permit Content 

Chapter 11 – Permit Fees 

APCEC Regulation 31: Nonattainment New Source Review Requirements

Chapter 1 – Title, Intent and Purpose 

Chapter 3 – Preconstruction Review 

Chapter 4 – Applicability Tests 

Chapter 8 – Actual PALs 

A.C.A. Section 8-4-311 identifies the ADEQ as having the power to “(d)evelop and 

effectuate a comprehensive program for prevention and control of all sources of pollution of the 

air...” within the State of Arkansas, as well as having the power to “(a)dminister and enforce all 
8

laws and regulations relating to pollution of the air”. Further, A.C.A. Section 8-1-202 identifies 

the Director of the Arkansas Department of Environmental Quality as the executive officer and 

active administrator of all air pollution control activities in the state. This section also sets forth 

the powers of this administrative authority as “(t)he administration of permitting, licensing, 

certification, and grants programs deemed necessary to protect the environmental integrity of the 

state”.

Chapter 3 of APCEC Regulation 26 establishes requirement for part 70 (title V) permits, 

and applicability (emissions, emissions units and fugitive emissions subject to permitting); 

Chapter 5 of APCEC Regulation 9 establishes the means and formulas for implementation of air 

permit fees for part 70 (title V), non-part 70, and general permits. 

APCEC Regulation 19, Regulations of the Arkansas Plan of Implementation for Air 

Pollution Control, comprises the main structure of Arkansas’s state air quality regulations. It 

establishes applicability of the air pollution control plan to any stationary source which has the 

potential to emit any federally regulated air pollutant (Chapter 1), establishes the primary and 

secondary ambient air quality standards (by reference to 40 CFR Part 50), and defines 

responsibilities of the Department and regulated sources in meeting and maintaining the 

NAAQS, as well as listing Federal programs delegated to the Department for major sources 

(Chapter 3). 

The criteria for minor source review, including approval criteria, application processes, 

and revision processes are set forth in Regulation 19, Chapter 4. Regulation 19, Chapter 9 

establishes 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. Regulation 19, Chapter 7 defines the 

powers of the Department in requiring sampling, monitoring, and reporting requirements at 

stationary sources. 

Emissions limitations for specific sources/processes within Pulaski County are contained 

within Regulation 19, Chapter 10. This chapter establishes testing and reporting requirements, 

RACT, permits and compliance schedules, and provisions for gasoline storage/marketing, 

petroleum liquid storage, cutback asphalt, gasoline tank trucks and vapor collection systems, 

surface coating of metal parts and products, and external floating roof storage. Regulation 19, 

Chapter 5 defines the general federally regulated air pollutant emissions limitations applicable to 

all equipment subject to the Arkansas air quality control plan, and Regulation 19, Chapter 8 

establishes regulations for designated pollutants emitted from designated facilities in accordance 

with Section 111(d) of the CAA, including emission limitations for specific sulfuric acid plants 

and kraft pulp mills in Arkansas. Regulation 19, Chapter 13 limits emissions of VOCs from 

gasoline stored in stationary dispensing tanks and from gasoline delivered into such tanks in 

nonattainment areas. 

Regulation 19, Chapter 14 includes the Clean Air Interstate Rule (CAIR) requirements, 

which are intended to reduce NOx emissions from Arkansas that are contributing to 

nonattainment of the 1997 ozone NAAQS in downwind states.13

Regulation 31, Nonattainment New Source Review Requirements, establishes NNSR 

requirements and applicability (Chapter 1), preconstruction review requirements and 

management of Zones Targeted for Economic Development pursuant to 173(a)(1)(B) of the 

 

13 NOx and volatile organic compounds (VOCs) are precursors to ozone. PM can be emitted directly and 

secondarily formed; the latter is the result of NOx and SO2 precursors combining with ammonia to form ammonium 

nitrate and ammonium sulfate. 
9

CAA (Chapter 3), applicability test procedures and criteria (Chapter 4), and NNSR Plantwide 

Applicability Limits (PALs) criteria. 

The rules listed above at A.C.A. Section 8-1-202 & 8-4-311, Regulation 9, Chapter 5, 

Regulation 19, Chapters 1, 3-5, 7-10, 13, 14, Regulation 26, Chapter 3, and Regulation 31, 

Chapters 1, 3, 4 and 8 were approved by EPA for adoption into the SIP and thus are enforceable 

by the State and EPA. We are proposing that the Arkansas SIP meets the requirements of section 

110(a)(2)(A). 

Table 1: Arkansas rules relevant to meeting section 110(a)(2)(A): 

Section of SIP Referenced in Arkansas’s 

Submittal

EPA Approval/FR Citation

A.C.A., Section 8-1-202 April 12, 2007 at 72 FR 18394 

A.C.A., Section 8-4-311 April 12, 2007 at 72 FR 18394 

Regulation 9, Chapter 5 November 12, 1986 at 51 FR 40975 

Regulation 19, Chapter 1 October 16, 2000 at 65 FR 61108 

April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 3 October 16, 2000 at 65 FR 61108 

April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 4 October 16, 2000 at 65 FR 61108 

April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 5 October 16, 2000 at 65 FR 61108 

April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 7 October 16, 2000 at 65 FR 61108 

April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 8 April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 9 October 16, 2000 at 65 FR 61108 

April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 10 October 16, 2000 at 65 FR 61108 

April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 13 April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 14 September 26, 2007 at 72 FR 54556 

Regulation 26, Chapter 3 October 16, 2000 at 65 FR 61108 

October 9, 2001 at 66 FR 51312 

Regulation 31, Chapter 1 April 12, 2007 at 72 FR 18394 

Regulation 31, Chapter 3 April 12, 2007 at 72 FR 18394 

Regulation 31, Chapter 4 April 12, 2007 at 72 FR 18394 

Regulation 31, Chapter 8 April 12, 2007 at 72 FR 18394 
10

2. Ambient air quality monitoring and data analysis system: Section 110(a)(2)(B) requires 

SIPs to include provisions for establishment and operation of ambient air quality monitors, 

collecting and analyzing ambient air quality data, and making these data available to EPA upon 

request. 

The State’s response: The Arkansas Pollution Control and Ecology Commission’s Regulation 

Number 19, Regulations of the Arkansas Plan of Implementation for Air Pollution Control, Reg. 

19.302 grants the Arkansas Department of Environmental Quality (ADEQ) responsibility for 

ambient air monitoring as a precaution to prevent the NAAQS from being exceeded. 

A.C.A. § 8-1-202 grants the ADEQ Director authority to provide technical and legal expertise 

and assistance in the field of environmental protection. A.C.A. § 8-4-311(a)(3) empowers ADEQ 

to encourage and conduct studies, investigations, and research relating to air pollution and its 

causes, prevention, control, and abatement. 

EPA analysis: EPA historically has promulgated regulations in 40 CFR 58 (Ambient Air Quality 

Surveillance), indicating the necessary data states need to collect and submit as part of their SIP. 

As the state air pollution control agency, the ADEQ maintains a network of air quality monitors 

per 40 CFR 58.3(a). The air quality surveillance network undergoes annual review and EPA 

approval of the current network was completed on January 20, 2011.14 These monitors meet the 

technical requirements of 40 CFR 58, Subpart B. The ADEQ website posts past and current 

concentrations of PM2.5 and ozone measured by their network of monitors. The State submits air 

monitoring data to EPA quarterly and certifies the data annually. 

 The rules at Regulation 19, Chapters 3 and 7 address air monitoring requirements for 

owners or operators of proposed sources pursuant to 40 CFR 58.3(c) and are evaluated in Section 

II.6 below, regarding stationary source emissions monitoring and reporting, pursuant to the 

requirements of section 110(a)(2)(F) of the Act. 

We are proposing that the Arkansas SIP meets the requirements of section 110(a)(2)(B). 

3. Program for enforcement of control measures: Section 110(a)(2)(C) requires states to 

include a program providing for enforcement of the measures described in subparagraph (A), and 

the regulation of the modification and construction of any stationary source within the areas 

covered by the SIP as necessary to assure that the NAAQS are achieved, including a permit 

program as required in part C. 

The State's response: Chapter 4, Minor Source Review, of the Arkansas Pollution Control and 

Ecology Commission’s Regulation 19, Regulations of the Arkansas Plan of Implementation for 

Air Pollution Control describes the regulation of the operation, modification and construction of 

stationary sources. 

Chapter 9, Prevention of Significant Deterioration, of the Arkansas Pollution Control and 

Ecology Commission’s Regulation 19, Regulations of the Arkansas Plan of Implementation for 

Air Pollution Control concerns authority for enforcement of regulations governing the prevention 

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

mandatory federal Class I Areas. 

 

14 A copy of our approval letter is in the docket for this rulemaking. 
11

A.C.A. § 8-4-203(a)(1) authorizes ADEQ to issue, continue in effect, revoke, modify, or deny 

permits to prevent, control, or abate pollution. A.C.A. § 8-4-311(a)(1) empowers ADEQ to 

develop and effectuate a comprehensive program for the prevention and control of all sources of 

pollution of the air; A.C.A. § 8-4-311(a)(7) empowers ADEQ to administer and enforce all laws 

and 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 

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

EPA analysis: Regarding a program for enforcement of control measures, as stated 

previously, the AWAPCA provides the ADEQ with authority to enforce the state’s 

environmental quality rules. The ADEQ established rules governing emissions of the NAAQS 

and their precursors throughout the State and these rules are in the federally enforceable SIP. The 

rules in Regulation 19, Chapters 1, 3-5, 7-10, 13 and 14; Regulation 26, Chapter 3; and 

Regulation 31, Chapters 1, 3, 4 and 8 include allowable rates, compliance, control plan 

requirements, actual and allowable emissions, monitoring and testing requirements, 

recordkeeping and reporting requirements, and control schedules. These rules clarify the 

boundaries beyond which regulated entities in Arkansas can expect enforcement action. 

The statutory and regulatory programs that regulate the construction and modification of 

major stationary sources in nonattainment and attainment/unclassifiable areas are termed New 

Source Review (NSR) and are provided under parts C and D of the Act, and 40 CFR 51.166. Part 

C of the Act requires prevention of significant deterioration of air quality (PSD). The PSD 

program regulates the construction of any new major stationary source or major modification at 

existing stationary sources located in areas meeting the NAAQS. Such areas are designated as 

attainment/unclassifiable. In a nonattainment area, any stationary pollutant source with the 

potential to emit 100 tons per year or more of any regulated NSR pollutant is considered a major 

stationary source. In PSD areas the cutoff level may be either 100 tpy or 250 tpy, depending 

upon the source.15 These sources are required by the Act to obtain an air pollution permit before 

beginning construction. 

Minor NSR is for pollutants from stationary sources that do not require PSD or nonattainment NSR (NNSR) permits. The purpose of minor NSR permits is to prevent the 

construction of sources that would interfere with attainment or maintenance of a NAAQS or 

violate the control strategy in nonattainment areas. Also, minor NSR permits often contain 

permit conditions to limit the sources emissions to avoid PSD or NNSR. Section 110(a)(2)(C) 

creates “a general duty on States to include a program in their SIP that regulates the modification 

and construction of any stationary source as necessary to assure that the NAAQS are achieved” 

(70 FR 71612, 71677). EPA provides states with a “broad degree of discretion” in implementing 

their minor NSR programs (71 FR 48696, 48700). The “considerably less detailed” regulations 

for minor NSR are provided in 40 CFR 51.160 through 51.164. EPA has determined that 

Arkansas’ minor NSR program adopted pursuant to section 110(a)(2)(C) of the Act regulates 

emissions of ozone and its precursors and PM. Arkansas’ minor source permitting requirements 

are contained at APCEC Regulation 19, Chapter 4 and were approved at 65 FR 61103. The SIP 

continues to require preconstruction permits for minor sources and minor modifications. 

Arkansas’s PSD program was initially approved into the SIP on January 14, 1982 (47 FR 

02112). Subsequent revisions to Arkansas’s PSD program were approved into the SIP on 

 

15 See section 169(1) of the Act for the types of sources in each of the 100 tpy and 250 tpy categories. 
12

February 10, 1986 (51 FR 04910), May 2, 1991 (56 FR 20137), October 16, 2000 (65 FR 

61103), and April 12, 2007 (72 FR 18394). EPA recently promulgated the increments, 

significant impact levels and significant monitoring concentration for PM2.5 (75 FR 64864, 

October 20, 2010) and these increments will become applicable on October 20, 2011. EPA fully 

approved into the Arkansas SIP plans to implement the Nonattainment NSR (NNSR) provisions 

of the Act on April 12, 2007 (72 FR 18394).

The State of Arkansas submitted a SIP revision to EPA dated February 17, 2010 to meet 

requirements of the 8-hour ozone NAAQS by incorporating NOx as a precursor for ozone. The 

submitted SIP revision to add NOx as a precursor for ozone are listed in Table 2 below and 

include the following: 

1. The substantive change adding NOx to the definition of Major Modification through 

incorporation by reference of 40 CFR 52.21(b) and 40 CFR 51.301 as of November 29, 

2005. 

2. The substantive change adding NOx to the definition of Major Stationary Source through 

incorporation by reference of 40 CFR 52.21(b) and 40 CFR 51.301 as of November 29, 

2005. 

3. The substantive change adding NOx as a precursor to the table's criteria and other 

pollutants listing for ozone through incorporation by reference of 40 CFR 52.21(b)(23)(i) 

4. The substantive change allowing for an exemption with respect to ozone monitoring for a 

source with a net emissions increase less than 100 tpy of NOx through incorporation by 

reference of 40 CFR 52.21(i)(5)(i). 

The February 17, 2010 revisions to the definitions in the Arkansas rules for “major 

modification” and “major stationary source” meet the federal definition in 40 CFR 52.21(b) to 

identify a major source of NOx as a major source for ozone. The February 17, 2010 revisions to 

the Arkansas rules also meet the federal definition in 40 CFR 52.21(b)(50)(i) for inclusion of 

NOx as an ozone precursor. The February 17,2010 revisions to the emission rate for ozone under 

the definition for Significant in the Arkansas rules also meet the federal requirements in 40 CFR 

52.21(b)(23)(i), which establishes these emission thresholds as 40 tpy. The February 17, 2010 

revisions allowing for an exemption with respect to ozone monitoring for a source with a net 

emissions increase less than 100 tpy of NOx also meet the federal requirement on monitoring 

exemptions under the footnote for 40 CFR 52.21(i)(5)(i). Because of their consistency with 40 

CFR 52.21, which provides the requirements for an approvable PSD program, EPA believes 

these revisions are consistent with 110(l) and the revisions would not interfere with any 

applicable standard. Therefore, EPA is proposing to approve these revisions as meeting the 

requirements of section 110 of the Act and 40 CFR 52.21 for establishing NOx emissions as a 

precursor for ozone. 

To implement section 110(a)(2)(C) for the 1997 and 2006 PM2.5 standards, states were 

required to submit SIP revisions for the implementation of the PSD and nonattainment NSR 

program for the PM2.5 standard by May 16, 2011 (see 73 FR 28321, May 16, 2008). Because the 

State has failed to adopt and submit the required PM2.5 PSD rules, we are proposing to find that 

the current Arkansas PSD SIP does not meet the requirements of section 110(a)(2)(C) with 

respect to the implementation of the PSD NSR program for the 1997 and 2006 PM2.5 NAAQS. 

As noted in Section I.D above, the current EPA-approved SIP PSD program does not 

apply to GHG-emitting sources that emit at or above the levels of emissions set in the Tailoring 

Rule, or at other appropriate levels. Thus, the Arkansas SIP does not satisfy this portion of 

section 110(a)(2)(C). We are proposing to disapprove this portion of the Arkansas SIP for 
13

failing to meet the infrastructure requirements for the 1997 ozone and the 1997 and 2006 PM2.5

NAAQS with respect to the GHG requirement of section 110(a)(2)(C). EPA’s disapproval here 

does not engender an additional statutory obligation, because EPA has already promulgated a 

FIP for the Arkansas PSD program to address permitting GHGs at or above the Tailoring Rule 

thresholds (75 FR 82246). This FIP will remain in place until Arkansas submits and EPA 

approves revisions that address the disapproved elements. 

We are proposing to approve the Arkansas infrastructure SIP for the 1997 ozone NAAQS 

with respect to section 110(a)(2)(C), except as it relates to GHGs. 

Table 2: Arkansas SIP Revisions that Address CAA 110(a)(2) Infrastructure Requirements 

Annotation of Submitted Revisions to 

APCEC Regulation 19, Chapter 9 – Prevention of Significant Deterioration 

Comments 

Current SIP Approved 4/12/2007 Under Review – Rev submitted 2/17/2010

Reg. 19.903 (Definitions) 

(B) All other terms used herein shall have 

the same meaning as set forth in chapter 2 

or in 40 CFR 52.21(b) [PSD] and 40 CFR 

51.301 [Protection of Visibility] 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 and those listed in 40 CFR 

52.21(b) and 40 CFR 51.301, the federal 

definitions as listed in 40 CFR 52.21(b) 

and 40 CFR 51.301 shall apply. 

B) All other terms used herein shall have the 

same meaning as set forth in Cchapter 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 Cchapter 2 of Regulation 19 and 

those listed in 40 CFR 52.21(b) and 40 CFR 

51.301, the federal definitions as listed in 40 

CFR 52.21(b) and 40 CFR 51.301 as of 

November 29, 2005, shall apply.

Incorporation of 40 

CFR 52.21(b) by 

reference as of 

November 29, 2005 

captures the addition 

of NOx to the 

definitions of Major 

Modification and 

Major Stationary 

Source.

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) of this section, 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 U.S. Environmental 

Protection Agency under 40 CFR 

52.21(a)(2) through (bb), as in effect on 

July 23, 2004, which are hereby 

incorporated herein by reference, with the 

exception of 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 

(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) of Reg.19.904 this section, 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 U.S. 

Environmental Protection Agency under 40 

CFR 52.21(a)(2) through (bb), as in effect on 

November 29, 2005 July 23, 2004, which are 

hereby incorporated herein by reference, with 

the exception of 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 

Incorporation of 40 

CFR 52.21(a)(2) 

through (bb) by 

reference as of 

November 29, 2005 

captures the addition 

of NOx to the 

Pollutant and 

Emissions Rate table 

criteria (40 CFR 

52.21(b)(23)(i)), and 

the exemption with 

respect to ozone 

monitoring for a 

source with a net 

emissions increase 

less than 100 tpy of 

NOx (40 CFR 

52.21(i)(5)(i)).
14

the applicable federal regulations, as 

incorporated herein by reference. 

reference.

Table 3: Arkansas rules relevant to meeting section 110(a)(2)(C): 

Section of SIP Referenced in Arkansas’s 

Submittal

EPA Approval/FR Citation

Regulation 19, Chapter 1 October 16, 2000 at 65 FR 61108 

April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 3 October 16, 2000 at 65 FR 61108 

April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 4 October 16, 2000 at 65 FR 61108 

April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 5 October 16, 2000 at 65 FR 61108 

April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 7 October 16, 2000 at 65 FR 61108 

April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 8 April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 9 October 16, 2000 at 65 FR 61108 

April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 10 October 16, 2000 at 65 FR 61108 

April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 13 April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 14 September 26, 2007 at 72 FR 54556 

Regulation 26, Chapter 3 October 16, 2000 at 65 FR 61108 

October 9, 2001 at 66 FR 51312 

Regulation 31, Chapter 1 April 12, 2007 at 72 FR 18394 

Regulation 31, Chapter 3 April 12, 2007 at 72 FR 18394 

Regulation 31, Chapter 4 April 12, 2007 at 72 FR 18394 

Regulation 31, Chapter 8 April 12, 2007 at 72 FR 18394 

4. Interstate transport, and interstate and international pollution abatement: Section 

110(a)(2)(D) is divided into two components, 110(a)(2)(D)(i) and 110(a)(2)(D)(ii). Section 

110(a)(2)(D)(i) addresses interstate transport and requires SIPs to include provisions prohibiting 

any source or other type of emissions activity in one state from contributing significantly to 

nonattainment, interfering with maintenance of the NAAQS in another state, or from interfering 

with measures required to prevent significant deterioration of air quality or to protect visibility in 

another state. Section 110(a)(2)(D)(ii) addresses interstate and international pollution abatement, 

and requires SIPs to include provisions insuring compliance with sections 115 and 126 of the 

Act, relating to interstate and international pollution abatement. 
15

The State's response: Arkansas has adopted, and EPA approved the Arkansas Pollution Control 

and Ecology Commission’s Regulation 19, Regulations of the Arkansas Plan of Implementation 

for Air Pollution Control, Chapter 14 (72 FR 54556), and is in the process of submitting 

additional requirements 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 requirements under Section 115 and Section 126. 

A.C.A. § 8-4-311(a)(2) authorizes ADEQ to advise, consult, and cooperate with other agencies 

of the state, political subdivisions, industries, other states, the federal government, and with 

affected groups to control or abate air pollution and to prevent new air pollution. 

A.C.A. § 8-4-311(a)(8) authorizes ADEQ to represent the state in all matters pertaining to the 

plans, procedures, or negotiations for interstate compacts in relation to air pollution control. 

EPA analysis: 

Interstate transport, 110(a)(2)(D)(i): As noted above, the interstate transport portion of 

section 110(a)(2)(D)(i) prohibits 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 of this 

subchapter to prevent significant deterioration of air quality or to protect visibility. 

On December 17, 2007, we received a SIP revision from Arkansas intended to address 

the requirements of section 110(a)(2)(D)(i) for both the 1997 8-hour ozone and 1997 PM2.5

standards. In its submission, Arkansas stated that its NSR program for major sources satisfies 

this requirement. As noted in Section II.3 above, Arkansas has an approved NSR program (72 

FR 18394). With the December 17, 2007 submission, the state would meet the element under 

section 110(a)(2)(D)(i)(II) for the 1997 8-hour ozone NAAQS that prohibits sources from 

emitting pollutants that will interfere with measures required to prevent significant deterioration 

of air quality in other states, except as they relate to GHGs. We are proposing to disapprove the 

portion of the Arkansas Interstate Transport SIP provisions that address the requirement of 

section 110(a)(2)(D)(i)(II), as it relates to GHGs, that emissions from sources in Arkansas do not 

interfere with measures required in the SIP of any other state under part C of the CAA to prevent 

significant deterioration of air quality. 

The Arkansas SIP to address the Clean Air Interstate Rule (CAIR, approved into the 

Arkansas SIP at 72 FR 54556) and the revised Arkansas CAIR SIP (submitted September 16, 

2009) will be evaluated in light of the EPA’s Cross-State Air Pollution Rule (CSAPR), which 

found that Arkansas (and 26 other states in the eastern half of the United States) must 

significantly improve air quality by reducing power plant emissions that cross state lines and 

contribute to ground-level ozone and fine particle pollution in other states.16 The EPA addresses 

section 110(a)(2)(D)(i)(I) for Arkansas under the CSAPR. 

We will address the protection of visibility requirement of 110(a)(2)(D)(i)(II) when EPA 

completes its review of the Arkansas regional haze SIP revision submitted on July 29, 2008. 

We are proposing to approve the portion of the Arkansas Interstate Transport SIP 

provisions that address one requirement of section 110(a)(2)(D)(i)(II) for the 1997 8-hour ozone 

 

16 76 FR 48208 
16

NAAQS, that emissions from sources in Arkansas do not interfere with measures required in the 

SIP of any other state under part C of the CAA to prevent significant deterioration of air quality, 

except as it relates to GHGs. 

We are proposing to disapprove the portion of the Arkansas Interstate Transport SIP 

provisions that address one requirement of section 110(a)(2)(D)(i)(II) for the 1997 8-hour ozone 

NAAQS, that emissions from sources in Arkansas do not interfere with measures required in the 

SIP of any other state under part C of the CAA to prevent significant deterioration of air quality, 

as it relates to GHGs. 

We are also proposing to find that Arkansas does not meet the third prong of section 

110(a)(2)(D)(i), because the current Arkansas PSD SIP does not meet the requirements of section 

110(a)(2)(C) with respect to the implementation of the PSD NSR program for the 2006 PM2.5

NAAQS. 

Interstate and international pollution abatement, 110(a)(2)(D)(ii): Section 115 of the Act 

addresses international air pollution: (a) Endangerment of public health or welfare in foreign 

countries from pollution emitted in the United States; (b) Prevention or elimination of 

endangerment; and (c) Reciprocity.17Regarding section 115 of the Act, the Administrator has 

neither received nor issued a formal notification that emissions from Arkansas are endangering 

public health or welfare in a foreign country. Section 126(a) of the Act requires that each 

applicable implementation plan shall require each major proposed new or modified source to 

notify neighboring states of potential impacts from the source. The Arkansas SIP addresses 

section 126 of the Act under their PSD rules at Regulation 19, Chapter 9, which were approved 

into the Arkansas SIP at (47 FR 02112, 51 FR 04910, 56 FR 20137, 65 FR 61103 and 72 FR 

18394). The rules at Regulation 19, Chapter 9 address, through incorporation by reference of 40 

CFR 52.21(k)(1) “The owner or operator of the proposed source or modification shall 

demonstrate that allowable emission increases from the proposed source or modification, in 

conjunction with all other applicable emissions increases or reductions (including secondary 

emissions), would not cause or contribute to air pollution in violation of: (1) Any national 

ambient air quality standard in any air quality control region”. These rules address section 

126(a)(1)(A) and (B) of the Act. We are proposing that the Arkansas SIP meets the requirements 

of section 110(a)(2)(D)(ii) for the 1997 8-hour ozone NAAQS, except for the portion that 

addresses GHGs. We are proposing that the Arkansas SIP does not meet the requirements of 

section 110(a)(2)(D)(ii) for the 1997 8-hour ozone NAAQS, only as it relates to GHGs. EPA is 

also proposing to find that the Arkansas SIP does not meet the requirements of section 

110(a)(2)(D)(ii) with respect to the 1997 and 2006 PM2.5 NAAQS because the current Arkansas 

PSD SIP does not meet the requirements of section 110(a)(2)(C) with respect to the 

implementation of the PSD NSR program for the 1997 and 2006 PM2.5 NAAQS. 

Section 126(b) of the Act provides that any state or political subdivision may petition the 

Administrator for a finding that any major source or group of stationary sources emits or would 

emit any air pollutant in violation of the prohibition of section 110(a)(2)(D)(ii) of this title or this 

section. Within 60 days after receipt of any petition under this subsection and after public 

hearing, the Administrator shall make such a finding or deny the petition. We have not been 

 

17 Section 115(c) provides that this section shall apply only to a foreign country which the Administrator determines 

has given the United States essentially the same rights with respect to the prevention or control of air pollution 

occurring in that country as is given that country by this section. 
17

made aware of any such pending actions pursuant to CAA section 126(b), thus we are proposing 

that the Arkansas SIP meets this portion of section 110(a)(2)(D)(ii). 

5. Adequate resources and authority: Section 110(a)(2)(E) requires states to provide for 

adequate personnel, funding, and legal authority under state law to carry out its SIP and related 

issues. 

The State’s response: A.C.A. § 8-1-103 grants the Arkansas Pollution Control and Ecology 

Commission the authority to establish, by regulation, reasonable fees for initial issuance, annual 

review and modification of permits. ADEQ is authorized to collect the fees established by the 

Commission and shall deny the issuance of an initial permit, a renewal permit, or a modification 

permit if and when a facility fails or refuses to pay the fees after reasonable notice. 

A.C.A. § 8-1-202 states that the Director of the ADEQ’s duties include the day-to-day 

administration of all activities that the department is empowered by law to perform, including, 

but not limited to, the employment and supervision of such technical, legal, and administrative 

staff, within approved appropriations, as is necessary to carry out the responsibilities vested with 

the department. 

The Arkansas Pollution Control and Ecology Commission Regulation 9, Fee Regulation, Chapter 

5, Air Permit Fees, contains the air permit fees applicable to non-part 70 permits, part 70 permits 

and general permits. 

The requirements of §110(a)(2)(E)(ii) are not applicable because permit and enforcement orders 

are issued directly by ADEQ, not state boards or commissions. 

The requirements of §110(a)(2)(E)(iii) are not applicable to Arkansas because it does not rely on 

localities for specific SIP implementation. 

EPA analysis: Each SIP must show that the state has legal authority to carry out the plan (40 

CFR 51.230). Arkansas SIP revisions include a discussion on legal authority, with reference to 

Title 8 (Environmental Law), Chapter 1 of the Arkansas state statutes. The Arkansas Water and 

Air Pollution Control Act (AWAPCA), found in A.C.A. Title 8, Chapter 4 names the ADEQ as 

the State’s air pollution control agency and provides enforcement authority to the ADEQ (37 FR 

10841, May 31, 1972). ADEQ was originally created by the Arkansas General Assembly as the 

Arkansas Water Pollution Control Commission by Act 472 of 1949. Act 183 of 1965 changed 

the commission's name to the Arkansas Pollution Control Commission (APCC) and gave it the 

power to regulate air pollution. A reorganization of state government in 1971 renamed the APCC 

to the Arkansas Pollution Control and Ecology Commission (APCEC), and created the 

Department of Pollution Control and Ecology as a cabinet-level agency headed by a director 

appointed by the Commission. In 1996, the Arkansas General Assembly voted to rename the 

Department of Pollution Control and Ecology to the Arkansas Department of Environmental 

Quality, effective March 31, 1999. The Department is responsible for the day-to-day 

administration of the Commission’s regulations for a variety of environmental programs. 

The duties, powers and structure of the ADEQ (described in A.C.A. section 8-1-202) 

provide that the director is empowered to administer all activities “including, but not limited to 
18

the employment and supervision of such technical, legal, and administrative staff, within 

approved appropriations, as is necessary to carry out the responsibilities vested within the 

department”. The AWAPCA provides the ADEQ adequate authority with the powers and duties, 

in part, “to administer and enforce all laws and regulations relating to pollution of the air.” See 

A.C.A. section 8-4-311(7). Furthermore, the ADEQ has the power and duty to “cooperate with 

and receive moneys from the federal government or any other source for the study and control of 

air pollution.” See A.C.A. section 8-4-311(9)(A). 

Fees collected for the Title V and non-Title V permit programs, and other inspections, 

maintenance and renewals required of other air pollution sources also provide necessary funds to 

help implement the State’s air programs. These fees are discussed in detail below, in section 

II.11, regarding permitting fees (Section 110(a)(2)(L)). 

The ADEQ also receives federal funds, authorized pursuant to sections 103 and 105 of 

the Act. The section 103 funds support specific, non-recurring projects within the air program, 

thus the amount of funding can vary widely from year to year. The section 105 funds support the 

foundation of the State’s air quality program, including the air monitoring network and annual 

(recurring) air quality program activities. The section 105 funding levels are relatively consistent, 

varying not more than about 10% from year to year. The 105 funds require a 40% match from 

the State, while the 103 funds do not require a match. 

Section 110(a)(2)(E)(ii) requires that the state comply with section 128. Section 128 

requires: 1) that the majority of members of the state body which approves permits or 

enforcement orders do not derive any significant portion of their income from entities subject to 

permitting or enforcement orders under the CAA; and 2) any potential conflicts of interest by 

such body be adequately disclosed. As noted in the State’s response above, the Director of the 

ADEQ (appointed by the governor, not the APCEC), has the authority to issue permit and 

enforcement orders independently of the APCEC. However, EPA interprets the requirements of 

§110(a)(2)(E)(ii) to be applicable in this case, because the Director of the ADEQ would be 

construed as “the head of an executive agency with similar powers”. 

In 1982, the EPA approved the state’s submittal to demonstrate compliance of the SIP 

with Section 128 of the CAA (47 FR 19136). The submittal cited AWAPCA Section 82-1901 as 

demonstrating compliance with CAA Section 128(a)(1), and cited Arkansas Code of Ethics Law, 

Act 570 or 1979 as addressing CAA Section 128(a)(2). See Arkansas Code of Ethics Law, Act 

570 of 1979, Section 3: Use of Public Office to Obtain Special Privilege Prohibited; Section 4: 

Use and Disclosure of Information Acquired by Reason of Office – Activities Requiring 

Disclosure; Section 5: Requirement to File Statement; and Section 6: Statements – Period 

Retained – Public Access – Signature Required. The ADEQ submitted a letter to EPA Region 6 

to clarify that the requirements of §110(a)(2)(E)(ii) do apply to the Director of the ADEQ, and 

that EPA has already approved a state submittal to this effect. 

We are proposing that the Arkansas SIP meets the requirements of section 110(a)(2)(E). 

6. Stationary source emissions monitoring and reporting: Section 110(a)(2)(F) requires, 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. 
19

The State's response: Regulatory requirements have been codified in the Arkansas Pollution 

Control and Ecology Commission’s Regulation 19, Regulations of the Arkansas Plan of 

Implementation for Air Pollution Control, Chapter 7 (pertaining to sampling and testing). 

Requirements in Chapter 7, Reg. 19.705 provide for the reporting of emissions inventories in a 

format established by the ADEQ on a schedule set forth in the section. In addition, Reg. 19.705 

requires the submission of emission statements 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 Water 

and Air Pollution Control Act and those provisions of A.C.A. §§ 8-4-310 and 8-4-311. Elements 

of the program for enforcement are found in the monitoring, recordkeeping and reporting 

requirements for sources in these control measures as well as individual SIP permits. 

EPA analysis: APCEC Regulation 19, Chapter 7 provides the ADEQ with authority to require 

monitoring and recordkeeping by owners or operators of stationary sources. The authority to 

require the submittal of emissions data to develop an emissions inventory is provided at Chapter 

7, Reg. 19.705. 

 Regulation 19, chapters 2-4, 7-10 and 13 require source monitoring for compliance, 

recordkeeping and reporting, and provide for enforcement, with respect to the NAAQS for PM2.5, 

ozone and their precursors. These source monitoring program requirements generate data for 

ozone and PM2.5 and their precursors. 

The ADEQ collects and analyzes emissions data from point, area, mobile, and biogenic 

(natural) sources. The ADEQ uses this data to track progress towards attaining the NAAQS, 

develop control and maintenance strategies, identify sources and general emission levels, and 

determine compliance with state and federal requirements. Arkansas emissions data are available 

on the ADEQ website (http://www.adeq.state.ar.us) and EPA’s AirData website 

(www.epa.gov/air/data/index.html). A list of the State’s SIP-approved rules is provided in Table 

4 below. 

 The National Emissions Inventory (NEI) is EPA’s central repository for air emissions 

data. EPA published the Air Emissions Reporting Rule (AERR) on December 5, 2008, which 

modified the requirements for collecting and reporting air emissions data (73 FR 76539). The 

AERR shortened the time states had to report emissions data from 17 to 12 months, giving states 

one calendar year to submit emissions data. All states are required to submit a comprehensive 

emissions inventory (EI) every three years and report emissions for certain larger sources 

annually through EPA’s online Emissions Inventory System. States report emissions data for the 

six criteria pollutants and the precursors that form them – NOx, SO2, ammonia, lead, carbon 

monoxide, PM, and VOCs. Many states also voluntarily report emissions of hazardous air 

pollutants. EPA compiles the emissions data, supplementing it where necessary, and releases it to 

the general public through the website www.epa.gov/ttn/chief/eiinformation.html. 

There are two additional requirements that Arkansas must meet regarding emissions 

inventories: the EI requirement for nonattainment areas, and the requirement to submit annual EI 

data to EPA’s NEI database. For the Crittenden County ozone nonattainment area, the ADEQ 
20

submitted an EI SIP with a 2002 base year which included NOx, VOC and CO data18. EPA 

approved this EI SIP on January 15, 2009 (74 FR 2383). The ADEQ is current with their 

submittals to the NEI database; the 2008 data was submitted to EPA in 2010. The State’s 

emissions data are also available on EPA’s AirData website, which provides access to air 

pollution data for the entire United States and can produce reports and maps of air pollution data 

based on criteria specified by the user (www.epa.gov/air/data/index.html). We are proposing 

that the Arkansas SIP meets the requirements of section 110(a)(2)(F). 

We note the following chapters within the State SIP as relevant to meet the requirements of 

section 110(a)(2)(F): 

APCEC Regulation 19 

Chapter 2 Definitions 

Chapter 3 Protection of the National Ambient Air Quality Standards 

Chapter 4 Minor Source Review 

Chapter 7 Sampling, Monitoring and Reporting Requirements 

Chapter 8 111(D) Designated Facilities 

Chapter 9 Prevention of Significant Deterioration 

Chapter 10 Regulations for the Control of Volatile Organic Compounds in Pulaski County 

Chapter 13 Stage I Vapor Recovery 

Requirements for stationary sources subject to emission standards as part of an applicable 

plan to install, calibrate, maintain, and operate equipment for continuously monitoring and 

recording emissions are provided in the Arkansas SIP. References are provided in Table 4 below. 

Table 4: Arkansas rules relevant to meeting section 110(a)(2)(F), as submitted by ADEQ: 

Section of SIP Referenced in Arkansas’s Submittal EPA Approval/FR Citation 

Regulation 19, Chapter 2 October 16, 2000 at 65 FR 61108 

April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 3 October 16, 2000 at 65 FR 61108 

April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 4 October 16, 2000 at 65 FR 61108 

April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 7 October 16, 2000 at 65 FR 61108 

April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 8 October 16, 2000 at 65 FR 61108 

April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 9 October 16, 2000 at 65 FR 61108 

April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 10 October 16, 2000 at 65 FR 61108 

April 12, 2007 at 72 FR 18394 

Regulation 19, Chapter 13 April 12, 2007 at 72 FR 18394 

 

18 At the time of this submittal, Crittenden County was classified as moderate nonattainment of the 1997 8-hour 

ozone NAAQS. On March 24, 2010, EPA approved the state’s February 14, 2009 request to redesignate Crittenden 

County to attainment for the 1997 8-hour ozone NAAQS (75 FR 14077). 
21

7. Emergency power: Section 110(a)(2)(G) requires states to provide for authority to address 

activities causing imminent and substantial endangerment to public health, including 

contingency plans to implement the emergency episode provisions in their SIPs. 

The State’s response: A.C.A. § 8-1-202(b)(2)(C) empowers ADEQ to issue orders under 

circumstances that reasonably require emergency measures to be taken to protect the 

environment or the public health and safety. The Arkansas Pollution Control and Ecology 

Commission Regulation 8, Administrative Procedures, Reg. 8.502 requires ADEQ to publish a 

Notice of Emergency Order in a newspaper covering the affected area, or in a newspaper of 

statewide circulation. The notice must contain a description of the action, ADEQ’s authority for 

taking the action and other information to assure the public is informed about the action. 

A.C.A. § 8-4-202(e)(1) empowers the Arkansas Pollution Control and Ecology Commission to 

declare an emergency and implement emergency rules, regulations, suspensions, or moratoria on 

categories or types of permits if the Commission determines that imminent peril to the public 

health, safety, or welfare requires immediate change in the rules or immediate suspension or 

moratorium on categories or types of permits. 

The Arkansas Pollution Control and Ecology Commission’s Regulation 8, Administrative 

Procedures, Reg. 8.807 authorizes the Commission to waive or reduce the notice requirements in 

cases involving emergency rulemaking. No emergency rule shall be effective for more than one 

hundred eighty (180) days. 

EPA analysis: The ADEQ has authority to formulate contingency plans for environmental 

emergencies, pursuant to A.C.A. sections 8-1-202(b)(2)(C) and 8-4-202(e)(1). Further, the 

ADPCE promulgated the “Prevention of Air Pollution Emergency Episodes” plan, which 

includes contingency measures, and these provisions were approved into the SIP on May 31, 

1972 (37 FR 10850). The criteria for ozone are based on a 1-hour average ozone level. These 

episode criteria and contingency measures are adequate to address ozone emergency episodes 

and are in the federally approved SIP. 

EPA compared the State rules to 40 CFR 51 Subpart H – Prevention of Air Pollution 

Emergency Episodes and Appendix L to Part 51 - Example Regulations for Prevention of Air 

Pollution Emergency Episodes. Subpart H provides a classification system for episode plans. 

Each region in a state is classified separately with respect to each of the following pollutants: 

Sulfur dioxide, particulate matter, carbon monoxide, nitrogen dioxide, and ozone (40 CFR 

51.150). An area classified as a Priority I region for ozone has ambient concentrations greater 

than 195 micrograms per cubic meter (denoted μg/m3

) or 0.10 ppm for a 1-hour maximum. The 

regulations do not establish Priority II regions for ozone. For particulate matter a Priority I region 

has ambient concentrations greater than 95 μg/m3

 annual geometric mean or 325 μg/m3 for a 24-

hour maximum. A Priority II region is any area which is not a Priority I region and has ambient 

concentrations between 60–95 μg/m3 annual geometric mean or 150–325 μg/m3 for a 24-hour 

maximum. A Priority IA Region is any area which is Priority I primarily because of emissions 

from a single point source. Areas that do not meet the criteria for Priority I or II are classified 

Priority III. Table 5 below summarizes the classifications for ozone and PM. 

Table 5: Classification of Regions for Episode Plans for Ozone and Particulate Matter 
22

(40 CFR 51.150) 

Parameter Priority I Priority II Priority III 

Ozone Ambient concentrations 

> 195 μg/m3 (0.10 ppm) 

1-hour maximum 

Not defined Areas which do not 

meet the criteria for 

Priority I 

Particulate 

matter 

Ambient concentrations 

> 95 μg/m3

 annual geometric 

mean; 325 μg/m3 24-hour 

maximum 

Ambient concentrations 

between 60-95 μg/m3

annual geometric mean; 

150-325 μg/m3

24-hour maximum. 

Areas which do not 

meet the criteria for 

Priority I or II 

The significant harm level (SHL) for the 8-hour ozone NAAQS will remain unchanged as 

0.6 parts per million ozone, 2-hour average, as indicated in 40 CFR 51.151. EPA believes that 

the existing ozone-related provisions of 40 CFR Subpart H remain appropriate. Therefore, EPA 

expects that for purposes of the 1997 8-hour ozone NAAQS, states need only to confirm that 

they have existing emergency episode plan provisions consistent with EPA’s existing regulatory 

requirements.19

While the state has appropriate general emergency powers to address PM2.5 related 

episodes, SHLs for PM2.5 are not provided under Subpart H, nor have SHLs for the 1997 PM2.5

standards been proposed by EPA. The Arkansas SIP has not been revised to address contingency 

plans for PM2.5. To evaluate whether the Arkansas SIP provides adequate contingency plans for 

the 1997 PM2.5 NAAQS, EPA used guidance issued in 2009 for the 2006 PM2.5 NAAQS.20, 21 

The 2009 Guidance for PM2.5 recommends that a state with at least one monitored 24-hour PM2.5

value exceeding 140.4 μg/m3 since 2006 establish an emergency episode plan and contingency 

measures to be implemented should such level be exceeded again. Additionally, the 2009 

Guidance for PM2.5 recommends that if no area of a state has exceeded this 140.4 μg/m3 level 

since 2006 and the state has appropriate general emergency powers to address PM2.5 related 

episodes, then no specific emergency episode plans are necessary at this time given the existing 

monitored levels. The 2006-2010 data for Arkansas22 do not exceed 140.4 μg/m3 and have 

consistently remained below the level of 140.4 μg/m3. In fact, these data indicate that levels of 

PM2.5 in Arkansas have stayed below 100 μg/m3

. In addition, Subpart H at 51.153 provides for 

reevaluation of episode plans and requires that, “States should periodically reevaluate priority 

classifications of all Regions or portion of Regions within their borders. The reevaluation must 

consider the three most recent years of air quality data. If the evaluation indicates a change to a 

higher priority classification, appropriate changes in the episode plan must be made as 

expeditiously as practicable.” The Arkansas data does not indicate a change to a higher priority, 

but suggests that emergency episode plans for the PM2.5 NAAQS are not needed at this time. 

We are proposing that the Arkansas SIP meets the requirements of section 110(a)(2)(G). 

 

19 October 2, 2007 Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone 

and PM2.5 NAAQS, Memorandum from William T. Harnett, Director, Air Quality Policy Division, OAQPS. 20 “Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the 2006 24-Hour Fine Particle (PM2.5) 

National Ambient Air Quality Standards (NAAQS)”, September 29, 2009 memorandum from William T. Harnett, 

Director, Air Quality Policy Division to Regional Air Division Directors. 

21 On October 17, 2006, EPA revised the 24-hour PM2.5 NAAQS from 65 μg/m3

 to 35 μg/m3 (see 71 FR 61144). 22 The PM data are available to the public through the State website (www.adeq.state.ar.us/techsvs/pmmonitors.asp).
23

8. Future SIP revisions: Section 110(a)(2)(H) requires states to have the authority to revise 

their SIPs in response to changes in the NAAQS, availability of improved methods for attaining 

NAAQS, or in response to an EPA finding that the SIP is substantially inadequate. 

The State’s response: The Arkansas Pollution Control and Ecology Commission’s Regulation 19, 

Regulations of the Arkansas Plan of Implementation for Air Pollution Control, Chapter 1, 

provides a clear delineation of those regulations that are promulgated by the Commission in 

satisfaction of certain requirements of the CAA. 

A.C.A. § 8-4-311(a)(7) empowers ADEQ to administer and enforce all laws and regulations 

relating to pollution of the air. 

A.C.A. § 8-4-202(d)(4)(A) authorizes the Arkansas Pollution Control and Ecology Commission 

to refer to the Code of Federal Regulations for and Commission standard or regulation that is 

identical to a regulation promulgated by the United States Environmental Protection Agency. 

EPA analysis: The AWAPCA, Section 82-1935(1), empowers the APCEC to “formulate 

and promulgate, amend, repeal, and enforce rules and regulations implementing or effectuating 

the powers and duties of the Commission [...] to control air pollution”. In addition, A.C.A. 8-4-

202(d)(4)(A) authorizes the Commission to “refer to the CFR for regulations and standards 

identical to those sanctioned by EPA.” Further, APCEC Regulation 19, Chapter 1 outlines the 

Federal programs that ADEQ is responsible for administering, as well as those regulations that 

are promulgated by the APCEC to satisfy certain requirements of the CAA. Thus, Arkansas has 

the authority to revise its SIP from time to time as may be necessary to account for revisions of 

the NAAQS, adopt more effective methods of attaining the NAAQS, and respond to EPA SIP 

calls. We are proposing that the Arkansas SIP meets the requirements of section 110(a)(2)(H). 

9. Consultation, public notice, and PSD and visibility protection: Section 110(a)(2)(J) 

requires states to provide a process for consultation with local governments and Federal Land 

Managers carrying out NAAQS implementation requirements pursuant to section 121 relating to 

consultation. Section 110(a)(2)(J) further requires states to notify the public if NAAQS are 

exceeded in an area and to enhance public awareness of measures that can be taken to prevent 

exceedances. Section 110(a)(2)(J) also requires States to meet applicable requirements of Part C 

related to prevention of significant deterioration and visibility protection. 

The State's response: Arkansas has incorporated by reference into the Arkansas Pollution Control 

and Ecology Commission’s Regulation 19, Regulations of the Arkansas Plan of Implementation 

for Air Pollution Control, Chapter 9, the requirements in 40 CFR 52 under section 161 of the 

CAA (42 U.S.C.A. § 7471) for prevention of significant deterioration of air quality in their 

entirety, with the exception of 40 CFR 52.21(b)(2)(iii)(a), 40 CFR 52.21(b)(55-58), 40 CFR 

52.21(i) and 40 CFR 52.21(cc). These provisions were approved by EPA as part of the SIP. 

The public is notified of concentrations that exceed the NAAQS from the ADEQ website 

(www.adeq.state.ar.us) that contains hourly concentrations of PM2.5 taken from monitoring sites 

throughout the state. These monitoring sites also upload data to EPA’s AirNow website, which 

provides data to the public. 
24

ADEQ is using PM10 as a surrogate for PM2.5 until EPA establishes the necessary tools to 

evaluate PM2.5 under the Prevention of Significant Deterioration program. 

On September 17, 2008, ADEQ submitted a Regional Haze Rule SIP to EPA that is currently 

under review. 

 

EPA analysis: Regarding consultation with government officials, section 110(a)(2)(J) requires 

states to provide a process for consultation with local governments and Federal Land Managers 

carrying out NAAQS implementation requirements pursuant to section 121 of the Act, relating to 

consultation. Section 121(1) addresses any transportation controls, air quality maintenance plan 

requirements or preconstruction review of direct sources of air pollution, and section 121(2)(B) 

addresses measures pertaining to PSD. 

The AWAPCA, as codified under A.C.A. section 8-1-203 provides that the APCEC 

“shall meet regularly in publicly noticed open meetings to discuss and rule upon matters of 

environmental concern” prior to the adoption of any rule or regulation implementing the 

substantive statutes charged to the ADEQ for administration. In addition, A.C.A. section 8-4-

311 provides that the ADEQ or its successor shall have the power and duty “to 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.” 

Further, Regulation 19.904(D) provides that ADEQ shall make determinations that a source may 

affect air quality or visibility in a mandatory Class I federal area based on screening criteria 

agreed upon by the Department and the Federal Land Manager (see 72 FR 18394)..We are 

proposing that the Arkansas SIP meets this portion of section 110(a)(2)(J). 

Section 110(a)(2)(J) further requires states to notify the public if NAAQS are exceeded in 

an area and to enhance public awareness of measures that can be taken to prevent exceedances. 

Public notification begins with the air quality forecasts, which advise the public of conditions 

capable of exceeding the 8-hour ozone23 and PM2.5 NAAQS. The air quality forecasts can be 

found on the ADEQ website: for 8-hour ozone and PM2.5, the forecast includes 2 regions24 in the 

State. Ozone forecasts are made daily during the ozone season for each of the forecast areas.25 

The ozone forecasts are made, in most cases, a day in advance by 2 p.m. local time and are valid 

for the next day. When the forecast indicates that ozone levels will be above the 8-hour ozone 

standard, the ADEQ and the Arkansas Department of Health issue an Ozone Health Advisory. 

In addition, the State implements an Ozone Action Day (OAD) program26 and will issue 

an ozone alert in the afternoon on the day before an elevated level of ozone is expected to occur. 

Announcements for an OAD will be broadcast through television and other news media, and to 

employers participating in the OAD program. The OAD program includes examples of actions 

 

23 The ADEQ forecasts for 8-hour ozone are based on the 2008 ozone standard, which is 75 ppb. 24 The 2 forecast areas for 8-hour ozone and PM2.5 are Little Rock and Springdale. See 

www.adeq.state.ar.us/techsvs/default.htm 

25 Ozone is a gas composed of three oxygen atoms. Ground level ozone is generally not emitted directly from a 

vehicle’s exhaust or an industrial smokestack, but is created by a chemical reaction between NOx and VOCs in the 

presence of sunlight and high ambient temperatures. Thus, ozone is known primarily as a summertime air pollutant. 

For Arkansas, the ozone season runs from March 1 through November 31 (see 40 CFR 58, Appendix D, Table D-3). 

The Arkansas air quality control regions are defined at 45 FR 6571 (January 29, 1980). 

26 For coordinating agencies, participating counties and other information, please see 

http://www.adeq.state.ar.us/air/ozone/ozonedays.asp.
25

that can be implemented by individuals and organizations to reduce ozone levels and exposure to 

ozone. Also through the Metroplan website, the public can subscribe to an electronic information 

system that provides air quality forecast and ozone alert information via e-mail. Ozone data are 

posted on the ADEQ website; current, regional hourly and regional 8-hour ozone data are posted 

hourly (see http://www.adeq.state.ar.us/techsvs/ozonemonitors.asp). Provisions regarding public 

availability of emission data were also approved into the Arkansas SIP on April 12, 2007 (72 FR 

18394). We are proposing that the Arkansas SIP meets this portion of section 110(a)(2)(J). 

Regarding PSD and visibility protection: Section 110(a)(2)(J) requires States to meet 

applicable requirements of Part C related to prevention of significant deterioration and visibility 

protection. As detailed in Section II.3 in this TSD (addressing section 110(a)(2)(C)), the 

Arkansas PSD program, with the exception of GHGs, has been approved into the SIP. EPA is not 

proposing to approve the PSD program in full pursuant to section 110(a)(2)(J) because Arkansas 

does not have adequate legal authority to implement the PSD permitting program with respect to 

GHG emissions. The State has a FIP for the PSD program related to permitting GHGs at or 

above the Tailoring Rule thresholds (75 FR 82246). 

EPA approved Arkansas’s Visibility Protection Plan (Protection of Visibility in 

Mandatory Class I Federal Areas) into the Arkansas SIP on February 10, 1986 (51 FR 4910). 

EPA approved revisions to the Arkansas Visibility Protection Plan and approved a Long-Term 

Strategy for Visibility Protection into the Arkansas SIP on July 21, 1988 (53 FR 27514). The 

State’s most recent SIP revision of their Regional Haze program was submitted to EPA on July 

29, 2008, and we will take action on it in a separate rulemaking. With regard to the applicable 

requirements for visibility protection, EPA recognizes that states are subject to visibility and 

regional haze program requirements under sections 169A and 169B of the Act. In the event of 

the establishment of a new NAAQS, however, these visibility and regional haze program 

requirements do not change. Thus, we find that there is no new visibility obligation triggered 

under section 110(a)(2)(J) when a new NAAQS becomes effective. We are proposing that the 

Arkansas SIP meets the visibility portion of section 110(a)(2)(J). 

Regarding PSD and visibility protection, we are proposing to find that the Arkansas SIP 

meets the requirements of this portion of section 110(a)(2)(J) with respect to the 1997 8-hour 

ozone NAAQS with the exception of section 110(a)(2)(J) as it relates to the GHG component of 

the PSD program. EPA is proposing disapproval of section 110(a)(2)(J) as it relates to the GHG 

component of the PSD program with respect to the 1997 8-hour ozone NAAQS. EPA is also 

proposing to find that the Arkansas SIP does not meet the requirements of this portion of section 

110(a)(2)(J) with respect to the 1997 and 2006 PM2.5 NAAQS as it relates to the PSD program. 

For Arkansas to meet the requirements of the PSD portion of section 110(a)(2)(J), it must 

comply with section 110(a)(2)(C).27 To implement section 110(a)(2)(C) for the 1997 and 2006 

PM2.5 standards, states were required to submit PSD NSR SIP revisions for the PM2.5 standards 

by May 16, 2011 (73 FR 28321, May 16, 2008). At present, Arkansas has not submitted 

revisions to satisfy this requirement. Therefore, Arkansas fails to meet the requirements of 

section 110(a)(2)(C) for the 1997 and 2006 PM2.5 NAAQS. We are proposing to find that the 

current Arkansas PSD SIP does not meet the requirements of section 110(a)(2)(J) with respect to 

the 1997 and 2006 PM2.5 NAAQS. 

 

27 CAA Section 110(a)(2)(J) requires, among other things, that each implementation plan “meet[s] the applicable 

requirements of [110(a)(2)(C)]”. 
26

10. Air quality modeling and submission of data: Section 110(a)(2)(K) requires that SIPs 

provide for performing air quality modeling for predicting effects on air quality of emissions 

from any NAAQS pollutant and submission of such data to EPA upon request. 

The State’s response: Arkansas has submitted the Emissions Inventory SIP revision pertaining to 

Crittenden County during calendar years 2006 and 2007. These plans submitted the necessary 

modeling where required. The status of this SIP revision is below: 

The Emissions Inventory SIP for Crittenden County was submitted to EPA and approved on 

January 15, 2009. 

EPA analysis: The EPA currently does not have regulations concerning modeling for the SIP 

demonstration purposes, but has issued guidance.28 Modeling and emissions reductions measures 

have been submitted by Arkansas and approved into the SIP. For example, we reference the air 

modeling and emissions reductions data submitted within the Crittenden County Economic 

Development Zone SIP revisions, as well as the demonstration of maintenance of the 1997 8-

hour ozone standard in Crittenden County. The measures in these SIPs were approved by EPA 

and adopted into the SIP.29

This section of the Act also requires that a SIP provide for the submission of data related 

to such air quality modeling to the EPA upon request. A.C.A. section 8-4-311 authorizes ADEQ 

to cooperate with the federal government, allowing it to make this submission to the EPA. We 

are proposing that the Arkansas SIP meets the requirements of section 110(a)(2)(K). 

11. Permitting fees: Section 110(a)(2)(L) requires SIPs to require each major stationary source 

to pay permitting fees to cover the cost of reviewing, approving, implementing and enforcing a 

permit. 

The State's response: The fee requirements of the Arkansas Pollution Control and Ecology 

Commission’s Regulation 26, Regulations of the Arkansas Operating Air Permit Program, 

Chapter 11, were approved by EPA as meeting the CAA requirements and were incorporated 

into Arkansas’s SIP. Arkansas’s Title V operating permit program in Chapter 11, was approved 

October 9, 2001. 

The Arkansas Pollution Control and Ecology Commission Regulation 9, Fee Regulation, Chapter 

5, Air Permit Fees, contains the air permit fees applicable to non-part 70 permits, part 70 permits 

and general permits. 

EPA analysis: The AWAPCA authorizes the director of the ADEQ to propose the assessment of 

civil penalties as provided by law and take all actions necessary to collect such penalties (8-1-

202(b)(B)(ii)). These penalties are codified in APCEC Regulation 9, Chapter 5, providing 

 

28 See EPA’s “Guidance on the Use of Models and Other Analyses in Attainment Demonstrations for the 8-hour 

Ozone NAAQS,” October 2005; and “Guidance on the Use of Models and Other Analyses for Air Quality Goals in 

Attainment Demonstrations for Ozone, PM2.5, and Regional Haze,” April 2007. 

29 See the Economic Development Zone implementation for the Crittenden County 1997 8-hour O3 nonattainment 

area, approved by EPA and adopted into the SIP on April 12, 2007 (72 FR 18394), and the Crittenden County 1997 

8-hour O3 maintenance plan, approved by EPA and adopted into the SIP on March 24, 2010 (75 FR 14077). 
27

authority for the ADEQ to charge and collect fees for Title V and non-Title V permit 

applications, revisions, renewals, and inspections. The non-Title V rules that address permit fees 

found in APCEC Regulation 9, Chapter 5 are in the federally approved SIP..The sections in the 

Arkansas SIP that address fees are listed in Table 6 below. 

Table 6: Arkansas rules relevant to meeting section 110(a)(2)(L): 

Relevant Section of the Arkansas SIP EPA Approval/FR Citation

Reg.9.501 – Applicability November 12, 1986 at 51 FR 40975 

Reg.9.502 – Terms Used in Fee Formulas 51 FR 40975 

Reg.9.503 – Initial Fees 51 FR 40975 

Reg.9.504 – Annual Fees 51 FR 40975 

Reg.9.505 – Modification Fees 51 FR 40975 

Reg.9.506 – Administrative Permit 

Amendments and Renewal Permits 

51 FR 40975 

Reg.9.507 – General Permits 51 FR 40975 

Reg.9.508 – Permit Fees for Certain Small 

Businesses Subject to Part 70 Permitting 

Requirements 

51 FR 40975 

The sections listed in Table 6 above are in the Arkansas SIP and meet the requirements of 

section 110(a)(2)(L). We are proposing that the Arkansas SIP meets the requirements of section 

110(a)(2)(L). 

12. Consultation/participation by affected local entities: Section 110(a)(2)(M) requires states 

to provide for consultation and participation in SIP development by local political subdivisions 

affected by the SIP. 

The State’s response: Pursuant to the Arkansas Pollution Control and Ecology Commission’s 

Regulation Number 8, Administrative Procedures, Arkansas will continue to provide for 

consultation and participation from those affected by the SIP. (Reg. 8.205 Public Notice of 

Permit Application; Reg. 8.207 Public Notice of Draft Permitting Decision; Reg. 8.405 Public 

Notice of Notices of Violations and Consent Administrative Orders; and Reg. 8.801 Public 

Notice of Rulemaking.) 

In addition, ADEQ participates in the Central Regional Air Planning Association, which is an 

organization of states, tribes, federal agencies and other interested parties concerned with air 

quality. Through these interactions and public participation on rule and plan development, the 

requirements of 110(a)(2)(M) are fulfilled. We believe the public notice and hearing processes 

fulfill the requirements for consultation with local political subdivisions affected by the SIP. 

EPA analysis: As referenced in the State’s response above, APCEC Regulation 8 provides for 

consultation and participation in SIP development by effected local political subdivisions; 

However, this regulation has been adopted on the state level, but EPA has not approved it into 

the SIP. 

As described under element J above, regarding consultation with government officials 

and public notification, the Arkansas statute under A.C.A. section 8-1-203 provides that the 
28

APCEC “shall meet regularly in publicly noticed open meetings to discuss and rule upon matters 

of environmental concern” prior to the adoption of any rule or regulation implementing the 

substantive statutes charged to the ADEQ for administration. (A.C.A. 8-1-203(a)). In addition, 

the AWAPCA provides that the ADEQ shall have the power to “advise, consult and cooperate 

with other agencies of the State, political subdivisions, other states, the federal government, and 

with affected groups”. (See A.C.A. 8-4-311(a)(2)). These rules are in the Federally-approved 

SIP. We are proposing that the Arkansas SIP meets the requirements of section 110(a)(2)(M). 

III. EPA’s Recommendation

We reviewed the Arkansas submittal, SIP, and air quality data for ozone and PM2.5 for 

compliance with the infrastructure requirements of sections 110(a)(1) and (2) of the Act for the 

1997 8-hour ozone and 1997 and 2006 PM2.5 standards. We recommend that EPA propose to 

partially approve and partially disapprove the Arkansas SIP submittals that identify where and 

how the 14 basic infrastructure elements are incorporated in the EPA-approved SIP as specified 

in section 110(a)(2) of the Act for the 1997 8-hour ozone and 1997 and 2006 PM2.5 standards and 

as described in Section III.B below. In addition, we recommend that EPA propose to partially 

approve and partially disapprove the Arkansas SIP submittal for Interstate Transport as specified 

in section 110(a)(2)(D)(i)(II) of the Act for the 1997 8-hour ozone standard, and disapprove the 

Arkansas SIP submittal for Interstate Transport as specified in section 110(a)(2)(D)(i)(II) of the 

Act for the 2006 PM2.5 standard as described in Section III.C below. 

A. What is a Partial Approval, Partial Disapproval? 

 Section 110(k)(3) of the Act states that EPA may partially approve and partially 

disapprove a SIP submittal if it finds that only a portion of the submittal meets the requirements 

of the Act. We believe that the Arkansas SIP meets a majority of the requirements of section 

110(a)(2) of the Act and that specific portions of three elements of section 110(a)(2) are not 

met.30 Because the portions proposed for disapproval are independent from those proposed for 

approval, we believe that the Arkansas Infrastructure SIP can be partially approved and partially 

disapproved. 

 Enforcement of a state regulation (or rule) before and after it is incorporated into the 

federally approved SIP is primarily a state responsibility. However, after the rule is federally 

approved, we are authorized to take enforcement action against violators. Citizens are also 

offered legal recourse to address violations as described in section 304 of the Act. If a state rule 

is disapproved, it is not incorporated into the federally approved SIP, and is not enforceable by 

EPA or by citizens under section 304. In the case of a revision to a federally approved state rule, 

disapproval of the revision means that the underlying rule prior to the state's April 4, 2008 

submittal remains as the federally enforceable requirement. Disapproval of any of the Arkansas 

infrastructure SIP elements would not trigger sanctions under section 179 of the Act, because the 

submittals are not required by part D of Title I of the Act and are not required by a call for a SIP 

revision under section 110(k)(5) of the Act. However, as noted earlier in this TSD, EPA 

published a finding on March 27, 2008 (73 FR 16205) regarding whether or not states had made 

the section 110(a)(2) submissions for ozone and found that Arkansas had failed to make a 

complete submission. This finding started a 24-month deadline for promulgation by EPA of a 

FIP. EPA’s disapproval of the infrastructure and transport elements here do not engender an 

additional statutory obligation, because EPA promulgated a FIP for the Arkansas PSD program 

 

30 The three elements refer to the infrastructure and transport SIP elements discussed in section II above. 
29

related to permitting GHGs at or above the Tailoring Rule thresholds (75 FR 82246). This FIP 

will remain in place until Arkansas submits and EPA approves revisions that address the 

disapproved infrastructure and transport elements (the portions of sections 110(a)(2)(C), 

110(a)(2)(J) and 110(a)(2)(D)(i)(II) that address PSD). The CSAPR addresses section 

110(a)(2)(D)(i)(I) for the 1997 ozone NAAQS for Arkansas.31 We will take action on the 

remaining prong of section 110(a)(2)(D)(i)(II), addressing visibility, in a separate rulemaking. 

B. EPA’s Recommendation on the Section 110(a)(1) and (2) Infrastructure SIP 

Elements 

For the 1997 Ozone NAAQS, we are proposing approval of the following elements:

Emission limits and other control measures, pursuant to section 110(a)(2)(A) of the Act; 

Ambient air quality monitoring/data system, pursuant to section 110(a)(2)(B) of the Act; 

Program for enforcement of control measures, pursuant to section 110(a)(2)(C) of the Act, 

except as it relates to GHGs; 

Interstate transport, pursuant to section 110(a)(2)(D)(ii) of the Act, except for the portion that 

addresses GHGs; 

Adequate resources, pursuant to section 110(a)(2)(E) of the Act; 

Stationary source monitoring system, pursuant to Section 110(a)(2)(F) of the Act; 

Emergency power, pursuant to section 110(a)(2)(G) of the Act; 

Future SIP revisions, pursuant to section 110(a)(2)(H) of the Act; 

Consultation with government officials, pursuant to section 110(a)(2)(J) of the Act; 

Public notification, pursuant to section 110(a)(2)(J) of the Act; 

Visibility protection, pursuant to section 110(a)(2)(J) of the Act; 

PSD, pursuant to section 110(a)(2)(J) of the Act, except as it relates to GHGs; 

Air quality and modeling/data, pursuant to section 110(a)(2)(K) of the Act; 

Permitting fees, pursuant to section 110(a)(2)(L) of the Act; 

Consultation/participation by affected local entities, pursuant to section 110(a)(2)(M) of the Act; 

For the 1997 Ozone NAAQS, we are proposing disapproval of the following elements:

Program for enforcement of control measures, pursuant to section 110(a)(2)(C) of the Act, only 

as it relates to GHGs; 

Interstate transport, pursuant to section 110(a)(2)(D)(ii) of the Act, only as it relates to GHGs; 

PSD, pursuant to section 110(a)(2)(J) of the Act, only as it relates to GHGs. 

We are also proposing to approve the Arkansas Interstate Transport SIP provisions that address 

the requirement of section 110(a)(2)(D)(i)(II) that emissions from sources in Arkansas do not 

interfere with measures required in the SIP of any other state under part C of the CAA to prevent 

significant deterioration of air quality, except as they relate to GHGs for the 1997 ozone 

NAAQS. 

We are proposing to disapprove the portion of the Arkansas Interstate Transport SIP provisions 

that address the requirement of section 110(a)(2)(D)(i)(II), as it relates to GHGs, that emissions 

from sources in Arkansas do not interfere with measures required in the SIP of any other state 

under part C of the CAA to prevent significant deterioration of air quality, for the 1997 ozone 

NAAQS. 

 

31 76 FR 48208 
30

For the 1997 and 2006 PM2.5 NAAQS, we are proposing approval of the following elements:

Emission limits and other control measures, pursuant to section 110(a)(2)(A) of the Act; 

Ambient air quality monitoring/data system, pursuant to section 110(a)(2)(B) of the Act; 

Adequate resources, pursuant to section 110(a)(2)(E) of the Act; 

Stationary source monitoring system, pursuant to Section 110(a)(2)(F) of the Act; 

Emergency power, pursuant to section 110(a)(2)(G) of the Act; 

Future SIP revisions, pursuant to section 110(a)(2)(H) of the Act; 

Consultation with government officials, pursuant to section 110(a)(2)(J) of the Act; 

Public notification, pursuant to section 110(a)(2)(J) of the Act; 

Visibility protection, pursuant to section 110(a)(2)(J) of the Act; 

Air quality and modeling/data, pursuant to section 110(a)(2)(K) of the Act; 

Permitting fees, pursuant to section 110(a)(2)(L) of the Act; 

Consultation/participation by affected local entities, pursuant to section 110(a)(2)(M) of the Act; 

For the 1997 and 2006 PM2.5 NAAQS, we are proposing disapproval of the following elements:

Program for enforcement of control measures, pursuant to section 110(a)(2)(C) of the Act; 

Interstate transport, pursuant to section 110(a)(2)(D)(ii) of the Act; 

PSD, pursuant to section 110(a)(2)(J) of the Act. 

We are also proposing to disapprove the portion of the Arkansas Interstate Transport SIP that 

addresses the requirement of section 110(a)(2)(D)(i)(II)—that emissions from sources in 

Arkansas do not interfere with measures required in the SIP of any other state under part C of the 

CAA to prevent significant deterioration of air quality—for the 2006 PM2.5 NAAQS. 

C. EPA’s Recommendation on the Section 110(a)(1) and (2) Transport SIP 

Elements for the 1997 Ozone and 1997 and 2006 PM2.5 NAAQS 

We are proposing to approve the Arkansas Interstate Transport SIP provisions that 

address the requirement of section 110(a)(2)(D)(i)(II) for the 1997 8-hour ozone standard that 

emissions from sources in Arkansas do not interfere with measures required in the SIP of any 

other state under part C of the CAA to prevent significant deterioration of air quality, except as 

they relate to GHGs. We are proposing to disapprove the portion of the Arkansas Interstate 

Transport SIP provisions that address the requirement of section 110(a)(2)(D)(i)(II) for the 1997 

8-hour ozone standard, as it relates to GHGs, that emissions from sources in Arkansas do not 

interfere with measures required in the SIP of any other state under part C of the CAA to prevent 

significant deterioration of air quality. We are proposing to disapprove the Arkansas Interstate 

Transport SIP provisions that address the requirement of section 110(a)(2)(D)(i)(II) for the 2006 

PM2.5 standard that emissions from sources in Arkansas do not interfere with measures required 

in the SIP of any other state under part C of the CAA to prevent significant deterioration of air 

quality because the current Arkansas PSD SIP does not meet the requirements of section 

110(a)(2)(C) with respect to the implementation of the PSD NSR program for the 2006 PM2.5

NAAQS. We will act on the remaining three elements regarding interstate transport, per section 

110(a)(2)(D)(i) of the Act in a separate rulemaking. 

 
31

IV. References

1. Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour 

Ozone and PM2.5 NAAQS, Memorandum from William T. Harnett, Director, AQPD, OAQPS, to 

Air Division Directors; dated October 2, 2007. 

2. Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the 2006 24-Hour 

Fine Particle (PM2.5) NAAQS, Memorandum from William T. Harnett, Director, AQPD, 

OAQPS, to Regional Air Division Directors, dated September 25, 2009. 

3. Guidance for State Implementation Plan (SIP) Submission to Meet Current Outstanding 

Obligations Under Section 110(a)(2)(D)(i) for the 8-Hour Ozone and PM2.5 National Ambient 

Air Quality Standards” Memorandum from William T. Harnett, Director, AQPD, OAQPS, to 

Regional Air Division Directors; dated August 15, 2006 

4. Guidance on the Use of Models and Other Analyses in Attainment Demonstrations for the 8-

hour Ozone NAAQS, October 2005.32

5. Guidance on the Use of Models and Other Analyses for Air Quality Goals in Attainment 

Demonstrations for Ozone, PM2.5, and Regional Haze, April 2007. 

 

32 This and other EPA guidance addressing the use of models can be found at 

www.epa.gov/ttn/scram/guidance_sip.htm#8ozone.