1

Technical Support Document 

Revisions to the Arkansas State Implementation Plan, Regulation 19 – Chapter 9 

Greenhouse Gas Tailoring Rule Step 3 Provisions, Plantwide Applicability Limits 

Submitted January 7, 2014 

Received April 25, 2014 

March 16, 2015 

No material in this submittal package was designated as Confidential Business Information. 

FOR FURTHER INFORMATION CONTACT: 

Adina Wiley United States Environmental Protection Agency Region 6, Air Permits Section 

(6PD-R), 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733, (214) 665-2115. 
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Contents 

I. Executive Summary ............................................................................................................ 3

II. Background of State Submittal ........................................................................................... 3

III. Technical Review of State Submittal .................................................................................. 4

A. Part 51, Appendix V Evaluation of the January 7, 2014, SIP Submittal ......................... 5

B. Evaluation of the January 7, 2014, SIP submittal with respect to the federal 

requirements for PSD Permit Programs ......................................................................... 10

IV. Conclusion ........................................................................................................................ 18

 
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I. Executive Summary 

This Technical Support Document (TSD) reviews one proposed revision to the Arkansas State 

Implementation Plan (SIP) concerning the Prevention of Significant Deterioration (PSD) 

Permitting Program for Arkansas and provisions adopted for the use of plantwide applicability 

limit (PAL) PSD permits for emissions of greenhouse gases (GHGS). The PSD permitting 

program applies statewide for areas that are attainment or unclassifiable for pollutants regulated 

by the Clean Air Act (CAA). This review will determine if the PSD program revisions submitted 

on January 7, 2014, are consistent with the requirements of the CAA and EPA’s regulations, 

policy and guidance for the permitting of GHG emissions. 

II. Background of State Submittal 

The EPA approved revisions to the Arkansas PSD program on April 2, 2013, to provide the State 

of Arkansas the necessary authority to regulate emissions of GHGs consistent with the federal 

PSD requirements promulgated by EPA in the GHG Tailoring Rule. See 78 FR 19596. Since that 

time, the State of Arkansas has adopted and submitted one revision to the Arkansas PSD 

Program pertaining to emissions of GHGs on January 7, 2014. In a letter dated January 7, 2014, 

Governor Beebe submitted a revision to the Arkansas SIP that was adopted by the Arkansas 

Pollution Control and Ecology Commission on June 28, 2013. The submitted revision was 

effective on July 27, 2013. This SIP revision submittal included changes to the Arkansas 

Regulation 19, Chapter 9, sections 19.904(A)(1), 19.904(E)(3), and 19.904(G)(1). The EPA has 

taken no action to date on the January 7, 2014, SIP submittal. 

On March 4, 2015, the EPA also finalized approval of revisions to the Arkansas PSD program to 

provide the State of Arkansas the authority to regulate and permit emissions of fine particulate 

matter and its precursors consistent with federal requirements. See 80 FR 11573. Our March 4, 

2015, final action did not address the pending January 7, 2014, submittal regarding the GHG 

PSD PAL provisions. 
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III. Technical Review of State Submittal 

The January 7, 2014, SIP submittal revising the Arkansas PSD program to provide for permitting 

of GHG emissions through PSD PALs is evaluated for compliance with the relevant 

requirements of the Act and Title 40 of the Code of Federal Regulations (40 CFR) part 51 – 

Requirements for Preparation, Adoption, and Submittal of Implementation Plans. These 

requirements include, but are not limited to the following: 

1. §110(a)(2)(C) of the Act which provides:

(C) include a program to provide for the regulation of the modification and construction 

of any stationary source within the areas covered by the plan as necessary to assure that 

national ambient air quality standards are achieved, including a permit program as 

required in parts C and D;

2. §110(l) of the Act which provides:

(l) Plan Revisions. – Each revision to an implementation plan submitted by a State under 

this chapter shall be adopted by such State after reasonable notice and public hearing. 

The Administrator shall not approve a revision of a plan if the revision would interfere 

with any applicable requirement concerning attainment and reasonable further progress 

(as defined in section 171), or any other applicable requirement of the chapter.

3. 40 CFR 51.160 – Legally enforceable procedures. The regulatory text of 40 CFR 51.160 

is available on line at Electronic Code of Federal Regulations: 

http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=07e214c52bbfc82a2781e3e14c7616ca&rgn=div8&view=text&node=4

0:2.0.1.1.2.6.8.1&idno=40

4. 40 CFR 51.161 – Public availability of information. The regulatory text of 40 CFR 

51.161 is available on line at Electronic Code of Federal Regulations: 

http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=07e214c52bbfc82a2781e3e14c7616ca&rgn=div8&view=text&node=4

0:2.0.1.1.2.6.8.2&idno=40

6. 40 CFR 51.166 – Prevention of significant deterioration of air quality. The regulatory text 

of 40 CFR 51.166 is available on line at Electronic Code of Federal Regulations: 

http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=0dbbe52d31085f8454d6cbf1412e1557&rgn=div8&view=text&node=4

0:2.0.1.1.2.6.8.7&idno=40.

7. Other applicable requirements of the Act, 40 CFR part 51, and applicable policy and 

guidance will be identified in the evaluation where appropriate. 

Specifically, the January 7, 2014, submittal is first reviewed for completeness as a SIP submittal 

under Part 51, Appendix V. This will be followed by a detailed analysis of the submitted revised 

rules with respect to the SIP-approved definitions and permitting provisions to determine 

consistency with EPA regulations, guidance and whether the submitted provisions interfere with 

any applicable CAA provisions. This analysis produces a written evaluation used to make a 

determination of whether or not the January 7, 2014, GHG PSD PAL SIP revision is in 

agreement with the CAA, other EPA policies or guidance. 
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A. Part 51, Appendix V Evaluation of the January 7, 2014 SIP Submittal 

The criteria for completeness determination are found in Appendix V to Part 51 - Criteria for 

determining the completeness of plan submissions and are outlined below: 

1.0 Purpose: This appendix V sets forth the minimum criteria for determining whether a 

State implementation plan submitted for consideration by EPA is an official submission 

for purposes of review under § 51.103. 

1.1 The EPA shall return to the submitting official any plan or revision thereof which fails to 

meet the criteria set forth in this appendix V, and request corrective action, identifying 

the component(s) absent or insufficient to perform a review of the submitted plan. 

1.2 The EPA shall inform the submitting official whether or not a plan submission meets the 

requirements of this appendix V within 60 days of EPA's receipt of the submittal, but no 

later than 6 months after the date which the State was required to submit the plan or 

revision. If a completeness determination is not made by 6 months from receipt of a 

submittal, the submittal shall be deemed complete by operation of law on the date 6 

months from receipt. A determination of completeness under this paragraph means that 

the submission is an official submission for purposes of §51.103. 

The attached checklist outlines the basic criteria included under 2.1, 2.2, and 2.3 of Appendix V.
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SIP Completeness Checklist for the January 7, 2014 SIP Submittal 

Administrative Materials (2.1) 

1. The package is sent with a formal submittal letter from the Governor or his or her 

designee requesting EPA's approval of the revision. 

The SIP revision was submitted by a letter from Arkansas Governor Mike Beebe dated 

January 7, 2014. The SIP submittal was received by EPA Region 6 Air Planning Section 

on April 25, 2014. 

2. Evidence is included that the State has adopted the revision in the State code or body of 

regulations, or that the State has issued the permit, order, consent agreement (hereafter 

document) in final form. This evidence would include the date of adoption or final 

issuance and the effective date of revision, if different from adoption/issuance date. 

The revisions were adopted by the Arkansas Pollution Control and Ecology Commission 

on June 28, 2013, and became effective July 27, 2013. 

3. Evidence is included that the State has necessary legal authority under State law to adopt 

and implement the revision, e.g., a citation of the appropriate State authority. 

The Arkansas Pollution Control and Ecology Commission is authorized to adopt the 

amendments to APC&EC Regulation Number 19. Pursuant to Arkansas Code Annotated 

(A.C.C.) § 8-1-203(b)(1)(A), “Promulgation of rules and regulations implementing the 

substantive statutes charged to the Arkansas Department of Environmental Quality for 

administration.” 

4. A copy is included of the actual regulation or document submitted for approval and 

incorporation by reference into the SIP including an indication of the changes made to the 

existing approved plan where applicable. The submittal shall be a copy of the official 

State regulation document signed, stamped, and dated by the appropriate State official 

indicating that it is fully enforceable by the State. The effective date of the regulation 

document shall, whenever possible, be indicated in the document itself. 

 

The January 7, 2014, submittal included a copy of the official State regulation document, 

signed, stamped and dated by Stan Jorgensen, Chairman. The adopted rules were 

effective on July 27, 2013. 

5. Evidence is included that the State followed all the procedural requirements of its laws 

and/or its constitution in the conducting and completing the adoption/issuance of the 

plan. 

The SIP submittal package included a certification demonstrating the SIP submittal was 

developed pursuant to 40 CFR 51.104. 
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6. Evidence is included that public notice was given of the proposed changes consistent 

with the procedures approved by EPA, including the date of publication of such notice, 

(e.g., notarized or certified copies of any public notices published in newspapers). (The 

notice should be at least 30 days prior to the public hearing(s). 

Notices of public hearing and comment period for the regulation changes were published 

in the Arkansas Democrat Gazette on February 27 and 28, 2013. ADEQ conducted a 

public hearing for the regulation changes on April 2, 2013. 

Notices of public hearing and comment period for the SIP revision were published in the 

Arkansas Democrat Gazette on September 12, 2013. ADEQ conducted a public hearing 

for the SIP revision on October 14, 2013. 

7. A certification is included indicating that public hearing(s) was/were held in accordance 

with the information provided in the public notice(s) and the State's laws and 

constitution, if applicable. 

A responsive summary of the April 2, 2013 and October 14, 2013 public hearings was 

included that provided evidence the hearings were conducted pursuant to the Arkansas 

Pollution Control and Ecology Commission rulemaking procedures. 

8. A compilation of public comments and the State's response is included. 

The SIP submittal package did include a compilation of comments and the State’s 

response to comments. ADEQ received written comments from EPA Region 6. No oral 

comments were provided during the public hearings. 

Technical Support (2.2) 

The State should include the following technical information in its SIP revision request package. 

1. Identification of all regulated pollutants affected by the revision is included. 

The January 7, 2014 submittal revises the Arkansas PSD permitting regulations to enable 

permitting of GHG emissions statewide through a GHG PSD PAL. 

2. Identification of the locations of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the attainment 

plan for the affected area(s) is included. 

The January 7, 2014, revisions to Regulation 19.904(A)(1) and (G)(1) will apply to major 

sources subject to the PSD permitting program statewide. 

3. Quantification of the changes in SIP allowable emissions from the affected sources is 

included. (Examples include estimates of changes in current actual emissions from 

affected sources and/or, where appropriate, quantification of changes in actual emissions 
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from affected sources through calculations of the differences between certain baseline 

levels and allowable emissions anticipated if the revisions were approved.) 

Quantification of “SIP allowable emissions” is not required for the January 7, 2014, 

revisions to the Arkansas PSD permit program. A determination of “allowable 

emissions” consistent with the PSD permitting requirements will be addressed on a 

permit-by-permit basis. 

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration and 

visibility as applicable would be protected if the revision were approved and 

implemented. 

The January 7, 2014, revision to the Arkansas PSD permit program was adopted and 

submitted consistent with the revisions to the federal GHG PSD permitting requirements. 

Adoption of these revised rules will protect the NAAQS/PSD increments/RFP 

demonstration and visibility. 

5. FOR REDESIGNATIONS: 

 a. Is there a fully approved maintenance plan for the primary ambient air quality 

standards for at least 10 years as required by §175A of the Clean Air Act? 

 Not applicable. 

 b. Are contingency measures included? 

 Not applicable. 

6. Modeling information, if applicable, is required to support the proposed revision. 

Modeling information is not necessary to support the analysis and review of the January 

7, 2014, submitted regulatory provisions. Modeling will be provided on a permit-bypermit basis in accordance with the Arkansas PSD SIP regulations. 

7. Evidence is included where necessary, that emission limitations are based on continuous 

emission reduction technology (e.g., add-on controls, industrial/process equipment 

designs, reformulated materials, etc.). 

Evidence that emission limitations are based on continuous emission reduction 

technology is not necessary to support the analysis and review of the January 7, 2014, 

submitted regulatory provisions. Emission limitations will be established on a permit-bypermit basis in accordance with the PSD SIP regulations. 

8. Evidence is included indicating that a SIP revision contains emission limitations, work 

practice standards, and recordkeeping/reporting requirements to ensure stated emission 

levels. 
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The January 7, 2014, SIP submittal does not establish emission limitations, work practice 

standards, and recordkeeping/reporting requirements. They will be established on a 

permit-by-permit basis according to the applicable Arkansas PSD SIP requirements. 

9. Compliance/enforcement strategies including how compliance will be determined in 

practice (including at what frequency). 

The January 7, 2014 SIP submittal does not establish compliance/enforcement strategies. 

Each PSD SIP permit will separately address compliance/enforcement. 

10. As appropriate, special economic and technological justifications are included per 

applicable EPA policies or an explanation why such justifications are not necessary 

should be included. For example, requests for alternative RACT may require such 

justification. 

 These justifications are not necessary for January 7, 2014 SIP revision. 

The January 7, 2014 SIP submittal satisfies the completeness criteria established in 40 CFR 

part 51, Appendix V.
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B. Evaluation of the January 7, 2014 SIP submittal with respect to the federal requirements fo

Programs 

The following table evaluates the adopted changes to Regulation 19, Chapter 9 submitted on January 7, 2014. Thchanges intend to address the PSD permitting provisions of EPA’s July 12, 2012 final rule, the “Prevention of SiDeterioration and Title V Greenhouse Gas Tailoring Rule Step 3 and GHG Plantwide Applicability Limits,” for G

This table will provide a comparison of the existing SIP-approved language, the revised language and any applicrequirements – along with an analysis. 

Table 1: Evaluation of the January 7, 2014 SIP Submittal 

Regulatory Language EPA’s Ev

Regulation 19.901 Title As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, effective December 19, 2004, and submitted to EPA February 3, 2005. Approved by EPA April 12, 2007, effective May 14, 2007 EPA-R06-OAR-2005-AR-0001 The following rules and regulations of the Arkansas Pollution Control and Ecology Commission, adopted in accordance with the provisions of Part II of the Arkansas Water and Air Pollution Control Act at A.C.A §§8-4-101 et seq., shall be known as the Prevention of Significant Deterioration Regulations of the Arkansas Plan of Implementation for Air Pollution Control, hereinafter referred to, respectively, as the "PSD Regulations." 

No change submitted to thpermitting program. Langcontext. 

Regulation 19.902 Purposes As approved by the Arkansas Pollution Control and Ecology Commission on December 5, 2008, effective January 25, 2009, and submitted to EPA February 17, 2010. Approved by EPA April 2, 2013, effective May 2, 2013 EPA-R06-OAR-2012-0639 Promulgation and enforcement of these PSD Regulations is intended to further the purposes of the Plan and the Regulations of the Plan, including, but not limited to, acceptance of delegation by the EPA of 

authority for enforcement of regulations governing the prevention of significant deterioration of air quality and regulations governing the protection of visibility in mandatory Class I federal areas. 

No change submitted to thpermitting program. Langcontext. 

Regulation 19.903 Definitions As approved by the Arkansas Pollution Control and Ecology Commission on December 5, 2008, effective January 25, 2009, and submitted to EPA February 17, 2010. Approved by EPA April 2, 2013, effective May 2, 2013 EPA-R06-OAR-2012-0639 

No change submitted to thpermitting program. Langcontext. 
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Table 1: Evaluation of the January 7, 2014 SIP Submittal 

Regulatory Language EPA’s Ev

A. “Advance notification” (of a permit application) means any written communication which 

establishes the applicant's intention to construct, and which provides the Department with sufficient information to determine that the proposed source may constitute a major new source or major modification, and that such source may affect any mandatory Class I federal area, including, but not limited to, submittal of a draft or partial permit application, a PSD monitoring plan, or a sufficiently detailed letter. "Advance notification" does not include general inquiries about the Department's regulations. 

B. All other terms used herein shall have the same meaning as set forth in Chapter 2 of Regulation 19 

or in 40 CFR 52.21(b) [PSD] and 40 CFR 51.301 [Protection of Visibility], as of November 29, 

20005, all as in effect upon the latest date of amendment of this supplement, unless manifestly inconsistent with the context in which they are used. Wherever there is a difference between the definitions in Chapter 2 of Regulation 19 and those listed in 40 CFR 52.21(b) and 40 CFR 51.301, the federal definitions as listed in 40 CFR 52.21(b) and 40 CFR 51.301 as of November 29, 2005, shall apply. 

C. The definition for “routine maintenance, repair and replacement” in 40 CFR 52.21(b)(2)(iii)(a) is not 

incorporated. 

Regulation 19.904 Adoption of Regulations No change submitted to th

permitting program. Langcontext. 

As approved by the Arkansas Pollution Control and Ecology Commission on October 26, 2012, effective November 18, 2012, and submitted to EPA November 6, 2012. Approved by EPA April 2, 2013 (78 FR 19596) effective May 2, 2013 EPA-R06-OAR-2012-0639 

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, the Arkansas Department of Environmental Quality shall have those responsibilities and that authority, with reference to the State of Arkansas, granted to the Administrator of the EPA under 40 CFR 52.21 (a)(2) through (bb), as in effect on November 29, 2005, which are hereby 

As approved by the Arkansas Pollution Control and Ecology Commission on June 28, 2013, and submitted to EPA January 7, 2014. 

A. Except where manifestly inconsistent with the 

provisions of the Clean Air Act, as amended, or with federal regulations adopted pursuant thereto, and as amended specifically herein by paragraphs (B), (C), (D), (E), and (F), and (G) 

of Reg. 19.904, the Arkansas Department of Environmental Quality shall have those responsibilities and that authority, with reference to the State of Arkansas, granted to the Administrator of the EPA under 40 CFR 52.21 (a)(2) through (bb), as in effect on November 29, 2005, which are hereby incorporated herein by reference, with the exception of: 

The revised rules adopted submitted on January 7, 219.904(A)(1) incorporate PSD provisions for GHG 40 CFR 52.21(aa) as effecThe submitted revisions dreference the definition of at 40 CFR 52.21(b)(49). TRegulation 19.904(G) repEPA promulgated the GHon July 12, 2012, effective See 77 FR 41501. ADEQ incorporated by reference provisions. Note that the ADEQ has ias of a date certain, Augu
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Table 1: Evaluation of the January 7, 2014 SIP Submittal 

Regulatory Language EPA’s Ev

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 reference. 

1. 40 C.F.R. § 52.21(aa), which is 

incorporated by reference as in effect on August 13, 2012, except for instances in the sections of 40 C.F.R. § 52.21(aa) where 40 C.F.R. § 52.21(b)(49) is referenced. In those instances, paragraph (G) of Reg. 19.904 shall apply; and 

2. 40 CFR 52.21(b)(55-58), 40 CFR 

52.21(i)(9), and 40 CFR 52.21(cc), which are not incorporated. 

In the absence of a specific imposition of responsibility or grant of authority, the Department shall be deemed to have that responsibility and authority necessary to attain the purposes of the Plan, these PSD Regulations, and the applicable federal regulations, as incorporated herein by reference. 

revises the GHG PSD PA52.21(aa) in the future, the adopt and submit a SIP reconsistency with federal rThe revisions submitted to 19.904(A)(1) are approvabby reference of federal peeffect on August 13, 2012The revision submitted to renumbers an existing SIPThis change is non-substa

As approved by the Arkansas Pollution Control and Ecology Commission on October 26, 2012, effective November 18, 2012, and submitted to EPA November 6, 2012. Approved by EPA April 2, 2013 (78 FR 19596) effective May 2, 2013 EPA-R06-OAR-2012-0639 

B. Exclusions from the consumption of increments, as provided in 40 CFR 51.166(f)(1)(iii) as of 

November 29, 2005, shall be effective immediately. Submission of this Plan under the Governor's signature constitutes a request by the Governor for this exclusion. 

No change submitted to thpermitting program. Langcontext. 

As approved by the Arkansas Pollution Control and Ecology Commission on October 26, 2012, effective November 18, 2012, and submitted to EPA November 6, 2012. Approved by EPA April 2, 2013 (78 FR 19596) effective May 2, 2013 EPA-R06-OAR-2012-0639 

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

requirements [designated as Reg. 19.904(C)(1),(2),(3) and (4)] shall also apply: 1. Where air quality impact analyses required under this part indicate that the issuance of a permit 

for any major stationary source or for any major modification would result in the consumption of more than fifty percent (50%) of any available annual increment or eighty percent (80%) of 

No change submitted to thpermitting program. Langcontext. 
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Table 1: Evaluation of the January 7, 2014 SIP Submittal 

Regulatory Language EPA’s Ev

any short term increment, the person applying for such a permit shall submit to the Department an assessment of the following factors: a) Effects that the proposed consumption would have upon the industrial and economic 

development within the area of the proposed source; and 

b) Alternatives to such consumption, including alternative siting of the proposed source or 

portions thereof. 

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

permit and shall be made available for public inspection as provided in 40 CFR 52.21(q) as of November 29, 2005. 

3. The assessment required under subparagraph (4) above shall be in detail commensurate with the 

degree of proposed increment consumption, both in terms of the percentage of increment consumed and the area affected. 

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

proposed source would cause an increment consumption less than that specified in said subparagraph if the Director finds that unusual circumstances exist in the area of the proposed source which warrant such an assessment. The Director shall notify the applicant in writing of those circumstances which warrant said assessment. The Commission may rescind or modify the Director's action, upon a showing by the applicant that the circumstances alleged by the Director either do not exist or do not warrant the aforecited assessment. 

As approved by the Arkansas Pollution Control and Ecology Commission on October 26, 2012, effective November 18, 2012, and submitted to EPA November 6, 2012. Approved by EPA April 2, 2013 (78 FR 19596) effective May 2, 2013 EPA-R06-OAR-2012-0639 

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

requirements shall also apply: Impacts on mandatory Class I federal areas include impacts on visibility. The preliminary determination that a source may affect air quality or visibility in a mandatory Class I federal area shall be made by the Department, based on screening criteria agreed upon by the Department and the Federal Land Manager. 

No change submitted to thpermitting program. Langcontext. 

As approved by the Arkansas Pollution Control and Ecology Commission on October 26, 2012, effective November 18, 2012, and submitted to EPA November 6, 2012. Approved by EPA April 2, 2013 (78 FR 19596) effective May 2, 2013 EPA-R06-OAR-2012-0639 

As approved by the Arkansas Pollution Control and Ecology Commission on June 28, 2013, and submitted to EPA January 7, 2014. 

E. In all instances wherein the aforesaid 40 CFR 

51.301 and 40 CFR 52.21 refer to the Administrator or the Environmental Protection 

The revision submitted to updates a reference to the quality models at 40 CFR provision now correctly rerequirements. This revisio
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Table 1: Evaluation of the January 7, 2014 SIP Submittal 

Regulatory Language EPA’s Ev

E. In all instances wherein the aforesaid 40 CFR 

51.301 and 40 CFR 52.21 refer to the Administrator or the Environmental Protection Agency, the reference, for the purposes of paragraph (A) of Reg. 19.904, shall be deemed to mean the Arkansas Department of Environmental Quality, unless the context plainly dictates otherwise, except in the following sections: 1. Exclusion from increment consumption: 

40 CFR 52.21(f)(1)(v), (f)(3), and (f)(4)(I); 

2. Redesignation: 40 CFR 52.21(g)(1), 

(g)(2), (g)(4), (g)(5), and (g)(6); 

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

Agency, the reference, for the purposes of paragraph (A) of Reg. 19.904, shall be deemed to mean the Arkansas Department of Environmental Quality, unless the context plainly dictates otherwise, except in the following sections: 

1. Exclusion from increment consumption: 

40 CFR 52.21(f)(1)(v), (f)(3), and (f)(4)(I); 

2. Redesignation: 40 CFR 52.21(g)(1), 

(g)(2), (g)(4), (g)(5), and (g)(6); 

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

As approved by the Arkansas Pollution Control and Ecology Commission on October 26, 2012, effective November 18, 2012, and submitted to EPA November 6, 2012. Approved by EPA April 2, 2013 (78 FR 19596) effective May 2, 2013 EPA-R06-OAR-2012-0639 

F. Redesignation of air quality areas in Arkansas shall comply with Arkansas Code Annotated 1987 

Section 8-3-101 et seq. 

No change submitted to thpermitting program. Langcontext. 

As approved by the Arkansas Pollution Control and Ecology Commission on October 26, 2012, effective November 18, 2012, and submitted to EPA November 6, 2012. Approved by EPA April 2, 2013 (78 FR 19596) effective May 2, 2013 EPA-R06-OAR-2012-0639 

G. For the purpose of the regulation of GHGs, only the standards and requirements promulgated by 

EPA as of June 3, 2010, related to the permitting of GHG emissions shall apply to the requirements of 40 CFR 52.21, as of November 29, 2005, incorporated by reference at Reg. 19.904(A). The following definitions and requirements shall also apply: 

No change submitted to thpermitting program. Langcontext. 

As approved by the Arkansas Pollution Control and Ecology Commission on October 26, 2012, effective November 18, 2012, and submitted to EPA November 6, 2012. Approved by EPA April 2, 2013 (78 FR 19596) effective May 2, 2013 

As approved by the Arkansas Pollution Control and Ecology Commission on June 28, 2013, and submitted to EPA January 7, 2014. 

1. “Greenhouse gases” (GHGs) means the 

air pollutant defined as the aggregate 

The new provisions subm19.904(G)(1) revises the Sof GHGs to specify that Gregulation under the Arkastationary source compliePAL provisions at 40 CFR 
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Table 1: Evaluation of the January 7, 2014 SIP Submittal 

Regulatory Language EPA’s Ev

EPA-R06-OAR-2012-0639 Regulation 19.904(G)... 

1. “Greenhouse gases” (GHGs) means the 

air pollutant defined as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation except as provided in Reg. 19.904(G)(4) through Reg.19.904(G)(5). 

group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, and shall not be 

subject to regulation except as provided in Reg. 19.904(G)(4) through Reg.19.904(G)(5), and shall not be subject to regulation if the stationary source: a) Maintains its total source-wide 

emissions below the GHG plantwide applicability limitations (hereinafter “PAL” level); 

b) Meets the requirements in 40 § CFR 

52.21(aa)(1) through 40 CFR § 52.21(aa)(15) as outlined in Reg. 19.904(A)(1); and 

c) Complies with the PAL permit 

containing the GHG PAL . 

maintains the total emissioPAL level and complies wpermit terms. These revisions are consisPAL permitting provisionEPA on July 12, 2012 at 4See 77 FR 41051, 41702. The revisions submitted to (1) are approvable as consrequirements. 

As approved by the Arkansas Pollution Control and Ecology Commission on October 26, 2012, effective November 18, 2012, and submitted to EPA November 6, 2012. Approved by EPA April 2, 2013 (78 FR 19596) effective May 2, 2013 EPA-R06-OAR-2012-0639 Regulation 19.904(G)... 

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

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

of GHGs emitted, and shall be computed as follows: 

i. Multiplying the mass amount of emissions in tpy, for each of the six greenhouse gases 

in the pollutant GHGs, by each gas’s associated global warming potential published at Table A - 1 to subpart A of 40 CFR part 98 - Global Warming Potentials (as of October 30, 2009); and 

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

CO2e. 

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

carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of non-fossilized and biodegradable organic material originating from 

No change submitted to thpermitting program. Langcontext. 
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Table 1: Evaluation of the January 7, 2014 SIP Submittal 

Regulatory Language EPA’s Ev

plants, animals, or microorganisms (including products, by-products, residues and waste from agriculture, forestry and related industries as well as the non-fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material). 

As approved by the Arkansas Pollution Control and Ecology Commission on October 26, 2012, effective November 18, 2012, and submitted to EPA November 6, 2012. Approved by EPA April 2, 2013 (78 FR 19596) effective May 2, 2013 EPA-R06-OAR-2012-0639 Regulation 19.904(G)... 

3. The term “emissions increase” as used in Reg. 19.904(G)(4) through Reg. 19.904(G)(5) shall 

mean that both a significant emissions increase (as calculated using the procedures in 40 CFR 52.21(a)(2)(iv), as of November 29, 2005), and a significant net emissions increase (as defined in 40 CFR 52.21(b)(3), as of November 29, 2005, and 40 CFR 52.21(b)(23), as of November 29, 2005), occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, 

and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and “significant” is defined as 75,000 tpy CO2e instead of applying the value in 40 CFR 

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

No change submitted to thpermitting program. Langcontext. 

As approved by the Arkansas Pollution Control and Ecology Commission on October 26, 2012, effective November 18, 2012, and submitted to EPA November 6, 2012. Approved by EPA April 2, 2013 (78 FR 19596) effective May 2, 2013 EPA-R06-OAR-2012-0639 Regulation 19.904(G)... 

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

a) The stationary source is a new major stationary source for a regulated NSR pollutant that is 

not GHGs, and also will emit or will have the potential to emit GHGs at 75,000 tpy CO2e 

or more; or 

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

that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of GHGs of 75,000 tpy CO2e or more. 

No change submitted to thpermitting program. Langcontext. 

As approved by the Arkansas Pollution Control and Ecology Commission on October 26, 2012, effective November 18, 2012, and submitted to EPA November 6, 2012. Approved by EPA April 2, 2013 (78 FR 19596) effective May 2, 2013 EPA-R06-OAR-2012-0639 

No change submitted to thpermitting program. Langcontext. 
17

Table 1: Evaluation of the January 7, 2014 SIP Submittal 

Regulatory Language EPA’s Ev

Regulation 19.904(G)... 

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

pollutant GHGs shall also be subject to regulation: 

a) At a new stationary source that will emit or have the potential to emit 100,000 tpy CO2e or 

more; or 

b) At an existing stationary source that emits or has the potential to emit 100,000 tpy CO2e or 

more, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 tpy CO2e or more. 
18

IV. Conclusion 

The technical analysis provided in the preceding sections has compared the applicable sections 

of the CAA and 40 CFR Parts 51 and 52 to the January 7, 2014, proposed revision to the 

Arkansas SIP for PSD permitting. This analysis found that the June 28, 2013, adoption of the 

substantive revised regulations to adopt the GHG PAL provisions at Regulations 19.904(A)(1) 

and (G)(1) submitted on January 7, 2014, are consistent with the CAA and 40 CFR Part 52.21, as 

applicable. Further, these revisions are necessary to implement the PSD GHG PAL permitting 

provisions consistent with federal PSD regulations. The EPA also finds that the revision to 

Regulation 19.904(E)(3) to update the reference to the federal air quality models for PSD 

purposes at 40 CFR 52.21(l)(2) is appropriate and consistent with federal PSD requirements. As 

such, it is recommended that the EPA propose approval of the revisions to Regulation 

19.904(A)(1), (E)(3) and (G)(1) submitted on January 7, 2014.