STATE OF ARIWSAS 

MIKE BEEBE 

GO\:TERNOR BRA......-..*.-...BEN ................. BDRA.. ......... ..6WQ ....-.......,.... March 28,2008 6MD .?SF, ...... ................... .* ..- , . ' ?''? fmEJ.. .. *..*,? ....... Richard Greene, Regional Administrator ...... United States -c~&d. .. BXA. .............. EPA, Region VI 

J&/& ,,Q~;c&& 1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

Dear Mr. Greene: 

On behalf of the Arkansas Department of Environmental Quality (ADEQ), I am 

pleased to submit this document in response to the requirements found in Sections 

1 1 O(a)(l) and (2) of the Clean Air Act (CAA). 

This document is a revision to the Arkansas State Implementation Plan (SIP) to 

address interstate transport of air pollution under CAA Section 1 lO(a)(2)(D)(i). The 

information in this document demonstrates that Arkansas sources do not significantly 

contribute to the interstate transport of pollutants that impact nonattainment in, or 

interfere with maintenance by, any other state with respect to the particulate matter less 

than 2.5 micrometers in diameter (PM2.j) National Ambient Air Quality Standards 

(NAAQS). It demonstrates that Arkansas meets the required prevention of significant 

deterioration of air quality and protection of visibility provisions of the law. 

The ADEQ has evaluated Arkansas's existing SIP for implementation of the 1997 

8-hour ozone NAAQS and the 2006 PM2,s NAAQS to determine if it includes all the 

requirements in Section 110 (a) (1) and (2) of the CAA and is consistent with the 

guidance provided to the Regional Air Division Directors from William T. Harnett, 

Director, Air Quality Policy Division on October 2, 2007. The Department concludes 

and certifies that our SIP does meet these requirements. The ADEQ has evaluated the 

particulate-matter provisions of our SIP for consistency with federal requirements, and 

has determined and certified that the SIP provisions are consistent with federal 

requirements. 

In July of 1997, the U.S. Environmental Protection Agency (EPA) issued the 

NAAQS for PM2.5. Section 1 10(a)(l) of the CAA requires states to submit SIPS within 

three years following the promulgation of new or revised standards. Litigation delayed 

implementation of the standards and created uncertainty about how states were to 

proceed. On March 10, 2005, EPA entered into a Consent Decree with Earth Justice to 
address the interstate transport of this pollutant under CAA Section 1 lO(a)(2)(D)(i). On 

April 25, 2005, EPA published a "Finding of Failure to Submit Section 110 State 

Implementation Plans for Interstate Transport for the National Ambient Air Quality 

Standards for 8-Hour Ozone and PM2.j" (70 FR 21 147). The April 25, 2005, finding 

started a 24-month clock for EPA to either issue a final Federal Implementation Plan 

(FIP) to address the requirements of Section 1 lO(a)(2)(D)(i) or to approve a SIP that 

addresses these requirements. 

Each state must submit a SIP that contains adequate provisions "prohibiting .... any 

source or other type of emissions activity within the Statefrom 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 national primary or secondary air quality 

standard, or 

(14 interfere with measures required to be included in the applicable 

implementation plan for any other State to prevent significant deterioration or 

to protect visibility. '" 

EPA published a guidance titled "SIP Guidance on Section 1 lO(a)(2)(D)(i) Findings 

of Failure to Submit" on August 11, 2006. The guidance outlines four prongs that states 

must address in their 1 lO(a)(2)(D)(i) SIPS "prohibiting .... any source or other type of 

emissions activity within the State from emitting any air pollutant in amounts which will - 

1. Contribute significantly to nonattainment of the NAAQS for areas in another 

state. 

2. Interfere with maintenance of the NAAQS by any other state. 

3. Interfere with measures required to meet implementation plans for any other state 

... related to Prevention of Significant Deterioration (PSD). 

4. Interfere with measures required to meet the implementation plan for any other 

state ... related to Regional Haze and Visibility. 

This letter addresses each of these four elements. 

Items one (1) and two (2) can be addressed using the Clean Air Interstate Rule 

(CAIR) and associated air-quality modeling that EPA performed. CAIR will control the 

interstate transport of NO, and SOz emitted by fossil-kel fired Electric Generating Units 

(EGUs) by creating an interstate cap and trade program. CAIR has three programs: 

Annual NO,, Ozone Season NOx and a year-round SO2 program. Of the three programs 
in CAIR, EPA demonstrated through modeling that Arkansas would only participate in 

the Ozone Season NOx program. 

EPA published a guidance titled "Guidance for State Implementation Plan (SIP) 

Submissions to Meet Current Outstanding Obligations Under Section 1 1 O(a)(2)(D)(i) for 

the 8-Hour Ozone and PM2.s National Ambient Air Quality Standards" dated August 15, 

2006. That guidance states ",..States within the CAIR region need not submit a SIP 

revision to satisfy CAIR." 

To determine which states impact nonattainment in other states, EPA performed 

ozone-contribution modeling, using both source-apportionment modeling and zero-out 

modeling using the CAM-x model techniques for 31 states in the East and the District of 

Columbia, including Arkansas. (See Final CAIR Preamble at, 70 FR 25249, May 12, 

2005). EPA determined that Arkansas contributes to ground-level ozone formation in 

Texas. Arkansas submitted a SIP to EPA to address the transport of oxides of nitrogen 

(NO,) fiom Arkansas sources in the form of a CAIR SIP. EPA published their approval 

of the SIP on September 26,2007, and it became final on November 26,2007. 

In addition to the ozone modeling, 37 states were modeled for potential inclusion 

in the final CAIR by EPA to address PM2.5. Fourteen of these states, including Arkansas, 

were not included in the CAIR, because they did not contribute at least 0.2 ugIm3 to 

downwind nonattainment. (See Final CAIR Preamble at, 70 FR 25246, May 12, 2005). 

Since it was found that Arkansas does not significantly contribute to downwind PM2,s 

nonattainment areas, there is no requirement that Arkansas submit regulation changes and 

a SIP to address this matter. 

Each SIP must include a preconstruction review program for major sources to 

satisfy the requirements of section 1 1 O(a)(2)(D)(i) of the CAA. For nonattainrnent areas 

this is the Nonattainment New Source Review (NNSR) program, and in attainment areas 

this is the PSD program. The PSD requirements in Item three (3) can and have been 

addressed in an existing Arkansas SIP and related regulatory language that has been 

approved by EPA. The August 2006 guidance states, "Because all areas are currently 

subject to some form of preconstruction-permitting program for ozone and PM2.5, it is not 

necessary, at this time, for states to make a SIP submission containing rule changes or 

modeling demonstration to address section 1 1 O(a)(2)(D)(i)(II)." 

This SIP revision certifies that Arkansas has EPA-approved PSD and NNSR 

programs in place to prevent significant deterioration of air quality in Arkansas and 

neighboring states. Major sources in Arkansas are currently subject to PSD and NNSR 
permitting programs that implement the 8-hour ozone and PM2.s standards. PSD 

regulatory language can be found in Chapter 9 of the Arkansas Pollution Control and 

Ecology Commission Regulation 19, Regulations of the Arkansas Plan of 

Implementation for Air Pollution Control. NNSR regulatory language can be found in 

Arkansas Pollution Control and Ecology Commission Regulation 3 1, Nonattainment New 

Source Review Requirements. 

There was a deadline of June 15, 2007, for states to submit SIPS that incorporate 

the requirements of the phase I1 ozone implementation rule into their PSD and NNSR 

programs. It was not necessary for Arkansas to make changes to the regulatory language 

to address these requirements, because EPA has not found the Arkansas PSD program to 

be deficient, and all of the existing Arkansas NNSR program requirements address the 

requirements. 

Arkansas has met the requirements for Item four (4) regarding the protection of 

visibility in section llO(a)(2)(D)(i). The Arkansas Pollution Control and Ecology 

Commission adopted Chapter 15 of Regulation 19 that established regional haze program 

requirements on October 15, 2007. The regulation became effective October 15, 2007. 

At this time, it is not possible to assess whether there is any interference with measures in 

the applicable SIP for another state designed to protect visibility for the 8-hour ozone and 

PM2.5 NAAQS until Arkansas's regional haze SIP is submitted and approved by EPA. 

The State of Arkansas hereby submits to the EPA that it has met the requirements 

for section 1 10(a)(2)(D)(i) of the CAA for the 8-hour ozone and PM2.s NAAQS and does 

not significantly contribute to nonattainment or interfere with maintenance of the 

NAAQS in other states. Enclosed is a completed template, which was provided by EPA 

Region 6 and discusses the CAA requirements for section 110(a)(2)(D)(i) of the CAA for 

the 8-hour ozone and PM2.5 NAAQS. There is one table for ozone and one for PM2.s. 

I look forward to your prompt approval of this SIP submission. If you have any 

questions, please contact Mike Bates at (501) 682-0750 or bates@adeq.state.ar.us. Thank 

you for your attention to this matter. 
llO(a)(2)(A)-(M) Requirements in the Current Arkansas Ozone State Implementation Plan (SIP) or Pending SIP 

Revisions 

The federally enforceable State Implementation Plan (SIP) for Arkansas is compiled in 40 CFR Part 52 Subpart NN. Many of 

the miscellaneorw requirements of Section 1 I O(a)(2)(A)-(M) of the Clean Air Act (CAA) relevant to the eight-hour ozone and 

fine particulate National Ambient Air Quality Standards (NAAQS) are already contained in the current SIP or SIP 

revisions which have been submitted to but not yet approved by U. S. Environmental Protection Agency (EPA). The following 

table summarizes where these requirements of Section 11 O(a)(2)(A)-(M) are addressed. 

include enforceable 

emission limitations and 

other control measures, 

means, or techniques 

(including economic 

incentives such as fees, 

marketable permits, and 

auctions of emissions 

rights), as well as schedules 

and timetables for 

compliance as may be 

necessary or appropriate to 

meet the applicable 

requirements of this Act. 

Arkansas's enforceable emission limitations and other control measures 

are covered in the Arkansas Water and Air Pollution 

Control Act and those provisions of the Arkansas Pollution Control and 

Ecology Commission's Regulation 19, Regulations of the Arkansas Plan 

of Implementation for Air Pollution Control listed in 40 CFR 52.170. 

Where codified 

or approved by 

EPA 

Section 110(a) 

element 

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, State Implementation Plan (SIP) 

revisions have been submitted to and approved by EPA. EPA-approved 

SIP revisions are codified at 40 CFR part 52, subpart E. Arkansas has an 

EPA-approved air permitting program for both major and minor facilities, 

which ensures that all applicable requirements are included in the facility 

40 CFR 52.170 

Summary of element Provisions in the current Arkansas SIP or recent SIP revision 

submittals 
NOTE: Page 2 of this table was not included in the copies of this submittal submitted to EPA March 28, 2008.
Section 11 0(a) 

element 

Summary of element 

contain adequate 

provisions- 

(i) prohibiting, consistent 

with the provisions of this 

title, any source or other 

type of emissions activity 

within the state from emitting 

any airpollutant in amounts 

which will- 

(I) contribute signiiicanfly 

to nonaffainment in, or 

interfere with maintenance 

by, any otherstate with 

respect b any such national 

primary or secondary 

ambient air quality standad, 

or 

(11) interfere with 

measures required to be 

included in the applicable 

implementation plan for any 

other State underpart C to 

prevent significant 

deterioration of air quality or 

to protect visibility, 

(ii) insuring compliance 

Provisions in the current Arkansas SIP or recent SIP revision 

submittals 

- - - -- - 

Arkansas has adopted the Arkansas Pollution Control and Ecology 

Commission's Regulation 19, Regulations of the Arkansas Plan of 

Implementation for Air Pollution Control Chapter 14, and is in the process 

of adopting additional requirements related to the federal Clean Air 

Interstate Rule to reduce the transport of NOx and SO2, precursors of 

ozone and PM25. A SIP revision pertaining only to $1 lO(a)(2)(D)(i) is 

being submitted separately. Arkansas is not currently subject to 

requirements under §§ 11 5 and 126. 

Where codified 

or approved by 

EPA 

40 CFR 52.1 70 
with the applicable 

requirements of sections 

126 and 115 (relating to 

interstate and international 

po//ution abatement); 

(ii) requirements &at the 

state comply with the 

requirements respecting 

state boards under section 

The requirement is not applicable because permit and enforcement 

orders are issued directly by the Arkansas Department of Environmental 

Quality (ADEQ), not state boards or cammissions. 
Section 11 0(a) 

alement 

Summary of element 

require, as may be 

prescribed by the 

Administmtor- 

(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 

soumes, 

(ii) periodic reports on the 

nature and amounts of 

emissions and emissionselated data from such 

sources, and 

(iii) correlation of such 

reports by the state agency 

with any emission limitations 

or standam's established 

pursuant to this Act, which 

reports shall be available at 

reasonable times for public 

inspection; 

pmvide for authority 

comparable to thaiin section 

303 and adequafe 

Provisions in the current Arkansas SIP or recent SIP revision 

submittal 

Regulatory requirements have been codified in the Arkansas Pollution 

Control and Ecology Comm~ssion'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 Section 19.705 provide for the reporting of 

emissions inventories in a format established by the Arkansas 

Department of Environmental Quality on a schedule 

set forth in the section. In addition, Section 19.705 requires the 

submission of emission statements as required by the CAA. 

Area, mobile, and non-road data are reported on a byear cycle. 

Enforceable emission limitations and other control measures are covered 

in the Arkansas Water and Air Pollution Control Act and those provisions 

of Arkansas Annotated Code 8-4-310 and 8-4-31 1. 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. 

The Arkansas Pollution Control and Ecology Commission's Regulation 19, 

Regulations of the Arkansas Plan of Implementation for Air Pollution 

Control, Chapter 3 adopted July 24, 1992, covers air pollution episodes 

Where codified 

or approved by 

EPA 

40 CFR 52.170 

40 CFR 52.170 
contingency plans to 

implement such authority; 

and the occurrence of an emergency due to the effects of the pollutants 

on the health of persons. 
Summary of element I Provlsions in the current Arkansas SIP or recent SIP revision 1 Where codifie( 

in the case of a plan or plan 

revision for an area 

designated as a 

nonattainment area, meet 

the applicable requirements 

of part D (relating to 

nonattainment areas); 

submittals 

The Arkansas Pollution Control and Ecology Commission's Regulation 31, 

Nonattainment New Source Review Requirements covers the 

requirements of part D for nonattainment areas. Amendments to these 

requirements to fulfill recent federal requirements were submitted to EPA 

on July 3,2006. In preparing SIPS under Part D, Arkansas complies with 

all applicable requirements for each nonattainment area under sections 

110, 172(c), and 175A and subpart 2 to Part D. In addition, Arkansas 

complies with planning procedures under Section 174. EPA approved all 

SIPS required under the one-hour ozone standard, indicating full 

compliance with requirements for classified areas under subpart 2 to Part 

D; compliance under the eight-hour ozone and PM2 5 standard will be 

evaluated with submitted SIPS for each area. The SIP revisions related to 

nonattainrnent areas will continue to comply with Subpart D requirements, 

as applicable, and the currently approved nonattainment area SIP 

provisions listed in 40 CFR 52.170 which could not have been approved if 

they had not met Subpart D requirements. These include: The Arkansas 

Pollution Control and Ecology Commission's Regulation 19, Regulations 

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

13 and The Arkansas Pollution Control and Ecology Commission's 

Regulation 31, Nonattainment New Source Review Requirements. 

or approved b! 

EPA 

40 CFR 52.170 
meet the applicable 

requirements of . . . part C 

(relating to prevention of 

significant deterioration of air 

quality and visibility 

protection); 

Section 110(a) 

element 

provide for: 

(i) the performance of 

such air quality modeling as 

the Administmtor may 

prescribe for the purpose of 

predicting the effect on 

ambient air quality of any 

emissions of any air 

pollutant for which the 

Administrator has 

established a national 

ambient air quality standard, 

and 

(ii) the submission, upon 

request, of data related to 

such air quality modeling to 

the Adminisfrator; 

Summary of element 

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. 5 

7471) for prevention of significant deterioration in their entirety. These 

provisions were approved by EPA as part of the SIP. 

40 CFR 52.170 

Where codified 

or approved by 

EPA - 

Arkansas has submitted the Emissions Inventory StP 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: 

Provisions in the current Arkansas SIP or recent SIP revision 

submittals 
Section 1 10(a) 

element 

§IlO(a)(2)(L) 

Summary of element 

require the owner or 

operator of each major 

stationary source to pay to 

the pemitfing authority, as 

a condition of any pemit 

required under this Act, a 

fee sufficient to cover- 

(i) the reasonable costs of 

reviewing and acting upon 

any application for such a 

permit, and 

(ii) if the owner or operator 

receives a pemit for such 

source, the reasonable costs 

of implementing and 

enforcing the terms and 

conditions of any such 

permit (not including any 

court costs or other costs 

associated with any 

enforcement action), until 

such fee requirement is 

superseded with respect to 

such sources by the 

Administrator's approval of a 

fee program under tifie V; 

Provisions in the current Arkansas SIP or recent SIP revision 

submittals 

In addition, 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. 

Where codified 

or approved by 

EPA 

40 CFR 52.170