TECHNICAL SUPPORT DOCUMENT 

Revisions to Arkansas Pollution Control and Ecology Commission’s 

Regulation No. 19 – Regulations of the Arkansas Plan of Implementation 

for Air Pollution Control 

Submitted by the Governor of Arkansas February 17, 2010 and November 6, 2012 

 

 

December 17, 2012 

FOR FURTHER INFORMATION CONTACT: Mr. Mike Miller, United States Environmental 

Protection Agency Region 6, Air Permits Section (6PD-R), 1445 Ross Avenue, Dallas, Texas 

75202-2733, (214) 665-7550.
 2

Subject : Review of Revisions to the Arkansas Prevention of Significant Deterioration 

Program submitted February 17, 2010 and November 6, 2012 

Contents:

I. Executive Summary 

II. Technical Evaluation of the February 17, 2010 and November 6, 2012 SIP Submittals 

III. Conclusion
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I. Executive Summary

What actions are evaluated in this Technical Support Document?

This technical support document (TSD) reviews revisions to the Arkansas State Implementation 

Plan (SIP) for the Arkansas Prevention of Significant Deterioration (PSD) Program. This review 

will determine if the PSD Program revisions are consistent with the requirements of the Clean 

Air Act and EPA’s policy and guidance. 

February 17, 2010

 On December 5, 2008 the Arkansas Pollution Control and Ecology Commission (APC&EC) 

adopted revisions to the Arkansas PSD program to incorporate by reference (IBR) 

requirements for the federal PSD permitting program under EPA’s November 29, 2005 Phase 

2 8-hour Ozone Implementation rule. 

 Governor Mike Beebe submitted the above revisions to EPA as a SIP revision in a letter 

dated February 17, 2010. 

November 6, 2012

 On June 22, 2012, the Arkansas Pollution Control and Ecology Commission (APC&EC) 

adopted revisions to the Arkansas PSD program to implement the GHG Tailoring Rule 

thresholds at APC&EC Regulation Number 19, chapter 9. These revisions include adding the 

definitions of “greenhouse gases” (GHGs) and “carbon dioxide equivalent emissions (CO2e)” 

and defining “emission increase” for GHGs. Additional revisions related to the GHG rules 

were adopted at Chapters 2 and 4, and in Appendix A of Regulation Number 19; however, 

this TSD will only review revisions to the PSD program. EPA will take separate action on 

the other revisions to Regulation 19 at a later date and in a separate rulemaking. 

 On June 22, 2012, APC&EC also adopted revisions to the Arkansas Fee Regulation at 

APC&EC Regulation Number 9 and the Operating Air Permit Program at Regulation 

Number 26. EPA will take separate action on the revisions to the Arkansas Fee Regulation 

and the Operating Air Permit Program at a later date and in a separate rulemaking; therefore 

this TSD will not review the 2012 revisions to the Arkansas Fee Regulation or the Operating 

Air Permit Program. 

 On October 10, 2012, APC&EC adopted revisions to the Arkansas PSD program to 

incorporate the Deferral for CO2 Emissions from Bioenergy and Other Biogenic Sources 

under the PSD and Title V Programs (“Biomass Deferral”). 

 Governor Mike Beebe submitted the above revisions to EPA as a SIP revision in a letter 

dated November 6, 2012. 

What action has EPA taken on the Arkansas PSD Program? 

EPA fully approved the Arkansas PSD program as submitted February 3, 2005. See 72 FR 

18394, April 12, 2007. Additionally, EPA approved the revisions to Regulation 19.903 and 

19.904 specific to NOX as a precursor to ozone for the implementation of the Phase 2 8-hour 
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ozone rule in our partial approval and partial disapproval of the Arkansas Infrastructure SIP on 

August 20, 2012. See 77 FR 50033, August 20, 2012. 

What is not included in this review? 

EPA’s focus in this TSD and the accompanying proposed rulemaking is only on the revisions to 

the Arkansas SIP that are necessary to 1) establish that the state of Arkansas has the authority to 

regulate GHG emissions under the PSD program, 2) establish appropriate emission thresholds 

for determining which new stationary sources and modification projects become subject to 

Arkansas’s PSD permitting requirements for their greenhouse gas (GHG) emissions consistent 

with the Tailoring Rule, and 3) defer the application of the PSD requirements to biogenic carbon 

dioxide emissions from bioenergy and other biogenic stationary sources consistent with the 

Biomass Deferral Rule. All other revisions submitted on November 6, 2012, have been severed 

from our review. By severing, we mean that the submitted portions of the SIP revision that 

address Arkansas’s ability to issue PSD permit for GHG emissions subject to EPA’s Tailoring 

Rule can be implemented independently of the portions of the submittal relating to air permit 

fees, general air definitions and permitting below PSD thresholds. 

EPA anticipates taking action on the remaining portions of the submittal at a later time in a 

separate rulemaking. The following is a list and short description of the other, non-PSD, 

provisions that were submitted for SIP review and approval. 

 Substantive revisions to Regulation 9, Sections 9.502(B) and (C) that exempt carbon dioxide 

and methane emissions from being used for fee assessment purposes. EPA finds it 

appropriate to sever the revisions to the fee assessment rules from our analysis of the GHG 

PSD SIP submittal because there are no federal requirements for collecting fees on GHG 

emissions. 

 Substantive revisions to Regulation 19, Chapter 1 Severability, to stay revisions to 

Regulation Number 19 based on the Tailoring Rule, should that federal rule be stayed or 

invalidated through federal judicial or legislative action. EPA finds it appropriate to sever 

this provision from our action on the PSD permit program because there is no federal 

requirement for a severability clause and because the PSD program can be approved and 

operate independently of this AR provision. 

 Substantive revisions to Regulation 19, Chapter 2 definitions to add definitions for CO2e, 

federally regulated air emissions and GHGs. The Regulation 19, Chapter 2 definitions are 

germane to the Arkansas SIP, but for purposes of implementing the PSD permitting program, 

the Arkansas SIP relies on the PSD definitions adopted in Regulation 19, Chapter 9. 

Therefore EPA can sever the definitions at Regulation 19, Chapter 2 from our current review. 

 Substantive revisions to Regulation 19.407(C)(3) for permit amendments. Regulation 19, 

Chapter 4 establishes permitting requirements for minor sources and modifications not 

subject to PSD permitting requirements. Therefore, the Regulation 19, Chapter 4 revisions 

are not necessary for implementation of the PSD program. 

 Substantive revisions to Regulation 19, Appendix A Insignificant Activities List to clarify 

GHG permitting applicability. Applicability for PSD permitting is established in Regulation 
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19, Chapter 9; therefore, the Insignificant Activities List revisions are not necessary for 

implementation of PSD. 

 Substantive revisions to Regulation 26, Section 26.401 to clarify an applicant’s duty to apply 

for permitting in Arkansas. Regulation 26 is for the Arkansas Title V Operating Permits 

Program. Our review only addresses the PSD permitting requirements. 
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II. Technical Evaluation of the February 17, 2010 and November 6, 2012 SIP 

Submittals

This technical review of the February 17, 2010, and November 6, 2012, submitted 

revisions to the Arkansas PSD program at APC&EC Regulation Number 19, chapter 9, 

consists of a comparison between the relevant CAA requirements and the corresponding 

sections in the SIP submittals. The SIP submittals are first reviewed for completeness as 

SIP submittals under Part 51, Appendix V. Next, a section-by-section review of the 

submittals in comparison to 40 CFR Part 51 is presented to determine whether the 

submittals satisfy the requirements for preparation, adoption, and submittal of a SIP 

revision. Then the proposed SIP revisions to APC&EC Regulation Number 19 are 

analyzed line-by-line to ensure the GHG Tailoring Rule requirements are implemented 

correctly. The proposed revisions to APC&EC Regulation Number 19 are analyzed with 

respect to the current SIP-approved PSD program. Finally, a comparison of the SIP 

revisions with section 110(l) of the CAA is presented to determine whether the revisions 

interfere with any applicable CAA provisions. These analyses produce a written 

evaluation that will be used to make a determination of whether or not the PSD program 

revisions in the February 17, 2010, and November 6, 2012, SIP submittals are in 

agreement with the CAA, other EPA policies or guidance. 

A. Part 51, Appendix V Completeness Determination 

B. Review with respect to Part 51 

C. Review with respect to the GHG Tailoring Rule Requirements and the current 

SIP-approved Arkansas PSD Program 

D. Review with respect to Section 110(l) of CAA 
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 II. Technical Evaluation of the February 17, 2010 and November 6, 2012 SIP 

Submittals 

A. Evaluation of the February 17, 2010 and November 6, 2012 SIP Submittals 

with respect to Appendix V to Part 51 

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 February 17, 2010 and November 6, 2012 SIP 

Submittals

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. 

February 17, 2010

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

February 17, 2012. The SIP submittal was received by EPA Region 6 External 

Affairs on February 23, 2010. 

November 6, 2010

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

November 6, 2012. The SIP submittal was received by EPA Region Air Permits 

Section on December 3, 2012. 

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. 

February 17, 2010

The revisions were adopted by the APC&EC on December 5, 2008, effective on 

January 15, 2009. 

November 6, 2010

The revisions were adopted by the APC&EC on June 22, 2012, effective on July 

9, 2012. 

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 No 19. Pursuant to Arkansas Code 

Annotated (A.C.A.) § 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.” 
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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 February 17, 2010, submittal included a copy of the official State regulation 

document, signed, stamped and dated by William Thompson, Chairman. The 

adopted rules were effective January 25, 2009. 

The November 6, 2012, submittal included a copy of the official State regulation 

document, signed, stamped, and dated by John Chamberlin, Chairman. The 

adopted rules were effective on July 12, 2012 and November 18, 2012. 

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

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

the plan. 

The SIP submittals were developed pursuant to 40 CFR 51.104. 

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)). 

February 17, 2010

Notices of public hearing were published in the following newspapers on the 

dates listed: 

 The Arkansas Democrat Gazette: July 2 and 3, 2008 

 A public hearing was held in the ADEQ Commission Room on August 4, 2008 

November 6, 2010

Notices of public hearing were published in the following newspaper on the dates 

listed: 

 The Arkansas Democrat Gazette: February 2 and 3, 2011 

A public hearing was held in North Little Rock, AR on March 8, 2011. 
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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 August 4, 2008, hearing was included that provided 

evidence the hearing was conducted pursuant to the Arkansas Pollution Control 

and Ecology Commission rulemaking procedures. 

A responsive summary of the March 8, 2011, hearing was included that provided 

evidence the hearing was 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. 

A responsive summary of the August 4, 2008, hearing was included that groups 

public comments into similar categories and explains why the Arkansas Pollution 

Control and Ecology Commission accepts or rejects the rationale for each 

category. 

A responsive summary of the March 8, 2011, hearing was included that groups 

public comments into similar categories and explains why the Arkansas Pollution 

Control and Ecology Commission accepts or rejects the rationale for each 

category. APC&EC also received written testimony from Region 6 during the 

comment period. 

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 revisions to the Arkansas PSD program apply to all pollutants 

regulated under the PSD program. 

 The November 6, 2012 revisions expand the applicability of the PSD 

program to regulate GHGs above certain thresholds, consistent with 

EPA’s GHG Tailoring Rule. 

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 February 17, 2010 and November 6, 2012 SIP submittals amend the PSD 

permitting program that applies statewide in Arkansas. These submitted 

regulations apply for all pollutants regulated under the Arkansas PSD program. 
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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 from affected sources through calculations of the 

differences between certain baseline levels and allowable emissions anticipated if 

the revisions were approved.) 

The February 17, 2010 and November 6, 2012 SIP submittals amend the existing 

Arkansas PSD program. Quantification of changes in the SIP allowable 

emissions from the affected sources is not necessary for inclusion. Any new 

sources of GHG emissions subject to regulation under the PSD program will 

follow the SIP-approved PSD permitting process. 

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 February 17, 2010 and November 6, 2012 SIP submittals amend the existing 

PSD program to IBR federal requirements as of November 29, 2005 and adopt 

and implement the GHG Tailoring Rule thresholds. There is no demonstration 

included that the NAAQS/PSD increments/RFP demonstration and visibility are 

protected because there are no current NAAQS or increment for GHGs and the 

GHG thresholds will not interfere with RFP or 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 these SIP revisions. 

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.). 

The February 17, 2010 and November 6, 2012 SIP submittals amend the existing 

PSD program to update the IBR date of federal requirements and adopt and 

implement the GHG Tailoring Rule thresholds. Any requirements for emission 
 12

limitations or emission reduction technology for GHGs will be implemented 

pursuant to the SIP-approved PSD permitting program. 

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

work practice standards, and recordkeeping/reporting requirements to ensure 

stated emission levels. 

The February 17, 2010 and November 6, 2012 SIP submittals amend the existing 

PSD program and do not contain or revise emission limitations or workplace 

standards. Emission limitations and workplace standards will be established in 

individual PSD permits issued pursuant to the federally approved Arkansas PSD 

program. 

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

in practice (including at what frequency). 

The February 17, 2010 and November 6, 2012 SIP submittals amend the existing 

PSD program to update the IBR date of federal requirements and adopt and 

implement the GHG Tailoring Rule thresholds. Compliance will be determined 

on an individual permit basis for PSD permits issued pursuant to the federally 

approved Arkansas PSD program. 

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 the February 17, 2010 and November 6, 

2012 SIP submittals. 

The February 17, 2012 and November 6, 2012, SIP submittals meet the 

completeness criteria established in 40 CFR part 51, Appendix V. 
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II. Technical Evaluation of the February 17, 2010 and November 6, 2012 SIP 

Submittals 

B. Evaluation of the February 17, 2010 and November 6, 2012 PSD revisions 

with respect to 40 CFR 51 

Requirements for the preparation, adoption, and submittal of implementation plans can be 

found in 40 CFR Part 51. The February 17, 2010 and November 6, 2012, PSD revisions 

were evaluated against the applicable requirements in Part 51. This analysis is included 

in Table II-B1 below. 

Table II-B1: Analysis of Part 51 Requirements 

Part 51 – Requirements for Preparation, 

Adoption, and Submittal of Implementation 

Plans 

PSD Program Revisions 

Regulation No. 19, Chapters 2, 4, 9, and 

Appendix A 

Subpart A – Emission Inventory Reporting 

Requirements 

The revisions to the Arkansas PSD program do not 

revise the existing emission inventory reporting 

requirements. 

Subparts B – E [Reserved] Not applicable. 

Subpart F – Procedural Requirements Subpart F – Procedural Requirements 

§ 51.100 Definitions § 51.100 is not applicable to the SIP submittals 

under review in this TSD. 

§ 51.101 Stipulations § 51.101 is not applicable to the SIP submittals 

under review in this TSD. 

§ 51.102 Public Hearings 

 States must conduct one or more public 

hearings 

 Public hearings will only be held after 

reasonable notice, given at least 30 days prior 

to the date of the hearing 

 The state must submit with the revision a 

certification that the hearing was held in 

accordance with this section 

February 17, 2010

 APC&EC held a public hearing on August 4, 

2008 in the ADEQ Commission room. 

 The public hearing was held after reasonable 

notice was given. 

 Notice of public hearing was on July 2 and 3, 

2008 in the Arkansas Democrat Gazette. 

 ADEQ submitted a certification that the public 

hearing was held in accordance with § 51.102. 

November 6, 2012

 APC&EC held a public hearing on March 8, 

2011, in North little Rock, Arkansas. 

 The public hearing was held after reasonable 

notice was given. 

 Notice of the public hearing was on February 

2 & 3, 2011 in The Arkansas Democrat 

Gazette. 

 ADEQ submitted a certification that the public 

hearings were held in accordance with § 

51.102. 

§ 51.103 Submission of plans, preliminary review 

of plans 

 The state makes an official plan submission to 

EPA only when the submission conforms to the 

Please see section II.A of this TSD for the 

evaluation of these SIP revisions with respect to the 

Part 51, Appendix V Checklist. 
 14

requirements of Part 51, Appendix V. 

 The state delivers 5 copies of the plan with a 

letter giving notice of the action to the EPA 

regional office. 

The February 17, 2010 and November 6, 2012, SIP 

submittals meet the requirements for completeness. 

§ 51.104 Revisions 

 States may revise the plan from time to time 

 EPA will approve revisions only after 

appropriate public hearing requirements have 

been met 

 Revisions must be submitted in accordance 

with 51.103 

Governor Beebe submitted revisions to the PSD 

program on February 17, 2010, and on November 6, 

2012. These SIP revisions, as demonstrated 

previously in this table and section II.A of this 

document, have satisfied the public hearing 

requirements of § 51.102 and the requirements of § 

51.103. 

Subpart G – Control Strategy Subpart G – Control Strategy 

§ 51.110 Attainment and Maintenance of National 

Standards 

Requirements found in § 51.110 are not applicable 

to the SIP submittals under review in this document. 

There are no primary or secondary national 

standards for GHGs. 

§ 51.111 Description of Control Measures Requirements found in § 51.111 are not applicable 

to the SIP submittals under review in this document. 

The revisions to the PSD permitting program will 

follow the SIP-approved requirements for 

enforcement and monitoring of the PSD program. 

§ 51.112 Demonstration of Adequacy Requirements found in § 51.112 are not applicable 

to the SIP submittals under review in this document. 

There are no primary or secondary national 

standards for GHGs. 

§ 51.113 Reserved Not applicable. 

§ 51.114 Emissions Data and Projections Requirements found in § 51.114 are not applicable 

to the SIP submittals under review in this document. 

Revisions to an existing, SIP-approved PSD 

program do not need to provide a detailed emission 

inventory and summary of projected emission levels 

after the implementation of control strategies. 

§ 51.115 Air Quality Data and Projections Requirements found in § 51.115 are not applicable 

to the SIP submittals under review in this document. 

Revisions to an existing, SIP-approved PSD 

program do not need to include data on existing air 

quality or summarize expected air quality impacts 

from the implementation of control strategies. 

§ 51.116 Data Availability 

The State must make available to the public all data 

and calculations used in the preparation of each plan 

or plan revision. 

Each plan must provide for public availability of 

emission data reported by source owners or 

operators. 

Requirements found in § 51.116 are applicable to 

the SIP submittals under review in this document. 

The APC&EC provided the public the opportunity 

to participate in stakeholder meetings in the 

rulemaking development process, and the public 

received comment periods on the proposed plan. 

§ 51.117 Additional provisions for lead Requirements found in § 51.117 are not applicable 

to the SIP submittals under review in this document. 

The revisions to the PSD program under review in 

this document do not revise the ability to permit 

lead under the existing PSD program. 

§ 51.118 Stack Height Provisions Requirements found in § 51.118 are not applicable 

to the SIP submittals under review in this document. 

The revisions to the PSD program for GHGs do not 
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revise the AR SIP stack height provisions; nor are 

there good engineering stack height provisions for 

GHG permitting. 

§ 51.119 Intermittent Control Systems Requirements found in § 51.119 are not applicable 

to the SIP submittals under review in this document. 

The revisions to the AR PSD program to adopt and 

implement the GHG Tailoring Rule do not need 

intermittent control systems. 

§ 51.120 Requirements for State Implementation 

Plan Revisions relating to Motor Vehicles 

Requirements found in § 51.120 are not applicable 

to the SIP submittals under review in this document. 

The revisions to the PSD program to adopt and 

implement the GHG Tailoring Rule are not related 

to the part 51 requirements for SIP revisions relating 

to motor vehicles. 

§ 51.121 Findings and requirements for submission 

of State Implementation Plan Revisions relating to 

emissions of oxides of nitrogen 

Requirements found in § 51.121 are not applicable 

to the SIP submittals under review in this document. 

§ 51.121 establishes the requirements for the NOX

SIP Call; Arkansas was not subject to the NOx SIP 

Call. 

§ 51.122 Emissions reporting requirements for SIP 

revisions relating to budgets for NOX emissions. 

Requirements found in § 51.122 are not applicable 

to the SIP submittals under review in this document. 

§ 51.122 establishes the emission reporting 

requirements for the NOX SIP Call; Arkansas was 

not subject to the NOx SIP Call. 

§ 51.123 Findings and requirements for submission 

of State Implementation Plan Revisions relating to 

Emissions of Oxides of Nitrogen pursuant to the 

Clean Air Interstate Rule 

Requirements found in § 51.123 are not applicable 

to the SIP submittals under review in this document. 

§ 51.123 establishes the requirements for the NOx 

Annual and Ozone season programs for the Clean 

Air Interstate Rule (CAIR). Arkansas was not 

subject to CAIR. 

§ 51.124 Findings and requirements for submission 

of State Implementation Plan Revisions relating to 

Emissions of Sulfur Dioxide pursuant to the Clean 

Air Interstate Rule 

Requirements found in § 51.124 are not applicable 

to the SIP submittals under review in this document. 

§ 51.124 establishes the program requirements for 

the CAIR SO2 Programs. Arkansas was not subject 

to CAIR. 

§ 51.125 Emissions reporting requirements for SIP 

revisions relating to budgets for SO2 and NOX

emissions. 

Requirements found in § 51.125 are not applicable 

to the SIP submittals under review in this document. 

§ 51.125 establishes the emission reporting 

requirements for the CAIR NOx and SO2 trading 

programs. Arkansas was not subject to CAIR. 

Subpart H – Prevention of Air Pollution Emergency 

Episodes 

Requirements found in 51, Subpart H are not 

applicable to the SIP submittals under review in this 

document. The revisions to the Arkansas PSD 

program are not part of the air pollution emergency 

episode plan. 

Subpart I – Review of New Sources and 

Modifications 

Requirements found in §51.166 – Prevention of 

Significant Deterioration do apply to the revisions 

submitted in these SIP submittals. Further analysis 

of how the revisions address Subpart I requirements 

is provided in the following subsection of this 

document, II.A.3. 

Subpart J – Ambient Air Quality Surveillance Requirements found in 51, Subpart J are not 

applicable to the SIP submittals under review in this 

document. Ambient air quality surveillance is not 

part of the revisions to the PSD program to 
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implement the GHG Tailoring Rule. 

Subpart K – Source Surveillance Subpart K – Source Surveillance 

§ 51.210 Each plan must provide for monitoring the 

status of compliance with rules and regulations that 

set forth any portion of the control strategy. 

The SIP submittals under review in this document 

revise the existing, SIP-approved PSD program to 

adopt and implement the GHG Tailoring Rule 

thresholds. EPA has SIP-approved the Arkansas 

PSD program as sufficient to demonstrate 

compliance under Subpart K. 

§ 51.211 The plan must provide for legally 

enforceable procedures for requiring stationary 

sources to maintain records and report the following 

to the State: 

 Information on the nature and amount of 

emissions from the stationary source; and 

 Other information as necessary for the State to 

determine whether the sources are in 

compliance. 

§ 51.212 The plan must provide for periodic testing 

and inspection of stationary sources. Additionally, 

the plan must establish a system for detecting 

violations and include enforceable test methods. 

§ 51.213 The plan must contain procedures for 

obtaining and maintaining data on actual emissions 

reductions achieved as a result of implementing 

transportation control measures. 

§ 51.213 is not applicable to the SIP submittals 

under review in this document. The revisions to the 

PSD program are not concerned with implementing 

transportation control measures. 

§ 51.214 The plan must contain legally enforceable 

procedures to require stationary sources subject to 

emission standards as part of the applicable plan to 

install, calibrate, maintain, and operate continuous 

emission monitoring systems. 

The SIP submittals under review in this document 

revise the existing, SIP-approved PSD program to 

adopt and implement the GHG Tailoring Rule 

thresholds. EPA has SIP-approved the Arkansas 

PSD program as sufficient to demonstrate 

compliance under Subpart K and require stationary 

sources to use monitoring systems prescribed in 

their PSD permit. 

Subpart L – Legal Authority Subpart L – Legal Authority 

§ 51.230 Each plan must show that the State has the 

necessary legal authority to carry out the plan, 

including the authority to adopt emission standards 

and limitations necessary for attainment of the 

NAAQS, enforce applicable laws and regulations 

and seek injunctive relief. 

ADEQ specified in the SIP submittals that the 

packages were developed under the legal authority 

at Arkansas Code Annotated (A.C.A.) § 8-1-

203(b)(1). 

§ 51.231 The provision of law or regulation which 

the State determines provides the authorities 

required must be specifically identified and copies 

must be submitted with the plan. 

ADEQ specified in the SIP submittals that the 

packages were developed under the legal authority 

at Arkansas Code Annotated (A.C.A.) § 8-1-

203(b)(1). A copy was provided with the submittal. 

§ 51.232 A state government agency other than the 

State air pollution control agency may be assigned 

responsibility for carrying out a portion of the plan. 

The Arkansas PSD SIP revisions identified the 

ADEQ as the agency responsible for implementing 

the SIP. 

Subpart M – Intergovernmental Consultation 

Each plan must identify organizations by title that 

will participate in the development, implementation, 

and enforcement of the plan. 

The Arkansas PSD SIP revisions identified the 

ADEQ as the agency responsible for developing, 

implementing, and enforcing the SIP. 

Subpart N – Compliance Schedule The revisions to the PSD program included in these 

SIP submittals do not establish a compliance 

schedule for any NAAQS, and therefore do not need 

to address the requirements of 40 CFR part 51, 
 17

subpart N. 

Subpart O – Miscellaneous Plan Content 

Requirements 

The SIP submittal package states that APC&EC 

finds the revisions economically reasonable. 

Subpart P – Protection of Visibility The revisions to the Arkansas PSD program to 

adopt and implement the GHG Tailoring Rule 

thresholds are not part of Arkansas’ plan to protect 

visibility. 

Subpart Q – Reports The revisions to the Arkansas PSD program to 

adopt and implement the GHG Tailoring Rule 

thresholds do not revise the existing reporting 

requirements for the emission inventory in the 

Arkansas SIP. 

Subpart R – Extensions Requirements found in 51, Subpart R are not 

applicable to the SIP submittals under review in this 

document. The revisions to the Arkansas PSD 

program are not a request for an 18-month 

extension. 

Subpart S – Inspection/Maintenance Program 

Requirements 

Requirements found in 51, Subpart S are not 

applicable to the SIP submittals under review in this 

document. The SIP submittals revise the Arkansas 

PSD program to adopt and implement the GHG 

Tailoring Rule thresholds and is not related to an 

inspection/maintenance program. 

Subpart T – Conformity to State or Federal 

Implementation Plans of Transportation Plans, 

Programs, and Projects Developed, Funded, or 

Approved Under Title 23 U.S.C or the Federal 

Transit Laws 

Requirements found in 51, Subpart T are not 

applicable to the SIP submittals under review in this 

document. This SIP submittals revise the Arkansas 

PSD program to adopt and implement the GHG 

Tailoring Rule thresholds and does not interfere 

with the transportation conformity budgets 

developed for each nonattainment and maintenance 

area pursuant to subpart T. 

Subpart U – Economic Incentive Programs 40 CFR part 51, subpart U establishes requirements 

for statutorily mandated economic incentive 

programs under sections 182(g)(3), 182(g)(5), 

187(d)(3), or 187(g) of the CAA. This subpart is 

not applicable to the revisions to the Arkansas PSD 

program submitted in these SIP submittals. 

Subpart W – Determining Conformity of General 

Federal Actions to State or Federal Implementation 

Plans 

Requirements found in 51, Subpart W are not 

applicable to the SIP submittal under review in this 

document. These SIP submittals revise the 

Arkansas PSD program to adopt and implement the 

GHG Tailoring Rule thresholds and does not 

address or interfere with the Arkansas rules for 

general conformity. 

Subpart X – Provisions for Implementation of 8-hr 

Ozone NAAQS 

Requirements found in 51, Subpart X are for the 

implementation of the 8-hour ozone NAAQS. The 

submitted revisions to the Arkansas PSD program 

are to adopt and implement the GHG Tailoring Rule 

thresholds and are not concerned with the 8-hour 

ozone NAAQS. 
 18

II. Technical Evaluation of the February 17, 2010 and November 6, 2012 SIP Submittals C. Evaluation of the February 17, 2010 and November 6, 2012 Revisions to the Arkansas Prevention o

Deterioration Program with respect to the federal PSD requirements and the existing SIP 

Table II-C1 provides a line-by-line comparison of the submitted revisions to the Arkansas PSD program with the Tailoring Rule requirements at 40 CFR 52.21. The existing SIP-approved Arkansas PSD program has no definit

for GHG. Table II-C1: Analysis of GHG Tailoring Rule Requirements at 40 CFR 52.21 and Revisions to the Arkan

Significant Deterioration (PSD) Program, Regulation 19, chapter 9.

Arkansas PSD SIP SIP-Approved by EPA on April 12, 2007 (72 FR 18394). APC&EC Regulation 19, chapter 9 as submitted by ADEQ on February 3, 2005; effective May 14, 2007 

APC&EC Revisions 12/5/2008 Effective 1/15/09 APC&EC Regulation 19, chapter 9 – Prevention of Significant Deterioration Submitted to EPA as SIP revision on 2/17/2010 

APC&EC Revisions 6/22/2012 Effective 7/9/12 APC&EC Regulation 19, chapter 9 – Prevention of Significant Deterioration Submitted to EPA as SIP revision on 11/6/2012 

40 CFR part 52.21 GHG Tailoring Rule Requirements 

AnaReviRegu

19.902 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 U.S. Environmental Protection Agency of authority for enforcement of regulations 

19.902 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 U.S. 

Environmental Protection

Agency of authority for 

enforcement of regulations governing the prevention of 

No changes Not applicable No s

existprogNo i
 19

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

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

19.903 *** (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 ofVisibility] 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.*** 

19.903 *** (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. *** 

No changes Not applicable 

Chanchapupdadate requprom8-hoNo i

19.904 (A) Except where manifestly inconsistent 

19.904 (A) Except where manifestly inconsistent with 
 20

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 

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 

Chandate consrenuNo i
 21

PSD Regulations, and the applicable federal regulations, as incorporated herein by reference. (B) Exclusions from the consumption of increments, as provided in 40 CFR 51.166(f)(1)(iii), shall be effective immediately. Submission of this Plan under the Governor's signature constitutes a request by the Governor for this exclusion. (C) In addition to the requirements of 40 CFR 52.21(o), the following requirements [designated as subparagraphs (4), (5), (6), and (7)] shall also apply: *** (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). *** (D) In addition to the requirements of 40 CFR 52.21(p)(1), the following 

PSD Regulations, and the applicable federal regulations, as incorporated herein by reference. (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. (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) subparagraphs

(4), (5), (6), and (7)] shall 

also apply: *** (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. 

*** (D) In addition to the requirements of 40 CFR 
 22

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. (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§19.904, shall be deemed to mean the Arkansas Department of Environmental Quality, unless the context plainly dictates otherwise, except in the following sections: *** 

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. (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: *** 

No definition or requirements for GHG in the existing SIP. 

No definition or requirements for GHG in the February 2010 SIP submittal. 

19.904 *** (G) For the purpose of the 

regulation of GHGs, only the standards and requirements 

52.21(b)*** (49) Subject to regulation *** 

(i). Greenhouse gases (GHGs), 

the air pollutant defined in 

The 19.9fedeat 40 
 23

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:

(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).

(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 

86.1818-12(a) of this chapter as the aggregate group of six GHGs: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation except as provided in paragraphs (b)(49)(iv) through (v) of this section. 

(ii). For purposes of paragraphs 

(b)(49)(iii) through (v) of this section, the term tpy CO2 equivalent emissions (CO2e) shall represent an amount of GHGs emitted, and shall be computed as follows: 

(a) Multiplying the mass amount of emissions (tpy), for each of the six GHGs in the pollutant GHGs, by the gas’s associated global warming potential published at Table A-1 to subpart A of part 98 of this chapter – Global Warming Potentials. For purposes of this paragraph, prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the 

No irevisThe 19.9fede52.2The 19.9the fCFR 
 24

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 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).

(3) The term “emissions 

increase” as used in Reg. 

combustion or decomposition of nonfossilized and biodegradable organic material originating from 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). (b) Sum the resultant value from paragraph (b)(49)(ii)(a) of this section for each gas to compute a tpy CO2e. 

(iii). The term emissions 

increase as used in paragraphs (b)(49)(iv) through (v) of this section shall mean that both a significant emissions increase (as calculated using the procedures in paragraph (a)(2)(iv) of this section) and a significant net emissions increase (as 

The 19.9the fCFR The 19.9the fCFR The 19.9
 25

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. 

(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 

defined in paragraphs (b)(3) and (b)(23) of this section) 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 paragraph (b)(23)(ii) of this section. 

(iv). 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 75,000 tons per year 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 75,000 tons per year 

fede52.2The 19.9fede52.2The 19.9the fCFR The 19.9the f
 26

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.

(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.

CO2e or more ; and, 

(v). Beginning July 1, 2011, in 

addition to the provisions in paragraph (b)(49(iv) 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 tons per year CO2e; or 

(b) At an existing 

stationary source that emits or has the potential to emit 100,000 tons per year CO2e, 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 tons per year CO2e or more. 

CFR The 19.9fede52.2The 19.9the fCFR The 19.9the fCFR 

  ** ** **** 

The above line-by-line comparison of the proposed revisions to APC&EC Regulation 19, chapter 9 to the GHG Trequirements demonstrates that the proposed revisions are substantively identical to the GHG Tailoring Rule requ52.21(b)(49) and (b)(50). 
 27

II. Technical Evaluation of the February 17, 2010 and November 6, 2012 SIP 

Submittals 

D. Evaluation of the February 17, 2010, and November 6, 2012 Submittals with 

respect to section 110(l) of the CAA 

Section 110(l) of the Clean Air Act states: 

Each revision to an implementation plan submitted by a State under this Act 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 this Act. 

Thus, under section 110(l), this SIP revision must not interfere with attainment or 

reasonable further progress or any other applicable requirement of the Act. The revisions 

to the Arkansas PSD Program to incorporate by reference (IBR) requirements for the 

federal PSD permitting program under EPA’s November 29, 2005 Phase 2 8-hour Ozone 

Implementation rule and to adopt and implement the GHG Tailoring Rule thresholds are 

necessary revisions to ensure consistency with the federal PSD permitting requirements. 

The revised Arkansas PSD program through the November 6, 2012 SIP submittal is 

substantively identical to the federal PSD permitting requirements. Therefore, we find 

that because PSD is a necessary element of a SIP and because the Arkansas PSD program 

as revised mirrors federal requirements, the February 17, 2010 and November 6, 2012 

SIP submittals will not interfere with attainment or reasonable further progress or any 

other applicable requirement of the Act. 

 
 28

III. 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 ADEQ’s February 17, 2010 and 

November 6, 2012 revisions to the PSD SIP, enacted at Regulation number 19, chapter 9. 

This analysis found that the adoption of the revisions to chapter 9 of Regulation number 

19 submitted on February 17, 2010, and November 6, 2012, is consistent with the CAA 

and 40 CFR Parts 51 and 52; specifically, EPA finds that the revisions satisfy the PSD 

requirements of the final Phase 2 8-hour ozone implementation rule and the GHG PSD 

Tailoring Rule and are consistent with EPA’s Biomass Deferral. Therefore, it is 

recommended that a proposed approval of the Arkansas PSD SIP revisions, submitted on 

February 17, 2010, and November 6, 2012, be published. 

EPA is taking no action at this time on the portions of the November 6, 2012 SIP 

submittal that are not associated with Regulation 19, Chapter 9. Specifically, we are 

severing and taking no action on the following revisions: 

 Regulation 9, Sections 9.502(B) and (C), 

 Regulation 19, Chapter 1, 

 Regulation 19, Chapter 2, 

 Regulation 19.407(C)(3), 

 Regulation 19, Appendix A Insignificant Activities List, and 

 Regulation 26, Section 26.401.