## 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. Mi ke 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

### 3 I. Executive Summary

What actions are evaluated in this Technical Support Document?

This technical support document (TSD) reviews re visions to the Arkansas State Implementation Plan (SIP) for the Arkansas Prevention of Signifi cant Deterioration (PSD) Program. This review will determine if the PSD Program revisions are c onsistent 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 pr ogram 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 revi sions to EPA as a SIP revision in a letter dated February 17, 2010.

November 6, 2012

 On June 22, 2012, the Arkansas Pollution C ontrol and Ecology Co mmission (APC&EC) adopted revisions to the Arkansas PSD pr ogram to implement the GHG Tailoring Rule thresholds at APC&EC Regula tion Number 19, chapter 9. These revisions include adding the definitions of “greenhouse gases” (GHGs) and “carbon dioxide equiva lent emissions (CO 2 

### e)” and defining “emission increase” for GHGs. Add itional 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 Regulat ion 19 at a later date and in a separate rulemaking.

 On June 22, 2012, APC&EC also adopted revisi ons to the Arkansas Fee Regulation at APC&EC Regulation Number 9 and the Oper ating Air Permit Program at Regulation Number 26. EPA will take separate action on th e 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 Fe e 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 revi sions 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 progr am 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 NO X 

### as a precursor to ozone for the implementation of the Phase 2 8-hour

### 4 ozone rule in our partial approval and partial di sapproval 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) establis h 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 th eir greenhouse gas (GHG) emissions consistent with the Tailoring Rule, and 3) defer the application of the PSD requirements to biogenic carbon

dioxide emissions from bioener gy and other biogenic stationary sources consistent with the

Biomass Deferral Rule. All other revisions s ubmitted on November 6, 2012, have been severed from our review. By severing, we mean that th e 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 por tions of the submittal at a later time in a separate rulemaking. The followi ng is a list and short descri ption of the other, non-PSD, provisions that were submitted for SIP review and approval.

 Substantive revisions to Regul ation 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 revisi ons to the fee assessment rules from our analysis of the GHG

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

emissions.

 Substantive revisions to Regulation 19, Chapte r 1 Severability, to stay revisions to Regulation Number 19 based on the Tailoring Rule , should that federal rule be stayed or invalidated through federal judici al 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, Chapte r 2 definitions to add definitions for CO 2 

### e, federally regulated air emi ssions 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 defin itions adopted in Regulation 19, Chapter 9.

Therefore EPA can sever the definitions at Re gulation 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. Theref ore, the Regulation 19, Chapter 4 revisions are not necessary for implem entation of the PSD program.

 Substantive revisions to Regul ation 19, Appendix A Insignificant Activities List to clarify GHG permitting applicability. Appli cability for PSD permitting is established in Regulation

### 5 19, Chapter 9; therefore, the Insignificant Acti vities List revisions are not necessary for implementation of PSD.

 Substantive revisions to Regul ation 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.

### 6 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 rele vant CAA requirements and the corresponding

sections in the SIP submittals. The SIP submitta ls 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 Ta iloring 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. Finall y, 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 provi sions. These analyses produce a written

evaluation that will be used to make a dete rmination 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, othe r 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 Tail oring Rule Requirements and the current SIP-approved Arkans as PSD Program D. Review with respect to Section 110(l) of CAA

### 7 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 ar e outlined below:

1.0 Purpose: This appendix V sets fort h the minimum criteria for determining whether a State implementation plan submitted for consideration by EPA is an official submission for purpos es of review under § 51.103.

1.1 The EPA shall return to the submitting offi cial 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 in sufficient to perform a review of the submitted plan.

1.2 The EPA shall inform the submitting offici al 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 comple teness 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 receip t. 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 basi c criteria included under 2.1, 2.2, and 2.3 of Appendix V.

### 8 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 submitta l 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 wa s 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 a dopted the revision in the State code or body of regulations, or that the State ha s issued the permit, order, consent agreement (hereafter document) in final fo rm. This evidence would include the date of adoption or final i ssuance 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 Ecol ogy 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 c harged to the Arkansas Department of Environmental Quality for administration.”

### 9 4. A copy is included of th e actual regulation or docum ent submitted for approval and incorporation by reference into the SI P including an indication of the changes made to the existing approved plan wher e applicable. The submittal shall be a copy of the official State regulation document signed, stamped, and dated by the appropriate State official i ndicating 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 followe d all the procedural requirements of its

laws and/or its constitution in conducti ng 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 noti ce was given of the proposed changes consistent with the procedures approved by EPA, including the date of publication of such notice, (e.g., notarize d 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 publishe d 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.

### 10 7. A certification is included indicating that public hearin g(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 techni cal information in its SIP revision request package.

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

 The revisions to the Arkansas PS D program apply to all pollutants regulated under the PSD program.

 The November 6, 2012 revisions exp and the applicability of the PSD program to regulate GHGs above certai n thresholds, consistent with EPA’s GHG Tailoring Rule.

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

attainment/nonattainment de signation of the locations and the status of the attainment plan for the aff ected area(s) is included.

The February 17, 2010 and November 6, 2012 SIP submittals amend the PSD permitting program that applies stat ewide in Arkansas. These submitted regulations apply for all pollutants regulat ed under the Arkansas PSD program.

### 11 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 affect ed 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 PS D permitting process.

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration and visibility as applicable would be pr otected 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 interf ere with RFP or visibility.

5. FOR REDESIGNATIONS:

a. Is there a fully approved maintena nce plan for the primary ambient air quality standards for at least 10 years as requir ed by §175A of the Clean

Air Act? Not applicable.

b. Are contingency measures included? Not applicable.

6. Modeling information, if app licable, is required to s upport 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 t echnology (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 thres holds. Any requirements for emission

### 12 limitations or emission reduction tec hnology for GHGs will be implemented pursuant to the SIP-approved PSD permitting program.

8. Evidence is included indicating that a SI P revision contains emission limitations, work practice standards, and recordk eeping/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 workpl ace 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 thres holds. Compliance will be determined on an individual permit basis for PSD perm its issued pursuant to the federally approved Arkansas PSD program.

10. As appropriate, special economic and tec hnological jus tifications are included per applicable EPA policies or an explana tion why such justifications are not necessary should be included. For exampl e, 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.

### 13 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, a nd 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 requireme nts 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 offici al 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 existin g 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

### 15 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 NO X SIP Call; Arkansas was not subject to the NOx SIP

Call. § 51.122 Emissions reporting requirements for SIP revisions relating to budgets for NO X 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 NO X 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 SO 2 Programs. Arkansas was not subject

to CAIR. § 51.125 Emissions reporting requirements for SIP revisions relating to budgets for SO 2 and NO X 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 CA IR 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

### 16 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 fo r 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 nece ssary 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 packag e 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.18II. Technical Evaluation of the February 17, 2010 and November 6, 2012 SIP SubmittalsC. Evaluation of the February 17, 2010 and November 6, 2012Revisions to the Arkansas Prevention of SignificantDeterioration Program with respect to the federal PSD requirements and the existing SIPTable II-C1 provides a line-by-line comparison of the submittedrevisions to the Arkansas PSD program with the federal GHGTailoring Rule requirements at 40 CFR 52.21. The existing SIP-approved Arkansas PSD program hasno definitions or requirementsfor GHG.Table II-C1: Analysis of GHG Tailoring Rule Requirements at40 CFR 52.21 and Revisions to the Arkansas Prevention ofSignificant Deterioration (PSD) Program, Regulation 19, chapter 9.Arkansas PSD SIPSIP-Approved by EPA onApril 12, 2007 (72 FR18394).APC&EC Regulation 19,chapter 9 as submitted byADEQ on February 3,2005; effective May 14,2007APC&EC Revisions12/5/2008Effective 1/15/09APC&EC Regulation 19,chapter 9 – Prevention ofSignificant DeteriorationSubmitted to EPA as SIPrevision on 2/17/2010APC&EC Revisions6/22/2012Effective 7/9/12APC&EC Regulation 19,chapter 9 – Prevention ofSignificant DeteriorationSubmitted to EPA as SIPrevision on 11/6/201240 CFR part 52.21GHG Tailoring RuleRequirementsAnalysis of SubmittedRevisions to APC&ECRegulation 19, chapter 919.902Promulgation andenforcement of these PSDRegulations is intended tofurther the purposes ofthe Plan and theRegulations of the Plan,including, but not limitedto, acceptance ofdelegation by the U.S.Environmental ProtectionAgency of authority forenforcement of regulations19.902Promulgation andenforcement of these PSDRegulations is intended tofurther the purposes ofthe Plan and the Regulationsof the Plan, including, butnot limited to, acceptance ofdelegation by theEPAU.S.Environmental ProtectionAgencyof authority forenforcement of regulationsgoverning the prevention ofNo changes Not applicable No substantive changes toexisting SIP-approved PSDprogram.No issues with this revision.19governing the preventionof significant deteriorationof air quality andregulations governing theprotection of visibility inmandatory Class I federalareas.significant deterioration ofair quality and regulationsgoverning the protection ofvisibility in mandatoryClass I federal areas.19.903***(B) All other terms usedherein shall have the samemeaning as set forth inchapter 2 or in 40 CFR52.21(b) [PSD] and 40CFR 51.301 [Protection ofVisibility] all as in effectupon the latest date ofamendmentof thissupplement, unlessmanifestly inconsistentwith the context in whichthey are used. Whereverthere is a differencebetween the definitions inchapter 2and those listedin 40 CFR 52.21(b) and 40CFR 51.301, the federaldefinitions as listed in 40CFR 52.21(b) and 40 CFR51.301 shall apply.***19.903***(B) All other terms usedherein shall have the samemeaning as set forth inCchapter 2of Regulation 19or in 40 CFR 52.21(b)[PSD] and 40 CFR 51.301[Protection ofVisibility]asof November 29, 2005,allas in effect upon the latestdate of amendmentof thissupplement, unlessmanifestly inconsistent withthe context in which theyare used. Wherever there isa difference between thedefinitions inCchapter 2ofRegulation 19and thoselisted in 40 CFR 52.21(b)and 40 CFR 51.301, thefederal definitions as listedin 40 CFR 52.21(b) and 40CFR 51.301as ofNovember 29, 2005,shallapply.***No changes Not applicableChanges made to clarifychapter reference, and toupdate IBR date. The IBRdate is the PSDrequirements aspromulgated in the Phase 28-hour ozone rule.No issues with this revision.19.904(A) Except wheremanifestly inconsistent19.904(A) Except wheremanifestly inconsistent with20with the provisions of theClean Air Act, asamended, or with federalregulations adoptedpursuant thereto, and asamendedspecifically herein byparagraphs (B), (C), (D),(E), and (F) of this section,the Arkansas Departmentof Environmental Qualityshall have thoseresponsibilitiesand that authority, withreference to the State ofArkansas, granted to theAdministrator of theU.S.Environmental ProtectionAgencyunder 40 CFR52.21 (a)(2) through (bb),as in effect on July 23,2004, which are herebyincorporated herein byreference, with theexception of 40 CFR52.21(b)(55-58), 40 CFR52.21(i) (9), and 40 CFR52.21(cc), which are notincorporated. In theabsence of a specificimposition of responsibilityor grant of authority, theDepartment shall bedeemed to have thatresponsibility and authoritynecessary to attain thepurposes of the Plan, thesethe provisions of the CleanAir Act, asamended, or with federalregulations adoptedpursuant thereto, and asamendedspecifically herein byparagraphs (B), (C), (D),(E), and (F) ofReg.19.904this section, the ArkansasDepartment ofEnvironmental Quality shallhave those responsibilitiesand that authority, withreference to the State ofArkansas, granted to theAdministrator of theEPAU.S. EnvironmentalProtection Agencyunder 40CFR 52.21 (a)(2) through(bb), as in effect onNovember 29, 2005July 23,2004, which are herebyincorporated herein byreference, with theexception of 40 CFR52.21(b)(55-58), 40 CFR52.21(i) (9), and 40 CFR52.21(cc), which are notincorporated. In the absenceof a specific imposition ofresponsibility or grant ofauthority, the Departmentshall be deemed to have thatresponsibility and authoritynecessary to attain thepurposes of the Plan, theseChange made to update IBRdate and to maintain internalconsistency withrenumbering.No issues with this revision.21PSD Regulations, and theapplicable federalregulations, asincorporated herein byreference.(B) Exclusions from theconsumption ofincrements, as provided in40 CFR 51.166(f)(1)(iii),shall be effectiveimmediately. Submissionof this Plan under theGovernor's signatureconstitutes a request by theGovernor for thisexclusion.(C) In addition to therequirements of 40 CFR52.21(o), the followingrequirements [designatedassubparagraphs (4), (5),(6), and (7)] shall alsoapply:***(2) The assessmentrequired undersubparagraph (4) aboveshall be made part of theapplication for permit andshall be made available forpublic inspection asprovided in 40 CFR52.21(q).***(D) In addition to therequirements of 40 CFR52.21(p)(1), the followingPSD Regulations, and theapplicable federalregulations, as incorporatedherein by reference.(B) Exclusions from theconsumption of increments,as provided in 40 CFR51.166(f)(1)(iii)as ofNovember 29, 2005, shallbe effective immediately.Submission of this Planunder the Governor'ssignature constitutes arequest by the Governor forthis exclusion.(C) In addition to therequirements of 40 CFR52.21(o)as of November29, 2005, the followingrequirements [designated asReg. 19.904(C)(1),(2),(3)and (4)subparagraphs(4), (5), (6), and (7)] shallalso apply:***(2) The assessment requiredunder subparagraph (4)above shall be made part ofthe application for permitand shall be made availablefor public inspection asprovided in 40 CFR52.21(q)as of November29, 2005.***(D) In addition to therequirements of 40 CFR22requirements shall alsoapply:Impacts on mandatoryClass I federal areasinclude impacts onvisibility. The preliminarydetermination that a sourcemay affect air quality orvisibility in a mandatoryClass I federal area shall bemade by the Department,based on screening criteriaagreed upon by theDepartment and theFederal Land Manager.(E) In all instances whereinthe aforesaid 40 CFR51.301 and 40 CFR 52.21refer to the Administratoror the EnvironmentalProtection Agency, thereference, for the purposesof paragraph (A) of§19.904, shall be deemedto mean the ArkansasDepartment ofEnvironmental Quality,unless the context plainlydictates otherwise, exceptin the following sections:***52.21(p)(1)as of November29, 2005, the followingrequirements shall alsoapply:Impacts on mandatory ClassI federal areas includeimpacts on visibility. Thepreliminary determinationthat a source may affect airquality or visibility in amandatory Class I federalarea shall be made by theDepartment, based onscreening criteria agreedupon by the Department andthe Federal Land Manager.(E) In all instances whereinthe aforesaid 40 CFR51.301 and 40 CFR 52.21refer to the Administrator orthe EnvironmentalProtection Agency, thereference, for the purposesof paragraph (A) ofReg.§19.904, shall be deemed tomean the ArkansasDepartment ofEnvironmental Quality,unless the context plainlydictates otherwise, except inthe following sections:***No definition orrequirements for GHG inthe existing SIP.No definition orrequirements for GHG inthe February 2010 SIPsubmittal.19.904***(G) For the purpose of theregulation of GHGs, only thestandards and requirements52.21(b)***(49)Subject to regulation***(i).Greenhouse gases (GHGs),the air pollutant defined inThe APC&EC revision at19.904 (G)(1) supports thefederal definition of GHGsat 40 CFR 52.21(b)(49)(i).23promulgated by EPA as of June3, 2010, related to thepermitting of GHG emissionsshall apply to the requirementsof 40 CFR 52.21, as ofNovember 29, 2005,incorporated by reference atReg.19.904(A). The followingdefinitions and requirementsshall also apply:(1) “Greenhouse gases”(GHGs) means the airpollutant defined as theaggregate group of sixgreenhouse gases: carbondioxide, nitrous oxide,methane, hydrofluorocarbons,perfluorocarbons, and sulfurhexafluoride, shall not besubject to regulation except asprovided in Reg. 19.904(G)(4)throughReg.19.904(G)(5).(2) For purposes of Reg.19.904(G)(3) throughReg.19.904(G)(5):(a) The term tons per year(tpy) “CO2 equivalentemissions” (CO2e) shallrepresent an amount of GHGsemitted, and shall becomputed as follows:(i) Multiplying the massamount of emissions in tpy,for each of the sixgreenhouse gases in thepollutant GHGs, by eachgas's associated global86.1818-12(a) of thischapter as the aggregategroup of six GHGs: carbondioxide, nitrous oxide,methane,hydrofluorocarbons,perfluorocarbons, and sulfurhexafluoride, shall not besubject to regulation exceptas provided in paragraphs(b)(49)(iv) through (v) ofthis section.(ii).For purposes of paragraphs(b)(49)(iii) through (v) ofthis section, the term tpyCO2 equivalent emissions(CO2e)shall represent anamount of GHGs emitted,and shall be computed asfollows:(a)Multiplying the massamount of emissions(tpy), for each of the sixGHGs in the pollutantGHGs, by the gas’sassociated global warmingpotential published atTable A-1 to subpart A ofpart 98 of this chapter –Global WarmingPotentials. For purposesof this paragraph, prior toJuly 21, 2014, the mass ofthe greenhouse gas carbondioxide shall not includecarbon dioxide emissionsresulting from theNo issues with this proposedrevision.The APC&EC revision at19.904 (G)(2)(a) support thefederal revisions to 40 CFR52.21(b)(49) (ii).The APC&EC revision at19.904 (G)(2)(a)(i) supportthe federal revisions to 40CFR 52.21(b)(49) (ii)(a).24warming potential publishedat Table A - 1 to subpart Aof 40 CFR part 98 - GlobalWarming Potentials (as ofOctober 30, 2009); and(ii) Sum the resultant valuesfrom Reg.19.904(G)(2)(a)(i) for eachgas to compute a tpy CO2e.(b) For purposes of thisdefinition, prior to July 21,2014, the mass of thegreenhouse gas carbondioxide shall not includecarbon dioxide emissionsresulting from thecombustion or decompositionof non-fossilized andbiodegradable organicmaterial originating fromplants, animals, ormicroorganisms (includingproducts, by-products,residues and waste fromagriculture, forestry andrelated industries as well asthe non-fossilized andbiodegradable organicfractions of industrial andmunicipal wastes, includinggases and liquids recoveredfrom the decomposition ofnonfossilized andbiodegradable organicmaterial).(3) The term “emissionsincrease” as used in Reg.combustion ordecomposition of nonfossilized andbiodegradable organicmaterial originating fromplants, animals, or microorganisms (includingproducts, by-products,residues and waste fromagriculture, forestry andrelated industries as wellas the non-fossilized andbiodegradable organicfractions of industrial andmunicipal wastes,including gases andliquids recovered from thedecomposition of nonfossilized andbiodegradable organicmaterial).(b)Sum the resultantvalue from paragraph(b)(49)(ii)(a) of thissection for each gas tocompute a tpy CO2e.(iii).The term emissionsincrease as used inparagraphs (b)(49)(iv)through (v) of this sectionshall mean that both asignificant emissionsincrease (as calculatedusing the procedures inparagraph (a)(2)(iv) of thissection) and a significantnet emissions increase (asThe APC&EC revision at19.904 (G)(2)(a)(ii) supportthe federal revisions to 40CFR 52.21(b)(49)(ii)(b).The APC&EC revision at19.904 (G)(2) (b) supportthe federal revisions to 40CFR 52.21(b)(49) (ii)(a).The APC&EC revision at19.904 (G)(3) support the2519.904(G)(4) through Reg.19.904(G)(5) shall mean thatboth a significant emissionsincrease (as calculated usingthe procedures in 40 CFR52.21(a)(2)(iv), as ofNovember 29, 2005), and asignificant net emissionsincrease (as defined in 40 CFR52.21(b)(3), as ofNovember 29, 2005, and 40CFR 52.21(b)(23), as ofNovember 29, 2005), occur.For the pollutant GHGs, anemissions increase shall bebased on tpy CO2e, and shallbe calculated assuming thepollutant GHGs is a regulatedNSR pollutant, and“significant” is defined as75,000 tpy CO2e instead ofapplying the value in 40 CFR52.21(b)(23)(ii), as ofNovember 29, 2005.(4) Beginning January 2, 2011,the pollutant GHGs is subjectto regulation if:(a) The stationary source is anew major stationary sourcefor a regulated NSR pollutantthat is not GHGs, and alsowill emit or will have thepotential to emit GHGs at75,000 tpy CO2e or more; or(b) The stationary source isan existing major stationarysource for a regulated NSRdefined in paragraphs(b)(3) and (b)(23) of thissection) occur. For thepollutant GHGs, anemissions increase shall bebased on tpy CO2e, andshall be calculatedassuming the pollutantGHGs is a regulated NSRpollutant, and “significant”is defined as 75,000 tpyCO2e instead of applyingthe value in paragraph(b)(23)(ii) of this section.(iv).Beginning January 2, 2011,the pollutant GHGs issubject to regulation if:(a)The stationarysource is a new majorstationary source for aregulated NSR pollutantthat is not GHGs, andalso will emit or willhave the potential toemit 75,000 tons peryear CO2e or more; or(b)The stationarysource is an existingmajor stationary sourcefor a regulated NSRpollutant that is notGHGs, and also willhave an emissionsincrease of a regulatedNSR pollutant and anemissions increase of75,000 tons per yearfederal revisions to 40 CFR52.21(b)(49) (iii).The APC&EC revision at19.904 (G)(4) support thefederal revisions to 40 CFR52.21(b)(49) (iv).The APC&EC revision at19.904 (G)(4) (a) supportthe federal revisions to 40CFR 52.21(b)(49) (iv)(a).The APC&EC revision at19.904 (G)(4) (b) supportthe federal revisions to 4026pollutant that is not GHGs,and also will have anemissions increase of aregulated NSR pollutant, andan emissions increase ofGHGs of 75,000 tpy CO2e ormore.(5) Beginning July 1, 2011, inaddition to the provisions inReg.19.904(G)(4) of thissection, the pollutant GHGsshall also be subject toregulation:(a) At a new stationary sourcethat will emit or have thepotential to emit 100,000 tpyCO2e or more; or(b) At an existing stationarysource that emits or has thepotential to emit 100,000 tpyCO2e or more, when suchstationary source undertakesa physical change or changein the method of operationthat will result in anemissions increase of 75,000tpy CO2e or more.CO2e or more ; and,(v).Beginning July 1, 2011, inaddition to the provisionsin paragraph (b)(49(iv) ofthis section, the pollutantGHGs shall also be subjectto regulation(a)At a new stationarysource that will emit orhave the potential toemit 100,000 tons peryear CO2e; or(b)At an existingstationary source thatemits or has thepotential to emit100,000 tons per yearCO2e, when suchstationary sourceundertakes a physicalchange or change in themethod of operationthat will result in anemissions increase of75,000 tons per yearCO2e or more.CFR 52.21(b)(49) (iv)(b).The APC&EC revision at19.904 (G)(5) support thefederal revisions to 40 CFR52.21(b)(49) (v).The APC&EC revision at19.904 (G)(5) (a) supportthe federal revisions to 40CFR 52.21(b)(49) (v)(a).The APC&EC revision at19.904 (G)(5) (b) supportthe federal revisions to 40CFR 52.21(b)(49) (v)(b).  ** **   ** **The above line-by-line comparison of the proposed revisions to APC&EC Regulation 19, chapter9 to the GHG Tailoring Rulerequirements demonstrates that the proposed revisions are substantively identical to the GHG Tailoring Rule requirements at 40CFR52.21(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 s ubmitted by a State under this Act shall be adopted by such State after re asonable notice and public hearing. The Administrator shall not approve a revi sion of a plan if the revision would interfere with any applicable requirem ent 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 appli cable 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 implem ent the GHG Tailoring Rule thresholds are necessary revisions to ensure consistency with the federal PSD permitting requirements. The revised Arkansas PSD program thr ough 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 attain ment or reasonable further progress or any other applicable require ment of the Act.

### 28 III. Conclusion

The technical analysis provided in the preced ing 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, en acted 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 EP A’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 Re gulation 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.