Arkansas Revisions to Regulation No. 9, Fee Regulation, submitted to EPA 

November 6, 2012 (AR-36) 

This document contains only the revisions to Arkansas Regulation No. 9, 

Fee Regulation, submitted to EPA November 6, 2012 (AR-36), with 

revisions to Arkansas Regulation No. 19, Regulations of the Arkansas Plan 

of Implementation for Air Pollution Control, and revisions to Arkansas 

Regulation No. 26, Regulations of the Arkansas Operating Air Permit 

Program; RE Greenhouse Gas (GHG) Tailoring Rule and Biomass 

Deferral. The entire submittal is available in Regulations.gov at: 

AR014.03 Arkansas Revisions to Regulation No. 9, Fee Regulation; Regulation No. 19, Regulations of the 

Arkansas Plan of Implementation for Air Pollution Control; and Regulation No. 26, Regulations of the 

Arkansas Operating Air Permit Program; RE Greenhouse Gas (GHG) Tailoring Rule and Biomass 

Deferral, submitted to EPA November 6, 2012 (AR-36) (EPA Received November 27, 2012). 326 pages 

3.5 MB t14

Regulations.gov document EPA-R06-OAR-2012-0639-0003 
STATE OF ARKANSAS 

MIKE BEEBE 

GoVERNOR 

November 6, 2012 

Ron Curry, Regional Administrator 

United States EPA Region VI 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

Re: Arkansas State Implementation Plan (SIP) Revision 

Dear Mr. Curry: 

RECEIVED 

12 DEC -3 PH 4: 53 

AIR PEHHITS SECTiON 

fif'O-R 

The Arkansas Department of Environmental Quality ("ADEQ") hereby 

respectfully submits, for approval from the United States Environmental Protection 

Agency ("EPA"), our revisions to the Arkansas Pollution Control and Ecology 

Commission's ("Commission") Regulation Number 19, Regulations of the Arkansas Plan 

of Implementation for Air Pollution Control. The Commission adopted changes to 

Regulation Number 19 on June 22, 2012, in response to EPA's Prevention of Significant 

Deterioration and Title V Greenhouse Gas ("GHG") Tailoring Rule: Final Rule" 

("Tailoring Rule") (75 FR 31514, June 3, 2010,) requiring States to address GHG 

emissions in their Prevention of Significant Deterioration ("PSD") and Title V permitting 

programs beginning January 2, 20 II, and in their operating permits for facilities 

beginning July I, 20 II. The Commission also simultaneously adopted revisions to 

Regulations Number 9, Fee Regulation, and Number 26, Regulations of the Arkansas 

Operating Permit Program, which addressed the same matter. 

Arkansas could not incorporate the Deferral for C02 Emissions from Bioenergy 

and Other Biogenic Sources under the Prevention of Significant Deterioration (PSD) and 

Title V Programs ("Biomass Deferral") (76 FR 43490, July 20, 2011,) during the 

Tailoring Rule rulemaking process. This was because the Arkansas GHG rulemaking 

had been initiated and the public hearing-and-comment period had already expired before 

EPA finalized the Biomass Deferral. To include the Biomass Deferral in the State 

regulations, ADEQ submitted an emergency rulemaking petition to the Commission and, 

concurrently, requested initiation of permanent rulemaking to address the Biomass 

Deferral. The Commission approved both emergency rulemaking on the Biomass 

Deferral and initiation of permanent Biomass Deferral rulemaking on June 22, 2012. The 

STATE CAPrrOLSl'!TE250 ·llmEROCKAR 72.."01 

T!liPHONE(50])682-2345 • FAX(50!i682-1382 

L'\'TERNETWEBSITE 0 W\\W~I:11n-~.p· 
Commission adopted the permanent Biomass Deferral rulemaking on October 26, 2012. 

Requirements for a public hearing and comment period on the Biomass Deferral were 

satisfied during the permanent rulemaking process. Arkansas received one nonsubstantive comment on Regulation Number 19, which was incorporated to improve 

readability. 

On this SIP submittal, Arkansas also requests that EPA withdraw the currently 

approved SIP provisions found in Regulation Number 9 and replace them with the 

portions of Regulation Number 9, chapters 1, 2, 3, 5 and 9, which relate to the air 

program. 

Arkansas also requests that EPA review the decision on the proposed partial 

disapproval of the Arkansas SIP for the 1997 eight-hour Ozone and the 1997 and 2006 

fine particulate matter ("PM2 5") national ambient air quality standards ("NAAQS") at 

110(a)(2) for portions (C), (D)(ii) and (J) (77 FR 6711, February 9, 2012,) as Arkansas 

has the resources and, upon EPA's approval of this SIP submittal, will have the authority 

to implement, maintain, and enforce the PSD program for GHG emitting sources. Thus, 

Arkansas has corrected the deficiencies identified in the February 9, 2012, Federal 

Register notice related to GHG emissions regulated under the PSD program. 

Upon EPA's approval of this SIP submittal, Arkansas requests the withdrawal of 

the Federal Implementation Plan (75 FR 82246, December 30, 2010,) governing PSD 

permitting of GHG emissions in the State. 

Arkansas requests that this SIP revision be reviewed and approved as expeditiously as 

possible. The package accompanying this letter consists of two hard copies and one 

electronic copy (on disk), summarized as follows: 

• The Governor's Letter 

• Arkansas State Implementation Plan Revision Introduction 

• Evidence of Adoption of Regulation Changes 

Minute Orders for Adopted Changes 

Arkansas Register Transmittal Sheets 

• State's Legal Authority to Adopt and Implement the Plan 

• Regulations with Changes Indicated 

• · Regulations with Changes Incorporated 

• Procedural Requirements 

ADEQ Regulation Tracking Sheets 

Arkansas Register Transmittal Sheets 

Arkansas State Library Agency Certification Forms 

2 of3 
• Public Participation 

Public Notice Information 

Public Hearing Sign-in Sheets 

Public Comments and Responsiveness Summaries 

I certify that all documents submitted to the Regional Office in electronic form 

are exact duplicates of the hard-copy documents. Should any questions arise, please feel 

free to contact Mike Bates at (50!) 682-0750 or bates@adeq.state.ar.us. Thank you for 

your consideration of ADEQ's submission. 

MB:jb 

Enclosures 

3 of3 
NOVEMBER 6, 2012 

Revisions to the Arkansas State Implementation Plan 

“GHG Tailoring Rule and Biomass Deferral”
Revisions to the Arkansas State Implementation Plan 

Table of Contents 

Tab A State Implementation Plan Submittal Letter 

Tab B Introduction: GHG Tailoring Rule and Biomass Deferral Rule 

Tab C Evidence of State’s Adoption of the Revised Plan into Regulations 

GHG Tailoring Rule 

Biomass Deferral Rule 

Tab D State’s Legal Authority to Adopt and Implement the Plan 

Tab E Regulations with Changes Indicated 

GHG Tailoring Rule 

Biomass Deferral Rule 

Tab F Regulations with Changes Incorporated 

GHG Tailoring Rule 

Biomass Deferral Rule 

Tab G Procedural Requirements 

GHG Tailoring Rule 

 - Regulation Tracking Sheets 

 - Arkansas Register Transmittal Sheets 

 - Arkansas State Library Agency Certification Forms

Biomass Deferral Rule 

 - Regulation Tracking Sheets 
 - Arkansas Register Transmittal Sheets 

 - Arkansas State Library Agency Certification Forms 

Tab H Public Participation 

GHG Tailoring Rule: Regulations 9, 19, and 26 

 - Public Notice Information 

 - Public Hearing Sign-in Sheets 

 - Public Comments and Responsiveness Summaries 

Biomass Deferral Rule: Regulations 19 and 26 

 - Public Notice Information 

 - Public Hearing Sign-in Sheets 

 - Public Comments and Responsiveness Summaries 

Arkansas’s State Implementation Plan Revision 

 - Public Notice Information 

 - Public Hearing Sign-in Sheets 

 - Affidavit: Public Participation Process 
Tab B 

Introduction: GHG Tailoring Rule and Biomass Deferral Rule
Page 1 of 5 

Arkansas State Implementation Plan Revision 

Introduction 

On June 3, 2010, the Environmental Protection Agency (“EPA”) published the Prevention of 

Significant Deterioration and Title V Greenhouse Gas (“GHG”) Tailoring Rule: Final Rule 

(“Tailoring Rule”) (75 FR 31514), requiring States to address GHG emissions in their title V and 

Prevention of Significant Deterioration (“PSD”) permitting programs beginning January 2, 2011, 

and in their operating permits for facilities beginning July 1, 2011. 

 In order to implement the final rule for GHG emissions in Arkansas and to incorporate it 

into the State permitting program, three Regulations (Numbers 9, 19, and 26) of the Arkansas 

Pollution Control & Ecology Commission (“Commission” or “APC&EC”) required revision. 

Regulation Number 9 establishes permit fees for water, air, and solid waste permitting. Regulation 

Number 19 is applicable to any stationary source with the potential to emit any federally regulated 

air pollutant equal to or in excess of the threshold for a major source, to minor sources, and is 

federally enforceable. Regulation Number 26 is intended to meet the requirements of title V of the 

federal Clean Air Act and 40 C.F.R. Part 70 by establishing a comprehensive state air quality 

operating permit program for major sources of air contaminants emissions. 

Approved Arkansas SIP components affected by this Revision 

APC&EC Regulation Number 9 

9.502 (B) and (C) 

APC&EC Regulation Number 19 

Chapter 2 Definitions 

o “Carbon dioxide equivalent emissions (CO2e)”

o “Federally regulated air emissions” item (E) 

o “Greenhouse gases” 

19.407 Permit Amendments 

o 19.407(C)(3) 

Chapter 9 Prevention of Significant Deterioration 

o 19.904(G) 

Appendix A Insignificant Activities List 

o Group A, Items #1 & #13

APC&EC Regulation Number 26 

26.401 Duty to apply 

The Arkansas Department of Environmental Quality (“ADEQ”) filed Regulation Numbers 

19 and 26 with the Commission to initiate rulemaking on January 14, 2011, and filed Regulation 

Number 9 with the Commission on November 18, 2011. The public hearing for Regulation 

Numbers 19 and 26 was held on March 8, 2011, and the public comment period was extended 
Arkansas State Implementation Plan Revision 

Introduction 

2 of 5 

through April 11, 2011. The public hearing for Regulation Number 9 was held on January 17, 

2012, and the public comment period expired January 31, 2012. In addition to the initial public 

hearings and comment periods, public stakeholder meetings also occurred on December 14, 2010, 

March 11, 2011, and February 29, 2012, and additional meetings were held with the Arkansas 

Environmental Federation representatives through May 2012. EPA also provided comments to 

ADEQ on the draft language during the public review process and again in the spring of 2012. 

Several changes were made to the originally proposed revisions as a result of considering comments 

received during this lengthy process. A responsive summary addressing public comments was 

finalized and ADEQ presented these regulations to the Arkansas Legislative Administrative Rules 

and Regulations Committee (ARR), the Legislative Joint Public Health and Welfare Committee 

(PHW), and the Legislative Council. After the regulations were reviewed by these committees, the 

revised and final regulations were presented to the Arkansas Pollution Control and Ecology 

Commission (Commission) on June 22, 2012, for final approval. The regulations were adopted by 

the Commission on June 22, 2012. Following the Commission's approval, the regulations were 

filed with the Arkansas Secretary of State and are fully effective, as of July 9, 2012. 

Also on June 22, 2012, the Commission promulgated on an emergency basis Regulation Numbers 

19 and 26 addressing EPA’s Deferral for CO2 emissions from Bioenergy and Other Biogenic 

Sources under the Prevention of Significant Deterioration and Title V Final Rule (“Biomass 

Deferral”) (76 FR 43490, July 20, 2011), which defers GHG permitting requirements for biogenic 

carbon dioxide (CO2) emissions from bioenergy and other biogenic stationary sources until July 21, 

2014. The Emergency Rule will remain in effect for 180 days. Permanent rulemaking for the 

Biomass Deferral included a public hearing, held on August 1, 2012, and comment period that 

ended on August 15, 2012. ADEQ d received one non-substantive comment on Regulation 

Number 19 which was incorporated to improve readability. ADEQ presented the permanent 

Biomass Deferral rulemaking and responsive summaries for Regulation Numbers 19 and 26 to the 

PHW on September 13, 2012, and to the ARR on October 15, 2012, and, subsequently, to the 

Legislative Council. After Legislative approval, the Commission adopted the permanent Biomass 

Deferral rulemaking on October 26, 2012.. Following the Commission's approval, Regulation 

Numbers 19 and 26 were filed with the Arkansas Secretary of State. 

Regulation Number 9: Regulations of the Arkansas Permit Fee Regulations 

EPA’s Tailoring Rule did not require states to change permit fee requirements to address 

greenhouse gases, nor did it require states to submit a new permit fee demonstration under 40 

C.F.R. §70.9 for state program revisions related to the permitting of greenhouse gases (75 FR 

31584, June 3, 2010). The Tailoring Rule allows states to use their discretion related to fees for 

GHGs, so long as fee collections are adequate for the administration of the title V program. EPA 

has previously determined that Arkansas’s air permit fee structure is adequate to support the title V 

program in the state and satisfies the federal requirements (66 FR 51314, October 9, 2001). 

After careful examination of the title V program and current permitting fees collected, it was 

concluded that existing program fees will be adequate to cover the program costs that include 

permitting of GHGs at Tailoring Rule levels. Therefore, Regulation Number 9 (Fee Regulation) was 

amended in order to prevent sources from incurring carbon dioxide and methane emission fees once 

Tailoring Rule changes were finalized in Regulation Numbers 19 and 26. 

The regulatory amendments related to the SIP which were adopted by the Commission include: 
Arkansas State Implementation Plan Revision 

Introduction 

3 of 5 

Exclusion of methane and carbon dioxide from being chargeable emissions in order to 

keep the air permit program’s fee structure unchanged. 

In this SIP submittal, Arkansas requests that EPA withdraw the currently approved SIP provisions 

found in Regulation Number 9 and replace them with the portions of Regulation Number 9 that 

relate to the air program. Included in this SIP revision are Chapters 1, 2, 3, 5 and 9 of Regulation 

Number 9. The effective date of these Regulation Number 9 provisions is July 9, 2012. 

Regulation Number 19: Regulations of the Arkansas Plan of Implementation 

for Air Pollution Control 

The changes to Regulation Number 19 were filed in response to EPA’s Tailoring Rule and 

the Finding of Substantial Inadequacy and SIP Call issued by EPA on December 13, 2010 (75 FR 

77698). The Tailoring Rule requires that greenhouse gases be subject to regulation under the Clean 

Air Act. 

The regulatory amendments related to the SIP involve the following: 

a) Addition of a provision to 19.102 (Applicability) which will 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; 

b) Addition of definitions in Chapter 2 for “carbon dioxide equivalent emissions” (“CO2e”) 

and “greenhouse gases;” 

c) Revision of the definition of “Federally Regulated Air Pollutant” (“FRAP”) to clarify that 

GHGs will only be considered FRAPs if from a stationary source emitting or having the 

potential to emit 75,000 tons per year (“tpy”) CO2e emissions or more when the source is 

regulated under Chapter 9 (“Prevention of Significant Deterioration”) of Regulation 

Number 19; 

d) Addition of language to ensure greenhouse gas emission increases of less than 75,000 tpy 

can be processed as “De Minimis” permit changes (Reg.19.407), thus enabling sources to 

avoid major permit modifications for GHG emissions under this level. Even though use of 

the term “de minimis” may seem to imply this threshold level of GHG emissions to be 

environmentally insignificant, that is not the intention. The proposed addition seeks only 

to establish streamlined permitting procedures for modifications resulting in lower levels 

of GHG emissions, which are separate from permitting procedures for major permits. The 

term “de minimis,” as used in the context of Regulation Number 19, applies to a permitting 

process, and is not intended to be an excluding factor for the permitting of a source or to 

indicate that “de minimis” permitting levels will result in trivial environmental impacts. 

These amendments will modify ADEQ’s PSD permitting program to match EPA’s 

Tailoring Rule, so that existing facilities subject to the PSD permitting program will be 

required to include greenhouse gases in their permits if they increase their emissions of 

greenhouse gases by 75,000 tons of CO2e per year or more. The requirements also apply 
Arkansas State Implementation Plan Revision 

Introduction 

4 of 5 

to preconstruction permits for new facilities that emit at least 100,000 tpy of greenhouse 

gases (Reg.19.904); 

e) Addition of language to include the federal Biomass Deferral (Reg.19.904(G)(2)(b)); 

f) Renumbering for clarification (Reg.19.904(G)(2)); 

g) Revision of Appendix A, Group A, Insignificant Activity List, of Regulation Number 19, 

to clarify that activities emitting less than 75,000 tpy of carbon dioxide emissions could be 

considered insignificant. Without this revision, all emissions of CO2, even those lower

than Tailoring Rule permitting thresholds, would have been counted toward a facility’s 

insignificant activity emissions of 10 (ten) tpy of “any pollutant” as allowed for in the 

original language. These changes were necessary to avoid specified emissions of CO2

from triggering the need for permits at thresholds lower than the Tailoring Rule. 

Previously, the Appendix read so that any fuel burning equipment (design rate < 

10MMBtu/hr) emitting less than ten (10) tpy of any pollutant (including GHGs) and less 

than 5 tpy for any combination of Hazardous Air Pollutants (“HAPs”) qualified as an 

“insignificant activity;” and 

h) Revision of Appendix A, Group A, applied to “other activities” which do not require 

permitting to comply with federal or State law. Such activities were previously defined in 

the Regulation as emitting less than “5 tpy of any pollutant regulated under this regulation 

or less than 1 tpy of a single HAP or 2.5 tpy of any combination of HAPs.” An emissions 

limit of 5 tpy was too low when applied to CO2, which is now defined as an air pollutant. 

The revised language reads, “emissions are less than 75,000 tpy carbon dioxide, 1 tpy of a 

single HAP or 2.5 tpy of any combination of HAPs, or 5 tpy of any other air pollutant 

regulated under this regulation,” so that the exception was carried out as is intended by the 

regulation. These proposed changes intend for Arkansas’s regulations to be as stringent as 

federal law. To ensure that an “insignificant activity” is truly insignificant in theory and in 

practice, the introductory paragraph to Appendix A includes a statement that “Any activity 

for which a state or federal applicable requirement applies (such as NSPS, National 

Emission Standards for Hazardous Air Pollutants [NESHAP], or Maximum Achievable 

Control Technology [MACT]) is not insignificant, even if this activity meets the criteria 

below.” This statement pre-dates the GHG revisions and was not altered in this 

rulemaking. This statement means that if any federal applicable requirement, including 

PSD for GHG, is triggered as a result of a particular activity at a source, the emissions are 

subject to permitting and are not considered to be insignificant. 

Making these changes will maintain consistency between Federal air pollution control programs and 

the Commission’s regulations governing air pollution in Arkansas and, consequently, enabling 

ADEQ to seek EPA’s approval of the Arkansas’s SIP and to request the rescission of the Federal 

Implementation Plan (75 FR 82246, December 30, 2010) currently in place governing PSD 

permitting of greenhouse gas emissions in Arkansas. 

Regulation Number 26: Regulations of the Arkansas Operating Permit Program 
Arkansas State Implementation Plan Revision 

Introduction 

5 of 5 

The changes to Regulation Number 26 were filed in response to EPA’s Tailoring Rule (June 

3, 2010) and the Finding of Substantial Inadequacy and SIP Call issued by EPA on December 13, 

2010 (75 FR 77698). The Tailoring Rule requires that greenhouse gases be subject to regulation 

under the Clean Air Act. 

The regulatory amendments related to the SIP involve the following: 

Revision of the “Duty to apply” section (26.401) to include the most recent revision to 40 

C.F.R. Part 70, i.e. June 3, 2010. 

These changes have been made in conjunction with changes to Regulation Number 9, 

Arkansas Air Pollution Control Code, and to Regulation Number 19, Regulations of the Arkansas 

Plan of Implementation for Air Pollution Control, to ensure consistency between the SIP and Title 

V program. 

The changes to Regulation Numbers 9, 19, and 26 are consistent with and allowable under 

federal programs. The proposed changes are protective of air quality in the state and will not affect 

attainment goals. 

 The changes also clarify existing regulatory language, correct and update formatting, and 

remove duplicative language from other Commission regulations. 

 Sources affected by this program revision are found throughout the state. 

 These revisions do not affect ADEQ’s ability to protect the National Ambient Air Quality 

Standards, Prevention of Significant Deterioration increments, Reasonable Further Progress 

demonstrations, or visibility goals. 

 No substantive revisions have been made to the emission limitations, work practice 

standards or recordkeeping/reporting requirements portions of this program. 

 Furthermore, the ADEQ’s existing compliance and enforcement strategies will remain in 

place. 
Tab C 

Evidence of State’s Adoption of the Revised Plan into Regulations 
GHG Tailoring Rule 
ARKANSAS POLLUTION CONTROL 

AND ECOLOGY COMMISSION 

lVIINUTE ORDER NO. 12 - ~3 

SUBJECT Adoption of 

Revisions to Regulation 9, 

Fee Regulation 

DOCKET NO. 11-007-R 

PAGE 1 OF 1 

Pursuant to public notice and hearing, and in consideration of comments 

received, the Arkansas Pollution Control and Ecology Commission hereby 

adopts changes to Regulation No.9, Fee Regulation. 

PROMULGATED THIS 22nd DAY OF JUNE, 2012, BY ORDER OF THE ARKANSAS 

POLLUTION CONTROL AND ECOLOGY COMMISSION. 

BY: 

ATTEST: ~( IJ l'l- L .. vt t\.. I ~ I Ltv~ . Teresa Marks, Director 

~M:!!'ERS J. Bates 

__ ...,.~<--.::!oo;F---- L. Bengal 

________ J. Chamberlin(Chair) 

J. Fox ---Jnh....-6...,------- D. Hendrix 

~ L. Hitchcock tJ.;;.pr S. Jorgensen (Vice Chair) 

-------,1~- D. Samples 

----=------ L. Sickel 

- --l",._,.,AA--J----- ~ J. Simpson 

___ " _____ W. Thompson 

~ ............... B. White p R.Young 

~~~ SUBMITTED BY: Mike Bates PASSED: 06/22/12 

()~. Chamberlin, Chair 
ARKANSAS REGISTER 

Transmittal Sheet 

*Use only for FINAL and EMERGENCY RULES 

For Office 

Use Only: 

Secretary of State 

Mark Martin 

State Capitol, Suite 026 

Little Rock, Arkansas 72201-1094 

(501) 682-3527 

www.sos.arkansas.gov 

Effective Date Code Number ____________________________ __ 

Name of Agency Arkansas Department of Environmental Quality 

Department Arkansas Pollution Control & Ecology Commission 

Con~ct Mike Bates E-mail bates®adeq.state.ar.Pfr%ne (501) 682-0750 

Statutory Authority for Promulgating Rules A. C. A. §8 -4-2 011 § 8-4-2 02 1 §8 -4-3 041 & §8 -4-311 

RuleTitle: Reg. No. 91 Permit Fee Regulations; Docket 11-007-R; MO 12-23 

Intended Effective Date Date 

[Check One) 

D Emergency (ACA 25-15-204) 

D 30 Days After Filing (ACA 25-15-204) 

D Other ____________________ _ 

Legal Notice Published 

Final Date for Public Comment 

Reviewed by Legislatice Council 

1210712012 

0113112012 

0611312012 

(Must be more than 30 days after filing date.) 

Adopted by State Agency 0 6 I 2 2 I 2 012 

Electronic Copy of Rule submitted under ACA 25-15-218 by: 

Mike Bates bates®adeq.state.ar.us 0612912012 

Contact Person E-mail Address 

CERTIFICATION OF AUTHORIZED OFFICER 

I Hereby Certify That The Attached Rules Were Adopted 

In Compliance with Act 434 of 1967 the Arkansas Administrative Procedures Act. (ACA ~-15-201 et. ~.) 

L I VlU'l N 

~ -jrT"l__.,. (_ / i :r::~!~- c: 'ilA.t- ~ I ~.;,t· ::2 

Signature 1 ~=? :· - N 

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(501) 682-7890 charles.moulton®arkansisag:gov -~ Phone Number E-mail Address · -" _-- ,) 

Administrativer Hearing Officer ~~-~- ~;_ 

I

I :i::>-2::- •• 

Ulrn 

c...n 

Title 

0612912012 Date 

Revised B/2011 to reflect new legislation passed tn 2011. 

Date 

./;I 

-__, f'T1 

rr1 :::oC 

a 

~ 
ARKANSAS POLLUTION CONTROL 

AND ECOLOGY COMMISSION 

SUBJECT Adoption of 

Revisions to Regulation 19, 

Regulations of the Arkansas 

Plan of Implementation for 

Air Pollution Control 

DOCKET NO. 11-002-R 

MINUTE ORDER NO. 12 - a \ PAGE 1 OF 1 

Pursuant to public notice and hearing, and in consideration 

of comments received, the Arkansas Pollution Control and Ecology 

Commission hereby adopts changes to Regulation No. 19, Regulations ofthe 

Arkansas Plan of Implementation for Air Pollution Control. 

PROMULGATED THIS 22nct DAY OF JUNE, 2012, BY ORDER OF THE ARKANSAS 

POLLUTION CONTROL AND ECOLOGY COMMISSION. 

ATTEST: 

BY: 

/) lil· / ~U/?C-- If {,C\_/~ 

Teresa Marks, Director 

--------.;~.,£---D. Samples 

---r.:-.------ L. Sickel 

--~fo1b'P-:o....!---· ___ J. Simpson ________ W. Thompson 

---""7"'1----,.'-,r: __ B. White 

---~--4 ... ?/"-------- R. Young 

~~UBMITTED BY: Mike Bates 

. Chamberlin, Chair 

PASSED: 06/22/12 
ARKANSAS REGISTER 

Transmittal Sheet 

*Use only for FINAL and EMERGENCY RULES 

For Office 

Use Only: 

Secretary of State 

Mark Martin 

State Capitol, Suite 026 

Little Rock, Arkansas 72201-1094 

(501) 682-3527 

www.sos.arkansas.gov 

Effective Date-----------Code Number---------------

NameofAgency Arkansas Department of Environmental Quality 

Department Arkansas Pollution Control & Ecology Commission 

Conmct Mike Bates E-mail bates@adeq.state.ar.Ph%ne (501) 682-0750 

StatutoryAuthorityforPromulgatingRules A.C.A. §8-4-201, §8-4-202, and §8-4-311 

Rule Title: Reg No. 19, Regulations of the AR Plan of Implementation for Air 

Pollution Control; Docket No. 11-002-R; Minute Order No. 12-21 

Intended Effective Date Date 

(Check One] 

D Emergency (ACA 25-15-204) 

D 30 Days After Filing (ACA 25-15-204) 

D Other __________ _ 

(Must be more than 30 days after filing date.) 

Legal Notice Published 

Final Date for Public Comment 

Reviewed by Legislatice Council 

Adopted by State Agency 

02/02/2011 

04/11/2011 

06/13/2012 

06/22/2012 

Electronic Copy of Rule submitted under ACA 25-15-218 by: 

Mike Bates bates@adeq.state.ar.us 06/29/2012 

Contact Person E-mail Address 

CERTIFICATION OF AUTHORIZED OFFICER 

I Hereby Certify That The Attached Rules Were Adopted OJ 

In Compliance with Act 434 of 1967 the Arkansas Administrative Procedure Act. (ACA Zs:-15-201 et. s~ -, - VJUJ N 

/~ /. f ~~~~: ;:~ ' N 

) \...0 

(501) 682-7890 charles .moulton@arkansaisa~:J<gov 

Date 

A~:n:~u::e~rati ver Hearing O;~n:i~::ess ~~ 0~ ; Title Cflp! 0 

06/29/2012 o-. :< 

Date 

Revised 8/ZOll to reflect new legislation passed In 2011. 
ARKANSAS POLLUTION CONTROL 

AND ECOLOGY COMMISSION 

SUBJECT Adoption of 

Revisions to Regulation 26, 

Regulations of the Arkansas 

Operating Air Permit 

Program 

DOCKET NO. 11-003-R 

MINUTE ORDER NO. 12 - ~~ PAGE 1 OF 1 

Pursuant to public notice and hearing, and in consideration of comments 

received, the Arkansas Pollution Control and Ecology Commission hereby 

adopts changes to Regulation No. 26, Regulations of the Arkansas Operating 

Air Permit Program. 

PROMULGATED THIS 22"ct DAY OF JUNE, 2012, BY ORDER OF THE ARKANSAS 

POLLUTION CONTROL AND ECOLOGY COMMISSION. 

BY: 

ATTEST: ~-Ll-4~, ll\a)vL 

Teresa Marks, Director 

______ }z-'-_D. Samples 

-------...,,.------ L. Sickel 

------h~~,_· ___ J. Simpson 

---------=~"'-- W. Thompson 

-------,H4-.,..~.,c./?": ___ ..... _B. White 

_ _....L..f--"V'--------- R. Young 

SUBMITTED BY: Mike Bates PASSED: 6/22/2012 

. Chamberlin, Chair 
ARKANSAS REGISTER 

Transmittal Sheet 

*Use only for FINAL and EMERGENCY RULES 

For Office 

Use Only: 

Secretary of State 

Mark Martin 

State Capitol, Suite 026 

Little Rock, Arkansas 72201-1094 

(501) 682-3527 

www.sos.arkansas.gov 

Effective Date-----------Code Number----------------

Name of Agency Arkansas Department of Environmental Quality 

Department Arkansas Pollution Control & Ecology Commission 

Con~ct Mike Bates E-mail bates®adeq.state.ar.Ph%ne (501) 682-0750 

Statutory Authority for Promulgating Rules A· C .A. § 8-4-2 01, § 8-4-202, and § 8-4-311 

RuleTitle: Reg No. 26, Regulations of the Arkansas Operating Air Permit 

Program; Docket No. 11-003-R; Minute Order No. 12-22 

Intended Effective Date Date 

(Check One] 

D Emergency (ACA 25-15-204) 

D 30 Days After Filing (ACA 25-15-204) 

D Other -,--,----,----:----::--:-------:----,---

(Must be more than 30 days after Hling date.} 

Legal Notice Published 

Final Date for Public Comment 

Reviewed by Legislatice Council 

Adopted by State Agency 

02/02/2011 

04/11/2011 

06/13/2012 

06/22/2012 

Electronic Copy of Rule submitted under ACA 25-15-218 by: 

Mike Bates bates®adeq.state.ar.us 06/29/2012 

Contact Person E-mail Address 

CERTIFICATION OF AUTHORIZED OFFICER 

I Hereby Certify That The Attached Rules Were Adopted ~ 

In Compliance with Act 434 of 1967 the Arkansas Administrative Procedures Act. (ACA 25f 15-Wet. se€N 

~~I 

/) / \ ~~-:·· (_ \ ~~t~-·~ ~.·~ Slgflature • l ·,: ~ 83 I 

(501) 682-7890 charles .moulton®arkansa~ag .. gov 

Phone Number E-mail Address I ::~ v 

Administrativer Hearing Officer I :;;~: 

06/~t;/2012 II <f;r•1 

Date 

Revtsed 8/ZOll to reflect new legislation passed tn 2011. 

Date 

I ''il ~J t-,,__ ";:;,-

·lf"Tl r11..,.... 

;;.() '-JI 

0 

:< 
Biomass Deferral Rule 
ARKANSAS POLLUTION CONTROL 

AND ECOLOGY COMMISSION 

MINUTE ORDER NO. 12- 4\o 

SUBJECT Adoption of 

Revisions to Regulation 19, 

Re2ulations of the Arkansas 

Plan of Implementation for 

Air Pollution Control 

DOCKET NO. 12-005-R 

PAGE 1 OF 1 

Pursuant to public notice and hearing, and in consideration of comments received, 

the Arkansas Pollution Control and Ecology Commission hereby adopts changes to 

Regulation No. 19, Regulations ofthe Arkansas Plan ofimplementation for Air 

Pollution Control. 

PROMULGATED THIS 261

h DAY OF OCTOBER, 2012, BY ORDER OF THE 

ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION. 

BY: 

ATTEST: ~d~~f~ Teresa Marks, Director 

COMMISSIONERS 

PASSED: 10/26/2012 

EXHIBIT E 
ARKANSAS REGISTER 

Transmittal Sheet 

*Use only for FINAL and EMERGENCY RULES 

For Office 

Use Only: 

Secretary of State 

Mark Martin 

State Capitol, Suite 026 

Little Rock, Arkansas 72201-1094 

(501) 682-3527 

www.sos.arkansas.gov 

Effective Date-----------Code Number ______________ _ 

NameofAgency Arkansas Pollution Control & Ecology Commission 

Department Arkansas Department of Environmental Quality 

Contact Mike Bates 

bates@adeq.state.ar.us 

E-mail ___________ Phone (50 1) 6 8 2- 0 7 3 0 

Statutory Authority for Promulgating Rules _A_._c_._A_._§_8_-_4_-_2_0_2 _____________ _ 

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

Rule Title: -f~o-r--==-A..,.i-r---.P"""o~l.....,l..-u--:-t..,..i_o_n--::c•o-n....,t,....r-o-.....-1-; --=o,....o_c,.k-e--:t--.N""o-. --:;1-::2:-_-.0"""'0"""6:::---"-R=-; ---:-:M:-::O,......-,#r:1:-:2"""--47"";;5--

Intended Effective Date 

(Check One) 

D Emergency (ACA 25-15-204) 

D 30 Days After Filing (ACA 25-15-204) 

D Other __________ _ 

(Must be more than 30 days after flllug date.] 

Electronic Copy of Rule submitted under ACA 25-15-218 by: 

Contact Person E-mail Address 

Legal Notice Published 

Final Date for Public Comment 

Reviewed by Legislatice Council 

Adopted by State Agency 

0:::0 

-< 

I 

CERTIFICATION OF AUTHORIZED OFFICER 

I Hereby Certify That The Attached Rules Were Adopted , 

Date 

08/01/12 

08/15/12 

08/17/12 

10/26/12 

·' 

Oate 

In Compliance with Act 434 of 1967 the Arkansas Administrative Procedures Ac (ACA 25-15-201 et. seqJ::: 

\ .. 1\ \._/"; .. :::~ ,., 

' t~;·' Signature \ 

(501) 682-7890 charles.moulton@arkans.sag.org 

Phone Number E-mail Address 

Administrative Hearing Officer 

Title 

November 8, 2012 

Date 

Revised 8/ZOll to reRect new legislation passed In ZOll. 
Tab D 

State’s Legal Authority to Adopt and Implement the Plan 
State’s Legal Authority to Adopt and Implement the Plan 

The State’s legal authority to adopt and implement this State Implementation Plan revision 

can be found in Arkansas Code Annotated (A.C.A.) § 8-1-203(b)(1).
Arkansas Code Annotated § 8-1-203 

8-1-203. Powers and responsibilities of the Arkansas Pollution Control and Ecology 

Commission.

(a) The Arkansas Pollution Control and Ecology Commission shall meet regularly in publicly noticed 

open meetings to discuss and rule upon matters of environmental concern. 

(b) The commission's powers and duties shall be as follows: 

(1)(A) Promulgation of rules and regulations implementing the substantive statutes charged to the 

Arkansas Department of Environmental Quality for administration. 

(B) In promulgation of such rules and regulations, prior to the submittal to public comment and 

review of any rule, regulation, or change to any rule or regulation that is more stringent than the 

federal requirements, the commission shall duly consider the economic impact and the environmental 

benefit of such rule or regulation on the people of the State of Arkansas, including those entities that 

will be subject to the regulation. 

(C) The commission shall promptly initiate rulemaking proceedings to further implement the 

analysis required under subdivision (b)(1)(B) of this section. 

(D) The extent of the analysis required under subdivision (b)(1)(B) of this section shall be defined in 

the commission's rulemaking required under subdivision (b)(1)(C) of this section. It will include a 

written report which shall be available for public review along with the proposed rule in the public 

comment period. 

(E) Upon completion of the public comment period, the commission shall compile a rulemaking 

record or response to comments demonstrating a reasoned evaluation of the relative impact and 

benefits of the more stringent regulation; 

(2) Promulgation of rules, regulations, and procedures not otherwise governed by applicable law that 

the commission deems necessary to secure public participation in environmental decision-making 

processes; 

(3) Promulgation of rules and regulations governing administrative procedures for challenging or 

contesting department actions; 

(4) In the case of permitting or grants decisions, providing the right to appeal a permitting or grants 

decision rendered by the Director of the Arkansas Department of Environmental Quality or his or her 

delegatee; 

(5) In the case of an administrative enforcement or emergency action, providing the right to contest 

any such action initiated by the director; 
(6) Instruct the director to prepare such reports or perform such studies as will advance the cause of 

environmental protection in the state; 

(7) Make recommendations to the director regarding overall policy and administration of the 

department. However, the director shall always remain within the plenary authority of the Governor; 

and 

(8) Upon a majority vote, initiate review of any director's decision. 

(c)(1) In providing for adjudicatory review as contemplated by subdivisions (b)(4) and (5) of this 

section, the commission may appoint one (1) or more administrative hearing officers. The 

administrative hearing officers shall at all times serve as agents of the commission. 

(2) In hearings upon appeals of permitting or grants decisions by the director or contested 

administrative enforcement or emergency actions initiated by the director, the administrative hearing 

officer shall administer the hearing in accordance with procedures adopted by the commission and, 

after due deliberation, submit his or her recommended decision to the commission. 

(3)(A)(i) Commission review of any appealed or contested matter shall be upon the record compiled 

by the administrative hearing officer and his or her recommended decision. 

(ii) Commission review shall be de novo. However, no additional evidence need be received unless 

the commission so decides in accordance with established administrative procedures. 

(B) The commission may afford the opportunity for oral argument to all parties of the adjudicatory 

hearing. 

(C)(i) By the majority vote of a quorum, the commission may affirm, reverse and dismiss, or reverse 

and remand to the director. 

(ii) If the commission votes to affirm or reverse, such decision shall constitute final agency action for 

purposes of appeal. 

(4) Any party aggrieved by the commission decision may appeal as provided by applicable law. 

(d) The chair of the Arkansas Pollution Control and Ecology Commission may appoint one (1) or 

more committees composed of commission members to act in an advisory capacity to the full 

commission. 

HISTORY: Acts 1991, No. 1230, § 1; 1993, No. 163, § 7; 1993, No. 165, § 7; 1993, No. 1264, § 2; 

1995, No. 117, § 1.
Tab E 

Regulations with Changes Indicated 
VISUAL KEY TO REGULATION REVISION MARK-UP

Single Underline Red = originally proposed new language 

Single Strikethrough Red = originally proposed deletion of language

Double Underline Red = proposed addition of language after Public Comment

Double Strikethrough Red = proposed language withdrawn after Public Comment

Examples of Combined Revision Mark-ups: 

Originally proposed new language, this part withdrawn after Public 

Comment. 

Originally proposed deletion of language, this part added or retained after 

Public Comment.
GHG Tailoring Rule 
Pollution Control and Ecology Commission #014.00-009 

 

ARKANSAS POLLUTION CONTROL 

AND ECOLOGY COMMISSION 

Regulation No. 9 

 

 

Fee Regulation 

Final Draft 
i 

REGULATION NO. 9 

FEE REGULATION 

TABLE OF CONTENTS 

CHAPTER 1: TITLE .................................................................................................................. 1-1

Reg.9.101 Title ...................................................................................................... 1-1

Reg.9.102 Purpose ................................................................................................. 1-1

Reg.9.103 Applicability ......................................................................................... 1-1

Reg.9.104 Severability ........................................................................................... 1-1

CHAPTER 2: DEFINITIONS .................................................................................................... 2-1

CHAPTER 3: PERMIT FEE PAYMENT .................................................................................. 3-1

Reg.9.301 Permit Fee Payment ............................................................................. 3-1

Reg.9.302 Refunds ................................................................................................. 3-2

CHAPTER 4: WATER PERMIT FEES ..................................................................................... 4-1

Reg.9.401 Maximum Water Permit Fees .............................................................. 4-1

Reg.9.402 General Provisions ............................................................................... 4-1

Reg.9.403 Fees for Permits Issued Under the National Pollutant Discharge 

Elimination System (NPDES) Permits. ................................................ 4-2

Reg.9.404 General Permits .................................................................................... 4-5

Reg.9.405 Fees for Non-NPDES Permits. ............................................................. 4-5

Reg.9.406 Fees for Underground Injection Control (UIC) Permits (Injection 

well classifications are defined in 40 CFR 144.6.) .............................. 4-6

Reg.9.407 Administrative Permit Amendments .................................................... 4-7

CHAPTER 5: AIR PERMIT FEES ............................................................................................ 5-1

Reg.9.501 Applicability ......................................................................................... 5-1

Reg.9.502 Terms Used in Fee Formulas ............................................................... 5-1

Reg.9.503 Initial Fees ............................................................................................ 5-1

Reg.9.504 Annual Fees .......................................................................................... 5-2

Reg.9.505 Modification Fees ................................................................................. 5-2

Reg.9.506 Administrative Permit Amendments and Renewal Permits ................. 5-3

Reg.9.507 General Permits .................................................................................... 5-3

Reg.9.508 Permit Fees for Certain Small Businesses Subject to Part 70 

Permitting Requirements ...................................................................... 5-3

CHAPTER 6: SOLID WASTE PERMIT FEES ......................................................................... 6-1

Reg.9.601 Maximum Amount of Solid Waste Permit Fee Collections ................. 6-1

Reg.9.602 Fee Categories ...................................................................................... 6-1

Reg.9.603 Initial Fees ............................................................................................ 6-1

Reg.9.604 Annual Fees .......................................................................................... 6-2

Reg.9.605 Modification Fees ................................................................................. 6-2

Reg.9.606 Permit Transfer Fees ............................................................................ 6-2

Reg.9.607 Post Closure Fees ................................................................................. 6-2

Reg.9.608 Administrative Permit Amendments .................................................... 6-2

Reg.9.609 General Permits .................................................................................... 6-3

CHAPTER 7: VARIANCES OR INTERIM AUTHORITY REQUESTS................................. 7-1

Reg.9.701 Processing Fee ...................................................................................... 7-1

Reg.9.702 Fees Non-Refundable ........................................................................... 7-1
ii 

CHAPTER 8: LABORATORY CERTIFICATION FEE PROGRAM ...................................... 8-1

Reg.9.801 Laboratory Certification Fees .............................................................. 8-1

Reg.9.802 Laboratory Certification Travel Fees ................................................... 8-1

Reg.9.803 Failure to pay Laboratory Certification Fees ....................................... 8-1

CHAPTER 9: ADMINISTRATIVE PROCEDURES ................................................................ 9-1

Reg.9.901 Department Review of Fees ................................................................. 9-1

Reg.9.902 Appeals ................................................................................................. 9-1

Reg.9.903 Effective Date ....................................................................................... 9-1
5-1

CHAPTER 5: AIR PERMIT FEES 

AIR PERMIT FEES. 

Reg.9.501 Applicability 

The air permit fees contained in this section are applicable to (1) non-part 70 permits, (2) part 70 

permits, and (3) general permits. 

Reg.9.502 Terms Used in Fee Formulas 

(A) $/ton factor is $16/ton until September, 1994, after which time it shall be 

increased annually by the percentage, if any, by which the federal Consumer Price Index 

exceeds that of the previous year. The Director may, after considering the factors 

contained in Reg.9.8901 of this regulation, decide not to increase the $/ton factor in a 

year when the fee fund has a balance greater than 150% of the amount of money 

expended from that fund in the previous year. 

(B) tons/year predominant air contaminant is the permitted emission rate of the 

most predominant air contaminant (other than carbon monoxide, carbon dioxide and 

methane). The maximum value shall be no greater than 4,000 tons/year per facility. 

(C) tons/year chargeable emissions is the sum of the permitted emission rates of all 

air contaminants (other than carbon monoxide, carbon dioxide and methane). The 

maximum value per air contaminant shall not exceed 4,000 tons/year per facility. 

Reg.9.503 Initial Fees 

Initial fees shall be assessed according to the following formulas: 

(A) Non-part 70 permits 

initial fee = $/ton factor x tons/year predominant air contaminant 

Provided, however, no initial fee shall be less than $500 except for general 

permits issued to Non-part 70 sources. 

(B) Part 70 permits 

(1) Permits issued to part 70 sources already holding an active air permit not 

issued pursuant to Department Regulation #26: 

initial fee = [$/ton factor x tons/year chargeable emissions] 

 - amount of last annual air permit fee invoice 

Provided, however, that no initial fee shall be less than $1,000. 

(24) Permits issued to part 70 sources which do not hold an active air permit: 
5-2

initial fee = $/ton factor x tons/year chargeable emissions 

Provided, however, that no initial fee shall be less than the $/ton factor x 

100. 

Reg.9.504 Annual Fees 

Annual fees shall be assessed according to the following formulas: 

(A) Non-part 70 permits 

annual fee = $/ton factor x tons/year predominant air contaminant 

Provided, however, that no annual fee shall be charged for a permit in which the 

tons/year predominant air contaminant is less than 10 tons/year. 

(B) Part 70 permits 

annual fee = $/ton factor x tons/year chargeable emissions 

Provided, however, that no annual fee shall be less than the $/ton factor x 100. 

Reg.9.505 Modification Fees 

Modification and renewal fees for air permits shall be assessed according to the following 

formulas: 

(A) Non-part 70 permits 

modification fee = $/ton factor x tons/year net emissions increase of 

predominant air contaminant 

However, no modification fee shall be less than $400, or more than the $/ton 

factor x 4,000. 

(B) Part 70 permits 

(1) For each non-minor permit modification or each renewal permit involving 

a non-minor permit modification: 

fee = $/ton factor x tons/year net emission increase of chargeable 

emissions 

However, no fee shall be less than $1,000 or more than the $/ton factor x 

4,000. 

(2) $500 for each minor permit modification or each renewal permit 

involving only a minor permit modification. 
5-3

Reg.9.506 Administrative Permit Amendments and Renewal Permits 

There shall be no fee charged for administrative permit amendments or renewal permits not 

involving a permit modification, as such are defined in Regulation 26: Arkansas Operating Air 

Permit Program, Regulation 19: State Implementation Plan for Air Pollution Control, or 

Regulation 18: Arkansas Air Pollution Control Code, as applicable. 

Reg.9.507 General Permits 

(A) In lieu of the fees schedules above, and except as provided in 9.507(B) below, sources 

which qualify for a General Air Permit issued pursuant to APC&EC Reg. Nos. 18, 19, or 

26 shall be subject to an Initial Fee and Annual Fee as described below: 

 (1) The Initial Fee of $200.00 shall be remitted with the Notice of Intent (NOI) 

for coverage under the applicable General Permit. 

 (2) Until a Notice of Termination (NOT) is submitted and approved by the 

Department, the Permittee shall be billed $200.00 annually thereafter on the 

anniversary date of coverage. 

 (3) When general permits are revised, no additional initial fee will be required to 

be submitted if the currently permitted facility has maintained coverage under the 

existing general permit. 

(B) The following General Permit holders shall not be assessed or billed an Annual Fee: 

 (1) Non-part 70 General Permits in which the tons/year predominant air 

contaminant is less than 10 tons per year. 

Reg.9.508 Permit Fees for Certain Small Businesses Subject to Part 70 Permitting 

Requirements 

(A) For purposes of this section, the term “small business stationary source” means a 

stationary source that : 

(1) is owned or operated by a person that employs 100 or fewer individuals 

(2) is a small business concern as defined in the federal Small Business Act 

(www.sba.gov); 

(3) is not a major stationary source; 

(4) is permitted to emit less than 50 tons per year of any regulated pollutant; and 

(5) is permitted to emit less than 75 tons per year of all regulated pollutants. 

(B) Upon written request, the Director may reduce the Part 70 initial, Part 70 annual, 

or Part 70 modification fee for a small business stationary source if the source 

demonstrates to the satisfaction of the Director that they do not have the financial 

resources to pay the fee as calculated. 

(C) When reducing permit fees in accordance with Reg.9.508(B), the Director shall 

calculate the fee as if the source is a non-Part 70 source. 
Tab F 

Regulations with Changes Incorporated 
GHG Tailoring Rule 
Pollution Control and Ecology Commission #014.00-009 

ARKANSAS POLLUTION CONTROL 

AND ECOLOGY COMMISSION 

Regulation No. 9 

Fee Regulation 

Adopted by the PC&E Commission June 22,2012 

; .,T'l 

0 

Ul ,C. 
i 

REGULATION NO. 9 

FEE REGULATION 

TABLE OF CONTENTS 

CHAPTER 1: TITLE .................................................................................................................. 1-1

Reg.9.101 Title ...................................................................................................... 1-1

Reg.9.102 Purpose ................................................................................................. 1-1

Reg.9.103 Applicability ......................................................................................... 1-1

Reg.9.104 Severability ........................................................................................... 1-1

CHAPTER 2: DEFINITIONS .................................................................................................... 2-1

CHAPTER 3: PERMIT FEE PAYMENT .................................................................................. 3-1

Reg.9.301 Permit Fee Payment ............................................................................. 3-1

Reg.9.302 Refunds ................................................................................................. 3-2

CHAPTER 4: WATER PERMIT FEES ..................................................................................... 4-1

Reg.9.401 Maximum Water Permit Fees .............................................................. 4-1

Reg.9.402 General Provisions ............................................................................... 4-1

Reg.9.403 Fees for Permits Issued Under the National Pollutant Discharge 

Elimination System (NPDES) Permits. ................................................ 4-2

Reg.9.404 General Permits .................................................................................... 4-5

Reg.9.405 Fees for Non-NPDES Permits. ............................................................. 4-5

Reg.9.406 Fees for Underground Injection Control (UIC) Permits (Injection 

well classifications are defined in 40 CFR 144.6.) .............................. 4-6

Reg.9.407 Administrative Permit Amendments .................................................... 4-7

CHAPTER 5: AIR PERMIT FEES ............................................................................................ 5-1

Reg.9.501 Applicability ......................................................................................... 5-1

Reg.9.502 Terms Used in Fee Formulas ............................................................... 5-1

Reg.9.503 Initial Fees ............................................................................................ 5-1

Reg.9.504 Annual Fees .......................................................................................... 5-2

Reg.9.505 Modification Fees ................................................................................. 5-2

Reg.9.506 Administrative Permit Amendments and Renewal Permits ................. 5-3

Reg.9.507 General Permits .................................................................................... 5-3

Reg.9.508 Permit Fees for Certain Small Businesses Subject to Part 70 

Permitting Requirements ...................................................................... 5-3

CHAPTER 6: SOLID WASTE PERMIT FEES ......................................................................... 6-1

Reg.9.601 Maximum Amount of Solid Waste Permit Fee Collections ................. 6-1

Reg.9.602 Fee Categories ...................................................................................... 6-1

Reg.9.603 Initial Fees ............................................................................................ 6-1

Reg.9.604 Annual Fees .......................................................................................... 6-2

Reg.9.605 Modification Fees ................................................................................. 6-2

Reg.9.606 Permit Transfer Fees ............................................................................ 6-2

Reg.9.607 Post Closure Fees ................................................................................. 6-2

Reg.9.608 Administrative Permit Amendments .................................................... 6-2

Reg.9.609 General Permits .................................................................................... 6-3

CHAPTER 7: VARIANCES OR INTERIM AUTHORITY REQUESTS................................. 7-1

Reg.9.701 Processing Fee ...................................................................................... 7-1

Reg.9.702 Fees Non-Refundable ........................................................................... 7-1
ii

CHAPTER 8: LABORATORY CERTIFICATION FEE PROGRAM ...................................... 8-1

Reg.9.801 Laboratory Certification Fees .............................................................. 8-1

Reg.9.802 Laboratory Certification Travel Fees ................................................... 8-1

Reg.9.803 Failure to pay Laboratory Certification Fees ....................................... 8-1

CHAPTER 9: ADMINISTRATIVE PROCEDURES ................................................................ 9-1

Reg.9.901 Department Review of Fees ................................................................. 9-1

Reg.9.902 Appeals ................................................................................................. 9-1

Reg.9.903 Effective Date ....................................................................................... 9-1
1-1

CHAPTER 1: TITLE 

Reg.9.101 Title 

This regulation shall be known by and may be cited by the short title “Regulation No. 9: Fees.” 

Reg.9.102 Purpose 

It is the purpose of this regulation to develop and implement a system of fees for permits issued 

by the Arkansas Department of Environmental Quality pursuant to the provisions of the Water 

and Air Pollution Control Act (Act 472 of 1949, as amended, A.C.A. §8-4-101 et seq.) or the 

Solid Waste Management Act (Act 237 of 1971, as amended, A.C.A. §8-6-201 et seq.). Act 817 

of 1983, as amended, Act 1254 of 1993, as amended, and Act 1052 of 1999 (A.C.A. § 8-1-101 et 

seq.) authorize the collection and enforcement of these fees and authorize their use to defray the 

costs of operating the Department. 

It is also the purpose of this regulation to assess reasonable fees to establish and to administer the 

State Environmental Laboratory Certification Program Act (Act 876 of 1985, as amended, 

A.C.A. § 8-2-201 et seq.)

Reg.9.103 Applicability 

Permit fees established by this regulation shall be applicable to all water permits, including nodischarge and closed system permits, issued under the provisions of the Water and Air Pollution 

Control Act, as amended, all air permits issued under the Water and Air Pollution Control Act, as 

amended, or any federal water or air permit program where permitting authority has been 

delegated to the Department (unless fees for such a program are otherwise provided by law), and 

all solid waste disposal permits issued under the provisions of the Solid Waste Management Act, 

as amended, and the Solid Waste Management Code. Facilities operating under the provisions of 

the “Permits by Rule” or “Authorization by Rule” will be exempted from this regulation until 

such time that the facility submits an application for an individual permit within each applicable 

permit category. 

Laboratory certification fees established by this regulation shall be applicable to all laboratories 

certified by the Department. The fees include, but are not limited to, the reasonable costs of 

administering the provisions of the program and the reasonable administrative costs of initial 

issuance, initial certificate, renewed certificates, and the expenses associated with conducting 

evaluations. 

Reg.9.104 Severability 

If any provision of this Regulation or the application thereof to any person or circumstance is 

held invalid, such invalidity shall not effect other provisions or applications of this Regulation 

which can be given effect without the invalid portion or application, and to this end the 

provisions of this Regulation are declared to be severable. 
2-1

CHAPTER 2: DEFINITIONS 

All terms used in this regulation, unless the context otherwise requires, or unless specifically 

defined in the enabling legislation or in federal regulations adopted by reference for program 

management, shall have their usual meaning. In addition, for purposes of this regulation, the 

following definitions apply: 

“Administrative Permit Amendment” means a minor change or permit revision which is not 

typically considered a permit modification, as defined by applicable statutes or regulations, or a 

minor modification which does not require public notice and opportunity for comment. For 

example, typographical corrections or revisions, or other changes initiated by the Department, 

might be considered administrative permit amendments. Some minor changes requested by the 

permittee may also qualify as administrative permit amendments. For purposes of Chapter 5, 

administrative permit amendments are defined in Regulations 18, 19, and 26. The Director, in 

his discretion, may decide whether a revision would be considered an administrative amendment. 

No fee will be charged for administrative permit amendments. 

“Annual Fee” means the fee required to be submitted upon the facility-specific annual invoice 

date for a permit issued pursuant to the Water and Air Pollution Control Act, as amended, or the 

Solid Waste Management Act, as amended. 

“Category” means one type of laboratory test or group of laboratory tests for similar materials 

or classes of materials or which utilize similar methods or related methods. 

“Certificate” means the annual document showing those parameters for which a laboratory has 

received certification. The annual period begins at receipt of fee payments or at the expiration of 

a current certificate. 

“Commission” means the Arkansas Pollution Control and Ecology Commission. 

“Confined Animal Operation” means any lot or facility where livestock or fowl have been, are, 

or will be stabled or confined and fed or maintained, and where crops, vegetation, forage growth, 

or post-harvest residues are not sustained in the normal growing season over any significant 

portion of the lot or facility. 

“Department” means the Arkansas Department of Environmental Quality (ADEQ) or its 

successor. 

“Director” means the Director of the Arkansas Department of Environmental Quality or his 

designated representative. 

“Discretionary Major Facility” means an industrial facility discharging wastewater under the 

terms of a National Pollutant Discharge Elimination System (NPDES) permit that does not meet 

the numerical rating criteria as an NPDES non-municipal major facility, but which is designated 

as a major permittee by the Department or the U.S. Environmental Protection Agency (EPA). 

Such facilities are assigned an Major Rating Code (MRAT) greater than 500. 
2-2

“EPA” means the United States Environmental Protection Agency. 

“Evaluation” means a review of the quality control and quality assurance procedures, records 

keeping, reporting procedures, methodology, and analytical techniques of a laboratory for 

measuring or establishing specific parameters. 

“Facility” means an activity or operation within a specific geographical location including 

property contiguous thereto. A facility may consist of several manufacturing, treatment, storage, 

or disposal operational units. For purposes of this permit fee regulation, a facility shall be 

considered to be all property, facilities, or operations owned, leased, or operated by a single 

entity, whether a municipal, county, or state government, corporation, partnership, or 

proprietorship in the same geographical area, forming an integral part of the same activity or 

operation, whether or not such activity lies within the boundaries of the city or county. For 

purposes of permit fee assessment only, such property, facilities, or operations shall be 

considered as a single facility if they are regulated by a common state or federal permit within 

each permit category, or in the future such consolidation of multiple permits can be realized 

within the scope of applicable permitting regulations, and the facilities or operations are under 

the supervision of a single plant manager/superintendent. 

“Initial Fee” means the fee which is required by law to be submitted with all applications for 

permits issued pursuant to the Water and Air Pollution Control Act, as amended, and the Solid 

Waste Management Act, as amended, and which must be received by the Department prior to the 

issuance of such a permit. 

“Issue Date” means the date the Department signed the permit. 

"Laboratory" means any facility that performs analyses to determine the chemical, physical, or 

biological properties of air, water, solid waste, hazardous waste, wastewater, soil or subsoil 

materials, or any other analyses related to environmental quality evaluations. 

“Major Municipal Facility” means a publicly owned treatment works (POTW) with a design 

flow or daily average flow of 1.0 million gallons per day (mgd) or greater, or a POTW 

designated as a major facility by the Department or EPA. 

“Modification Fee” means that fee required by law to be submitted for modification of any 

existing or future permit required by the Water and Air Pollution Control Act, as amended, or the 

Solid Waste Management Act, as amended, such modification being either at the request of the 

permittee or as required by law or regulation. The fee may vary depending upon whether the 

permit modification or renewal is considered to be a minor or major modification, as defined in 

applicable statutes or regulations, or otherwise determined by the Director. 

“Non-Municipal Major Facility” means a facility subject to the National Pollution Discharge 

Elimination System (NPDES) whose status is determined following completion of an NPDES 

Permit Rating Worksheet (current version) in which points are allocated on the basis of toxic 

pollutant potential, permitted flow or the ratio of wastewater to stream flow volume, 

conventional pollutants mass loadings, public health impacts (including proximity to drinking 

water supplies and potential for human health toxicity), and water quality factors. Additional 
2-3

points can be assessed for certain steam electric power plants or for separate storm sewers 

serving a population greater than 100,000. The total points accumulated is known as the Major 

Rating Code or MRAT, which is the numeric total of ranking points assigned to non-municipal 

facilities and used to delineate them as a major or minor facility. Currently, a facility with an 

MRAT of eighty (80) points or more is designated as a “non-municipal major” facility. 

Additionally, EPA or the Department may designate an NPDES permittee as a “discretionary 

major” facility. Once an MRAT for a major facility is calculated and approved by EPA, the 

Department may recommend increases or decreases to an MRAT, but only EPA is authorized to 

change an individual permittee’s MRAT or designation as a “major” facility. 

“Non-Part 70 Permit” means an air permit that is issued pursuant to a regulation other than Part 

70 of Title 40 of the Code of Federal Regulations (40 CFR Part 70). 

"Parameter" means the characteristic or characteristics of a laboratory sample determined by an 

analytic laboratory testing procedure. 

“Part 70 Permit” means an air permit that is issued pursuant to 40 CFR Part 70. 

“Program” means the Arkansas State Environmental Laboratory Certification Program. 

“Renewal Permit” means a permit issued to a facility upon expiration of an existing permit. A 

modification fee may be assessed, depending upon whether the renewal is considered to be a 

minor or major modification, as defined in applicable statutes or regulations, or otherwise 

determined by the Director. 
3-1

CHAPTER 3: PERMIT FEE PAYMENT 

Reg.9.301 Permit Fee Payment 

(A) Fee Calculation 

The applicant may calculate the initial permit application fee or permit 

modification fee and include it with the permit application, or the applicant may 

request that the Department calculate the fee after reviewing the application and 

forward an invoice to the applicant for payment. 

(B) Fee Payment 

Applicable permit fees shall be paid by check or money order payable to the 

Department for deposit in the State Treasury. The permit will not be issued until 

such fee is received by the Department. 

(C) Annual Fee Payment 

Annual fees shall be due forty-five (45) days after the first day of the month in 

which the Permittee is billed for the required annual fee. Failure to receive this 

bill does not relieve the Permittee from liability for the annual fee, but late 

charges will not be assessed until forty-five (45) days after the Permittee has been 

notified that the annual fee is due. The Director may waive annual fees or a 

portion thereof, for new facilities which are not in operation, unless such waiver is 

otherwise prohibited by State or Federal law. 

(D) Failure to Pay Annual Fees 

A permitted facility failing or refusing to pay the annual fee in a timely manner 

shall be subject to a late payment charge as established in these regulations. 

Continued refusal to pay the required fees after a reasonable notice shall 

constitute grounds for legal action by the Department, which may result in 

revocation of the permit. When payment of fees is made by check which is 

subsequently returned due to insufficient funds, all review work on the particular 

application will immediately cease until the fee is paid in cash or by money order. 

(E) First Annual Fee Payment 

The annual fee shall be assessed upon the facility-specific annual invoice date. 

The Department shall credit the first annual fee, on a prorated basis, if the initial 

fee for the permit was assessed within 12 months of the first annual fee for the 

permit. The Department may credit the annual fee, on a prorated basis, if a 

modification fee for the permit was assessed within 12 months of the annual fee 

for the permit. 

(F) Annual Fee Late Payment Charge 
3-2

A late payment charge shall be assessed to facilities failing to pay the annual fee 

within forty-five (45) days of the billing date, and shall be assessed at the rate of 

ten percent (10%) of the annual fee. 

LATE PAYMENT CHARGE = TEN PERCENT (10%) OF ANNUAL FEE 

Reg.9.302 Refunds 

Except for pre-site investigation fees and interim authority or variance application fees as 

described in Chapters 6 and 7, up to forty percent (40%) of a fee submitted pursuant to this 

regulation is refundable in the event that the request for the permit action for which the fee was 

submitted is withdrawn by the applicant prior to the final permit decision. The Director shall 

retain as much of the above-cited forty percent (40%) as he in his sole discretion, determines is 

necessary to cover the reasonable administrative and technical review costs incurred in the 

review process. 
5-1

CHAPTER 5: AIR PERMIT FEES 

AIR PERMIT FEES. 

Reg.9.501 Applicability 

The air permit fees contained in this section are applicable to (1) non-part 70 permits, (2) part 70 

permits, and (3) general permits. 

Reg.9.502 Terms Used in Fee Formulas 

(A) $/ton factor is $16/ton until September, 1994, after which time it shall be 

increased annually by the percentage, if any, by which the federal Consumer Price Index 

exceeds that of the previous year. The Director may, after considering the factors 

contained in Reg.9.901 of this regulation, decide not to increase the $/ton factor in a year 

when the fee fund has a balance greater than 150% of the amount of money expended 

from that fund in the previous year. 

(B) tons/year predominant air contaminant is the permitted emission rate of the 

most predominant air contaminant (other than carbon monoxide, carbon dioxide and 

methane). The maximum value shall be no greater than 4,000 tons/year per facility. 

(C) tons/year chargeable emissions is the sum of the permitted emission rates of all 

air contaminants (other than carbon monoxide, carbon dioxide and methane). The 

maximum value per air contaminant shall not exceed 4,000 tons/year per facility. 

Reg.9.503 Initial Fees 

Initial fees shall be assessed according to the following formulas: 

(A) Non-part 70 permits 

initial fee = $/ton factor x tons/year predominant air contaminant 

Provided, however, no initial fee shall be less than $500 except for general 

permits issued to Non-part 70 sources. 

(B) Part 70 permits 

(1) Permits issued to part 70 sources already holding an active air permit not 

issued pursuant to Department Regulation #26: 

initial fee = [$/ton factor x tons/year chargeable emissions] 

- amount of last annual air permit fee invoice 

Provided, however, that no initial fee shall be less than $1,000. 

(2) Permits issued to part 70 sources which do not hold an active air permit: 
5-2

initial fee = $/ton factor x tons/year chargeable emissions 

Provided, however, that no initial fee shall be less than the $/ton factor x 

100.

Reg.9.504 Annual Fees 

Annual fees shall be assessed according to the following formulas: 

(A) Non-part 70 permits 

annual fee = $/ton factor x tons/year predominant air contaminant 

Provided, however, that no annual fee shall be charged for a permit in which the 

tons/year predominant air contaminant is less than 10 tons/year. 

(B) Part 70 permits 

annual fee = $/ton factor x tons/year chargeable emissions 

Provided, however, that no annual fee shall be less than the $/ton factor x 100. 

Reg.9.505 Modification Fees 

Modification and renewal fees for air permits shall be assessed according to the following 

formulas: 

(A) Non-part 70 permits 

modification fee = $/ton factor x tons/year net emissions increase of 

predominant air contaminant 

However, no modification fee shall be less than $400, or more than the $/ton 

factor x 4,000. 

(B) Part 70 permits 

(1) For each non-minor permit modification or each renewal permit involving 

a non-minor permit modification: 

fee = $/ton factor x tons/year net emission increase of chargeable 

emissions 

However, no fee shall be less than $1,000 or more than the $/ton factor x 

4,000. 

(2) $500 for each minor permit modification or each renewal permit 

involving only a minor permit modification. 
5-3

Reg.9.506 Administrative Permit Amendments and Renewal Permits 

There shall be no fee charged for administrative permit amendments or renewal permits not 

involving a permit modification, as such are defined in Regulation 26: Arkansas Operating Air 

Permit Program, Regulation 19: State Implementation Plan for Air Pollution Control, or 

Regulation 18: Arkansas Air Pollution Control Code, as applicable. 

Reg.9.507 General Permits

(A) In lieu of the fees schedules above, and except as provided in 9.507(B) below, sources 

which qualify for a General Air Permit issued pursuant to APC&EC Reg. Nos. 18, 19, or 

26 shall be subject to an Initial Fee and Annual Fee as described below: 

(1) The Initial Fee of $200.00 shall be remitted with the Notice of Intent (NOI) 

for coverage under the applicable General Permit. 

(2) Until a Notice of Termination (NOT) is submitted and approved by the 

Department, the Permittee shall be billed $200.00 annually thereafter on the 

anniversary date of coverage. 

(3) When general permits are revised, no additional initial fee will be required to 

be submitted if the currently permitted facility has maintained coverage under the 

existing general permit. 

(B) The following General Permit holders shall not be assessed or billed an Annual Fee: 

(1) Non-part 70 General Permits in which the tons/year predominant air 

contaminant is less than 10 tons per year. 

Reg.9.508 Permit Fees for Certain Small Businesses Subject to Part 70 Permitting 

Requirements 

(A) For purposes of this section, the term “small business stationary source” means a 

stationary source that : 

(1) is owned or operated by a person that employs 100 or fewer individuals 

(2) is a small business concern as defined in the federal Small Business Act

(www.sba.gov); 

(3) is not a major stationary source; 

(4) is permitted to emit less than 50 tons per year of any regulated pollutant; and 

(5) is permitted to emit less than 75 tons per year of all regulated pollutants. 

(B) Upon written request, the Director may reduce the Part 70 initial, Part 70 annual, 

or Part 70 modification fee for a small business stationary source if the source 

demonstrates to the satisfaction of the Director that they do not have the financial 

resources to pay the fee as calculated. 

(C) When reducing permit fees in accordance with Reg.9.508(B), the Director shall 

calculate the fee as if the source is a non-Part 70 source. 
9-1

CHAPTER 9: ADMINISTRATIVE PROCEDURES 

Reg.9.901 Department Review of Fees 

The Department shall undertake a biennial re-evaluation of the permit fee schedule as contained 

in this regulation within sixty (60) days of receiving its approved budget for the next biennium. 

The evaluation shall reflect the current needs of the Department to perform essential permitting, 

compliance, enforcement and monitoring activities; the resources available; the balance of the 

permit fee fund from the previous biennium; anticipated state and federal appropriations; status 

of delegation of federal programs; and any other factors deemed relevant to the study by the 

Department. 

Reg.9.902 Appeals 

If any applicant/permittee disagrees with the Department’s decision on an assessment of fees, the 

applicant/permittee may appeal such decision in accordance with the applicable provisions of the 

Water and Air Pollution Control Act, the Solid Waste Management Act, the State Environmental 

Laboratory Certification Program Act, and Pollution Control and Ecology Commission 

Regulation No. 8, Administrative Procedures. 

Reg.9.903 Effective Date 

This regulation is effective ten (10) days after filing with the Secretary of State, the State 

Library, and the Bureau of Legislative Research.
ARKANSAS REGISTER 

Transmittal Sheet 

*Use only for FINAL and EMERGENCY RULES 

For Office 

Use Only: 

Secretary of State 

Mark Martin 

State Capitol, Suite 026 

Little Rock, Arkansas 72201-1094 

(501) 682-3527 

www.sos.arkansas.gov 

Effective Date Code Number ____________________________ __ 

Name of Agency Arkansas Department of Environmental Quality 

Department Arkansas Pollution Control & Ecology Commission 

Con~ct Mike Bates E-mail bates®adeq.state.ar.Pfr%ne (501) 682-0750 

Statutory Authority for Promulgating Rules A. C. A. §8 -4-2 011 § 8-4-2 02 1 §8 -4-3 041 & §8 -4-311 

RuleTitle: Reg. No. 91 Permit Fee Regulations; Docket 11-007-R; MO 12-23 

Intended Effective Date Date 

[Check One) 

D Emergency (ACA 25-15-204) 

D 30 Days After Filing (ACA 25-15-204) 

D Other ____________________ _ 

Legal Notice Published 

Final Date for Public Comment 

Reviewed by Legislatice Council 

1210712012 

0113112012 

0611312012 

(Must be more than 30 days after filing date.) 

Adopted by State Agency 0 6 I 2 2 I 2 012 

Electronic Copy of Rule submitted under ACA 25-15-218 by: 

Mike Bates bates®adeq.state.ar.us 0612912012 

Contact Person E-mail Address 

CERTIFICATION OF AUTHORIZED OFFICER 

I Hereby Certify That The Attached Rules Were Adopted 

In Compliance with Act 434 of 1967 the Arkansas Administrative Procedures Act. (ACA ~-15-201 et. ~.) 

L I VlU'l N 

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(501) 682-7890 charles.moulton®arkansisag:gov -~ Phone Number E-mail Address · -" _-- ,) 

Administrativer Hearing Officer ~~-~- ~;_ 

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Title 

0612912012 Date 

Revised B/2011 to reflect new legislation passed tn 2011. 

Date 

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ARKANSAS POLLUTION CONTROL & ECOLOGY COMMISSION 

June 29, 2012 

Ms. Donna Davis 

101 EAST CAPITOL 

SUITE 205 

LITTLE ROCK, ARKANSAS 72201 

PHONE: (501) 682-7890 

FAX: (501) 682-7891 

~ . . '\ . JUN 29 2J12 

E ,_; r·\t::r\ u v F 

LEGISLATIVE RESEARCH 

Administrative Rules and Regulations 

Room 433, State Capitol Building 

Little Rock, Arkansas 72201 

Committee 

RE: Regulation No. 9, Permit Fee Regulation; Docket No. 11-007-

R - FINAL FILING. 

Dear Ms. Davis: 

I am enclosing the following for filing with your office: 

1. Two (2) hard copies of the amendment to Regulation No. 9, 

Permit Fee Regulation. 

2. Two (2) copies of Commission Minute Order No. 12-23 

3. Two (2) copies of the Financial Impact Statement. 

Please provide written confirmation of your receipt of these 

materials by file-marking the enclosed copy of this letter and 

returning it to me. 

Thank you for your assistance in this matter. 

Respectfully, 

Charles Moulton 

Administrative Hearing Officer 

Enclosures 
For Office Use Only 

Effective Date: 

ARKANSAS STATE LIBRARY 

Agency Certification Fornt 

For Depositing Final Rules and Regulations 

At the Arkansas State Library 

Documents Services • Arkansas State Library 

One Capitol Mall• Little Rock, AR 72201-1094 

501-682-2326 Phone; 501-682-1532 FAX 

Classification Number: 

Name of Agency: Arkansas Department of Environmental Quality 

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Contact Person: Mike Bates Telephone: (501) 682-0750 

Statutory Authoriry for Promu~atin_g Rules: A.C.A. §8-4-201,_§8-4-202, §8-4-304, and §8-4-311 

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Title of Rule: R~ulation No 9, Permit Fee Re_gulations; Docket No 11-007-R; Minute Order No. 12-23. 

Rule Status Effective Date Status Effective Date 

0 New Rule/Regulation 0 Emergency 

[?SJ Amended Rule/Regulation [g) 10 Days after filing 

July 9, 2012 

D Repealed Rule/Regulation D Other 

0 Order D Repealed 

0 Emergency Rule/Regulation Adopted by State Agency 

D Rule above is proposed and will be replaced by final version 

[8J Financial and/or Fiscal Impact Statement Attached 

Certification of Authorized Officer 

I hereby certify that the attached rules were a? in compliance with Act 434 of 1967 as amended. 

Signature: ~ ~ L ::h/~Li Date: June 29~ 2012 

Title: AdminiStrative Hearing Officer ~ v 

1/14/99 

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ARKANSAS POLLUTION CONTROL 

AND ECOLOGY COMMISSION 

MINUTE ORDER NO. 12-':.\3 

SUBJECT Adoption of 

Revisions to Regulation 9, 

Fee Regulation 

DOCKET NO. 11-007-R 

PAGE 1 OF 1 

Pursuant to public notice and hearing, and in consideration of comments 

received, the Arkansas Pollution Control and Ecology Commission hereby 

adopts changes to Regulation No.9, Fee Regulation. 

PROMULGATED THIS 22"d DAY OF JUNE, 2012, BY ORDER OF THE ARKANSAS 

POLLUTION CONTROL AND ECOLOGY COMMISSION. 

BY: 

ATTEST: dw,'-t11ruL 

Teresa Marks, Director 

~MYRS J. Bates 

-----~~~~--- L. Bengal _______ J. Chamberlin(Chair) 

--~~ ___ J.Fox 

~ D.Hendrix M L. Hitchcock 

1l,.~,.llr-" S. Jorgensen (Vice Chair) 

_____ f,.......:;.._D. Samples 

----:-::------ L. Sickel 

- --+tta...._A--____ J. Simpson ro- -------W. Thompson 

4---.,~B. White 6fV R.Young 

~~~ SUBMITTED BY: Mike Bates PASSED: 06/22/12 

()~. Chamberlin, Chair 
Tab G 

Procedural Requirements
GHG Tailoring Rule 

 - Regulation Tracking Sheets 

 - Arkansas Register Transmittal Sheets 

 - Arkansas State Library Agency Certification Forms 
1 of 2 

EXHIBIT D 

ADEQ REGULATIONS TRACKING SHEET

Regulation No. 9 Common Name: Fee Regulations 

1. Strawman review of draft regulation by key groups. 

 initiated completed incorporated 

EPA 12/02/2011 1/31/2012 N/A 

ADEQ Legal/Admin. 10/15/2010 4/09/2012 4/09/2012 

Industrial/ 2/15/2010 3/14/2012 N/A 

Environmental Groups 

Comments: Revisions to the Fee Regulations were the result of stakeholder meetings and a rigorous 

public process. No changes were made to the originally proposed revisions as a result of comments 

received during this process. 

2. Proposed regulation presentation to Commission's Regulations Committee for approval to proceed to 

public comment period. 

Date: 12/02/2011 By: Mike Bates 

Comments/Approval: Committee recommended adoption of Petition to initiate rulemaking 

3. Legal notice of proposed regulation and public hearing. 

publication dates of publication

 Arkansas Democrat-Gazette 12/07/2011 and 12/08/2011 

4. Provide Legislative Council with three copies of proposed regulation and the legislative questionnaire 

at least ten days prior to the first public hearing. 

Date Delivered: 11/18/2011 

5. Hold public hearing(s) on the proposed regulation. 

location date hearing chairman

 ADEQ Commission Room 1/17/2012 Stan Jorgensen 

6. Date of final day of public comment period: 1/31/2012 

7. Final proposed regulation and response to comments prepared by Department. 

Date initiated: 3/23/2011 Date completed: 3/30/2012 

8. Formal presentation to the Public Health & Welfare Committee of the Legislative Council. 

Date: 5/17/2012 By: Teresa Marks 
Comments/Approval: Approval received by Committee 

9. Formal presentation of proposed final regulation to the Administrative Rules & Regulations 

Subcommittee of the Legislative Council (All Regs). 

Date: 6/13/2012 By: Teresa Marks 

Comments/Approval: Approval received by Committee 

10. Presentation of proposed final regulation to Commission's Regulations Committee. 

Date: 6/22/2012 By: Mike Bates 

Comments/Approval: Committee recommended adoption of final rulemaking. 

11. Provide Commission members with copy of proposed final regulation prior to Commission meeting. 

Date Delivered: """6/,_,0:..=8,_/1'-=2=--------------------------

12. Present proposed final regulation to the Commission for adoption. 

Date: 6/22/2012 By: Mike Bates 

Comments/Approval: Commission approved adoption of final rulemaking. 

13. Send two copies of adopted regulation to Secretary of State (regulation will become effective July 12, 

2012, "effective ten days after filing"). 

Date mailed: Upon final promulgation of Regulation. 

14. Formally submit adopted regulation to EPA. 

Date mailed: Upon final promulgation of Regulation. 

PREPARED BY: 

ARKANSAS DEPARTMENT 

OF ENVIRONMENTAL QUALITY 

By: ~klP-----'-'- 1 ~~c...=:..=.=---<-. __ 

Mike Bates 

2 of2 

EXHIBIT D 
ARKANSAS REGISTER 

Transmittal Sheet 

*Use only for FINAL and EMERGENCY RULES 

For Office 

Use Only: 

Secretary of State 

Mark Martin 

State Capitol, Suite 026 

Little Rock, Arkansas 72201-1094 

(501) 682-3527 

www.sos.arkansas.gov 

Effective Date Code Number ____________________________ __ 

Name of Agency Arkansas Department of Environmental Quality 

Department Arkansas Pollution Control & Ecology Commission 

Con~ct Mike Bates E-mail bates®adeq.state.ar.Pfr%ne (501) 682-0750 

Statutory Authority for Promulgating Rules A. C. A. §8 -4-2 011 § 8-4-2 02 1 §8 -4-3 041 & §8 -4-311 

RuleTitle: Reg. No. 91 Permit Fee Regulations; Docket 11-007-R; MO 12-23 

Intended Effective Date Date 

[Check One) 

D Emergency (ACA 25-15-204) 

D 30 Days After Filing (ACA 25-15-204) 

D Other ____________________ _ 

Legal Notice Published 

Final Date for Public Comment 

Reviewed by Legislatice Council 

1210712012 

0113112012 

0611312012 

(Must be more than 30 days after filing date.) 

Adopted by State Agency 0 6 I 2 2 I 2 012 

Electronic Copy of Rule submitted under ACA 25-15-218 by: 

Mike Bates bates®adeq.state.ar.us 0612912012 

Contact Person E-mail Address 

CERTIFICATION OF AUTHORIZED OFFICER 

I Hereby Certify That The Attached Rules Were Adopted 

In Compliance with Act 434 of 1967 the Arkansas Administrative Procedures Act. (ACA ~-15-201 et. ~.) 

L I VlU'l N 

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Signature 1 ~=? :· - N 

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(501) 682-7890 charles.moulton®arkansisag:gov -~ Phone Number E-mail Address · -" _-- ,) 

Administrativer Hearing Officer ~~-~- ~;_ 

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Title 

0612912012 Date 

Revised B/2011 to reflect new legislation passed tn 2011. 

Date 

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For Office Use Only 

Effective Date: 

ARKANSAS STATE LIBRARY 

Agency Certification Fornt 

For Depositing Final Rules and Regulations 

At the Arkansas State Library 

Documents Services • Arkansas State Library 

One Capitol Mall• Little Rock, AR 72201-1094 

501-682-2326 Phone; 501-682-1532 FAX 

Classification Number: 

Name of Agency: Arkansas Department of Environmental Quality 

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Contact Person: Mike Bates Telephone: (501) 682-0750 

Statutory Authoriry for Promu~atin_g Rules: A.C.A. §8-4-201,_§8-4-202, §8-4-304, and §8-4-311 

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Title of Rule: R~ulation No 9, Permit Fee Re_gulations; Docket No 11-007-R; Minute Order No. 12-23. 

Rule Status Effective Date Status Effective Date 

0 New Rule/Regulation 0 Emergency 

[?SJ Amended Rule/Regulation [g) 10 Days after filing 

July 9, 2012 

D Repealed Rule/Regulation D Other 

0 Order D Repealed 

0 Emergency Rule/Regulation Adopted by State Agency 

D Rule above is proposed and will be replaced by final version 

[8J Financial and/or Fiscal Impact Statement Attached 

Certification of Authorized Officer 

I hereby certify that the attached rules were a? in compliance with Act 434 of 1967 as amended. 

Signature: ~ ~ L ::h/~Li Date: June 29~ 2012 

Title: AdminiStrative Hearing Officer ~ v 

1/14/99 

,,·· .. ~-·· --:,' 

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Tab H 

Public Participation 
GHG Tailoring Rule: Regulations 9, 19, and 26 

 - Public Notice Information 

 - Public Hearing Sign-in Sheets 

 - Public Comments and Responsiveness Summaries 
 

 NOTICE OF PUBLIC HEARING FOR REGULATION CHANGES

 The Arkansas Pollution Control and Ecology Commission (APC&EC) will hold a public 

hearing at North Little Rock January 17, 2012, to receive comments on proposed changes to 

Commission Regulation 9, which governs the permit fee program for the Arkansas Department 

of Environmental Quality (ADEQ). The hearing will begin at 2:00 p.m. in the ADEQ 

Commission Room at the agency headquarters building, 5301 Northshore Drive, North Little 

Rock. 

 The deadline for submitting written comments on the proposed changes is 4:30 p.m. 

January 31, 2012. 

 APC&EC authority to amend Regulation 9 is found in Arkansas Code Annotated 

Sections 8-4-201, 8-4-202, 8-4-304, and 8-4-311. 

 In the event of inclement weather or other unforeseen circumstances, a decision may be 

made to postpone the hearing. If the hearing is postponed and rescheduled, a new legal notice 

will be published to announce the details of the new hearing date and comment period. 

 The only substantive proposed change to Regulation 9 is in Chapter 5, which deals with 

fees for permits issued by the ADEQ Air Division, and would exclude carbon dioxide and 

methane from being chargeable emissions under air permit fee formulas. 

 Other proposed revisions to the regulation involve corrections of typographical errors and 

formatting changes. 

 Copies of the proposed changes to Regulation 9 are available for public inspection during 

normal business hours at the ADEQ Public Outreach and Assistance Division on the second floor 

of the headquarters building, or at ADEQ information depositories located in public libraries at 

Arkadelphia, Batesville, Blytheville, Camden, Clinton, Crossett, El Dorado, Fayetteville, Forrest 

City, Fort Smith, Harrison, Helena, Hope, Hot Springs, Jonesboro, Little Rock, Magnolia, Mena, 

Monticello, Mountain Home, Russellville, Pocahontas, Searcy, Stuttgart, Texarkana, and West 

Memphis; in campus libraries at the University of Arkansas at Pine Bluff and the University of 

Central Arkansas at Conway; and in the Arkansas State Library, 900 W. Capitol, Suite 100, 

Little Rock. In addition, a copy of the proposed changes, along with related support documents, 

is available for viewing or downloading at the ADEQ’s Internet web site at 

www.adeq.state.ar.us. 

 Oral and written comments will be accepted at the hearing, but written comments are 

preferred in the interest of accuracy. In addition, written or electronic mail comments will be 

accepted if submitted no later than 4:30 p.m. January 31, 2012. Written comments should be sent 

to Doug Szenher, Public Outreach and Assistance Division, Arkansas Department of 

Environmental Quality, 5301 Northshore Drive, North Little Rock, AR 72118. Electronic mail 

comments should be sent to reg-comment@adeq.state.ar.us. 

 Published December 7 and 8, 2011, 

 Teresa Marks, Director, 

 Arkansas Department of Environmental Quality 
, 
Arkansas Democrat 

STATEMENT OF LEGAL ADVERTISING 

ADEQ 

5301 N SHORE DR 

NORTH LITTLE ROCK AR 72118 

ATTN: 

DATE 12/08/11 

ACCT #: L844316 

STATE OF ARKANSAS, 

COUNTY OF PULASKI, 

Fiscal Office 

INVOICE #: 2709831 

P.O. #: 

ss. 

I, Elizabeth Myers do solemnly swear that I am the 

Legal Billing Clerk of the Arkansas Democrat - Gazette, a daily newspaper printed and published 

in said Count¥, State of Arkansas; that I was so 

related to th1s publication at and during the 

publication of the annexed legal advertisement in 

the matter of: 

public hearing 

pending in the Court, in said Count¥, and 

at the dates of the several publicat1ons of said 

advertisement stated below, and that during said 

periods and at said dates, said news~aper was 

printed and had a bona fide circulat1on in said 

Co\:mty; that said news~aper had been regularly 

printed and published 1n said County, and had a 

bona fide circulation therein for the period of 

one month before the date of the first publication 

of said advertisement; and that said advertisement 

was published in the regular daily issues of said 

newspaper as stated below. 

DATE DAY LINAGE RATE 

12/07 Wed 126 1.25 

12/08 Thu 126 1.25 

DATE DAY LINAGE RATE 

TOTAL COST ----------------------- Billing Ad #: 70760031 

315.00 

REMIT TO: 

ARKANSAS DEMOCRAT-GAZETTE, INC. 

. P.O. BOX 2221 

LITTLE ROCK, AR 72203 

BILLING QUESTIONS CALL378-3812 

AD COPY 
STATE OF ARKANSAS 

**AMENDMENT to Purchase Order** 

Purchase Order 

Vendor No. 

Contact 

Your reference 

100049340 ACCOUNTS PAYABLE 

LITTLE ROCK NEWSPAPERS INC 

ARKANSAS DEMOCRAT GAZETTE INC 

PO Box2221 

LITTLE ROCK AR 72203 

Send Invoice To: 

AR Dept. of Environmental Quality 

Attn.: Accounts Payable 

5301 Northshore Dr. 

North Little Rock, AR 72118-5317 

Ship To: 

ADEQ 

5301 NORTHSHORE DRIVE 

NORTH LITTLE ROCK AR 72118-5317 

PO No. 4501207023 

Date 11/22/2011 

Contact Irma G. Hill 

Telephone 501-682-0744 

Fax 501-682-0933 

Ourref. EL 

lncoterms FOB 

DESTINATION 

Item Material/Description QuantityUM Net Price 

0010 10111994 1 EA 315.00 

ADVERTISEMENT,NEWSPAPER 

*** Net price changed *** 

*** Item completely delivered -· 

Net Value 

Payment Terms: Net due in 15 days Total net item value USD incl~ding tax 

. 

GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: 

All purchasing rules and regulations defined by the State of Ark~risas apply to this document. 

Purchasing Official/Fiscal Officer 

Department of Environmental Quality 

Page 

1/1 

Net Amount 

$315.00 

$315.00 

$315.00 

Date 
ARKANSAS DEPARTMENT OF 

PoLLUTION CoNTROL & EcoLOGY 

HEARING/MEETING REGISTRATION 

Name Address 

Please Prinll.eglbly Street City Slate Zip 

hA~ ~<TV\ Arc l..u...-r ~fk<l{ 

I v 

5~ J:r~~ fc ~ c J-lQ d. - oHt~ I \ 

Organization 

Represented 

Public bearing/meeting on: ___:_fh.:J--r~--1+----------- Date: f (t? / r l 

Location: ft Q E & JJ 1 .s1 Page t Of_/_ 

ACI-7739 
Page 1 of 3

 EXHIBIT B 

BEFORE THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION 

IN THE MATTER OF AMENDMENTS TO ) 

REGULATION NO. 9, PERMIT FEE REGULATIONS ) DOCKET NO. 11-007-R 

RESPONSIVE SUMMARY FOR 

REGULATION NO. 9, PERMIT FEE REGULATIONS 

Pursuant to Ark. Code Ann. § 8-4-202(d)(4)(C) and Regulation No. 8.815, a responsive 

summary groups public comments into similar categories and explains why the Arkansas 

Pollution Control and Ecology Commission (“Commission”) accepts or rejects the rationale for 

each category. 

On November 18, 2011, the Arkansas Department of Environmental Quality (“ADEQ” or 

“Department”) filed a Petition to Initiate Rulemaking to Amend Regulation No. 9, Permit Fee 

Regulations. Commissioner Stan Jorgensen conducted a public hearing on January 17, 2012, and 

the public comment period ended January 31, 2012. One comment was received. The following 

is a summary of the comment regarding the proposed amendments to Regulation No. 9 along 

with the Commission’s response. 

Comment 1: Title 42, Chapter 85, Subchapter V, Section 7661(b)(3)(A), requires that the owner 

or operator of “all sources” subject to the requirement to obtain a permit pay an annual fee. 

Also, in 7661(b)(3)(B)(i), states must demonstrate the permitting program will result in the 

collection from “all sources” and from “each regulated pollutant” in order for the program to be 

approved. The only exceptions seem to be for a permit fee which is less than $25 per ton. By 

exempting two of the greenhouse gas pollutants from paying a permit fee, it appears that the cost 

of the permitting program is falling on the remaining greenhouse gas pollutants and is out of 

compliance with federal law. 

Response: ADEQ disagrees that the proposed changes are in violation of federal law. 

The Clean Air Act requires that the state permit fees be sufficient to cover all reasonable costs to 

develop and administer the (title V) permit program. 42 U.S.C. § 7661a(b)(3)(A). Additionally, 

The Clean Air Act states that the total amount of fees collected shall conform to the following: 
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(i) The Administrator shall not approve a program as meeting the requirements of this 

paragraph unless the State demonstrates that, except as otherwise provided in 

subparagraphs (ii) through (v) of this subparagraph, the program will result in the 

collection, in the aggregate, from all sources subject to subparagraph (A), of an 

amount not less than $25 per ton of each regulated pollutant, or such other amount 

as the Administrator may determine adequately reflects the reasonable costs of the 

permit program. 42 U.S.C. § 7661a(b)(3)(B)(i). 

Further, EPA promulgated regulations to implement the statutory requirements and provide 

directions for State Program approval at 40 CFR 70. In this regulation, EPA established the 

elements that State programs must satisfy in order for the state program to be approved by EPA, 

including the establishment of a permitting fee system. 40 CFR §70.4 (7) & (8) and 40 CFR 

70.9. Specifically, EPA states at 40 CFR §70.9 (b)(3): 

“The State program’s fee schedule may include emission fees, application fees, servicebased fees or other types of fees, or any combination thereof, to meet the requirements 

of paragraph (b)(1) or (b)(2) of this section. Nothing in the provisions of this section 

shall require a permitting authority to calculate fees on any particular basis or in the 

same manner for all part 70 sources, all classes or categories of part 70 sources, or all 

regulated air pollutants, provided the permitting authority collects a total amount of 

fees sufficient to meet the program support requirements of paragraph (b)(1) of this 

section.” (Emphasis added.) 

The federal Clean Air Act and the implementing regulations, as noted above, provide significant 

discretionary authority for a State to craft its permitting fee system to the specific needs of the 

individual State. 

EPA’s Tailoring Rule (Tailoring Rule) did not require States to change permit fee requirements 

to address greenhouse gases nor did it require States to submit a new permit fee demonstration 

under 40 CFR §70.9 for state program revisions related to permitting greenhouse gases. 75 FR 

31584, June 3, 2010. The Tailoring Rule allows States to use their discretion related to fees for 
greenhouse gases, so long as fee collections are adequate for the administration of the title V 

program. EPA has previously determined that the Arkansas permit fee system is adequate and 

satisfies the federal requirements. 66 FR 51314, October 9, 2001. ADEQ believes that the fees 

currently collected for air permits, which do not include fees for carbon dioxide or methane 

emissions, are sufficient to fund the program at this time. ADEQ does not anticipate that 

permitting carbon dioxide or methane emissions will substantially increase costs incurred by the 

Department. In the event that permitting carbon dioxide or methane emissions increases costs to 

the agency such that the permit fees collected are inadequate to fund the program, then the 

Department will consider charging for carbon dioxide and methane emissions, as was stated in 

our petition to initiate this rulemaking and as allowed in the Tailoring Rule. 

No change to the proposed rule is necessary due to this comment. 

Arkansas Department of 

Environmental Quality 

By: 

Mike Ba,tes, Chief, Air Division 

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