Technical Support Document – October 27, 2014

Revisions to the Arkansas State Implementation Plan

Submitted on July 26, 2010 with Clarifying Letter on November 23, 2010

Regulation 19 – Regulations of the Arkansas Plan of Implementation for Air Pollution Control

Chapter 1 – Title, Intent, and Purpose

Chapter 2 – Definitions

Chapter 3 – Protection of the National Ambient Air Quality Standards

Chapter 4 – Minor Source Review

Chapter 5 – General Emission Limitations Applicable to Equipment

Chapter 6 – Upset and Emergency Conditions

Chapter 7 – Sampling, Monitoring, and Reporting Requirements

Chapter 10 – Regulations for the Control of Volatile Organic Compounds in Pulaski 

County

Chapter 11 – Major Source Permitting Procedures

Chapter 13 – Stage I Vapor Recovery

Appendix A – Insignificant Activities List

Submitted on November 6, 2012

Regulation 9 – Fee Regulation

Regulation 19 – Regulations of the Arkansas Plan of Implementation for Air Pollution Control

Chapter 1 – Title, Intent, and Purpose

Chapter 2 – Definitions

Chapter 4 – Minor Source Review

Appendix A – Insignificant Activities List

Regulation 26 – Regulations of the Arkansas Operating Air Permit Program

Chapter 3 – Requirement for a Permit, Applicability

Chapter 4 – Applications for Permits

Submitted on January 7, 2014

Regulation 19 – Regulations of the Arkansas Plan of Implementation for Air Pollution Control

Chapter 9 – Prevention of Significant Deterioration

Pending Revisions Submitted on September 10, 2014 for Parallel Processing

Regulation 19 – Regulations of the Arkansas Plan of Implementation for Air Pollution Control

Chapter 2 – Definitions

Chapter 5 – General Emission Limitations Applicable to Equipment

Chapter 9 – Prevention of Significant Deterioration

Appendix B – National Ambient Air Quality Standards List

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

FOR FURTHER INFORMATION CONTACT: 

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

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

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

A. What submittals are evaluated in this Technical Support Document?............................. 3

B. What actions are not addressed in this Technical Support Document? ........................... 4

i. Provisions that have already been addressed by EPA .................................................. 4

ii. Provisions that EPA is taking no action at this time..................................................... 5

C. Summary Table of Submittals Covered in this TSD........................................................ 6

II. Technical Review of State Submittals............................................................................. 9

A. Part 51, Appendix V Evaluation of the September 10, 2014 SIP Submittal.................. 10

B. Evaluation of Revisions to the Arkansas SIP................................................................. 16

1. Evaluation of Regulation 19, Chapter 1 – Title, Intent, and Purpose. ........................ 17

2. Evaluation of Regulation 19, Chapter 2 – Definitions................................................ 20

3. Evaluation of Regulation 19, Chapter 3 – Protection of the National Ambient Air 

Quality Standards........................................................................................................ 34

4. Evaluation of Regulation 19, Chapter 5 – General Limitations Applicable to 

Equipment................................................................................................................... 36

5. Evaluation of Regulation 19, Chapter 6 – Upset and Emergency Conditions............ 41

6. Evaluation of Regulation 19, Chapter 7 – Sampling, Monitoring, and Reporting 

Requirements. ............................................................................................................. 44

7. Evaluation of Regulation 19, Chapter 9 – Prevention of Significant Deterioration. .. 49

8. Evaluation of Regulation 19, Chapter 10 – Regulations for the Control of Volatile 

Organic Compounds in Pulaski County...................................................................... 63

9. Evaluation of Regulation 19, Chapter 11 – Major Source Permitting Procedures. .... 85

10. Evaluation of Regulation 19, Chapter 13 – Stage I Vapor Recovery. ........................ 86

11. Evaluation of Regulation 19, Appendix B – National Ambient Air Quality Standards 

List. ............................................................................................................................. 93

C. Evaluation of the September 10, 2014 SIP submittal with respect to the federal 

requirements for the regulation and permitting of PM2.5 emissions in the PSD Program

........................................................................................................................................ 97

IV. Conclusion ................................................................................................................... 114
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I. Executive Summary

This Technical Support Document (TSD) reviews portions of four submittals of revisions to the 

Arkansas State Implementation Plan (SIP), submitted on July 26, 2010; November 6, 2012; 

January 7, 2014; and September 10, 2014. This review will determine if the pending revisions to 

the Arkansas SIP are consistent with the requirements of the Clean Air Act and EPA’s 

regulations, policy and guidance.

A. What submittals are evaluated in this Technical Support Document?

July 26, 2010 Submittal

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

adopted revisions to the Regulation 19 – Regulations of the Arkansas Plan of Implementation for 

Air Pollution Control. Governor Beebe submitted these regulations as a revision to the Arkansas 

SIP in a letter dated July 26, 2010. On November 23, 2010, Teresa Marks, Director of the 

Arkansas Department of Environmental Quality (ADEQ), provided a clarification letter 

regarding the July 26, 2010 submittal. This clarification letter was a resubmission of the SIP 

revision resulting from the previous submittal containing one incorrect hardcopy and electronic 

copy of the SIP revision.

As part of this action, EPA is addressing the following revisions contained in the July 26, 2010 

submittal that were adopted on December 5, 2008, effective January 25, 2009:

 Non-substantive revisions to Regulation 19, Chapter 1 to correct formatting, clarify the 

incorporation by reference dates, and clarify acronyms.

 Substantive revisions to Regulation 19, Chapter 2 to add new definition for “PM2.5” and

“Title I modification” and to revise the definition of “Volatile organic compounds.” Nonsubstantive revisions to correct formatting, clarify the incorporation by reference dates,

and clarify acronyms. 

 Non-substantive revisions to Regulation 19, Chapter 3 to correct formatting.

 Non-substantive revisions to Regulation 19, Chapter 5 to correct formatting and clarify 

acronyms.

 Non-substantive revisions to Regulation 19, Chapter 6 to correct formatting and clarify 

acronyms.

 Non-substantive revisions to Regulation 19, Chapter 7 to clarify incorporation by 

reference dates.

 Non-substantive revisions to Regulation 19, Chapter 10 to correct formatting and clarify 

acronyms.

 Non-substantive revisions to Regulation 19, Chapter 11 to correct formatting.

 Non-substantive revisions to Regulation 19, Chapter 13 to correct formatting and clarify 

acronyms.

November 6, 2012 Submittal
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On June 22, 2012, the APC&EC adopted revisions to Regulation 9 – Permit Fee Regulations, 

Regulation 19 – Regulations of the Arkansas Plan of Implementation for Air Pollution Control, 

and Regulation 26 – Regulations of the Arkansas Operating Air Permit Program. On October 

26, 2012, APC&EC adopted additional revisions to Regulation 19. Governor Beebe submitted 

these regulations as a revision to the Arkansas SIP in a letter dated November 6, 2012.

As part of this action, EPA is addressing the following revisions contained in the November 6, 

2012 submittal that were adopted on June 22, 2012, and October 26, 2012, effective July 9, 2012, 

and November 18, 2012, respectively:

 Substantive revision to Regulation 19, Chapter 1 to address greenhouse gases (GHGs).

 Substantive revisions to Regulation 19, Chapter 2 to add new definition for “CO2 

equivalent emissions” and revise the definition of “Federally regulated pollutant”.

September 10, 2014

On September 10, 2014, Teresa Marks, Director of the ADEQ, submitted a request for parallel 

processing of proposed AR SIP revisions to Regulation 19 – Regulations of the Arkansas Plan of 

Implementation for Air Pollution Control. 

As part of this action, EPA is addressing the following revisions contained in the September 10, 

2014 request for parallel processing:

 Substantive revisions to Regulation 19, Chapter 2 to add a new definition for “PM2.5

emissions” and to revise existing definitions for “NAAQS”, “particulate matter 

emissions”, “PM2.5”, and “VOC” as well as other non-substantive revisions throughout 

the Definitions to correct formatting and grammar.

 Substantive revisions to Regulation 19, Chapter 5 to specify that no person shall cause or 

permit the construction or modification of equipment which would cause or allow any 

ambient air increment in the PSD program to be exceeded.

 Substantive revisions to Regulation 19, Chapter 9 to provide for the authority to regulate 

PM2.5 and its precursors through the Arkansas PSD program.

 New Regulation 19, Appendix B to provide the National Ambient Air Quality Standards 

List.

B. What actions are not addressed in this Technical Support Document?

i. Provisions that have already been addressed by EPA

 EPA has previously approved the revisions to the Arkansas PSD Program at Regulation 

19, Chapter 9 that were included in the July 26, 2010 submittal. See our final action on 

April 2, 2013, at 78 FR 19596. EPA has no pending revisions to Regulation 19, Chapter 9 

from the July 26, 2010 submittal package.

 EPA has previously approved revisions to the Arkansas Clean Air Interstate Rule (CAIR) 

NOX Ozone Season Program to Regulation 19, Chapter 14 that were included in the July 

26, 2010 submittal (adopted December 5, 2008), as well as, additional revisions to 

Chapter 14 that were adopted on June 26, 2009 that were included in September 16, 2009 

submittal. See our final action on April 17, 2014, at 78 FR 21631. EPA has no pending 

revisions to Regulation 19, Chapter 14 from the July 26, 2010 submittal package.
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 EPA has previously approved the revisions to the Arkansas Regional Haze Program at 

Regulation 19, Chapter 15 that were included in the July 26, 2010 submittal. See our final 

action on March 12, 2012, at 77 FR 14604. EPA has no pending revisions to Regulation 

19, Chapter 15 from the July 26, 2010 submittal package.

 EPA has previously approved the revisions to the Arkansas PSD Program at Regulation 

19, Chapter 9 that were included in the November 6, 2012 submittal. See our final action 

on April 2, 2013, at 78 FR 19596. EPA has no pending revisions to Regulation 19, 

Chapter 9 from the November 6, 2012 submittal package.

ii. Provisions that EPA is taking no action at this time

July 26, 2010 Submittal

 EPA is taking no action at this time on the Substantive revisions to Regulation 19, 

Chapter 4 to revise the Minor NSR permitting thresholds that were submitted on July 

26, 2010. The action EPA is taking today will substantively revise the Arkansas PSD 

program to provide for regulation and permitting of PM2.5 and its precursors. We are 

also making non-substantive updates to the remainder of the Arkansas SIP. Our 

analysis today is not relevant to the Arkansas Minor NSR permitting program and the 

provisions on which we are reviewing and acting can operate separately from the 

Arkansas Minor NSR Program. Therefore, EPA is taking no action on the substantive 

revisions to add provisions under the following new Sections: Reg. 19.414 –

Operational Flexibility-Applicant’s Duty to Apply for Alternative Scenarios; Reg. 

19.415 – Changes Resulting in No Emissions Increases; Reg. 19.416 – Permit 

Flexibility; and Reg. 19.417 – Registration; and the non-substantive revisions to 

correct formatting, clarify the incorporation by reference dates, and clarify acronyms. 

We note that the revisions to the Arkansas Minor NSR Program at Regulation 19, 

Chapter 4 submitted on July 26, 2010, will be addressed separately by EPA in a later 

action.

 EPA is taking no action at this time on the revisions to the Insignificant Activities 

List in Regulation 19, Appendix A that were submitted on July 26, 2010. Regulation 

19, Appendix A is part of the Arkansas Minor NSR program and will be addressed 

with the pending revisions to Regulation 19, Chapter 4. 

November 6, 2012 Submittal

 EPA is taking no action at this time on the Fee Regulation provisions at Regulation 9, 

Chapter 5 submitted on November 6, 2012. EPA will address the fee provisions in a 

separate action at a later time. The provisions on which we are reviewing and acting 

can operate independent of the fee provisions. Therefore, EPA is taking no action on 

the substantive revisions to Regulation 9, Chapter 5 to replace the current Fee 

Regulation contained in the Arkansas SIP, which include substantive revisions to 

address fee requirements for carbon dioxide and methane, as well as, non-substantive 

revisions to correct formatting.

 Substantive revisions to Regulation 19, Chapter 2, definition of Carbon Dioxide 

Equivalent, providing for the GHG Biomass Deferral. EPA’s GHG Biomass Deferral 

has been vacated by the Court’s and expired. Therefore it is appropriate for EPA to 
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sever this provision from the necessary components of the definition of CO2e and 

address the biomass deferral provisions at a later date.

 Substantive revisions to Regulation 19, Chapter 4 to address GHGs. Non-substantive 

changes to correct formatting.

 EPA is taking no action at this time on the revisions to the Insignificant Activities 

List in Regulation 19, Appendix A that were submitted on November 6, 2012.

Regulation 19, Appendix A is part of the Arkansas Minor NSR program and will be 

addressed with the pending revisions to Regulation 19, Chapter 4. 

 Substantive revisions to Regulation 26, Chapter 3 to address GHGs permitting under 

Title V. EPA will address these provisions at a later date after we have reviewed the 

submitted revisions in light of the June 23, 2014 decision by the Supreme Court of the 

United States in Utility Air Regulatory Group (UARG) v. EPA (No. 12-1146).

 Non-substantive revisions to Regulation 26, Chapter 4 to correct formatting and 

clarify the incorporation by reference dates. Note that the incorporation by reference 

date is the promulgation date of EPA’s Tailoring Rule. As such, EPA will address 

these revisions at a later date after we have reviewed the submitted revisions in light 

of the June 23, 2014 decision by the Supreme Court of the United States in Utility Air 

Regulatory Group (UARG) v. EPA (No. 12-1146).

January 7, 2014 Submittal

 EPA is taking no action at this time on the revisions to the Arkansas PSD Program to 

provide for GHG PSD PAL permitting adopted by the state on June 28, 2013, 

effective on July 27, 2013. These revisions were submitted to EPA on January 7, 

2014. The submittal included revisions to the Arkansas Regulation 19, Chapter 9, 

sections 19.904(A)(1), 19.904(E)(3), and 19.904(G)(1). These revisions were solely 

to implement the GHG PSD PAL revisions. Since the June 23, 2014 decision by the 

Supreme Court of the United States in Utility Air Regulatory Group (UARG) v. EPA 

(No. 12-1146), the EPA does not find it appropriate to take action on provisions 

implementing permitting provisions for GHG PSD PALs at this time. EPA will 

address this submittal from the state in a separate action at a later date.

C. Summary Table of Submittals Covered in this TSD

Table 1: Summary of the Individual Revisions to Each Section Evaluated

Section Title Date Submitted to 

EPA

Adopted by State Comments

Regulation 9, 

Chapter 5

Air Permit Fees November 6, 2012 June 22, 2012 and 

October 26, 2012

Not part of this TSD 

or action – will be 

addressed 

separately.

Regulation 19, 

Chapter 1

Title, Intent, and 

Purpose

July 26, 2010 December 5, 2008 Evaluated in this 

TSD and action.

November 6, 2012 June 22, 2012 and 

October 26, 2012

Evaluated in this 

TSD and action.

Regulation 19, 

Chapter 2

Definitions July 26, 2010 December 5, 2008 Evaluated in this 

TSD and action.

November 6, 2012 June 22, 2012 and 

October 26, 2012

Evaluated in this 

TSD and action.
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Table 1: Summary of the Individual Revisions to Each Section Evaluated

Section Title Date Submitted to 

EPA

Adopted by State Comments

Note that the 

biomass deferral 

provisions in the 

definition of CO2e 

are not part of this 

evaluation.

September 10, 2014 

request for parallel 

processing

August 22, 2014 Evaluated in this 

TSD and action.

Regulation 19, 

Chapter 3

Protection of the 

National Ambient 

Air Quality 

Standards

July 26, 2010 December 5, 2008 Evaluated in this 

TSD and action.

September 10, 2014 

request for parallel 

processing

August 22, 2014 Evaluated in this 

TSD and action.

Regulation 19, 

Chapter 4

Minor Source 

Review

July 26, 2010 December 5, 2008 No action at this 

time; Severable 

from provisions for 

PSD because 

addresses Minor 

NSR only.

November 6, 2012 June 22, 2012 and 

October 26, 2012

No action at this 

time; Severable 

from provisions for 

PSD because 

addresses Minor 

NSR only.

Regulation 19, 

Chapter 5

General Emissions 

Limitations 

Applicable to 

Equipment

July 26, 2010 December 5, 2008 Evaluated in this 

TSD and action.

September 10, 2014 

request for parallel 

processing

August 22, 2014 Evaluated in this 

TSD and action.

Regulation 19, 

Chapter 6

Upset and 

Emergency 

Conditions

July 26, 2010 December 5, 2008 Evaluated in this 

TSD and action.

Regulation 19, 

Chapter 7

Sampling, 

Monitoring, and 

Reporting 

Requirements

July 26, 2010 December 5, 2008 Evaluated in this 

TSD and action.

Regulation 19, 

Chapter 8

111(D) Designated 

Facilities

Not part of the Arkansas SIP.

Regulation 19, 

Chapter 9

Prevention of 

Significant 

Deterioration

July 26, 2010 December 5, 2008 Approved by EPA 

on April 2, 2013, at 

78 FR 19596

November 6, 2012 June 22, 2012 and 

October 26, 2012

Approved by EPA 

on April 2, 2013, at 

78 FR 19596.

January 7, 2014 June 28, 2014 No action at this 

time; Severable 

from the remainder 

of the PSD program 

because the 

submitted revisions 
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Table 1: Summary of the Individual Revisions to Each Section Evaluated

Section Title Date Submitted to 

EPA

Adopted by State Comments

are specific to GHG 

PSD PALs.

September 10, 2014 

request for parallel 

processing

August 22, 2014 Evaluated in this 

TSD and action.

Regulation 19, 

Chapter 10

Regulations for the 

Control of Volatile 

Organic 

Compounds in 

Pulaski County

July 26, 2010 December 5, 2008 Evaluated in this 

TSD and action.

Regulation 19, 

Chapter 11

Major Source 

Permitting 

Procedures

July 26, 2010 December 5, 2008 Evaluated in this 

TSD and action.

Regulation 19, 

Chapter 13

Stage I Vapor 

Recovery

July 26, 2010 December 5, 2008 Evaluated in this 

TSD and action.

Regulation 19, 

Chapter 14

CAIR NOX Ozone 

Season Trading 

Program General 

Provisions

July 26, 2010 December 5, 2008 Approved by EPA 

on April 17, 2014, 

at 78 FR 21631.

Regulation 19, 

Chapter 15

Regional Haze July 26, 2010 December 5, 2008 Approved by EPA 

on March 12, 2012, 

at 77 FR 14604.

Regulation 19, 

Appendix A

Insignificant 

Activities List

July 26, 2010 December 5, 2008 No action at this 

time; Severable 

from provisions for 

PSD because 

addresses Minor 

NSR only.

November 6, 2012 June 22, 2012 and 

October 26, 2012

Regulation 19, 

Appendix B

National Ambient 

Air Quality 

Standards List

September 10, 2014 

request for parallel 

processing

August 22, 2014 New provision, 

included in this 

review

Regulation 26, 

Chapter 3

Requirements for a 

Permit, 

Applicability

November 6, 2012 June 22, 2012 and 

October 26, 2012

No action at this 

time; Severable 

from provisions for 

Title I SIP purposes, 

Revisions to 

Arkansas Title V 

program to address 

GHG permitting 

under Title V.

Regulation 26, 

Chapter 4

Applications for 

Permits

November 6, 2012 June 22, 2012 and 

October 26, 2012

No action at this 

time; Severable 

from provisions for 

Title I SIP purposes, 

Revisions to 

Arkansas Title V 

program to address 

GHG permitting 

under Title V.
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II. Technical Review of State Submittals

The July 26, 2010, November 6, 2012, and September 10, 2014 SIP submittals revise the 

Arkansas SIP. These submittals make numerous substantive and non-substantive edits to the SIPapproved provisions. As such, each of these submittals is evaluated for compliance with the 

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

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

requirements include, but are not limited to the following:

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

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

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

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

required in parts C and D;

2. §110(l) of the Act which provides:

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

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

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

with any applicable requirement concerning attainment and reasonable further progress 

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

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

is available on line at Electronic Code of Federal Regulations: 

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

0:2.0.1.1.2.6.8.1&idno=40

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

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

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

0:2.0.1.1.2.6.8.2&idno=40

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

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

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

0:2.0.1.1.2.6.8.7&idno=40.

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

guidance will be identified in the evaluation where appropriate.

Specifically, the submittals are first reviewed for completeness under Part 51, Appendix V. This 

will be followed by a detailed analysis of the submitted revised rules with respect to the SIPapproved definitions and permitting provisions to determine consistency with EPA regulations, 

guidance and whether the submitted provisions interfere with any applicable CAA provisions. 

Finally, EPA will present an analysis of the revisions to the Arkansas PSD program to determine 

whether the submitted revisions will enable the AR PSD program to regulate and permit 

emissions of PM2.5 and its precursors in accordance with federal requirements. This analysis 
10

produces a written evaluation used to make a determination of whether or not the revisions to the 

Arkansas SIP are in agreement with the CAA, other EPA policies or guidance.

A. Part 51, Appendix V Evaluation of the September 10, 2014 SIP Submittal

The EPA has a CAA obligation to determine whether a SIP submittal is complete within 6 

months of receipt. Then, the EPA is afforded 12 months under the CAA to review and take 

action on the SIP submittal. If EPA does not make a completeness determination within 6 

months of receipt, the submittal is deemed complete by operation of law. Therefore, in this TSD 

we are providing a completeness determination on the September 10, 2014 submittal for parallel 

processing. The July 26, 2010 and November 6, 2012 submittals are already deemed complete by 

law.

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

determining the completeness of plan submissions and are outlined below: 

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

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

for purposes of review under § 51.103. 

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

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

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

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

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

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

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

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

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

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

The attached checklist outlines the basic criteria included under 2.1, 2.2, and 2.3 of Appendix V.
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SIP Completeness Checklist for the September 10, 2014 SIP Submittal

Administrative Materials (2.1)

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

designee requesting EPA's approval of the revision. Because this is a request for parallel 

processing, this letter must specifically request parallel processing consistent with the 

Exceptions identified in Section 2.3 of Appendix X to 40 CFR Part 51.

Ms. Teresa Marks, Director of the ADEQ, submitted a letter on September 10, 2014, 

formally requesting parallel processing of the August 22, 2014 adopted revisions to 

Arkansas Regulation 19. 

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

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

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

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

Because this submittal was accompanied by a request for parallel processing, the State 

shall submit a schedule for final adoption or issuance of the plan.

The September 10, 2014 letter requesting parallel processing indicates the ADEQ will 

hold a public hearing on the revisions to the Arkansas SIP on October 15, 2014. The 

deadline for submitted written comments on the revisions to the SIP is October 29, 2014. 

The letter also indicates the ADEQ will proceed with the rulemaking process as 

expeditiously as practicable. 

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

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

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

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

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

substantive statutes charged to the Arkansas Department of Environmental Quality for 

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

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

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

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

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

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

submittal was accompanied by a request for parallel processing, the State plan shall 

include a copy of the proposed/draft regulation or document, including indication of the 

proposed changes to be made to the existing approved plan, where applicable.

The September 10, 2014 letter requesting parallel processing of the August 22, 2014 state 

adoption. The September 10, 2014 package included a copy of the adopted regulations 

that will be public noticed as a revision to the Arkansas SIP.

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

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

plan. 

This requirement does not apply to a request for parallel processing.

6. Evidence is included that public notice was given of the proposed changes consistent 

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

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

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

This requirement does not apply to a request for parallel processing.

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

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

constitution, if applicable.

This requirement does not apply to a request for parallel processing.

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

This requirement does not apply to a request for parallel processing.

Technical Support (2.2)

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

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

The September 10, 2014 parallel processing request for proposed revisions to the 

Arkansas SIP expands the applicability of the Arkansas PSD program to regulate direct 

emissions of PM2.5 and its precursors consistent with federal requirements. The Arkansas 
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PSD program applies statewide to major sources and modifications subject to the PSD 

permitting program.

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

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

plan for the affected area(s) is included.

The September 10, 2014 parallel processing request for proposed revisions to the 

Arkansas SIP expands the applicability of the Arkansas PSD program to regulate direct 

emissions of PM2.5 and its precursors consistent with federal requirements. The Arkansas 

PSD program applies statewide to major sources and modifications subject to the PSD 

permitting program.

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

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

affected sources and/or, where appropriate, quantification of changes in actual emissions 

from affected sources through calculations of the differences between certain baseline 

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

Quantification of “SIP allowable emissions” is not required for the September 10, 2014 

request for parallel processing of revisions to the Arkansas PSD permit program. A 

determination of “allowable emissions” consistent with the PSD permitting requirements 

will be addressed on a permit-by-permit basis.

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

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

implemented.

The September 10, 2014 request for parallel processing of revisions to the Arkansas PSD 

program was adopted and submitted consistent with the revisions to the federal PSD 

permitting requirements. Adoption of these revised rules will protect the NAAQS/PSD 

increments/RFP demonstration and visibility.

5. FOR REDESIGNATIONS:

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

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

Not applicable.

b. Are contingency measures included?

Not applicable.

6. Modeling information, if applicable, is required to support the proposed revision. 
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Modeling information is not necessary to support the analysis and review of the 

September 10, 2014 request for parallel processing of revisions to the Arkansas PSD 

program. Modeling will be provided on a permit-by-permit basis in accordance with the 

Arkansas PSD SIP regulations. 

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

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

designs, reformulated materials, etc.).

Evidence that emission limitations are based on continuous emission reduction 

technology is not necessary to support the analysis and review of the September 10, 2014 

request for parallel processing of revisions to the Arkansas PSD program. Emission 

limitations will be established on a permit-by-permit basis in accordance with the PSD 

SIP regulations. 

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

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

levels.

The September 10, 2014 request for parallel processing of revisions to the Arkansas PSD 

SIP does not establish emission limitations, work practice standards, and 

recordkeeping/reporting requirements. They will be established on a permit-by-permit 

basis according to the applicable Arkansas PSD SIP requirements.

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

practice (including at what frequency).

The September 10, 2014 request for parallel processing of revisions to the Arkansas PSD 

submittal does not establish compliance/enforcement strategies. Each PSD SIP permit 

will separately address compliance/enforcement.

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

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

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

justification.

These justifications are not necessary for September 10, 2014 request for parallel 

processing of revisions to the Arkansas PSD program.

Exceptions (2.3)

The September 10, 2014 proposed SIP revision has been submitted for parallel processing. 

“Parallel processing” is used by EPA to expedite the review of a state plan; parallel processing 

allows a State to submit the plan prior to actual adoption by the State and provides an 

opportunity for the State to consider EPA comments prior to submission of a final plan for final 

review and action.
15

Under these circumstances, the plan submitted will not be able to meet all of the requirements of 

paragraph 2.1. The checklist for paragraph 2.1 has been updated to denote the parallel processing 

exceptions. All requirements of paragraph 2.2 will continue to apply.

Note that exceptions granted for parallel processing shall apply only to EPA’s determination of 

proposed action and all requirements of paragraph 2.1 shall be met prior to publication of EPA’s 

final determination of plan approvability.

The September 10, 2014 proposed SIP revision meets the completeness criteria established 

in 40 CFR part 51, Appendix V, for parallel processing.
B. Evaluation of Revisions to the Arkansas SIP

This section evaluates the changes submitted to the Arkansas SIP. The evaluation of each 

revisions the Arkansas SIP is presented below be section. Each individual revisions is catalogued 

and reviewed by EPA for consistency with the CAA and EPA’s regulations, guidance and 

policies. The evaluation of each provision in the SIP will be presented in the following format:

 Background. This section includes a chronology of the current SIP and each amendment 

that was submitted to EPA for SIP approval. This section also defines the proposed action 

EPA is reviewing.

 Evaluation Matrix. This section includes a table which sets forth the text of each 

submitted SIP amendment, and an annotation of the changes of each SIP amendment. 

Standard editing conventions will be used such that new text is underlined and deleted 

text is struck out. The right hand column of each matrix will include EPA’s evaluation of 

the submitted amendments.

 Additional Comments. When necessary, this section will include additional comments 

related to EPA’s evaluation of the provision, including any extended comments related to 

information in the right hand column of the applicable evaluation matrix.
1. Evaluation of Regulation 19, Chapter 1 – Title, Intent, and Purpose.

Background of Regulation 19, Chapter 1 – Title, Intent, and Purpose.

 The Arkansas SIP includes Regulation 19, Chapter 1, as adopted by the ADEQ on December 3, 2004, submitted to EPA on 

February 3, 2005. EPA approved this provision on April 12, 2007, see 72 FR 18394.

 ADEQ has submitted two revisions to the Title, Intent, and Purpose provisions for the Arkansas SIP.

o Revisions effective January 25, 2009; submitted on July 26, 2010, and 

o Revisions effective July 9, 2012 and November 18, 2012; submitted on November 6, 2012.

The following table includes EPA’s evaluation of the revisions to Regulation 19, Chapter 1. 

Table 2: Evaluation of Revisions to Regulation 19, Chapter 1 – Title, Intent, and Purpose EPA’s Evaluation

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as 

adopted by the State on December 3, 2004.

Reg. 19.101 Title

The following rules and regulations, adopted in 

accordance with the provisions of Subchapter 2 of the 

Arkansas Water and Air Pollution Control Act A.C.A. 

§§ 8-4-201 et seq., shall be known as "Regulations of 

the Arkansas Plan of Implementation of Air Pollution 

Control," hereinafter referred to as the "Regulations of 

the Plan," and "Regulation 19."

Revisions effective on January 25, 2009; Submitted on 

July 26, 2010.

Reg. 19.101 Title

The following rules and regulations, adopted in 

accordance with the provisions of Subchapter 2 of the 

Arkansas Water and Air Pollution Control Act, 

Arkansas Code Annotated (A.C.A.) §§ 8-4-201 et seq., 

shall be known as “Regulations of the Arkansas Plan of 

Implementation of Air Pollution Control,” hereinafter 

referred to as the “Regulations of the Plan,” and 

“Regulation 19.”

Submitted revision is a non-substantive 

correction for formatting. Revision is 

approvable.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

Reg. 19.102 Applicability

These regulations are applicable to any stationary source which has the potential to emit any federally regulated air 

pollutant.

No revisions submitted. Language 

provided for context.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as 

adopted by the State on December 3, 2004.

Reg. 19.103 Intent and Construction

A. The purpose and intent of Regulation 19, as 

amended, is to provide a clear delineation of those 

Revisions effective on January 25, 2009; Submitted on 

July 26, 2010.

Reg. 19.103 Intent and Construction

A. The purpose and intent of Regulation 19, as 

amended, is to provide a clear delineation of 

those regulations that are promulgated by the 

Submitted revisions include nonsubstantive corrections for formatting 

and the inclusion of an incorporation by 

reference date. The non-substantive 

revisions are approvable. The inclusion 

of the IBR date is approvable. However 
18

Table 2: Evaluation of Revisions to Regulation 19, Chapter 1 – Title, Intent, and Purpose EPA’s Evaluation

regulations that are promulgated by the 

Commission in satisfaction of certain requirements 

of the federal Clean Air Act, 42 U.S.C. §§ 7401 et 

seq., and the federal regulations stemming 

therefrom. Federal programs that the Department is 

responsible for administering include, but are not 

limited to, the attainment and maintenance of the 

National Ambient Air Quality Standards (40 C.F.R. 

Part 50), certain delegated subparts of the New 

Source Performance Standards (40 C.F.R. Part 60), 

provisions designed for the Prevention of 

Significant Deterioration (40 C.F.R. §52.21), minor 

new source review as described in Chapter 4 (40 

CFR Part 51), and certain delegated subparts of the 

National Emission Standards for Hazardous Air 

Pollutants (40 C.F.R. Parts 61 and 63). This 

subsection shall not be construed as limiting the 

future delegation of federal programs to the 

Department for administration.

Commission in satisfaction of certain 

requirements of the federal Clean Air Act, 42 

United States Code (U.S.C.) §§ 7401 et seq., 

as of July 1, 1997, and the federal regulations 

stemming therefrom. Federal programs that the 

Department is responsible for administering 

include, but are not limited to, the attainment 

and maintenance of the National Ambient Air 

Quality Standards (40 Code of Federal 

Regulations [C.F.R.] Part 50), certain 

delegated subparts of the New Source 

Performance Standards (40 C.F.R. Part 60), 

provisions designed for the Prevention of 

Significant Deterioration (40 C.F.R. § 52.21), 

minor new source review as described in 

Chapter 4 (40 CFR Part 51), and certain 

delegated subparts of the National Emission 

Standards for Hazardous Air Pollutants (40 

C.F.R. Parts 61 and 63) as of July 1, 1997.

This subsection shall not be construed as 

limiting the future delegation of federal 

programs to the Department for 

administration.

EPA notes that it is ADEQ’s 

responsibility to monitor federal 

regulations and promulgate revisions to 

update the IBR date as applicable.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

Reg. 19.103 Intent and Construction (cont...)

B. Regulation 19, as amended, is further intended to limit the federal enforceability of its requirements to 

only those mandated by federal law. Regulation 19, as amended, is also intended to facilitate a permit 

system for stationary sources within the State, which permit shall provide which provisions are federally 

enforceable and which provisions are state enforceable.

C. Regulation 19, as amended, presumes a single-permit system, encompassing both federal and state 

requirements. A regulated facility which is subject to permitting under Regulation 19 shall be required to 

apply for and comply with only one permit, even though that permit may contain conditions derived from 

the federal mandates contained in Regulation 19, as well as conditions predicated solely on state law. 

Regulation 19, through construction or implication, shall not support the conclusion that all conditions of

a permit have become federally enforceable because the permit contains provisions derived from 

No revisions submitted. Language 

provided for context.
19

Table 2: Evaluation of Revisions to Regulation 19, Chapter 1 – Title, Intent, and Purpose EPA’s Evaluation

Regulation 19. Permits or permit conditions issued under the authority of state law, or enforcement issues 

arising out of state law, shall not be federally enforceable.

D. To the extent consistent with state law and efficient protection of the State's air quality, Regulation 19 

shall be construed in a manner that promotes a streamlined permitting process, mitigation of regulatory 

costs, and flexibility in maintaining compliance with federal mandates. Any applicable documents (e.g. 

"White Papers," regulatory preambles, or interpretive memoranda) issued by the Environmental 

Protection Agency which are consistent with this policy and the legislative intent of state laws governing 

air pollution control (A.C.A. § 8-4-301 et seq.) are aids for construing the requirements of Regulation 19. 

Any procedure applicable to major sources that promotes operational flexibility are presumed to be 

authorized by this regulation unless manifestly inconsistent with its substantive terns.

E. Nothing in Regulation 19 shall be construed as curtailing the Department's or Commission's authority 

under state law.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as 

adopted by the State on December 3, 2004.

Reg. 19.104 Severability

If any provision of Regulation 19 is determined to be 

invalid, such invalidity shall not affect other provisions 

of Regulation 19.

Revisions effective July 9, 2012 and November 18, 

2012; Submitted on November 6, 2012.

Reg. 19.104 Severability

If any provision of Regulation 19 is determined to be 

invalid, such invalidity shall not affect other provisions 

of Regulation 19.

If federal legislation or a federal court stays, 

invalidates, delays the effective date of, or otherwise 

renders unenforceable, in whole or in part, EPA’s 

regulation of greenhouse gases, then the provisions of 

Regulation 19 concerning greenhouse gases based 

thereon shall be stayed and shall not be enforceable 

until such time as the Commission makes a final 

decision on whether or not to revise Regulation 19 due 

to the federal legislation or federal court order.

This adopted rescission clause language 

is approvable, provided that ADEQ 

abides by the clarifying statements 

provided in the rule development 

process. The ADEQ rulemaking docket 

and the preamble to the November 6, 

2012 SIP submittal specify that the 

Commission will defer to EPA before 

making a final decision on how 

Regulation 19 will be revised in light of 

federal legislation or federal court order.

The analysis presented above in Table 2 demonstrates that the revisions to Regulation 19, Chapter 1 submitted on July 26, 2010, and 

November 6, 2012, are approvable.
20

2. Evaluation of Regulation 19, Chapter 2 – Definitions.

Background of Regulation 19, Chapter 2 – Definitions.

 The Arkansas SIP includes Regulation 19, Chapter 2, as adopted by the ADEQ on December 3, 2004, submitted to EPA on 

February 3, 2005. EPA approved this provision on April 12, 2007, see 72 FR 18394.

 ADEQ has submitted three revisions to the Arkansas SIP Definitions.

o Revisions effective January 25, 2009; submitted on July 26, 2010, and 

o Revisions effective July 9, 2012 and November 18, 2012; submitted on November 6, 2012.

o Revisions adopted by the State on August 22, 2014; submitted on September 10, 2014.

The following table includes EPA’s evaluation of the revisions to Regulation 19, Chapter 2. 

Table 3: Evaluation of Revisions to Regulation 19, Chapter 2 – Definitions EPA’s Evaluation

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

CHAPTER 2: DEFINITIONS

Terms and phrases used in this regulation which are not explicitly defined herein shall have the same meaning as 

those terms which are used in the federal Clean Air Act. For purposes of this regulation:

No revisions submitted. Language 

provided for context.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

“12-month period” means a period of 12 consecutive months determined on a rolling basis with a new 12-month 

period beginning on the first day of each calendar month.

No revisions submitted. Language 

provided for context.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

“Actual emissions” means the quantity of federally regulated air pollutants emitted from a stationary source 

considering emissions control equipment and actual hours of source operation or amount of material processed.

No revisions submitted. Language 

provided for context.

Revisions effective July 9, 2012 and November 18, 

2012; Submitted on November 6, 2012

“CO2 equivalent emissions” (CO2e) shall represent 

an amount of GHGs emitted, and shall be computed by 

multiplying the mass amount of emissions in tons per 

year (tpy), for each of the six greenhouse gases in the 

pollutant GHGs, by the gas’s associated global 

warming potential published at Table A - 1 to Subpart 

A of 40 CFR part 98 - Global Warming Potentials 

Revisions adopted on August 22, 2014; Submitted on 

September 10, 2014.

“CO2 equivalent emissions” (CO2e) shall represent 

an amount of GHGs emitted, and shall be computed by 

multiplying the mass amount of emissions in tons per 

year (tpy), for each of the six greenhouse gases in the 

pollutant GHGs, by the gas’s associated global 

warming potential published at Table A - 1 to Subpart 

subpart A of 40 CFR part 98 - Global Warming 

The new definition for CO2 equivalent 

emissions is approvable except for the 

final sentence referencing EPA’s GHG 

Biomass Deferral, shown in italics 

above. On July 12, 2013, the D.C. 

Circuit Court vacated EPA’s July 20, 

2011 GHG Biomass Deferral. 

Additionally, the biomass deferral 
21

Table 3: Evaluation of Revisions to Regulation 19, Chapter 2 – Definitions EPA’s Evaluation

(which is incorporated by reference as finalized by EPA 

as of October 30, 2009), and summing the resultant 

value for each to compute a tpy CO2 equivalent 

emissions. For purposes of this definition, prior to July 

21, 2014, the mass of the greenhouse gas carbon 

dioxide shall not include carbon dioxide emissions 

resulting from the combustion or decomposition of nonfossilized and biodegradable organic material 

originating from plants, animals, or microorganisms 

(including products, by-products, residues and waste 

from agriculture, forestry and related industries as well 

as the non-fossilized and biodegradable organic 

fractions of industrial and municipal wastes, including 

gases and liquids recovered from the decomposition of 

non-fossilized and biodegradable organic material).

[Italics added for emphasis]

Potentials (which is incorporated by reference as 

finalized by EPA as of October 30, 2009), and summing 

the resultant value for each to compute a tpy CO2 

equivalent emissions. For purposes of this definition, 

prior to July 21, 2014, the mass of the greenhouse gas 

carbon dioxide shall not include carbon dioxide 

emissions resulting from the combustion or 

decomposition of non-fossilized and biodegradable 

organic material originating from plants, animals, or 

microorganisms (including products, by-products, 

residues and waste from agriculture, forestry and 

related industries as well as the non-fossilized and 

biodegradable organic fractions of industrial and 

municipal wastes, including gases and liquids 

recovered from the decomposition of non-fossilized and 

biodegradable organic material).

[Italics added for emphasis]

referred to in this clause has already 

expired, and is no longer valid. 

As such, the definition of CO2 

equivalent emissions is approvable, with 

the exception of the GHG Biomass 

Deferral provisions which will be 

addressed separately. The approval of 

CO2e supports the implementation of 

the Arkansas PSD SIP and the 

implementation of PSD permitting for 

GHG emissions.

The EPA is taking no action at this time 

on the biomass provisions Submitted on 

November 6, 2012, as part of the 

definition of CO2(e) in Regulation 19, 

Chapter 2. EPA views the biomass 

provisions as severable from the 

remainder of the definition of CO2e 

because the deferral has expired.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

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

No revisions submitted. Language 

provided for context.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

“Construction” means fabrication, erection, or installation of equipment. See also 40 CFR 60.2, 40 CFR 51.165, 

and 40 CFR 52.21.

No revisions submitted. Language 

provided for context.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

“Control apparatus” means any device which prevents, controls, detects or records the emission of any federally 

regulated air pollutants.

No revisions submitted. Language 

provided for context.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

No revisions submitted. Language 

provided for context.
22

Table 3: Evaluation of Revisions to Regulation 19, Chapter 2 – Definitions EPA’s Evaluation

“Department” means the Arkansas Department of Environmental Quality, or its successor. When reference is 

made in this regulation to actions taken by or with reference to the Department, the reference is to the staff of the 

Department acting at the direction of the Director.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as 

adopted by the State on December 3, 2004.

“Director” means the director of the Arkansas 

Department of Environmental Quality, or its successor, 

acting directly or through the staff of the Department.

Revisions effective January 25, 2009; Submitted on July 

26, 2010.

“Director” means the Director director of the Arkansas 

Department of Environmental Quality, or its successor, 

acting directly or through the staff of the Department.

Submitted revision is a non-substantive 

formatting correction. Revision is 

approvable.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

“Emission limitation” and “emission standard” mean a requirement established by the Department or the 

Administrator of the United States Environmental Protection Agency which limits the emissions of federally 

regulated air pollutants on a continuous basis, including any requirements which limit the level of opacity, 

prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to 

assure continuous emission reduction.

No revisions submitted. Language 

provided for context.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

“Emission unit” means any article, machine, equipment, operation, or contrivance that emits or has the potential 

to emit any federally regulated air pollutant.

No revisions submitted. Language 

provided for context.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

“EPA” means the United States Environmental Protection Agency

No revisions submitted. Language 

provided for context.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

“Equipment” means any device, except equipment used for any mode of vehicular transportation, capable of 

causing the emission of a federally regulated air pollutant into the open air, and any stack, conduit, flue, duct, vent, 

or similar device connected or attached to or serving the equipment.

No revisions submitted. Language 

provided for context.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as 

adopted by the State on December 3, 2004.

“Federal Clean Air Act” or “Clean Air Act” or 

“FCAA” means the federal Clean Air Act, as amended, 

42 U.S.C. 7401, et seq. and its implementing 

regulations as of the effective date of this regulation

Revisions effective January 25, 2009; Submitted on July 

26, 2010.

“Federal Clean Air Act” or “Clean Air Act” or 

“FCAA” or “the Act” means the federal Clean Air 

Act, as amended, 42 U.S.C. 7401, et seq. and its 

implementing regulations as of the effective date of this 

regulation.

Submitted revision is a non-substantive 

formatting correction. Revision is 

approvable.
23

Table 3: Evaluation of Revisions to Regulation 19, Chapter 2 – Definitions EPA’s Evaluation

Arkansas SIP 

Approved by EPA on April 12, 2007 

(72 FR 18394) as adopted by the 

State on December 3, 2004.

“Federally regulated air 

pollutant” means the following:

1. Nitrogen oxides or any volatile 

organic compounds;

2. Any pollutant for which a 

National Ambient Air Quality 

Standard has been promulgated;

3. Any pollutant that is subject to 

any standard promulgated under 

42 U.S.C.§§ 7401, et seq., as of 

the effective date of this 

regulation;

4. Any Class I or I1 substance 

subject to a standard 

promulgated under or 

established by Title VI of the 

Clean Air Act, as amended, 42 

U.S.C.§§ 7401, et seq.

Revisions effective January 25, 

2009; Submitted on July 26, 2010.

“Federally regulated air 

pollutant” means the following:

A. Nitrogen oxides or any volatile 

organic compounds;

B. Any pollutant for which a 

National Ambient Air Quality 

Standard has been promulgated;

C. Any pollutant that is subject to 

any standard promulgated under 

42 U.S.C. §§ 7401, et seq., as of 

the effective date of this 

regulation;

D. Any Class I or II substance 

subject to a standard 

promulgated under or 

established by Title VI of the 

Clean Air Act, as amended, 42 

U.S.C.§§ 7401, et seq. as 

amended as of July 1, 1997.

Revisions adopted on August 22, 

2014; Submitted on September 10, 

2014.

“Federally regulated air 

pollutant” means the following:

A. Nitrogen oxides or any volatile 

organic compounds;

B. Any pollutant for which a 

National Ambient Air Quality 

Standard has been promulgated;

C. Except as provided in (E), any 

Any pollutant that is subject to 

any standard promulgated under 

42 U.S.C. §§ 7401, et seq., as of 

the effective date of this 

regulation;

D. Any Class I or II substance 

subject to a standard 

promulgated under or 

established by Title VI of the 

Clean Air Act, 42 U.S.C.§§ 

7401, et seq. as amended as of 

July 1,1997.

E. GHGs, except that GHGs shall 

not be a Federally Regulated 

Air Pollutant unless the GHG 

emissions are:

1. from a stationary source 

emitting or having the 

potential to emit 75,000 tpy 

CO2e emissions or more; 

and

2. regulated under Chapter 9 

of this Regulation 19.

The revisions to the definition of 

“federally regulated air pollutant” 

submitted on July 26, 2010, are 

approvable. These revisions update an 

incorporation by reference date. We note 

that the ADEQ must be responsible for 

updating this IBR date consistent with 

federal regulation changes.

The revisions to the definition of 

“federally regulated air pollutant” 

submitted on September 10, 2014, 

substantively revise the definition to 

recognize that greenhouse gases (GHGs) 

are only federally regulated air 

pollutants above a specified threshold 

and are only regulated through the 

Arkansas PSD program. EPA approved 

the revisions to the Arkansas PSD 

program to provide for the authority to 

regulate and permit emissions of GHGs 

consistent with federal PSD 

requirements. See 78 FR 19596, April 2, 

2013. Therefore, the general definition 

of “federally regulated air pollutant” in 

Regulation 19, Chapter 2 identifying that 

GHGs are only regulated through the 

Arkansas PSD program is consistent 

with the approved Arkansas SIP and 

federal requirements for GHG PSD 

permitting. The September 10, 2014 

revisions are approvable.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

“Fugitive emissions” means those emissions which could not reasonably pass through a stack, chimney, vent, or 

other functionally equivalent opening. Those emissions are those that, according to customary and good 

No revisions submitted. Language 

provided for context.
24

Table 3: Evaluation of Revisions to Regulation 19, Chapter 2 – Definitions EPA’s Evaluation

engineering practice, considering technological and economic feasibility, could not pass through a stack, chimney, 

vent or other functionally-equivalent opening, except that the Department will utilize the definition of fugitive 

emissions for those industries for which an approved EPA definition exist under federal law or regulation and 

which are meeting that law or regulation.

New Provisions effective July 9, 2012 and November 18, 2012; Submitted November 6, 2012.

“Greenhouse gases” (GHGs) means the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, 

methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

Submitted revisions adopts a new 

definition of greenhouse gas that is 

substantively identical to the federal 

definition at 40 CFR 52.21(b)(49)(i) and 

the SIP-approved provisions in the AR 

PSD program at Regulation 19, Chapter 

9, Section 19.904(G). 

Note that EPA has already SIP-approved 

the AR GHG PSD permitting provisions 

on April 2, 2013. See 78 FR 19596.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as 

adopted by the State on December 3, 2004.

“Hazardous Air Pollutant” means any air pollutant 

listed pursuant to 112 of the Clean Air Act, as amended, 

42 U.S.C. §§ 7401., et seq., as of the effective date of 

this regulation.

Revisions effective January 25, 2009; Submitted on July 

26, 2010.

“Hazardous Air Pollutant” or “HAP” means any air 

pollutant listed pursuant to § 112 of the Clean Air Act, 

as amended, 42 U.S.C. §§ 7401, et seq., as of the 

effective date of this regulation.

Submitted revision is a non-substantive 

formatting correction. Revision is 

approvable.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as 

adopted by the State on December 3, 2004.

“Modification” means any physical change in, or 

change in the method of operation of, a

stationary source which increases the emission rate of 

any federally regulated air pollutant over permitted 

rates or which results in the emission of a federally 

regulated air pollutant not previously emitted, except 

that:

(1) Routine maintenance, repair, and replacement shall 

not be considered a physical change, and

(2) The following shall not be considered a change in 

the method of operation:

Revisions effective January 25, 2009; Submitted on July 

26, 2010.

“Modification” means any physical change in, or 

change in the method of operation of, a

stationary source which increases the emission rate of 

any federally regulated air pollutant over permitted 

rates or which results in the emission of a federally 

regulated air pollutant not previously emitted, except 

that:

A. (1) Routine maintenance, repair, and replacement 

shall not be considered a physical change, and

B. (2) The following shall not be considered a change 

in the method of operation:

1. (a) Any change in the production rate, if 

such change does not exceed the permitted 

operating capacity of the source;

The revisions submitted on July 26, 

2010 to the definition of “Modification” 

in Regulation 19, Chapter 2 are 

approvable. These revisions are nonsubstantive revisions to correct 

formatting.
25

Table 3: Evaluation of Revisions to Regulation 19, Chapter 2 – Definitions EPA’s Evaluation

(a) Any change in the production rate, if such 

change does not exceed the permitted operating 

capacity of the source;

(b) Any change in the hours of operation, as long as 

it does not violate applicable air permit conditions; 

or

(c) The use of an alternate fuel or raw material, as 

long as it does not violate applicable air permit 

conditions.

(3) De Minimis changes, as defined in §19.407(C), and 

changes in ownership shall not be considered.

2. (b) Any change in the hours of operation, as 

long as it does not violate applicable air 

permit conditions; or

3. (c) The use of an alternate fuel or raw 

material, as long as it does not violate 

applicable air permit conditions.

C. (3) De Minimis changes, as defined in Reg. 

§19.407(C), and changes in ownership shall not be 

considered.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as 

adopted by the State on December 3, 2004.

"National Ambient Air Quality Standard" or 

"(NAAQS)," mean those ambient air quality standards 

promulgated by the EPA in 40 CFR Part 50.

Revisions adopted August 22, 2014; Submitted 

September 10, 2014.

“National Ambient Air Quality Standard” or 

“(NAAQS),” mean those ambient air quality standards 

promulgated by the EPA in 40 CFR Part 50 as of July 

27, 2012, as set forth in Appendix B.

The revision submitted on September 

10, 2014, to the definition of “National 

Ambient Air Quality Standard” in 

Regulation 19, Chapter 2, is a 

substantive revision to include 

incorporation by reference dates for the 

applicable NAAQS in new Appendix B. 

Appendix B, as discussed elsewhere in 

this TSD, provides an itemized list of the 

NAAQS that are germane to the 

Arkansas SIP, or that are only adopted 

for purposes of PSD permitting. The 

revisions are approvable.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

"Opacity" means the degree to which air emissions reduce the transmission of light and obscure the view of an 

object in the background.

No revisions submitted. Language 

provided for context.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

"Operator" means any person who leases, operates, controls, or supervises any equipment affected by these 

regulations.

No revisions submitted. Language 

provided for context.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

"Owner" means any person who has legal or equitable title to any source, facility, or equipment affected by these 

regulations.

No revisions submitted. Language 

provided for context.
26

Table 3: Evaluation of Revisions to Regulation 19, Chapter 2 – Definitions EPA’s Evaluation

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

"Particulate matter" means any airborne finely divided solid or liquid material with an aerodynamic diameter 

equal to or less than 100 micrometers.

No revisions submitted. Language 

provided for context.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as 

adopted by the State on December 3, 2004.

"Particulate matter emissions" means all particulate 

matter, other than uncombined water, emitted to the 

ambient air as measured by applicable reference 

methods, or an equivalent or alternate method, specified 

in 40 CFR Part 60 Appendix A or by a test method 

specified in these regulations or any supplement 

thereto.

Revisions adopted August 22, 2014; Submitted 

September 10, 2014.

“Particulate matter emissions” means all particulate 

matter, other than uncombined water, emitted to the 

ambient air as measured by applicable reference 

methods, or an equivalent or alternate method, specified 

in 40 CFR Part 60 Appendix A or by a test method 

specified in these regulations or any supplement 

thereto., with the exception of condensable particulate 

matter.

The September 10, 2014 revisions to the 

general definition of “particulate matter 

emissions” substantively revise the SIPapproved definition to specify that 

condensable particulate matter is not 

generally included in particulate matter 

emissions. However, as noted in the 

PSD analysis, the Arkansas PSD 

program does regulate condensables for 

PM2.5 and PM10 purposes in the 

Arkansas PSD program consistent with 

federal requirements.

The revisions to the general definition 

are approvable.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

"Person" means any individual or other legal entity or their legal representative or assignee.

No revisions submitted. Language 

provided for context.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

"Plan" means the Arkansas Plan of Implementation for Air Pollution Control.

No revisions submitted. Language 

provided for context.

New Provisions effective January 25, 2009; Submitted 

July 26, 2010.

“PM2.5” means particulate matter with an aerodynamic 

diameter less than or equal to a nominal two and onehalf (2.5) micrometers.

Revisions adopted August 22, 2014; Submitted 

September 10, 2014.

“PM2.5” means particulate matter with an aerodynamic 

diameter less than or equal to a nominal two and onehalf (2.5) micrometers as measured by a reference 

method based on Appendix L of 40 CFR Part 50 as of 

July 27, 2013, or by an approved regional method 

designated in accordance with Appendix C of 40 CFR 

Part 53.

Submitted revision adopts a new 

definition of PM2.5 consistent with the 

federal definition at 40 CFR Part 50, 

Appendix L.

Revision is approvable.

Arkansas SIP Revisions effective January 25, 2009; Submitted July 

26, 2010.

Submitted revision establishes an 

incorporation by reference date, which is 
27

Table 3: Evaluation of Revisions to Regulation 19, Chapter 2 – Definitions EPA’s Evaluation

Approved by EPA on April 12, 2007 (72 FR 18394) as 

adopted by the State on December 3, 2004.

"PM10" means particulate matter with an aerodynamic 

diameter less than or equal to a nominal 10 micrometers 

as measured by a reference method based on Appendix 

J of 40 CFR Part 50, or by an equivalent method 

designated in accordance with 40 CFR Part 53.

“PM10” means particulate matter with an aerodynamic 

diameter less than or equal to a nominal 10 micrometers 

as measured by a reference method based on Appendix 

J of 40 CFR Part 50, or by an equivalent method 

designated in accordance with 40 CFR Part 53 as of 

December 8, 1984.

approvable. However EPA notes that it 

is ADEQ’s responsibility to monitor 

federal regulations and promulgate 

revisions to update the IBR date as 

applicable.

Arkansas SIP

Approved by EPA on April 12, 2007 

(72 FR 18394) as adopted by the 

State on December 3, 2004.

"PM10 emissions" means PM10

emitted to the ambient air as 

measured by an applicable reference 

method, or an equivalent or 

alternate method, specified in 40 

CFR Part 51, Appendix M, or by a 

test method specified in these 

regulations or any supplement 

thereto.

Revisions effective January 25, 

2009; Submitted July 26, 2010.

“PM10 emissions” means PM10

emitted to the ambient air as 

measured by an applicable reference 

method, or an equivalent or 

alternate method, specified in 40 

CFR Part 51, Appendix M as of 

December 8, 1984, or by a test 

method specified in these 

regulations or any supplement 

thereto.

Revisions adopted August 22, 2014; 

Submitted September 10, 2014.

“PM10 emissions” means PM10

emitted to the ambient air as 

measured by an applicable reference 

method, or an equivalent or 

alternate method, specified in 40 

CFR Part 51, Appendix M as of 

July 27, 2012, as of December 8, 

1984, or by a test method specified 

in these regulations or any 

supplement thereto.

Submitted revision establishes an 

incorporation by reference date, which is 

approvable. However EPA notes that it 

is ADEQ’s responsibility to monitor 

federal regulations and promulgate 

revisions to update the IBR date as 

applicable.

Arkansas SIP

Approved by EPA on April 12, 2007 

(72 FR 18394) as adopted by the 

State on December 3, 2004.

"Potential to emit" means the 

maximum capacity of a stationary 

source to emit a federally regulated 

air pollutant under its physical and 

operational design. Any physical or 

operational limitation on the 

capacity of the source to emit a 

federally regulated air pollutant, 

including, but not, limited to, air 

pollution control equipment and 

restrictions on hours of operation or 

on the type or amount of material 

Revisions effective January 25, 

2009; Submitted July 26, 2010.

“Potential to emit” means the 

maximum capacity of a stationary 

source to emit a federally regulated 

air pollutant under its physical and 

operational design. Any physical or 

operational limitation on the 

capacity of the source to emit a 

federally regulated air pollutant, 

including, but not, limited to, air 

pollution control equipment and 

restrictions on hours of operation or 

on the type or amount of material 

combusted, stored, or processed, 

shall be treated as part of its design 

only if the limitation or the effect it 

Revisions adopted August 22, 2014; 

Submitted September 10, 2014.

“Potential to emit” means the 

maximum capacity of a stationary 

source to emit a federally regulated 

air pollutant under its physical and 

operational design. Any physical or 

operational limitation on the 

capacity of the source to emit a 

federally regulated air pollutant, 

including, but not, limited to, air 

pollution control equipment and 

restrictions on hours of operation or 

on the type or amount of material 

combusted, stored, or processed, 

shall be treated as part of its design 

Submitted revision establishes an 

incorporation by reference date, which is 

approvable. However EPA notes that it 

is ADEQ’s responsibility to monitor 

federal regulations and promulgate 

revisions to update the IBR date as 

applicable.
28

Table 3: Evaluation of Revisions to Regulation 19, Chapter 2 – Definitions EPA’s Evaluation

combusted, stored, or processed, 

shall be treated as part of its design 

only if the limitation or the effect it 

would have on emissions is 

enforceable to the extent it is 

regulated by the federal Clean Air 

Act, 42 U.S.C. §§ 7401 et seq. 

Secondary air emissions do not 

count in determining the potential to 

emit of a stationary source.

would have on emissions is 

enforceable to the extent it is 

regulated by the federal Clean Air 

Act, 42 U.S.C. §§ 7401 et seq. as of 

February 15, 1999. Secondary air 

emissions do not count in 

determining the potential to emit of 

a stationary source.

only if the limitation or the effect it 

would have on emissions is 

enforceable to the extent it is 

regulated by the federal Clean Air 

Act, 42 U.S.C. §§ 7401 et seq. as of 

February 15, 1999. Secondary air 

emissions do not count in 

determining the potential to emit of 

a stationary source.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as 

adopted by the State on December 3, 2004.

"Responsible official" means one of the following:

(1) For a corporation: a president, secretary, treasurer, 

or vice president of the corporation in charge of a 

principal business function, or any other person who

performs similar policy or decision-making functions 

for the corporation, or a duly authorized representative 

or such person if the representative is responsible

for the overall operation of one or more manufacturing, 

production, or operating

facilities applying for or subject to a permit and either:

(a) The facilities employ more than 250 

persons or have gross annual sales

or expenditures exceeding $25 million (in 

second quarter 1980 dollars); or

(b) The delegation of authority to such 

representative is approved in advance by the 

Department;

(2) For partnership or sole proprietorship: a general 

partner or the proprietor, respectively;

(3) For a municipality, State, Federal, or other public 

agency: either a principal executive officer or ranking 

elected official. For the purposes of this regulation, a

principal executive officer of a federal agency includes 

the chief executive officer having responsibility for the 

overall operations of a principal geographic unit of

Revisions effective January 25, 2009; Submitted July 

26, 2010.

“Responsible official” means one of the following:

(A) (1) For a corporation: a president, secretary, 

treasurer, or vice president of the

corporation in charge of a principal business function, 

or any other person who

performs similar policy or decision-making functions 

for the corporation, or a

duly authorized representative or such person if the 

representative is responsible

for the overall operation of one or more manufacturing, 

production, or operating

facilities applying for or subject to a permit and either:

(1) (a) The facilities employ more than 250 

persons or have gross annual sales or 

expenditures exceeding $25 million (in second 

quarter 1980 United States dollars); or

(2) (b) The delegation of authority to such 

representative is approved in advance by the 

Department;

(B) (2) For partnership or sole proprietorship: a general 

partner or the proprietor,

respectively;

(C) (3) For a municipality, State, Federal, or other 

public agency: either a principal

executive officer or ranking elected official. For the 

purposes of this regulation, a

Submitted revision is a non-substantive 

formatting correction. Revision is 

approvable.
29

Table 3: Evaluation of Revisions to Regulation 19, Chapter 2 – Definitions EPA’s Evaluation

the agency (e.g., a Regional Administrator of EPA); or

(4) For acid rain sources:

(a) The designated representative insofar as 

actions, standards, requirements, or 

prohibitions under Title IV of the Act or the 

regulations promulgated thereunder are 

concerned; and

(b) The designated representative for any other 

purposes under Part 70.

principal executive officer of a federal agency includes 

the chief executive officer

having responsibility for the overall operations of a 

principal geographic unit of

the agency (e.g., a Regional Administrator of EPA); or

(D) (4) For acid rain sources:

(1) (a) The designated representative insofar as 

actions, standards, requirements, or 

prohibitions under Title IV of the Act or the 

regulations promulgated thereunder are 

concerned; and

(2) (b) The designated representative for any 

other purposes under Part 70.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

"Secondary emissions" means those emissions of federally regulated air pollutants which, although associated 

with a source, are not emitted from the source itself.

No revisions submitted. Language 

provided for context.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

"Shutdown" means the cessation of operation of equipment.

No revisions submitted. Language 

provided for context.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

"Startup" means the setting in operation of equipment.

No revisions submitted. Language 

provided for context.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

"Stationary source" means any building, structure, facility, or installation which emits or may emit any federally 

regulated air pollutant.

No revisions submitted. Language 

provided for context.

New Provisions effective January 25, 2009; Submitted July 26, 2010.

“Title I modification” means any modification as defined under any regulation promulgated pursuant to Title I of 

the federal Clean Air Act. De minimis changes under Regulation 19, changes to state only permit requirements, 

administrative permit amendments, and changes to the insignificant activities list are not Title I modifications.

Submitted revision establishes a new 

general definition for use in the 

Arkansas permit program for Title I 

modification. This definition is 

approvable as providing additional 

clarity to the AR permitting program. 

However EPA notes that misuse of the 

de minimis changes under regulation 19, 

misuse of state permitting requirements 

or misuse of the ISA list to exempt a 
30

Table 3: Evaluation of Revisions to Regulation 19, Chapter 2 – Definitions EPA’s Evaluation

source from Title I requirements could 

be considered circumvention of CAA 

NSR requirements and subject to EPA 

enforcement.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

“Volatile organic compounds” or “VOC” means any compound of carbon, excluding carbon monoxide, carbon 

dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in 

atmospheric photochemical reactions.

No revisions submitted. Language 

provided for context.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as 

adopted by the State on December 3, 2004.

“Volatile organic compounds” (VOC) (cont...)

1. This includes any such organic compound 

other than the following, which have been 

determined to have negligible photochemical 

reactivity:

acetone;

methane;

ethane;

methylene chloride (dichloromethane);

1,1,1- trichloroethane (methyl chloroform);

tetrachloroethylene (perchloroethylene);

1,1,1 trichloro-2,2,2- trifluoroethane (CFC- 1 

13);

trichlorofluoromethane (CFC-1 I);

dichlorodifluoromethane (CFC-12);

chlorodifluoromethane (HCFC-22);

trifluoromethane (HFC-23);

1,2-dichloro 1 , 1 ,2,2-tetrafluoroethane (CFC1 14);

chloropentafluoroethane (CFC- 1 15);

1,1,1 -trifluoro 2,2-dichloroethane (HCFC123);

1,1,1,2-tetrafluoroethane (HFC- 134a);

1,l -dichloro 1 -fluoroethane (HCFC- 141 b);

1 -chloro I, 1 -difluoroethane (HCFC- 142b);

Revisions effective January 25, 2009; Submitted July 

26, 2010.

“Volatile organic compounds” (VOC) (cont...)

A. This includes any such organic compound other 

than the following, which have been determined to 

have negligible photochemical reactivity:

acetone;

methane;

ethane;

methylene chloride (dichloromethane);

1,1,1- trichloroethane (methyl chloroform);

tetrachloroethylene (perchloroethylene);

1,1,1 trichloro-2,2,2- trifluoroethane 1,1,2-

trichloro-1,2,2-trifluoroethane (CFC113);

trichlorofluoromethane (CFC-11);

dichlorodifluoromethane (CFC-12);

chlorodifluoromethane (HCFC-22);

trifluoromethane (HFC-23);

1,2-dichloro 1,1, 2, 2-tetrafluoroethane (CFC114);

chloropentafluoroethane (CFC-115);

1,1,1-trifluoro 2,2-dichloroethane (HCFC123);

1,1,1,2-tetrafluoroethane (HFC-134a);

1,1-dichloro 1-fluoroethane (HCFC-141b);

1-chloro 1,1-difluoroethane (HCFC-142b);

2-chloro-1,1,1,2-tetrafluoroethane (HCFC124);

Submitted revision contains nonsubstantive formatting corrections. 

These revisions are approvable. The 

submittal also contains substantive 

revisions to the definition of VOC 

consistent with federal requirements at 

40 CFR 51.100(s)(1). Revisions are 

approvable.
31

Table 3: Evaluation of Revisions to Regulation 19, Chapter 2 – Definitions EPA’s Evaluation

2-chloro- 1 , 1 , l,2-tetrafluoroethane (HCFC124)

pentaflurorethane (HFC- 125);

1,1,2,2-tetrafluoroethane( HFC-134);

1,1,1 -trifluoroethane (HFC- 143a);

1,l -difluoroethane (HFC- 152a);

parachlorobenzotrifluoride (PCBTF);

cyclic, branched, or linear completely 

methylated siloxanes;

3,3-dichloro- 1,l ,l,2,2-pentafluoropropane( 

HCFC-225ca);

1,3-dichloro- l,l,2,2,3-pentafluoropropane 

(HCFC-225cb);

1,1,1,2,3,4,4,5,5,5-decafluoropentan(He FC 

43-10mee);

di fluoromethane (HFC-3 2);

ethylfluoride (HFC- 16 1);

1,1,1,3,3,3-hexafluoropropane( HFC-236fa);

1,1,2,2,3-pentafluoropropane (HFC-245ca);

1,1,2,3,3-pentafluoropropane (HFC 245ea);

1,1,1,2,3-pentafluoropropane(H FC-245eb);

1,1,1,3,3-pentafluoropropane (HFC-245fa);

1,1,1,2,3,3-hexafluoropropan(eH FC-236ea);

1,1,1,3,3-pentafluorobutane (HFC-365mfc);

chlorofluoromethane (HCFC-3 1);

1 chloro- 1 -fluoroethane (HCFC- 15 1 a);

1,2-dichloro- l,1,2-trifluoroethane (HCFC123a);

1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutan(Ce 4F90CH3);

2-(difluoromethoxymethy1)-l,1, 1,2,3,3,3-

heptafluoropropane((CF3)2CFCF20CH3);

1- ethoxy-1 ,1 ,2,2,3,3747474-

nonafluorobuta(Cne4 F90C2H5);

2-(ethoxydifluoromethy1)- 1,1,1,2,3,3,3-

heptafluoropropane

((CF3)2CFCF20C2H5);

methyl acetate and perfluorocarbon 

compounds which fall into these classes:

pentaflurorethane (HFC-125);

1,1,2,2-tetrafluoroethane (HFC-134);

1,1,1-trifluoroethane (HFC-143a);

1,1-difluoroethane (HFC-152a);

parachlorobenzotrifluoride (PCBTF);

cyclic, branched, or linear completely 

methylated siloxanes;

3,3-dichloro-1,1,1,2,2-pentafluoropropane 

(HCFC-225ca);

1,3-dichloro-1,1,2,2,3-pentafluoropropane 

(HCFC-225cb);

1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 

43-10mee);

difluoromethane (HFC-32);

ethylfluoride (HFC-161);

1,1,1,3,3,3-hexafluoropropane (HFC-236fa);

1,1,2,2,3-pentafluoropropane (HFC-245ca);

1,1,2,3,3-pentafluoropropane (HFC 245ea);

1,1,1,2,3-pentafluoropropane (HFC-245eb);

1,1,1,3,3-pentafluoropropane (HFC-245fa);

1,1,1,2,3,3-hexafluoropropane (HFC-236ea);

1,1,1,3,3-pentafluorobutane (HFC-365mfc);

chlorofluoromethane (HCFC-31);

1 chloro-1-fluoroethane (HCFC-151a);

1,2-dichloro-1,1,2-trifluoroethane (HCFC123a);

1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane 

(C4F9OCH3 or HFE-7100);

2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-

heptafluoropropane ((CF3)2CFCF2OCH3);

1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane 

(C4F9OC2H5 or HFE 7200);

2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-

heptafluoropropane

((CF3)2CFCF2OC2H5);

methyl acetate;

1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane 

(n-C3F7OCH3 or HFE-7000);
32

Table 3: Evaluation of Revisions to Regulation 19, Chapter 2 – Definitions EPA’s Evaluation

a) cyclic, branched, or linear, completely 

fluorinated alkanes;

b) cyclic, branched, or linear, completely 

fluorinated ethers with no unsaturations;

c) cyclic, branched, or linear, completely 

fluorinated tertiary amines with no 

unsaturations;

d) sulfur containing perfluorocarbons with no 

saturations and with sulfur bonds only to 

carbon and fluorine.

3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro2-(trifluoromethyl) hexane (HFE- 7500)

1,1,1,2,3,3,3-heptafluoropropane (HFC 

227ea);

methyl formate (HCOOCH3)

1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-

trifluoromethyl-pentane (HFE-7300);

and perfluorocarbon compounds which fall 

into these classes:

1. cyclic, branched, or linear, completely 

fluorinated alkanes;

2. cyclic, branched, or linear, completely 

fluorinated ethers with no unsaturations;

3. cyclic, branched, or linear, completely 

fluorinated tertiary amines with no 

unsaturations; and

4. sulfur containing perfluorocarbons with 

no saturations and with sulfur bonds only 

to carbon and fluorine.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as 

adopted by the State on December 3, 2004.

“Volatile organic compounds” (VOC) (cont...)

2. For purposes of determining compliance with 

emission limits, VOC will be measured by the test 

methods in the approved SIP or 40 CFR Part 60, 

Appendix A, as applicable. Where such a method 

also measures compounds with negligible 

photochemical reactivity, these negligibly-reactive 

compounds may be excluded as VOC if the amount 

of such compounds is accurately quantified, and 

such exclusion is approved by the Department.

Revisions effective January 25, 2009; Submitted July 

26, 2010.

“Volatile organic compounds” (VOC) (cont...)

B. For purposes of determining compliance with 

emission limits, VOC will be measured by the test 

methods in the approved State Implementation 

Plan (SIP) or 40 CFR Part 60, Appendix A, as of 

July 1, 1997, as applicable. Where such a method 

also measures compounds with negligible 

photochemical reactivity, these negligibly-reactive 

compounds may be excluded as VOC if the 

amount of such compounds is accurately 

quantified, and such exclusion is approved by the 

Department.

Submitted revision contains nonsubstantive formatting corrections. 

These revisions are approvable. The 

submitted also establishes an 

incorporation by reference date, which is 

approvable. Revision is consistent with 

federal requirements at 40 CFR 

51.100(s)(2).

However EPA notes that it is ADEQ’s 

responsibility to monitor federal 

regulations and promulgate revisions to 

update the IBR date as applicable.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as 

adopted by the State on December 3, 2004.

“Volatile organic compounds” (VOC) (cont...)

Revisions effective January 25, 2009; Submitted July 

26, 2010.

“Volatile organic compounds” (VOC) (cont...)

The July 26, 2010 submitted revisions to 

the definition of VOC, paragraph (C) at 

Regulation 19, Chapter 2 are 
33

Table 3: Evaluation of Revisions to Regulation 19, Chapter 2 – Definitions EPA’s Evaluation

2. As a precondition to excluding these compounds as 

VOC or at any time thereafter, the Department may 

require an owner or operator to provide monitoring 

or testing results demonstrating, to the satisfaction 

of the Department, the amount of negligiblyreactive compounds in the sources' emissions.

C. As a precondition to excluding these compounds as 

VOC or at any time thereafter, the Department 

may require an owner or operator to provide 

monitoring or testing results demonstrating, to the 

satisfaction of the Department, the amount of 

negligibly-reactive compounds in the source’s

sources’ emissions.

approvable. These revisions are nonsubstantive to correct formatting.

New Provisions effective January 25, 2009; Submitted July 26, 2010.

“Volatile organic compounds” (VOC) (cont...)

D. The following compound(s) are VOC for purposes of all recordkeeping, emissions reporting, photochemical 

dispersion modeling and inventory requirements which apply to VOC and shall be uniquely identified in 

emission reports, but are not VOC for purposes of VOC emissions limitations or VOC content requirements: tbutyl acetate.

Submitted revision establishes new 

requirements consistent with federal 

requirements at 40 CFR 51.100(s)(5). 

Revision is approvable.

The analysis presented above in Table 3 demonstrates that the revisions to Regulation 19, Chapter 2 submitted on July 26, 2010, 

November 6, 2012, and September 10, 2014, are approvable.
3. Evaluation of Regulation 19, Chapter 3 – Protection of the National Ambient Air Quality Standards.

Background of Regulation 19, Chapter 3 – Protection of the National Ambient Air Quality Standards.

 The Arkansas SIP includes Regulation 19, Chapter 3, Sections 19.301, 19.302, 19.303 as adopted by the ADEQ on December 

3, 2004, submitted to EPA on February 3, 2005. EPA approved this provision on April 12, 2007, see 72 FR 18394. The 

Arkansas SIP includes Regulation 19, Chapter 3, Section 19.304 as adopted by the ADEQ on April 28, 2006 and submitted to 

EPA on July 3, 2006. EPA approved this provision on April 12, 2007, see 72 FR 18394.

 ADEQ has submitted one revision to the Arkansas NAAQS Provisions.

o Revisions effective January 25, 2009; submitted on July 26, 2010.

The following table includes EPA’s evaluation of the revisions to Regulation 19, Chapter 3. 

Table 4: Evaluation of Revisions to Regulation 19, Chapter 3 – Protection of the National Ambient Air 

Quality Standards

EPA’s Evaluation

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

Regulation 19.301 – Purpose.

The purpose of this chapter is to state the responsibilities of the Department and regulated sources in meeting and 

maintaining the NAAQS contained in 40 CFR Part 50. If any area of the state is determined to be in violation of 

the NAAQS, all applicable requirements contained in the Clean Air Act, as amended, and all regulations 

promulgated thereto shall be met by the Department.

No revisions submitted. Language 

provided for context.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

Regulation 19.302 – Department Responsibilities

The Department shall be responsible for taking the following precautions to prevent the NAAQS from being 

exceeded:

A. Ambient air monitoring in any area that can reasonably be expected to be in excess of the NAAQS.

B. Computer modeling of regulated air pollutant emissions for any area that can reasonably be expected to 

be in excess of the NAAQS, and review of the ambient air impacts of any new or modified source of 

federally regulated air emission that is the subject of the requirements of this Plan. All computer 

modeling shall be performed using EPA approved models, and using averaging times commensurate 

with averaging times stated in the NAAQS.

No revisions submitted. Language 

provided for context.

Arkansas SIP

Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

No revisions submitted. Language 

provided for context.
35

Table 4: Evaluation of Revisions to Regulation 19, Chapter 3 – Protection of the National Ambient Air 

Quality Standards

EPA’s Evaluation

Reg. 19.303 Regulated Sources Responsibilities

Any source subject to the provisions of this Plan shall be responsible for taking the following precautions to 

prevent the NAAQS from being exceeded:

A. When required by law or this regulation, obtaining a permit from the Department prior to construction of 

a new source of federally regulated air pollutant emissions or prior to the modification of an existing 

source of air emissions.

B. Operating equipment in such a manner as to meet any applicable permit requirement or any applicable 

regulations.

C. Repairing malfunctioning equipment and pollution control equipment as quickly as possible. If the 

malfunctioning equipment is causing, or contributing to, a violation of the NAAQS, as determined by 

computer modeling, the source is responsible for ceasing operations of the affected equipment until such 

time that it is repaired.

Arkansas SIP

Approved by EPA April 12, 2007 (72 FR 18394) as 

adopted by the State on April 28, 2006, and submitted 

to EPA July 3, 2006.

Reg. 19.304 Delegated Federal Programs

Sources subject to this regulation shall also comply 

with all Federal programs that the Department is 

responsible for administering including certain 

delegated subparts of the New Source Performance 

Standards (40 C.F.R. Part 60), provisions designed for 

the Prevention of Significant Deterioration (40 C.F.R. 

§ 52.21), and certain delegated subparts of the National 

Emissions Standards for Hazardous Air Pollutants (40 

C.F.R. Parts 61 and 63), which were promulgated as of 

January 27, 2006. These delegated subparts only apply 

to major sources. (There are subparts that apply to 

minor sources, but the Department has not requested 

delegation of them as of April 28, 2006.)

Revisions effective on January 25, 2009; Submitted on 

July 26, 2010.

Reg. 19.304 Delegated Federal Programs

Sources subject to this regulation shall also comply 

with all Federal programs that the Department is 

responsible for administering including certain 

delegated subparts of the New Source Performance 

Standards (40 C[.]F[.]R[.] Part 60), provisions 

designed for the Prevention of Significant 

Deterioration (40 C[.]F[.]R[.] § 52.21), and certain 

delegated subparts of the National Emissions Standards 

for Hazardous Air Pollutants (40 C[.]F[.]R[.] Parts 61 

and 63), which were promulgated as of January 27, 

2006. These delegated subparts only apply to major 

sources. (There are subparts that apply to minor 

sources, but the Department has not requested 

delegation of them as of April 28, 2006.)

Submitted revision is a non-substantive 

formatting correction. Revision is 

approvable.

The analysis presented above in Table 4 demonstrates that the revisions to Arkansas Regulation 19, Chapter 3 submitted on July 26 

2010, are approvable.
36

4. Evaluation of Regulation 19, Chapter 5 – General Limitations Applicable to Equipment.

Background of Regulation 19, Chapter 5 – General Limitations Applicable to Equipment.

 The Arkansas SIP includes Regulation 19, Chapter 5, as adopted by the ADEQ on December 3, 2004, submitted to EPA on 

February 3, 2005. EPA approved this provision on April 12, 2007, see 72 FR 18394.

 ADEQ has submitted two revisions to the Arkansas SIP General Limitations Applicable to Equipment.

o Revisions effective January 25, 2009; submitted on July 26, 2010, and 

o Revisions adopted by the State on August 22, 2014; submitted on September 10, 2014.

The following table includes EPA’s evaluation of the revisions to Regulation 19, Chapter 5. 

Table 5 – Revisions to Regulation 19, Chapter 5 – General Limitations Applicable to Equipment EPA’s Evaluation

Arkansas SIP

As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, and submitted 

to EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) effective May 14, 2007.

Reg. 19.501 Purpose

The purpose of this chapter is to define the general federally regulated air pollutant emissions limitations 

applicable to all equipment subject to the Plan. Stricter specific limitations may be required in applicable permits 

if such limitations are necessary to comply with federal law or regulations which are in effect as of the effective 

date of this regulation.

No revisions submitted. Language 

provided for context.

Arkansas SIP

As approved by the Arkansas Pollution Control and 

Ecology Commission on December 3, 2004, and 

submitted to EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) 

effective May 14, 2007.

Reg. 19.502 General Regulations

No person shall cause or permit the construction or 

modification of equipment which would cause or 

allow the following standards or limitations which are 

in effect as of the effective date of this regulation, to 

be exceeded:

A. Any National Ambient Air Quality Standard 

or ambient air increment (as listed in 40 CFR 

52.21).

Revisions adopted on August 22, 2014; Submitted for 

parallel processing on September 10, 2014.

Reg. 19.502 General Regulations

No person shall cause or permit the construction or 

modification of equipment which would cause or 

allow the following standards or limitations which are 

in effect as of the effective date of this regulation, to 

be exceeded:

A. Any National Ambient Air Quality Standard 

as defined herein; or ambient air increment 

(as listed in 40 CFR 52.21).

B. Any ambient air increment pursuant to 

Chapter 9 of this Regulation;

Revisions submitted are non-substantive 

formatting corrections. The revised 

language clarifies that a PSD increment 

shall not be violated in the permitting 

process. Revisions are approvable.
37

Table 5 – Revisions to Regulation 19, Chapter 5 – General Limitations Applicable to Equipment EPA’s Evaluation

B. Any applicable emission limitation 

promulgated by the United States 

Environmental Protection Agency. 

C. Any applicable emission limitation 

promulgated by the Department in this 

regulation.

C. Any applicable emission limitation 

promulgated by the United States 

Environmental Protection Agency: or, .

D. Any applicable emission limitation 

promulgated by the Department in this 

regulation.

Arkansas SIP

As approved by the Arkansas Pollution Control and 

Ecology Commission on December 3, 2004, and 

submitted to EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) 

effective May 14, 2007.

Reg. 19.503 Visible emission regulations

A. No person shall cause or permit visible emissions 

(other than uncombined water vapor) from 

equipment identified hereinunder and which was 

installed and in operation, or for which a permit 

had been issued by the Department prior to 

January 30, 1972 to exceed the following 

limitations:

(1) Emissions shall not exceed 40% opacity, 

except that emissions greater than 40% 

opacity will be allowed for not more than six 

(6) minutes in the aggregate in any 

consecutive 60-minute period, provided such 

emissions will not be permitted more than 

three (3) times during any 24-hour period. 

B. No person shall cause or permit visible emissions 

(other than uncombined water vapor) from new 

equipment identified hereinunder which was 

installed or permitted by the Department after 

January 30, 1972 to exceed the following 

limitations or to exceed any applicable visible 

emission limitations of the New Source 

Performance Standards promulgated by the United 

States Environmental Protection Agency:

(1) For incinerators and fuel burning equipment, 

exclusively, emissions shall not exceed 20% 

opacity except that emissions greater than 

Revisions effective January 25, 2009; Submitted July 

26, 2010.

Reg. 19.503 Visible E[e]mission R[r]egulations 

(A) No person shall cause or permit visible emissions 

(other than uncombined water vapor) from 

equipment identified hereinunder and which was 

installed and in operation, or for which a permit 

had been issued by the Department prior to 

January 30, 1972 to exceed the following 

limitations:

(1) Emissions shall not exceed 40% opacity, 

except that emissions greater than 40% 

opacity will be allowed for not more than six 

(6) minutes in the aggregate in any 

consecutive 60-minute period, provided such 

emissions will not be permitted more than 

three (3) times during any 24-hour period.

(B) No person shall cause or permit visible emissions 

(other than uncombined water vapor) from new 

equipment identified hereinunder which was 

installed or permitted by the Department after 

January 30, 1972 to exceed the following 

limitations or to exceed any applicable visible 

emission limitations of the New Source 

Performance Standards promulgated by the EPA

[United States Environmental Protection 

Agency]:

(1) For incinerators and fuel burning equipment, 

exclusively, emissions shall not exceed 20% 

opacity except that emissions greater than 

20% opacity but not exceeding 60% opacity 

will be allowed for not more than six (6) 

minutes in the aggregate in any consecutive 

Revisions submitted are non-substantive 

formatting corrections. Revisions are 

approvable.
38

Table 5 – Revisions to Regulation 19, Chapter 5 – General Limitations Applicable to Equipment EPA’s Evaluation

20% opacity but not exceeding 60% opacity 

will be allowed for not more than six (6) 

minutes in the aggregate in any consecutive 

60-minute period, provided such emissions 

will not be permitted more than three (3) 

times during any 24-hour period.

(2) For equipment used in a manufacturing 

process, emissions shall not exceed 20%.

C. Opacity of visible emissions shall be determined 

using EPA Method 9 (40 CFR Part 60, Appendix 

A).

60-minute period, provided such emissions 

will not be permitted more than three (3) 

times during any 24-hour period.

(2) For equipment used in a manufacturing 

process, emissions shall not exceed 20%.

(C) Opacity of visible emissions shall be determined 

using EPA Method 9 (40 CFR Part 60, Appendix 

A).

Reg. 19.504 Stack height/dispersion regulations

The stack height provisions of 40 CFR 5 1.11 8 are 

incorporated by reference. The definition of "stack," "a 

stack in existence," "dispersion technique," "good 

engineering practice," "nearby," and "excessive 

concentration" contained in 40 CFR 5 1.100 (ff) 

through (kk) are incorporated into this chapter by 

reference.

Revisions effective January 25, 2009; Submitted July 

26, 2010.

Reg. 19.504 Stack H[h]eight/D[d]ispersion 

R[r]egulations

The stack height provisions of 40 CFR 5 1.118 are 

incorporated by reference. The definition of "stack," "a 

stack in existence," "dispersion technique," "good 

engineering practice," "nearby," and "excessive 

concentration" contained in 40 CFR 5 1.100 (ff) 

through (kk) are incorporated into this chapter by 

reference as of September 12, 1986.

Revisions submitted are non-substantive 

formatting corrections. Revisions are 

approvable.

Submitted revision establishes an 

incorporation by reference date, which is 

approvable. However EPA notes that it is 

ADEQ’s responsibility to monitor federal 

regulations and promulgate revisions to 

update the IBR date as applicable.

Arkansas SIP

As approved by the Arkansas Pollution Control and 

Ecology Commission on December 3, 2004, and 

submitted to EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) 

effective May 14, 2007.

Reg. 19.505 Revised emissions limitation

The emissions limitations contained within the Plan 

and applicable permits are for the purpose of assuring 

the attainment and maintenance of the National 

Ambient Air Quality Standards and have been 

established within the framework of information 

presently available to the Department. As additional 

and more precise information becomes available, the 

emission limitations and reporting procedures of this 

chapter may be amended as described below:

Revisions effective January 25, 2009; Submitted July 

26, 2010.

Reg. 19.505 Revised E[e]missions L[l]imitation

The emissions limitations contained within the Plan 

and applicable permits are for the purpose of assuring 

the attainment and maintenance of the NAAQS

[National Ambient Air Quality Standards] and have 

been established within the framework of information 

presently available to the Department. As additional 

and more precise information becomes available, the 

emission limitations and reporting procedures of this 

chapter may be amended as described below:

(A) More restrictive limitations to protect the 

NAAQS. In accordance with the provisions of the 

federal Clean Air Act, as amended, and the 

federal regulations promulgated pursuant to the 

Revisions submitted are non-substantive 

formatting corrections. Revisions are 

approvable.
39

Table 5 – Revisions to Regulation 19, Chapter 5 – General Limitations Applicable to Equipment EPA’s Evaluation

(A) More restrictive limitations to protect the 

NAAQS. In accordance with the provisions of the 

federal Clean Air Act, as amended, and the federal 

regulations promulgated pursuant to the Clean Air 

Act, as amended, the emission limitations and 

reporting procedures of this chapter or any 

applicable permits may be further amended and 

made more restrictive where the Director finds 

more restrictive measures are necessary to assure 

maintenance of the NAAQS.

(B) Less restrictive limitations. Any person subject to 

the emission limitations contained in this Plan or 

in a permit may petition the Director for a less 

stringent limitation on the grounds that the 

existing limitation cannot be met when 

considering physical, economical, or technological 

constraints. In no case shall the Director approve a 

less stringent limitation if it would cause a 

violation of the NAAQS. The Director shall not 

approve a less stringent limitation if it violates a 

federal emission standard or regulation, unless 

approved according to applicable federal 

regulations.

The Director shall take into account the following 

factors when making such determinations: 

(1) The process, fuels, and raw materials 

available and to be employed in the facility 

involved;

(2) The engineering aspects of the application of 

various types of control techniques which 

have been adequately demonstrated;

(3) Process and fuel changes;

(4) The respective costs of the application of all 

such control techniques, process changes, 

alternative fuels, etc.; and

(5) Locational and siting considerations.

(C) In any enforcement proceeding, the permittee 

seeking to establish the occurrence of an 

emergency has the burden of proof.

Clean Air Act, as amended, the emission 

limitations and reporting procedures of this 

chapter or any applicable permits may be further 

amended and made more restrictive where the 

Director finds more restrictive measures are 

necessary to assure maintenance of the NAAQS.

(B) Less restrictive limitations. Any person subject to 

the emission limitations contained in this Plan or 

in a permit may petition the Director for a less 

stringent limitation on the grounds that the 

existing limitation cannot be met when 

considering physical, economical, or 

technological constraints. In no case shall the 

Director approve a less stringent limitation if it 

would cause a violation of the NAAQS. The 

Director shall not approve a less stringent 

limitation if it violates a federal emission standard 

or regulation, unless approved according to 

applicable federal regulations.

The Director shall take into account the following 

factors when making such determinations:

(1) The process, fuels, and raw materials 

available and to be employed in the facility

involved;

(2) The engineering aspects of the application of 

various types of control techniques which 

have been adequately demonstrated;

(3) Process and fuel changes;

(4) The respective costs of the application of all 

such control techniques, process changes, 

alternative fuels, etc.; and

(5) Locational and siting considerations.

(C) In any enforcement proceeding, the permittee 

seeking to establish the occurrence of an

emergency has the burden of proof.

(D) This provision is in addition to any emergency or 

upset provision contained in any applicable 

requirement.
40

Table 5 – Revisions to Regulation 19, Chapter 5 – General Limitations Applicable to Equipment EPA’s Evaluation

(D) This provision is in addition to any emergency or 

upset provision contained in any applicable 

requirement.

The analysis presented above in Table5 demonstrates that the revisions to Arkansas Regulation 19, Chapter 5 submitted on July 26 

2010, and September 10, 2014, are approvable.
5. Evaluation of Regulation 19, Chapter 6 – Upset and Emergency Conditions.

Background of Regulation 19, Chapter 6 – Upset and Emergency Conditions.

 The Arkansas SIP includes Regulation 19, Chapter 6, as adopted by the ADEQ on December 3, 2004, submitted to EPA on 

February 3, 2005. EPA approved this provision on April 12, 2007, see 72 FR 18394.

 ADEQ has submitted two revisions to the Arkansas SIP Upset and Emergency Conditions Provisions.

o Revisions effective January 25, 2009; submitted on July 26, 2010.

The following table includes EPA’s evaluation of the revisions to Regulation 19, Chapter 6. 

Table 6 – Revisions to Regulation 19, Chapter 6 – Upset and Emergency Conditions EPA’s Evaluation

Arkansas SIP

As approved by the Arkansas Pollution Control and 

Ecology Commission on December 3, 2004, and 

submitted to EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) 

effective May 14, 2007.

Reg. 19.601 Upset conditions

For purposes of this paragraph, "upset condition" shall 

be defined as exceedences of applicable emission 

limitations lasting 30 or more minutes, in the aggregate, 

during a 24-hour period, unless otherwise specified in 

an applicable permit or regulation (such as NSPS 

regulations). All upset conditions, resulting in violation 

of an applicable permit or regulation, shall be reported 

to the Department. Any source exceeding an emission 

limit established by the Plan or applicable permit shall 

be deemed in violation of said Plan or permit and shall 

be subject to enforcement action. The Department may 

forego enforcement action for federally regulated air 

pollutant emissions given that the person responsible 

for the source of the excess emissions does the 

following:

A. Demonstrates to the satisfaction of the Department 

that the emissions resulted from:

Revisions effective January 25, 2009; Submitted July 

26, 2010.

Reg. 19.601 Upset C[c]onditions

For purposes of this paragraph, "upset condition" shall 

be defined as exceedences of applicable emission 

limitations lasting 30 or more minutes, in the aggregate, 

during a 24-hour period, unless otherwise specified in 

an applicable permit or regulation (such as New Source 

Performance Standards [NSPS] regulations). All upset 

conditions, resulting in violation of an applicable permit 

or regulation, shall be reported to the Department. Any 

source exceeding an emission limit established by the 

Plan or applicable permit shall be deemed in violation 

of said Plan or permit and shall be subject to 

enforcement action. The Department may forego 

enforcement action for federally regulated air pollutant 

emissions given that the person responsible for the 

source of the excess emissions does the following:

A. Demonstrates to the satisfaction of the Department 

that the emissions resulted from:

1. equipment malfunction or upset and are not the 

result of negligence or improper maintenance; 

or

2. physical constraints on the ability of a source to 

comply with the emission standard, limitation 

Revisions submitted are non-substantive 

formatting corrections. Revisions are 

approvable.
42

Table 6 – Revisions to Regulation 19, Chapter 6 – Upset and Emergency Conditions EPA’s Evaluation

1. equipment malfunction or upset and are not the 

result of negligence or improper maintenance; 

or

2. physical constraints on the ability of a source 

to comply with the emission standard, 

limitation or rate during startup or shutdown; 

And that all reasonable measures have been 

taken to immediately minimize or eliminate the 

excess emissions.

B. Reports such occurrence or upset or breakdown of 

equipment to the Department by the end of the next 

business day after the discovery of the occurrence.

C. Submits to the Department, at its request, a full 

report of such occurrence, including the 

identification of and location of the process and 

control equipment involved in the upset and 

including a statement of all known causes and the 

scheduling and nature of the actions to be taken to 

eliminate future occurrences or to minimize the 

amount by which said limits are exceeded and to 

reduce the length of time for which said limits are 

exceeded.

or rate during startup or shutdown; And that all 

reasonable measures have been taken to 

immediately minimize or eliminate the excess 

emissions.

B. Reports such occurrence or upset or breakdown of 

equipment to the Department by the end of the 

next business day after the discovery of the 

occurrence.

C. Submits to the Department, at its request, a full 

report of such occurrence, including the 

identification of and location of the process and 

control equipment involved in the upset and 

including a statement of all known causes and the 

scheduling and nature of the actions to be taken to 

eliminate future occurrences or to minimize the 

amount by which said limits are exceeded and to 

reduce the length of time for which said limits are 

exceeded.

Arkansas SIP

As approved by the Arkansas Pollution Control and 

Ecology Commission on December 3, 2004, and 

submitted to EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) 

effective May 14, 2007.

Reg. 19.602 Emergency conditions

An "emergency" means any situation arising from the 

sudden and reasonably unforeseeable events beyond the 

control of the source, including natural disasters, which 

situation requires immediate corrective action to restore 

normal operation, and that causes the source to exceed a 

technology-based emission limitation under the permit, 

due to unavoidable increases in emissions attributable 

to the upset condition. An emergency shall not include 

noncompliance to the extent caused by improperly 

Revisions effective January 25, 2009; Submitted July 

26, 2010.

Reg. 19.602 Emergency C[c]onditions

An "emergency" means any situation arising from the 

sudden and reasonably unforeseeable events beyond the 

control of the source, including natural disasters, which 

situation requires immediate corrective action to restore 

normal operation, and that causes the source to exceed a 

technology-based emission limitation under the permit, 

due to unavoidable increases in emissions attributable 

to the upset condition. An emergency shall not include 

noncompliance to the extent caused by improperly 

designed equipment, lack of preventive maintenance, 

careless or improper operation, or operator error.

A. An emergency constitutes a complete affirmative 

defense to an action brought for noncompliance 

with such technology-based limitations if the 

Revisions submitted are non-substantive 

formatting corrections. Revisions are 

approvable.
43

Table 6 – Revisions to Regulation 19, Chapter 6 – Upset and Emergency Conditions EPA’s Evaluation

designed equipment, lack of preventive maintenance, 

careless or improper operation, or operator error.

A. An emergency constitutes a complete affirmative 

defense to an action brought for noncompliance 

with such technology-based limitations if the 

following conditions are met. The affirmative 

defense of emergency shall demonstrate through 

properly signed contemporaneous operating logs, or 

such other relevant evidence that: 

1. An emergency occurred and that the permittee 

can identify the cause(s) of the emergency;

2. The permitted facility was at the time being 

properly operated;

3. During the period of the emergency, the 

permittee took all reasonable steps to minimize 

levels of emissions that exceeded the emission 

standards, or other requirements in the permit; 

and

4. The permittee submitted notice of the upset to 

the Department by the end of the next business 

day after the emergency. This notice must 

contain a description of the emergency, any 

steps taken to mitigate emissions, and 

corrective actions taken.

B. [RESERVED]

following conditions are met. The affirmative 

defense of emergency shall demonstrate through 

properly signed contemporaneous operating logs, 

or such other relevant evidence that: 

1. An emergency occurred and that the permittee 

can identify the cause(s) of the emergency;

2. The permitted facility was at the time being 

properly operated;

3. During the period of the emergency, the 

permittee took all reasonable steps to minimize 

levels of emissions that exceeded the emission 

standards, or other requirements in the permit; 

and

4. The permittee submitted notice of the upset to 

the Department by the end of the next business 

day after the emergency. This notice must 

contain a description of the emergency, any 

steps taken to mitigate emissions, and 

corrective actions taken.

B. [RESERVED]

The analysis presented above in Table 6 demonstrates that the revisions to Arkansas Regulation 19, Chapter 6 submitted on July 26 

2010, are approvable.
6. Evaluation of Regulation 19, Chapter 7 – Sampling, Monitoring, and Reporting Requirements.

Background of Regulation 19, Chapter 7 – Sampling, Monitoring, and Reporting Requirements.

 The Arkansas SIP includes Regulation 19, Chapter 7, as adopted by the ADEQ on December 3, 2004, submitted to EPA on 

February 3, 2005. EPA approved this provision on April 12, 2007, see 72 FR 18394.

 ADEQ has submitted one revisions to the Arkansas SIP Sampling, Monitoring, and Reporting Requirement Provisions.

o Revisions effective January 25, 2009; submitted on July 26, 2010.

The following table includes EPA’s evaluation of the revisions to Regulation 19, Chapter 7. 

Table 7 – Revisions to Regulation 19, Chapter 7 – Sampling, Monitoring, and Reporting Requirements EPA’s Evaluation

Arkansas SIP

As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, and submitted to 

EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) effective May 14, 2007.

Reg. 19.701 Purpose

The purpose of this chapter is to generally define the powers of the Department in requiring sampling, monitoring, 

and reporting requirements at stationary sources. The Department shall enforce all properly incorporated and 

delegated federal testing requirements at a minimum. Any credible evidence based on sampling, monitoring, and 

reporting may be used to determine violations of applicable emission limitations.

No changes to SIP approved version. 

Language provided for context.

Arkansas SIP

As approved by the Arkansas Pollution Control and 

Ecology Commission on December 3, 2004, and 

submitted to EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) 

effective May 14, 2007.

Reg.19.702 Air Emissions Sampling

Any stationary source subject to this regulation shall be 

subject to the following requirements:

A. Sampling Ports

To provide any sampling ports, at the request of the 

Department, required for federally regulated air 

pollutant emissions sampling, including safe and easy 

access to such ports.

B. Sampling

To conduct federally regulated air pollutant emissions 

sampling, at the request of the Department, to 

determine the rate, opacity, composition, and/or 

Revisions effective January 25, 2009; Submitted July 

26, 2010.

Reg.19.702 Air Emissions Sampling

Any stationary source subject to this regulation shall be 

subject to the following requirements:

A. Sampling Ports

To provide any sampling ports, at the request of 

the Department, required for federally regulated air 

pollutant emissions sampling, including safe and 

easy access to such ports.

B. Sampling

To conduct federally regulated air pollutant 

emissions sampling, at the request of the 

Department, to determine the rate, opacity, 

composition, and/or contaminant concentration of 

the emissions. All compliance testing shall be done 

at the expense of the permittee by an independent 

firm, unless otherwise approved by the 

Submitted revision establishes an 

incorporation by reference date, which is 

approvable. However EPA notes that it 

is ADEQ’s responsibility to monitor 

federal regulations and promulgate 

revisions to update the IBR date as 

applicable.
45

Table 7 – Revisions to Regulation 19, Chapter 7 – Sampling, Monitoring, and Reporting Requirements EPA’s Evaluation

contaminant concentration of the emissions. All 

compliance testing shall be done at the expense of the 

permittee by an independent firm, unless otherwise 

approved by the Department. Sampling shall not be 

required for those pollutants with continuous emissions 

monitors.

C. Averaging Times

All compliance testing averaging times shall be 

consistent with the averaging times of the applicable 

federally regulated air pollutant emissions limitations 

stated in the applicable permit, which in no case shall 

be greater than the minimum averaging times of the 

applicable NAAQS.

D. Process Rates

Unless otherwise approved by the Department, all 

federally regulated air pollutant emissions sampling 

shall be performed with the equipment being tested 

operating at least at 90% of its permitted capacity. 

Emissions results shall be extrapolated to correlate with 

100% of permitted capacity to determine compliance.

E. Testing Time Frames

Any equipment that is to be tested, at the request of the

Department, shall be tested in accordance with the 

following time frames:

1. Equipment to be constructed or modified shall 

be tested within 60 days after achieving its 

maximum permitted production rate, but no 

later than 180 days after its initial start-up;

2. Equipment already operating shall be tested 

according to the time frames set forth by the 

Department. The Department shall require 

that all applicable testing be performed using 

the methods described in 40 CFR Part 60, 

Appendix A. The Department, with the

concurrence of the EPA, may approve, at its 

discretion, alternate sampling methods that are 

equivalent to the specified methods. The 

results of such tests shall be submitted to the 

Department within the time frames and on 

Department. Sampling shall not be required for 

those pollutants with continuous emissions 

monitors.

C. Averaging Times

All compliance testing averaging times shall be 

consistent with the averaging times of the applicable 

federally regulated air pollutant emissions limitations 

stated in the applicable permit, which in no case shall 

be greater than the minimum averaging times of the 

applicable NAAQS.

D. Process Rates

Unless otherwise approved by the Department, all 

federally regulated air pollutant emissions sampling 

shall be performed with the equipment being tested 

operating at least at 90% of its permitted capacity. 

Emissions results shall be extrapolated to correlate with 

100% of permitted capacity to determine compliance.

E. Testing Time Frames

Any equipment that is to be tested, at the request of the 

Department, shall be tested in accordance with the 

following time frames:

1. Equipment to be constructed or modified shall 

be tested within 60 days after achieving its 

maximum permitted production rate, but no 

later than 180 days after its initial start-up;

2. Equipment already operating shall be tested 

according to the time frames set forth by the 

Department. The Department shall require 

that all applicable testing be performed using 

the methods described in 40 CFR Part 60, 

Appendix A as of August 30, 1992. The 

Department, with the concurrence of the EPA, 

may approve, at its discretion, alternate 

sampling methods that are equivalent to the 

specified methods. The results of such tests 

shall be submitted to the Department within 

the time frames and on such forms as required 

by the Department and federal regulations. The 

owner or operator of the equipment shall retain 
46

Table 7 – Revisions to Regulation 19, Chapter 7 – Sampling, Monitoring, and Reporting Requirements EPA’s Evaluation

such forms as required by the Department and 

federal regulations. The owner or operator of 

the equipment shall retain the results of such 

tests for at least 5 years, and shall make the 

results available to any agents of the 

Department or the EPA during regular 

business hours.

the results of such tests for at least 5 years, and 

shall make the results available to any agents 

of the Department or the EPA during regular 

business hours.

Arkansas SIP

As approved by the Arkansas Pollution Control and 

Ecology Commission on December 3, 2004, and 

submitted to EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) 

effective May 14, 2007.

Reg. 19.703 Continuous Emissions Monitoring

Any stationary source subject to this regulation shall, as 

required by federal law and upon request of the 

Department:

A. Install, calibrate, operate, and maintain equipment 

to continuously monitor or determine federally 

regulated air pollutant emissions in accordance with 

applicable performance specifications in 40 CPR 

Part 60 Appendix B, and quality assurance 

procedures in 40 CFR Part 60 Appendix F, and 

other methods and conditions that the Department, 

with the concurrence of the EPA, shall prescribe. 

Any source listed in a category in 40 CFR Part 51 

Appendix P or in 40 CFR Part 60 shall adhere to all 

continuous emissions monitoring or alternative 

continuous emission monitoring requirements 

stated therein, if applicable.

B. Report the data collected by the monitoring 

equipment to the Department at such intervals and 

on such forms as the Department shall prescribe, in 

accordance with 40 CFR Part 51, Appendix P, 

Section 4.0 (Minimum Data Requirements) and any 

other applicable reporting requirements 

promulgated by the EPA.

Revisions effective January 25, 2009; Submitted July 

26, 2010.

Reg. 19.703 Continuous Emissions Monitoring

Any stationary source subject to this regulation shall, as 

required by federal law and upon request of the 

Department:

A. Install, calibrate, operate, and maintain equipment 

to continuously monitor or determine federally 

regulated air pollutant emissions in accordance 

with applicable performance specifications in 40 

CPR Part 60 Appendix B as of August 30, 1992, 

and quality assurance procedures in 40 CFR Part 

60 Appendix F as of August 30, 1992, and other 

methods and conditions that the Department, with 

the concurrence of the EPA, shall prescribe. Any 

source listed in a category in 40 CFR Part 51 

Appendix P as of August 30, 1992 or in 40 CFR 

Part 60 as of August 30, 1992 shall adhere to all 

continuous emissions monitoring or alternative 

continuous emission monitoring requirements 

stated therein, if applicable.

B. Report the data collected by the monitoring 

equipment to the Department at such intervals and 

on such forms as the Department shall prescribe, in 

accordance with 40 CFR Part 51, Appendix P as of 

August 30, 1992, Section 4.0 (Minimum Data 

Requirements) and any other applicable reporting 

requirements promulgated by the EPA.

Submitted revision establishes an 

incorporation by reference date, which is 

approvable. However EPA notes that it 

is ADEQ’s responsibility to monitor 

federal regulations and promulgate 

revisions to update the IBR date as 

applicable.

Arkansas SIP No changes to SIP approved version. 

Language provided for context.
47

Table 7 – Revisions to Regulation 19, Chapter 7 – Sampling, Monitoring, and Reporting Requirements EPA’s Evaluation

As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, and submitted to 

EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) effective May 14, 2007.

Reg. 19.704 Notice of Completion

For equipment for which a new permit or major permit modification is required, the Department shall be notified 

in writing within 30 days of the following events;

A. The date of commencement of construction or modification; and

B. The date of commencement of operation of the equipment.

Arkansas SIP

As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, and submitted to 

EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) effective May 14, 2007.

Reg. 19.705 Record Keeping and Reporting Requirements

Any stationary source subject to this regulation shall, upon request by the Department:

A. Maintain records on the nature and amounts of federally regulated air pollutants emitted to the air by the 

equipment in question. All records, including compliance status reports and excess emissions measurements 

shall be retained for at least five (5) years, and shall be made available to any agent of the Department or EPA 

during regular business hours.

B. Supply the following information, correlated in units of the applicable emissions limitations. to the 

Department:

1. General process information related to the emissions of federally regulated air pollutants into the air.

2. Emissions data obtained through sampling or continuous emissions monitoring.

C. Information and data shall be submitted to the Department by a responsible official on such forms and at such 

time intervals as prescribed by applicable federal regulations or the Department. Reporting periods shall be a 

12 month period.

D. Each emission inventory is to be accompanied by a certifying statement, signed by the owner(s) or operator(s) 

and attesting that the information contained in the inventory is true and accurate to the best knowledge of the 

certifying official. The certification shall include the full name, title, signature, date of signature, and 

telephone number of the certifying official.

No changes to SIP approved version. 

Language provided for context.

Arkansas SIP

As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, and submitted to 

EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) effective May 14, 2007.

Reg. 19.706 Public Availability of Emissions Data

Emissions data obtained by the Department shall be correlated in units of applicable emissions limitations and be 

made available to the public at the Department's central offices during normal business hours.

No changes to SIP approved version. 

Language provided for context.
48

The analysis presented above in Table 7 demonstrates that the revisions to Arkansas Regulation 19, Chapter 7 submitted on July 26 

2010, are approvable.
7. Evaluation of Regulation 19, Chapter 9 – Prevention of Significant Deterioration.

Background of Regulation 19, Chapter 9 – Prevention of Significant Deterioration.

 The Arkansas SIP includes Regulation 19, Chapter 7, as adopted by the ADEQ on December 3, 2004, submitted to EPA on 

February 3, 2005. EPA approved this provision on April 12, 2007, see 72 FR 18394.

 ADEQ has submitted two revisions to the Arkansas PSD Program.

o Revisions effective July 27, 2013; submitted on January 7, 2014; and

o Revisions adopted August 22, 2014; submitted on September 10, 2014

The following table includes EPA’s evaluation of the revisions to Regulation 19, Chapter 9. 

Table 8: Evaluation of Revisions to Regulation 19, Chapter 9 EPA’s Evaluation

Arkansas SIP

As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, and submitted 

to EPA February 3, 2005.

Approved by EPA April 12, 2007, effective May 14, 2007 

Regulation 19.901 Title

The following rules and regulations of the Arkansas Pollution Control and Ecology Commission, adopted in 

accordance with the provisions of Part II of the Arkansas Water and Air Pollution Control Act at A.C.A §§8-4-

101 et seq., shall be known as the Prevention of Significant Deterioration Regulations of the Arkansas Plan of 

Implementation for Air Pollution Control, hereinafter referred to, respectively, as the "PSD Regulations."

No change submitted to the SIP approved 

PSD permitting program. Language 

provided for context.

Arkansas SIP

As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, and submitted 

to EPA February 3, 2005.

Approved by EPA April 12, 2007, effective May 14, 2007 

Regulation 19.902 Purposes

Promulgation and enforcement of these PSD Regulations is intended to further the purposes of the Plan and the 

Regulations of the Plan, including, but not limited to, acceptance of delegation by the EPA of authority for 

enforcement of regulations governing the prevention of significant deterioration of air quality and regulations 

governing the protection of visibility in mandatory Class I federal areas.

No change submitted to the SIP approved 

PSD permitting program. Language 

provided for context.

Arkansas SIP

As approved by the Arkansas Pollution 

Control and Ecology Commission on 

December 3, 2004, and submitted to 

EPA February 3, 2005.

Revisions adopted August 22, 2014; Submitted September 10, 2014.

Regulation 19.903 Definitions

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

written communication which establishes the applicant's 

intention to construct, and which provides the Department with 

 Definition of “advance notification” at 

Regulation 19.903(A) is not changed 

from the SIP approved version.
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Table 8: Evaluation of Revisions to Regulation 19, Chapter 9 EPA’s Evaluation

Approved by EPA April 12, 2007, 

effective May 14, 2007 

Regulation 19.903 Definitions

A. “Advance notification” (of a permit 

application) means any written 

communication which establishes 

the applicant's intention to 

construct, and which provides the 

Department with sufficient 

information to determine that the 

proposed source may constitute a 

major new source or major 

modification, and that such source 

may affect any mandatory Class I 

federal area, including, but not 

limited to, submittal of a draft or 

partial permit application, a PSD 

monitoring plan, or a sufficiently 

detailed letter. "Advance 

notification" does not include 

general inquiries about the 

Department's regulations.

B. All other terms used herein shall 

have the same meaning as set forth 

in Chapter 2 of Regulation 19 or in 

40 CFR 52.21(b) [PSD] and 40 

CFR 51.301 [Protection of 

Visibility], as of November 29, 

20005, all as in effect upon the 

latest date of amendment of this 

supplement, unless manifestly 

inconsistent with the context in 

which they are used. Wherever 

there is a difference between the 

definitions in Chapter 2 of 

Regulation 19 and those listed in 40 

CFR 52.21(b) and 40 CFR 51.301, 

the federal definitions as listed in 

40 CFR 52.21(b) and 40 CFR 

sufficient information to determine that the proposed source 

may constitute a major new source or major modification, and 

that such source may affect any mandatory Class I federal area, 

including, but not limited to, submittal of a draft or partial 

permit application, a PSD monitoring plan, or a sufficiently 

detailed letter. "Advance notification" does not include general 

inquiries about the Department's regulations.

B. “Regulated NSR Pollutant,” for purposes of this chapter means 

the following:

1) Any pollutant for which a national ambient air quality 

standard has been adopted under Chapter 2 of this 

Regulation and any pollutant identified under this 

paragraph (B)(1) as a constituent or precursor for such 

pollutant. Precursors identified by the Department for 

purposes of NSR are the following:

a) Volatile organic compounds and nitrogen oxides are 

precursors to ozone in all attainment and 

unclassifiable areas.

b) Sulfur dioxide is a precursor to PM2.5 in all attainment 

and unclassifiable areas.

c) Nitrogen oxides are presumed to be precursors to 

PM2.5 in all attainment and unclassifiable areas, unless 

Arkansas demonstrates to the Administrator’s 

satisfaction or EPA demonstrates that emissions of 

nitrogen oxides from sources in a specific area are not 

a significant contributor to that area’s ambient PM2.5

concentrations.

d) Volatile organic compounds are presumed not to be 

precursors to PM2.5 in any attainment or unclassifiable 

area, unless Arkansas demonstrates to the 

Administrator’s satisfaction or EPA demonstrates that 

emissions of volatile organic compounds from sources 

in a specific area are a significant contributor to that 

area’s ambient PM2.5 concentrations.

2) Any pollutant that is subject to any standard promulgated 

under Section 111 of the Act as of July 27, 2012;

3) Any Class I or II substance subject to a standard 

promulgated under or established by Title VI of the Act;

 New definition “Regulated NSR 

Pollutant” at Regulation 19.903(B) is 

evaluated as follows.

o Regulation 19.903(B)(1) is the 

same as 40 CFR 

52.21(b)(50)(i)(b)(1) –

(b)(50)(i)(b)(4).

o Regulation 19.903(B)(2) is the 

same as 40 CFR 52.21(b)(50)(ii). 

Note that ADEQ has included an 

IBR date of July 27, 2012. The 

ADEQ must be responsible for 

updating this provision accordingly.

o Regulation 19.903(B)(3) is the 

same as 40 CFR 52.21(b)(50)(iii).

o Regulation 19.903(B)(4) is the 

same as 40 CFR 52.21(b)(50)(iv). 

The ADEQ defines “subject to 

regulation” at Regulation 

19.903(C), which EPA finds is 

approvable.

o Regulation 19.903(B)(5) is the 

same as 40 CFR 52.21(b)(50)(v). 

The ADEQ has included an IBR 

date of July 27, 2012. It is the 

ADEQ’s responsibility to monitor 

EPA’s regulations and update this 

provision accordingly to maintain 

consistency with federal 

requirements.

o Regulation 19.903(B)(6) is 

consistent with 40 CFR 

52.21(b)(50)(i). Note that the 

ADEQ regulation has an effective 

date of September 28, 2012, as 

opposed to January 1, 2011. This 

difference in the date change is 

approvable because the ADEQ rule 

meets the intent of federal 
51

Table 8: Evaluation of Revisions to Regulation 19, Chapter 9 EPA’s Evaluation

51.301 as of November 29, 2005, 

shall apply.

C. The definition for “routine 

maintenance, repair and 

replacement” in 40 CFR 

52.21(b)(2)(iii)(a) is not 

incorporated.

4) Any pollutant that otherwise is subject to regulation under 

the Act;

5) Notwithstanding paragraphs (B)(1) through (4) of this 

section, the term regulated NSR pollutant shall not include 

any or all hazardous air pollutants either listed in Section 

112 of the Act, or added to the list pursuant to Section 

112(b)(2) of the Act, and which have not been delisted 

pursuant to Section 112(b)(3) of the Act, unless the listed 

hazardous air pollutant is also regulated as a constituent or 

precursor of a general pollutant listed under Section 108 of 

the Act as of July 27, 2012; and

6) PM2.5 and PM10 emissions shall include gaseous emissions 

from a source or activity, which condense to form 

particulate matter at ambient temperatures. As of the 

effective date of the rulemaking action initiated by the 

Commission on September 28, 2012, such condensable 

particulate matter shall be accounted for in applicability 

determinations and in establishing emissions limitations 

for PM2.5 and PM10 in PSD permits. Compliance with 

emissions limitations for PM2.5 and PM10 issued prior to 

this date shall not be based on condensable particulate 

matter unless required by the terms and conditions of the 

permit or the applicable implementation plan. 

Applicability determinations made prior to this date 

without accounting for condensable particulate matter shall 

not be considered in violation of this chapter.

C. For the purpose of this chapter, “subject to regulation” means, 

for any air pollutant, that the pollutant is subject to either a 

provision of the federal Clean Air Act, or a nationally 

applicable regulation codified by the Administrator pursuant to 

40 CFR, Chapter 1, Subchapter C and adopted herein, that 

requires actual control of the quantity of emissions of that 

pollutant and that such a control requirement has taken effect 

and is operative to control, limit, or restrict the quantity of 

emissions of that pollutant released from the regulated activity.

D. All other terms used herein shall have the same meaning as set 

forth in Chapter 2 of Regulation 19 or in 40 CFR § 52.21(b) 

[PSD] and 40 CFR § 51.301 [Protection of Visibility], as of 

October 20, 2010, and adopted in Reg. 19.904, November 29, 

requirements which is to regulate 

condensable emissions of PM.25 

and PM10 moving forward.

 New Regulation 19.903(C) defines 

“subject to regulation” as consistent 

with the definition of “subject to 

regulation” at 40 CFR 52.21(b)(49). 

o Note that ADEQ has separately 

codified GHG requirements at 

Regulation 19.904(G), and EPA has 

SIP-approved.

 Revisions to Regulation 19.903(D) 

revise the IBR of the remainder of the 

PSD terms.

 The revisions to the SIP-approved 

revisions at regulation 19.903(C) are 

non-substantive to renumber to 

provisions to Regulation 19.903(E) and 

to correct the acronym to CFR to C.F.R.
52

Table 8: Evaluation of Revisions to Regulation 19, Chapter 9 EPA’s Evaluation

20005, all as in effect upon the latest date of amendment of this 

supplement, unless manifestly inconsistent with the context in 

which they are used. Wherever there is a difference between 

the definitions in Chapter 2 of Regulation 19 and those listed in 

40 CFR § 52.21(b) and 40 CFR § 51.301, the federal 

definitions as listed in 40 CFR § 52.21(b), as adopted in Reg. 

19.904 and Reg 19.903(A), (B) and (C), and 40 CFR 51.301 as 

of October 20, 2010, November 29, 2005, shall apply.

E. The definition for “routine maintenance, repair and 

replacement” in 40 CFR § CFR 52.21(b)(2)(iii)(a) is not 

incorporated.

Arkansas SIP

As approved by the Arkansas 

Pollution Control and Ecology 

Commission on December 3, 2004, 

and submitted to EPA February 3, 

2005.

Approved by EPA April 12, 2007, 

effective May 14, 2007 

Regulation 19.904 Adoption of 

Regulations

A. Except where manifestly 

inconsistent with the 

provisions of the Clean Air 

Act, as amended, or with 

federal regulations adopted 

pursuant thereto, and as 

amended specifically herein by 

paragraphs (B), (C), (D), (E), 

and (F) of Reg. 19.904, the 

Arkansas Department of 

Environmental Quality shall 

have those responsibilities and 

that authority, with reference 

to the State of Arkansas, 

granted to the Administrator of 

the EPA under 40 CFR 52.21 

(a)(2) through (bb), as in effect 

on November 29, 2005, which 

Revisions effective July27, 2013;

submitted to EPA January 7, 2014.

Regulation 19.904 Adoption of 

Regulations

A. Except where manifestly 

inconsistent with the 

provisions of the Clean Air 

Act, as amended, or with 

federal regulations adopted 

pursuant thereto, and as 

amended specifically herein 

by paragraphs (B), (C), (D), 

(E), and (F), and (G) of Reg.

19.904, the Arkansas 

Department of Environmental 

Quality shall have those 

responsibilities and that 

authority, with reference to the 

State of Arkansas, granted to 

the Administrator of the EPA 

under 40 CFR 52.21 (a)(2) 

through (bb), as in effect on 

November 29, 2005, which are 

hereby incorporated herein by 

reference, with the exception 

of:

1. 40 C.F.R. § 52.21(aa), 

which is incorporated by 

Revisions adopted August 22, 

2014; Submitted September 10, 

2014

Regulation 19.904(A)

A. Except where manifestly 

inconsistent with the 

provisions of the Clean Air 

Act, as amended, or with 

federal regulations adopted 

pursuant thereto, and as 

amended specifically herein 

by paragraphs (B), (C), (D), 

(E), (F), and (G) of Reg. 

19.904, the Arkansas 

Department of Environmental 

Quality shall have those 

responsibilities and that 

authority, with reference to 

the State of Arkansas, granted 

to the Administrator of the 

EPA under 40 CFR § 52.21 

(a)(2) through (bb), as in 

effect on November 29, 2005, 

which are hereby incorporated 

herein by reference, with the 

exception of:

1. 40 C.F.R. § 52.21(aa), 

which is incorporated by 

EPA is severing and taking no action at this 

time on the revisions to the Arkansas PSD 

Program effective July 27, 2013 and 

submitted to EPA on January 7, 2014. These 

new provisions at Regulation 19.904(A)(1) 

pertain solely to GHG PSD PAL permitting. 

EPA is still evaluating this SIP revision in 

light of the July 23, 2014 UARG v. EPA 

decision.

Following is the analysis for the revisions to 

Regulation 19.904(A) submitted on 

September 10, 2014.

The revision submitted to Regulation 

19.904(A)(2) renumbers an existing SIPapproved provision. This change is nonsubstantive and approvable.

New Regulation 19.904(A)(2) updates the 

Arkansas PSD program to address the 

requirements of EPA’s May 16, 2008 NSR 

Implementation Rule. This update is correct. 

For more detail about the federal 

requirements see the following section in 

this TSD.
53

Table 8: Evaluation of Revisions to Regulation 19, Chapter 9 EPA’s Evaluation

are hereby incorporated herein 

by reference, with the 

exception of 40 CFR 

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

52.21(i)(9), and 40 CFR 

52.21(cc), which are not 

incorporated. In the absence of 

a specific imposition of 

responsibility or grant of 

authority, the Department shall 

be deemed to have that 

responsibility and authority 

necessary to attain the 

purposes of the Plan, these 

PSD Regulations, and the 

applicable federal regulations, 

as incorporated herein by 

reference.

reference as in effect on 

August 13, 2012, except 

for instances in the 

sections of 40 C.F.R. § 

52.21(aa) where 40 

C.F.R. § 52.21(b)(49) is 

referenced. In those 

instances, paragraph (G) 

of Reg. 19.904 shall 

apply; and

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

40 CFR 52.21(i)(9), and 

40 CFR 52.21(cc), which 

are not incorporated. 

In the absence of a specific 

imposition of responsibility or 

grant of authority, the Department 

shall be deemed to have that 

responsibility and authority 

necessary to attain the purposes of 

the Plan, these PSD Regulations, 

and the applicable federal 

regulations, as incorporated herein 

by reference.

reference as in effect on 

August 13, 2012, except 

for instances in the 

sections of 40 C.F.R. § 

52.21(aa) where 40 

C.F.R. § 52.21(b)(49) is 

referenced. In those 

instances, paragraph (G) 

of Reg. 19.904 shall 

apply; 

2. 40 CFR §§ 52.21(b)(23), 

52.21(i)(5)(ii), and 

52.21(i)(5)(iii), which are 

incorporated by reference 

as of May 16, 2008;

3. 40 CFR §§ 

52.21(b)(14)(i) [Major 

Source Baseline Date], 

52.21(b)(14)(ii) [Minor 

Source Baseline Date], 

52.21(b)(14)(iii), 

52.21(b)(15) [Baseline 

Area], 52.21(c) [Ambient 

Air Increments], 

52.21(k)(1) [Source 

Impact Analysis 

Requirements], and 

52.21(p) [Requirements 

for Sources Impacting 

Federal Class I areas], 

which are incorporated 

herein by reference as of 

October 20, 2010;

4. 40 CFR §§ 52.21(b)(49), 

52,21(b)(50), 

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

52.21(i)(9), and 40 CFR 

52.21(cc), which are not 

incorporated. 

New Regulation 19.904(A)(3) updates the 

Arkansas PSD program to IBR the 

requirements of EPA’s October 20, 2011 

PM2.5 PSD-SILs-SMC final rule. This 

update is correct and approvable. For more 

detail about the federal requirements see the 

following section in this TSD. 

As a result of this action, the Arkansas SIP 

will include Regulation 19.904(A), (A)(2), 

(A)(3), and (A)(4). We are taking no action 

at this time on the submitted revisions to 

Regulation 19.904(A)(1).
54

Table 8: Evaluation of Revisions to Regulation 19, Chapter 9 EPA’s Evaluation

In the absence of a specific 

imposition of responsibility or 

grant of authority, the Department 

shall be deemed to have that 

responsibility and authority 

necessary to attain the purposes of 

the Plan, these PSD Regulations, 

and the applicable federal 

regulations, as incorporated herein 

by reference.

Arkansas SIP

As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, and submitted 

to EPA February 3, 2005.

Approved by EPA April 12, 2007, effective May 14, 2007 

Regulation 19.904 Adoption of Regulations (cont.)...

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

29, 2005, shall be effective immediately. Submission of this Plan under the Governor's signature 

constitutes a request by the Governor for this exclusion.

No revisions submitted. Language provided 

for context.

Arkansas SIP

As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, and submitted 

to EPA February 3, 2005.

Approved by EPA April 12, 2007, effective May 14, 2007 

Regulation 19.904 Adoption of Regulations (cont.)...

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

[designated as Reg. 19.904(C)(1),(2),(3) and (4)] shall also apply:

1. Where air quality impact analyses required under this part indicate that the issuance of a permit for 

any major stationary source or for any major modification would result in the consumption of more

than fifty percent (50%) of any available annual increment or eighty percent (80%) of any short term 

increment, the person applying for such a permit shall submit to the Department an assessment of the 

following factors:

a) Effects that the proposed consumption would have upon the industrial and economic development 

within the area of the proposed source; and

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

thereof.

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

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

2005.

No revisions submitted. Language provided 

for context.
55

Table 8: Evaluation of Revisions to Regulation 19, Chapter 9 EPA’s Evaluation

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

degree of proposed increment consumption, both in terms of the percentage of increment consumed 

and the area affected.

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

source would cause an increment consumption less than that specified in said subparagraph if the 

Director finds that unusual circumstances exist in the area of the proposed source which warrant such 

an assessment. The Director shall notify the applicant in writing of those circumstances which warrant 

said assessment. The Commission may rescind or modify the Director's action, upon a showing by the 

applicant that the circumstances alleged by the Director either do not exist or do not warrant the 

aforecited assessment.

Arkansas SIP

As approved by the Arkansas Pollution 

Control and Ecology Commission on 

December 3, 2004, and submitted to 

EPA February 3, 2005.

Approved by EPA April 12, 2007, 

effective May 14, 2007 

Regulation 19.904 Adoption of 

Regulations (cont.)...

D. In addition to the requirements of 

40 CFR 52.21(p)(1) as of 

November 29, 2005, the following 

requirements shall also apply:

Impacts on mandatory Class I 

federal areas include impacts on 

visibility. The preliminary 

determination that a source may 

affect air quality or visibility in a 

mandatory Class I federal area shall 

be made by the Department, based 

on screening criteria agreed upon 

by the Department and the Federal 

Land Manager.

Revisions adopted August 22, 2014; Submitted September 10, 2014

Regulation 19.904 Adoption of Regulations (cont.)...

D. In addition to the requirements of 40 CFR 52.21(p)(1) as of 

October 20, 2010 November 29, 2005, the following 

requirements shall also apply:

Impacts on mandatory Class I federal areas include impacts on 

visibility. The preliminary determination that a source may 

affect air quality or visibility in a mandatory Class I federal 

area shall be made by the Department, based on screening 

criteria agreed upon by the Department and the Federal Land 

Manager.

The revisions to Regulation 19.904(D) 

submitted on September 10, 2014, correctly 

update the incorporation by reference date 

of the provisions at 40 CFR 52.21(p) to 

reflect current federal requirements. This 

revision is approvable.

Arkansas SIP

As approved by the Arkansas Pollution 

Control and Ecology Commission on 

December 3, 2004, and submitted to 

EPA February 3, 2005.

Revisions effective July27, 2013; submitted to EPA January 7, 

2014.

Regulation 19.904 Adoption of Regulations (cont.)...

E. In all instances wherein the aforesaid 40 CFR 51.301 and 40 

CFR 52.21 refer to the Administrator or the Environmental 

The revision submitted to Regulation 

19.904(E)(3) updates a reference to the EPA 

approved PSD air quality models at 40 CFR 

52.21(l)(2). The adopted provision now 
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Table 8: Evaluation of Revisions to Regulation 19, Chapter 9 EPA’s Evaluation

Approved by EPA April 12, 2007, 

effective May 14, 2007 

Regulation 19.904 Adoption of 

Regulations (cont.)...

E. In all instances wherein the 

aforesaid 40 CFR 51.301 and 40 

CFR 52.21 refer to the 

Administrator or the Environmental 

Protection Agency, the reference, 

for the purposes of paragraph (A) of 

Reg. 19.904, shall be deemed to 

mean the Arkansas Department of 

Environmental Quality, unless the 

context plainly dictates otherwise, 

except in the following sections:

a. Exclusion from increment 

consumption: 40 CFR 

52.21(f)(1)(v), (f)(3), and 

(f)(4)(I);

b. Redesignation: 40 CFR 

52.21(g)(1), (g)(2), (g)(4), 

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

c. Air quality models: 40 CFR 

52.21(2)

Protection Agency, the reference, for the purposes of paragraph 

(A) of Reg. 19.904, shall be deemed to mean the Arkansas 

Department of Environmental Quality, unless the context 

plainly dictates otherwise, except in the following sections:

1. Exclusion from increment consumption: 40 CFR 

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

2. Redesignation: 40 CFR 52.21(g)(1), (g)(2), (g)(4), (g)(5), 

and (g)(6);

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

correctly references the federal 

requirements. This revision is approvable.

Arkansas SIP

As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, and submitted 

to EPA February 3, 2005.

Approved by EPA April 12, 2007, effective May 14, 2007 

Regulation 19.904 Adoption of Regulations (cont.)...

Redesignation of air quality areas in Arkansas shall comply with Arkansas Code Annotated 1987 Section 8-3-

101 et seq.

No revisions submitted. Language provided 

for context.

Arkansas SIP

As approved by the Arkansas 

Pollution Control and Ecology 

Commission on December 3, 2004, 

and submitted to EPA February 3, 

2005.

Revisions effective July 27, 2013; 

Submitted to EPA January 7, 2014.

Regulation 19.904 Adoption of 

Regulations (cont.)...

G. For the purpose of the 

regulation of GHGs, only the 

standards and requirements 

Revisions adopted August 22, 

2014; Submitted September 10, 

2014.

Regulation 19.904 Adoption of 

Regulations (cont.)...

G. For the purpose of the 

regulation of GHGs, only the 

EPA is severing and taking no action at this 

time on the revisions to the Arkansas PSD 

Program effective July 27, 2013 and 

submitted to EPA on January 7, 2014. These 

revisions to the existing SIP-approved 

language at Regulation 19.904(G) pertain 

solely to GHG PSD PAL permitting. EPA is 
57

Table 8: Evaluation of Revisions to Regulation 19, Chapter 9 EPA’s Evaluation

Approved by EPA April 12, 2007, 

effective May 14, 2007 

Regulation 19.904 Adoption of 

Regulations (cont.)...

G. For the purpose of the 

regulation of GHGs, only the 

standards and requirements 

promulgated by EPA as of 

June 3, 2010, related to the 

permitting of GHG emissions 

shall apply to the requirements 

of 40 CFR 52.21, as of 

November 29, 2005, 

incorporated by reference at 

Reg. 19.904(A). The following 

definitions and requirements 

shall also apply:

1. “Greenhouse gases” 

(GHGs) means the air 

pollutant defined as the 

aggregate group of six 

greenhouse gases: carbon 

dioxide, nitrous oxide, 

methane, 

hydrofluorocarbons, 

perfluorocarbons, and 

sulfur hexafluoride, shall 

not be subject to 

regulation except as 

provided in Reg. 

19.904(G)(4) through 

Reg.19.904(G)(5).

2. For purposes of Reg. 

19.904(G)(3) through 

Reg. 19.904(G)(5):

a) The term tons per 

year (tpy) “CO2

equivalent emissions” 

promulgated by EPA as of 

June 3, 2010, related to the 

permitting of GHG emissions 

shall apply to the requirements 

of 40 CFR 52.21, as of 

November 29, 2005, 

incorporated by reference at 

Reg. 19.904(A). The 

following definitions and 

requirements shall also apply:

1. “Greenhouse gases” 

(GHGs) means the air 

pollutant defined as the 

aggregate group of six 

greenhouse gases: carbon 

dioxide, nitrous oxide, 

methane, 

hydrofluorocarbons, 

perfluorocarbons, and 

sulfur hexafluoride, and 

shall not be subject to 

regulation except as 

provided in Reg. 

19.904(G)(4) through 

Reg.19.904(G)(5), and 

shall not be subject to 

regulation if the stationary 

source:

a. Maintains its total 

source-wide 

emissions below the 

GHG plantwide 

applicability 

limitations 

(hereinafter “PAL” 

level);

b. Meets the 

requirements in 40 § 

CFR 52.21(aa)(1) 

standards and requirements 

promulgated by EPA as of 

June 3, 2010, related to the 

permitting of GHG emissions 

shall apply to the 

requirements of 40 CFR 

52.21, as of November 29, 

2005, incorporated by 

reference at Reg. 19.904(A). 

The following definitions and 

requirements shall also apply:

1. “Greenhouse gases” 

(GHGs) means the air 

pollutant defined as the 

aggregate group of six 

greenhouse gases: carbon 

dioxide, nitrous oxide, 

methane, 

hydrofluorocarbons, 

perfluorocarbons, and 

sulfur hexafluoride, and

shall not be subject to 

regulation except as 

provided in Reg. 

19.904(G)(4) through 

Reg.19.904(G)(5), and 

shall not be subject to 

regulation if the stationary 

source:

a. Maintains its total 

source-wide 

emissions below the 

GHG plantwide 

applicability 

limitations 

(hereinafter “PAL” 

level);

b. Meets the 

requirements in 40 § 

still evaluating this SIP revision in light of 

the July 23, 2014 UARG v. EPA decision.

Therefore, the Arkansas SIP will continue to 

include Regulation 19.904(G)(1) as 

approved by EPA on April 12, 2007, as 

submitted by the state on February 3, 2005.

The ADEQ submitted a non-substantive 

revision to the SIP-approved language at 

Regulation 19.904(G)(2) on September 10, 

2014. This revision updates a crossreference and is approvable.
58

Table 8: Evaluation of Revisions to Regulation 19, Chapter 9 EPA’s Evaluation

(CO2e) shall 

represent an amount 

of GHGs emitted, and 

shall be computed as 

follows:

i. Multiplying the 

mass amount of 

emissions in tpy, 

for each of the 

six greenhouse 

gases in the 

pollutant GHGs, 

by each gas’s 

associated global 

warming 

potential 

published at 

Table A - 1 to 

subpart A of 40 

CFR part 98 -

Global Warming 

Potentials (as of 

October 30, 

2009); and

ii. Sum the resultant 

values from Reg. 

19.904(G)(2)(a)(i

) for each gas to 

compute a tpy 

CO2e.

b) For purposes of this 

definition, prior to 

July 21, 2014, the 

mass of the 

greenhouse gas 

carbon dioxide shall 

not include carbon 

dioxide emissions 

resulting from the 

through 40 CFR § 

52.21(aa)(15) as 

outlined in Reg. 

19.904(A)(1); and

c. Complies with the 

PAL permit 

containing the GHG 

PAL.

2. For purposes of Reg. 

19.904(G)(3) through 

Reg. 19.904(G)(5):

a) The term tons per 

year (tpy) “CO2

equivalent emissions” 

(CO2e) shall 

represent an amount 

of GHGs emitted, 

and shall be 

computed as follows:

i. Multiplying the 

mass amount of 

emissions in tpy, 

for each of the 

six greenhouse 

gases in the 

pollutant GHGs, 

by each gas’s 

associated global 

warming 

potential 

published at 

Table A - 1 to 

subpart A of 40 

CFR part 98 -

Global Warming 

Potentials (as of 

October 30, 

2009); and

CFR 52.21(aa)(1) 

through 40 CFR § 

52.21(aa)(15) as 

outlined in Reg. 

19.904(A)(1); and

c. Complies with the 

PAL permit

containing the GHG 

PAL.

2. For purposes of Reg. 

19.904(G)(3) through 

Reg. 19.904(G)(5):

a) The term tons per 

year (tpy) “CO2

equivalent 

emissions” (CO2e) 

shall represent an 

amount of GHGs 

emitted, and shall be 

computed as follows:

i. Multiplying the 

mass amount of 

emissions in tpy, 

for each of the six 

greenhouse gases 

in the pollutant 

GHGs, by each 

gas’s associated 

global warming 

potential published 

at Table A - 1 to 

subpart A of 40 

CFR part 98 -

Global Warming 

Potentials (as of 

October 30, 2009); 

and

ii. Sum the resultant 

values from Reg. 
59

Table 8: Evaluation of Revisions to Regulation 19, Chapter 9 EPA’s Evaluation

combustion or 

decomposition of 

non-fossilized and 

biodegradable 

organic material 

originating from 

plants, animals, or 

microorganisms 

(including products, 

by-products, residues 

and waste from 

agriculture, forestry 

and related industries 

as well as the nonfossilized and 

biodegradable 

organic fractions of 

industrial and 

municipal wastes, 

including gases and 

liquids recovered 

from the 

decomposition of 

nonfossilized and 

biodegradable 

organic material).

3. The term “emissions 

increase” as used in Reg. 

19.904(G)(4) through 

Reg. 19.904(G)(5) shall 

mean that both a 

significant emissions 

increase (as calculated 

using the procedures in 40 

CFR 52.21(a)(2)(iv), as of 

November 29, 2005), and 

a significant net emissions 

increase (as defined in 40 

CFR 52.21(b)(3), as of 

ii. Sum the resultant 

values from Reg. 

19.904(G)(2)(a)(i

) for each gas to 

compute a tpy 

CO2e.

b) For purposes of this 

definition, prior to 

July 21, 2014, the 

mass of the 

greenhouse gas 

carbon dioxide shall 

not include carbon 

dioxide emissions 

resulting from the 

combustion or 

decomposition of 

non-fossilized and 

biodegradable 

organic material 

originating from 

plants, animals, or 

microorganisms 

(including products, 

by-products, residues 

and waste from 

agriculture, forestry 

and related industries 

as well as the nonfossilized and 

biodegradable 

organic fractions of 

industrial and 

municipal wastes, 

including gases and 

liquids recovered 

from the 

decomposition of 

nonfossilized and 

19.904(G)(2)(a)(i) 

for each gas to 

compute a tpy 

CO2e.

b) For purposes of this 

definition, prior to 

July 21, 2014, the 

mass of the 

greenhouse gas 

carbon dioxide shall 

not include carbon 

dioxide emissions 

resulting from the 

combustion or 

decomposition of 

non-fossilized and 

biodegradable 

organic material 

originating from 

plants, animals, or 

microorganisms 

(including products, 

by-products, residues 

and waste from 

agriculture, forestry 

and related industries 

as well as the nonfossilized and 

biodegradable 

organic fractions of 

industrial and 

municipal wastes, 

including gases and 

liquids recovered 

from the 

decomposition of 

nonfossilized and 

biodegradable 

organic material
60

Table 8: Evaluation of Revisions to Regulation 19, Chapter 9 EPA’s Evaluation

November 29, 2005, and 

40 CFR 52.21(b)(23), as 

of November 29, 2005), 

occur. For the pollutant 

GHGs, an emissions 

increase shall be based on 

tpy CO2e, and shall be 

calculated assuming the 

pollutant GHGs is a 

regulated NSR pollutant, 

and “significant” is 

defined as 75,000 tpy 

CO2e instead of applying 

the value in 40 CFR 

52.21(b)(23)(ii), as of 

November 29, 2005.

4. Beginning January 2, 

2011, the pollutant GHGs 

is subject to regulation if:

a) The stationary 

source is a new 

major stationary 

source for a 

regulated NSR 

pollutant that is 

not GHGs, and 

also will emit or 

will have the 

potential to emit 

GHGs at 75,000 

tpy CO2e or 

more; or

b) The stationary 

source is an 

existing major 

stationary source 

for a regulated 

NSR pollutant 

that is not 

biodegradable 

organic material

3. The term “emissions 

increase” as used in Reg.

19.904(G)(4) through 

Reg. 19.904(G)(5) shall 

mean that both a 

significant emissions 

increase (as calculated 

using the procedures in 40 

CFR 52.21(a)(2)(iv), as of 

November 29, 2005), and 

a significant net emissions 

increase (as defined in 40 

CFR 52.21(b)(3), as of 

November 29, 2005, and 

40 CFR 52.21(b)(23), as 

of November 29, 2005), 

occur. For the pollutant 

GHGs, an emissions 

increase shall be based on 

tpy CO2e, and shall be 

calculated assuming the 

pollutant GHGs is a 

regulated NSR pollutant, 

and “significant” is 

defined as 75,000 tpy 

CO2e instead of applying 

the value in 40 CFR 

52.21(b)(23)(ii), as of 

November 29, 2005.

4. Beginning January 2, 

2011, the pollutant GHGs 

is subject to regulation if:

a) The stationary source 

is a new major 

stationary source for 

a regulated NSR 

pollutant that is not 

3. The term “emissions 

increase” as used in Reg. 

19.904(G)(4) through 

Reg. 19.904(G)(5) shall 

mean that both a 

significant emissions 

increase (as calculated 

using the procedures in 

40 CFR 52.21(a)(2)(iv), 

as of November 29, 

2005), and a significant 

net emissions increase (as 

defined in 40 CFR

52.21(b)(3), as of 

November 29, 2005, and 

40 CFR 52.21(b)(23), as 

of November 29, 2005), 

occur. For the pollutant 

GHGs, an emissions 

increase shall be based on 

tpy CO2e, and shall be 

calculated assuming the 

pollutant GHGs is a 

regulated NSR pollutant, 

and “significant” is 

defined as 75,000 tpy 

CO2e instead of applying 

the value in 40 CFR 

52.21(b)(23)(ii), as of 

November 29, 2005.

4. Beginning January 2, 

2011, the pollutant GHGs 

is subject to regulation if:

a) The stationary source 

is a new major 

stationary source for 

a regulated NSR 

pollutant that is not 

GHGs, and also will 
61

Table 8: Evaluation of Revisions to Regulation 19, Chapter 9 EPA’s Evaluation

GHGs, and also 

will have an 

emissions 

increase of a 

regulated NSR 

pollutant, and an

emissions 

increase of 

GHGs of 75,000 

tpy CO2e or 

more.

5. Beginning July 1, 

2011, in addition to 

the provisions in Reg. 

19.904(G)(4) of this 

section, the pollutant 

GHGs shall also be 

subject to regulation:

a) At a new 

stationary source 

that will emit or 

have the 

potential to emit 

100,000 tpy 

CO2e or more; or

b) At an existing 

stationary source 

that emits or has 

the potential to 

emit 100,000 tpy 

CO2e or more, 

when such 

stationary source 

undertakes a 

physical change 

or change in the 

method of 

operation that 

will result in an 

GHGs, and also will 

emit or will have the 

potential to emit 

GHGs at 75,000 tpy 

CO2e or more; or

b) The stationary source 

is an existing major 

stationary source for 

a regulated NSR 

pollutant that is not 

GHGs, and also will 

have an emissions 

increase of a 

regulated NSR 

pollutant, and an 

emissions increase of 

GHGs of 75,000 tpy 

CO2e or more.

5. Beginning July 1, 2011, in 

addition to the provisions 

in Reg. 19.904(G)(4) of 

this section, the pollutant 

GHGs shall also be 

subject to regulation:

a) At a new stationary 

source that will emit 

or have the potential 

to emit 100,000 tpy 

CO2e or more; or

b) At an existing 

stationary source that 

emits or has the 

potential to emit 

100,000 tpy CO2e or 

more, when such 

stationary source 

undertakes a physical 

change or change in 

the method of 

emit or will have the 

potential to emit 

GHGs at 75,000 tpy 

CO2e or more; or

b) The stationary source 

is an existing major 

stationary source for 

a regulated NSR 

pollutant that is not 

GHGs, and also will 

have an emissions 

increase of a 

regulated NSR 

pollutant, and an 

emissions increase of 

GHGs of 75,000 tpy 

CO2e or more.

5. Beginning July 1, 2011, in 

addition to the provisions 

in Reg. 19.904(G)(4) of 

this section, the pollutant 

GHGs shall also be 

subject to regulation:

a) At a new stationary 

source that will emit 

or have the potential 

to emit 100,000 tpy 

CO2e or more; or

b) At an existing 

stationary source that 

emits or has the 

potential to emit 

100,000 tpy CO2e or 

more, when such 

stationary source 

undertakes a physical 

change or change in 

the method of 

operation that will 
62

Table 8: Evaluation of Revisions to Regulation 19, Chapter 9 EPA’s Evaluation

emissions 

increase of 

75,000 tpy CO2e 

or more.

operation that will 

result in an emissions 

increase of 75,000 

tpy CO2e or more.

result in an emissions 

increase of 75,000 

tpy CO2e or more.

The analysis presented above in Table 8 demonstrates that the revisions to Arkansas Regulation 19, Chapter 9 submitted on January 7, 

2014, and September 10, 2014, are approvable.
8. Evaluation of Regulation 19, Chapter 10 – Regulations for the Control of Volatile Organic Compounds in Pulaski County.

Background of Regulation 19, Chapter 10 – Regulations for the Control of Volatile Organic Compounds in Pulaski County.

 The Arkansas SIP includes Regulation 19, Chapter 10, as adopted by the ADEQ on December 3, 2004, submitted to EPA on 

February 3, 2005. EPA approved this provision on April 12, 2007, see 72 FR 18394.

 ADEQ has submitted one revision to the Regulations for VOC control in Pulaski County.

o Revisions effective January 25, 2009; submitted on July 26, 2010.

The following table includes EPA’s evaluation of the revisions to Regulation 19, Chapter 10. 

Table 9 – Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

Arkansas SIP

As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, and submitted to 

EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) effective May 14, 2007.

Reg. 19.1001 Title

This chapter, adopted in accordance with the provisions of the Arkansas Water and Air Pollution Control Act 

[Arkansas Code Annotated Sections 8-4-101 et seq., as amended] and pursuant to the provisions of the federal 

Clean Air Act, shall be known as the Regulations for the Control of Volatile Organic Compounds.

Arkansas SIP

As approved by the Arkansas Pollution Control and 

Ecology Commission on December 3, 2004, and 

submitted to EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) 

effective May 14, 2007.

Reg. 19.1002 Purpose

The Regulations for the Control of Volatile Organic 

Compounds are designed to provide for the attainment 

and maintenance of the National Ambient Air Quality 

Standards for ozone in those areas of Arkansas which 

have been designated as nonattainment areas by the 

United States Environmental Protection Agency 

pursuant to the federal Clean Air Act and are further 

designed to bring the Arkansas Plan of Implementation 

for Air Pollution Control into compliance with the 

provisions of said Act.

Revisions effective January 25, 2009; Submitted July 26, 

2010.

Reg. 19.1002 Purpose

The Regulations for the Control of Volatile Organic 

Compounds are designed to provide for the attainment 

and maintenance of the National Ambient Air Quality 

Standards for ozone in those areas of Arkansas which 

have been designated as nonattainment areas by the 

EPA [United States Environmental Protection Agency] 

pursuant to the federal Clean Air Act and are further 

designed to bring the Arkansas Plan of Implementation 

for Air Pollution Control into compliance with the 

provisions of said Act.

Revisions submitted are nonsubstantive formatting corrections. 

Revisions are approvable.
64

Table 9 – Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

Arkansas SIP

As approved by the Arkansas Pollution Control and 

Ecology Commission on December 3, 2004, and 

submitted to EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) 

effective May 14, 2007.

Reg. 19.1003 Definitions

When used in these Regulations for the Control of 

Volatile Organic Compounds, the following definitions 

apply. Terms and phrases used in this chapter which are 

not explicitly defined herein shall have the same 

meaning as those terms used in chapter 2 or, if not 

defined in chapter 2, as those terms defined in the 

federal Clean Air Act.

Unless manifestly inconsistent therewith, terms and 

phrases used herein shall have the same meaning as used 

in the Arkansas Water and Air Pollution Control Act 

and the federal Clean Air Act.

"Clear coat" means a coating which lacks color and 

opacity.

"Coating application system" means all operations and 

equipment which applies, conveys, and dries a surface 

coating.

"Control Technique Guideline" means any of the 

guideline series documents describing an emission 

control technology for a specific source or category of 

sources; which documents being published by the 

United States Environmental Protection Agency.

"Cutback asphalt" means asphalt cement which has been 

liquefied by blending with petroleum solvents (diluents). 

Upon exposure to atmospheric conditions, the diluents 

evaporate, leaving the asphalt cement to perform its 

function.

"Crude oil" means a naturally occurring mixture 

consisting of hydrocarbons and/or sulfur, nitrogen, 

and/or oxygen derivatives of hydrocarbons and which is 

a liquid in the reservoir and at standard conditions.

"Custody transfer" means the transfer of produced crude 

oil and/or condensate, after processing and/or treating in 

Revisions effective January 25, 2009; Submitted July 26, 

2010.

Reg. 19.1003 Definitions

When used in these Regulations for the Control of 

Volatile Organic Compounds, the following definitions 

apply. Terms and phrases used in this chapter which are 

not explicitly defined herein shall have the same 

meaning as those terms used in C[c]hapter 2 of

Regulation 19 or, if not defined in C[c]hapter 2 of 

Regulation 19, as those terms defined in the federal 

Clean Air Act.

Unless manifestly inconsistent therewith, terms and 

phrases used herein shall have the same meaning as used 

in the Arkansas Water and Air Pollution Control Act 

and the federal Clean Air Act.

"Clear coat" means a coating which lacks color and 

opacity.

"Coating application system" means all operations and 

equipment which applies, conveys, and dries a surface 

coating.

"Control Technique Guideline" means any of the 

guideline series documents describing an emission 

control technology for a specific source or category of 

sources; which documents being published by the EPA

[United States Environmental Protection Agency].

"Cutback asphalt" means asphalt cement which has been 

liquefied by blending with petroleum solvents (diluents). 

Upon exposure to atmospheric conditions, the diluents 

evaporate, leaving the asphalt cement to perform its 

function.

"Crude oil" means a naturally occurring mixture 

consisting of hydrocarbons and/or sulfur, nitrogen, 

and/or oxygen derivatives of hydrocarbons and which is 

a liquid in the reservoir and at standard conditions.

"Custody transfer" means the transfer of produced crude 

oil and/or condensate, after processing and/or treating in 

the producing operations, from storage tanks or 

automatic transfer facilities to pipelines or any other 

forms of transportation.

Revisions submitted are nonsubstantive formatting corrections. 

Revisions are approvable.
65

Table 9 – Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

the producing operations, from storage tanks or 

automatic transfer facilities to pipelines or any other 

forms of transportation.

"Delivery vessel1' means tank trucks or trailers 

equipped with a storage tank and used for the transport 

of gasoline from sources of supply to stationary tanks of 

gasoline dispensing facilities.

"Existing source'' means any source of volatile organic 

compounds other than a new source.

"External floating roof' means a storage vessel cover in 

an open tank top consisting of a double deck or pontoon 

single deck which rests upon and is supported by the 

petroleum liquid being contained and is equipped with a 

closure seal or seals to close the space between the roof 

edge and tank shell.

"Extreme performance coating" means coatings 

designed for harsh exposure or extreme environmental 

conditions.

"Gasoline" means a petroleum distillate having a Reid 

vapor pressure of 27.6 kPa (4 psi) or greater that is used 

as fuel for internal combustion engines.

"Gasoline dispensing facility" means any site where 

gasoline is dispensed to motor vehicle gasoline tanks 

from stationary storage tanks.

"Gasoline tank truck" means tank trucks or trailers 

equipped with a storage tank and used for the transport 

of gasoline from sources of supply to stationary storage 

tanks or to gasoline bulk facilities.

"Liquid-mounted" means a primary seal mounted so the 

bottom of the seal covers the liquid surface between the 

tank shell and the floating roof.

"Low solvent coatingt1 means coatings which contain 

less organic solvent than the conventional coatings used 

by the industry. Low solvent coatings include water 

borne, high solids, electrodeposition and powder 

coatings.

"Lowest Achievable Emission Rate" (LAER) means for 

any source, that rate of emissions which reflects the 

most stringent emission limitation which is contained in 

"Delivery vessel" means tank trucks or trailers equipped 

with a storage tank and used for the transport of gasoline 

from sources of supply to stationary tanks of gasoline 

dispensing facilities.

"Existing source'' means any source of volatile organic 

compounds other than a new source.

"External floating roof' means a storage vessel cover in 

an open tank top consisting of a double deck or pontoon 

single deck which rests upon and is supported by the 

petroleum liquid being contained and is equipped with a 

closure seal or seals to close the space between the roof 

edge and tank shell.

"Extreme performance coating" means coatings 

designed for harsh exposure or extreme environmental 

conditions.

"Gasoline" means a petroleum distillate having a Reid 

vapor pressure of 27.6 kilopascals (kPa) (4 pounds per 

square inch [psi]) or greater that is used as fuel for 

internal combustion engines.

"Gasoline dispensing facility" means any site where 

gasoline is dispensed to motor vehicle gasoline tanks 

from stationary storage tanks.

"Gasoline tank truck" means tank trucks or trailers 

equipped with a storage tank and used for the transport 

of gasoline from sources of supply to stationary storage 

tanks or to gasoline bulk facilities.

"Liquid-mounted" means a primary seal mounted so the 

bottom of the seal covers the liquid surface between the 

tank shell and the floating roof.

"Low solvent coatingt1 means coatings which contain 

less organic solvent than the conventional coatings used 

by the industry. Low solvent coatings include water 

borne, high solids, electrodeposition and powder 

coatings.

"Lowest Achievable Emission Rate" (LAER) means for 

any source, that rate of emissions which reflects the 

most stringent emission limitation which is contained in 

the implementation plan of any State for such class or 

category of source, unless the owner or operator of the 
66

Table 9 – Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

the implementation plan of any State for such class or 

category of source, unless the owner or operator of the 

proposed source demonstrates that such limitations are 

not achievable, or the most stringent emission limitation 

which is achieved in practice by such class or category 

of source, whichever is more stringent. In no event shall 

the application of this term permit a proposed new or 

modified source to emit any pollutant in excess of the 

amount allowable under applicable New Source 

Standards of Performance.

"Major source" means any stationary source which has 

the potential to emit 100 tons or more per year of 

volatile organic compounds.

"Modification" means any physical change in, or change 

in the method of operation of, a stationary source which 

increases the amount of any volatile organic compound 

emitted by such source or which results in the emission 

of any other volatile organic compound not previously 

emitted.

"New source" means any stationary source of volatile 

organic compounds, the construction or modification of 

which is commenced after July 1, 1979.

"New Source Standard of Performance" means those 

standards which are adopted by the EPA pursuant to the 

provisions of Section 11 1 of the federal Clean Air Act 

[NSPS, 40 CFR Part 601.

"Operator" means any person who leases, operates, 

controls, or supervises any source, facility or equipment 

affected by these regulations.

"Owner" means any person who has legal or equitable 

title to any source, facility, or equipment affected by 

these regulations.

"Person" means any individual or other legal entity or 

their legal representative or assignee.

"Prime coat" means the first of two or more films of 

coating applied to a metal surface.

"Reasonably Available Control Technology" (RACT) 

means the lowest emission limit that a particular source

is capable of meeting by the application of control 

proposed source demonstrates that such limitations are 

not achievable, or the most stringent emission limitation 

which is achieved in practice by such class or category 

of source, whichever is more stringent. In no event shall 

the application of this term permit a proposed new or 

modified source to emit any pollutant in excess of the 

amount allowable under applicable New Source 

Standards of Performance.

"Major source" means any stationary source which has 

the potential to emit 100 tons or more per year of 

volatile organic compounds.

"Modification" means any physical change in, or change 

in the method of operation of, a stationary source which 

increases the amount of any volatile organic compound 

emitted by such source or which results in the emission 

of any other volatile organic compound not previously 

emitted.

"New source" means any stationary source of volatile 

organic compounds, the construction or modification of 

which is commenced after July 1, 1979.

"New Source Standard of Performance" (NSPS) means 

those standards which are adopted by the EPA pursuant 

to the provisions of Section 11 1 of the federal Clean Air 

Act [NSPS, 40 CFR Part 601.

"Operator" means any person who leases, operates, 

controls, or supervises any source, facility or equipment 

affected by these regulations.

"Owner" means any person who has legal or equitable 

title to any source, facility, or equipment affected by 

these regulations.

"Person" means any individual or other legal entity or 

their legal representative or assignee.

"Prime coat" means the first of two or more films of 

coating applied to a metal surface.

"Reasonably Available Control Technology" (RACT) 

means the lowest emission limit that a particular source 

is capable of meeting by the application of control 

technology that is reasonably available considering 

technological and economic feasibility. It may require 
67

Table 9 – Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

technology that is reasonably available considering 

technological and economic feasibility. It may require 

technology that has been applied to similar, but not 

necessarily identical source categories. 

"Single coat" means one film coating applied to a metal 

surface.

"Top coat" means the final film or series of films or 

coatings applied in a two coat (or more) operation.

"True vapor pressure" means the equilibrium partial 

pressure exerted by a petroleum liquid as determined in 

accordance with methods described in American 

Petroleum Institute (API) Bulletin 25 17, Evaporation 

Loss from External Floating Roof Tanks, 1980. The API 

procedure may not be applicable to some high viscosity 

or high pour crudes. Available estimates of true vapor 

pressure may be used in special cases such as these.

"Vapor collection system" means a vapor transport 

system which used direct displacement by the gasoline 

being transferred to force vapors from the vessel being 

loaded into either a vessel being unloaded or a vapor 

control system or vapor holding tank.

"Vapor control system" means a system that prevents 

release to the atmosphere of gasoline vapors in excess of 

80 milligrams per liter of gasoline loaded (4.7 grains per 

liter).

"Vapor-mounted" means a primary seal mounted so 

there is an annular vapor space underneath the seal. The 

annular vapor space is bounded by the bottom of the 

primary seal, the tank shell, the liquid surface, and the 

floating roof.

technology that has been applied to similar, but not 

necessarily identical source categories. 

"Single coat" means one film coating applied to a metal 

surface.

"Top coat" means the final film or series of films or 

coatings applied in a two coat (or more) operation.

"True vapor pressure" means the equilibrium partial 

pressure exerted by a petroleum liquid as determined in 

accordance with methods described in American 

Petroleum Institute (API) Bulletin 25 17, Evaporation 

Loss from External Floating Roof Tanks, 1980. The API 

procedure may not be applicable to some high viscosity 

or high pour crudes. Available estimates of true vapor 

pressure may be used in special cases such as these.

"Vapor collection system" means a vapor transport 

system which used direct displacement by the gasoline 

being transferred to force vapors from the vessel being 

loaded into either a vessel being unloaded or a vapor 

control system or vapor holding tank.

"Vapor control system" means a system that prevents 

release to the atmosphere of gasoline vapors in excess of 

80 milligrams per liter of gasoline loaded (4.7 grains per 

liter).

"Vapor-mounted" means a primary seal mounted so 

there is an annular vapor space underneath the seal. The 

annular vapor space is bounded by the bottom of the 

primary seal, the tank shell, the liquid surface, and the 

floating roof. 

Arkansas SIP

As approved by the Arkansas Pollution Control and 

Ecology Commission on December 3, 2004, and 

submitted to EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) 

effective May 14, 2007.

Reg. 19.1004 General Provisions

A. Applicability and Effective Dates

Revisions effective January 25, 2009; Submitted July 26, 

2010.

Reg. 19.1004 General Provisions

A. Applicability and Effective Dates

1. Sources which are subject to provisions of the 

Regulations for the Control of Volatile Organic 

Compounds include:

a) Any source for which controls are governed 

by Reg. [§]19.1005 hereof;

Revisions submitted are nonsubstantive formatting corrections. 

Revisions are approvable.
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Table 9 – Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

1. Sources which are subject to provisions of the 

Regulations for the Control of Volatile Organic 

Compounds include:

a) Any source for which controls are 

governed by 5 19.1005 hereof;

b) Any source which is subject to the terms of 

a Commission order issued pursuant to 

paragraph 19.1004(D)(l) hereof, and

c) Any new major source.

2. The provisions of chapter 10, the Regulations 

for the Control of Volatile Organic 

Compounds, shall be limited to sources located 

in Pulaski County, except as provided in 

paragraph 19.1004(D)(l) and shall go into full 

force and effect on the effective date provided, 

however, that the provisions of paragraph 

19.1004(D)(l) shall go into full force and effect 

on April 1, 1979. The effective date for 

subsections 19.1005(A)(B)&(C) is July 1, 1979 

and for subsections 19.1005(D)&(E) is October 

1, 1980. The effective date for subsection 

19.1005(F) is April 1, 1981.

B. Exemptions and Variances

1. [RESERVED.]

2. The requirements of 5 19.1005 are based upon 

information presented in the Control Technique 

Guidelines as published by the EPA and are 

intended to be consistent with Reasonably 

Available Control Technology. The owner or 

operator of equipment affected by the 

provisions of 5 19.1005 may be granted a 

variance from the specific provisions of such 

section provided that such owner or operator 

can demonstrate to the reasonable satisfaction 

of the Commission that full and strict 

compliance is technologically or economically 

infeasible or that alternative techniques to be 

employed by such owner or operator will result 

in substantially the same environmental 

b) Any source which is subject to the terms of 

a Commission order issued pursuant to Reg.

[paragraph] 19.1004(D)(l) hereof, and

c) Any new major source.

2. The provisions of C[c]hapter 10, the Regulations 

for the Control of Volatile Organic Compounds, 

shall be limited to sources located in Pulaski 

County, except as provided in Reg. [paragraph] 

19.1004(D)(l) and shall go into full force and 

effect on the effective date provided, however, 

that the provisions of Reg. [paragraph] 

19.1004(D)(l) shall go into full force and effect 

on April 1, 1979. The effective date for Reg.

[subsections] 19.1005(A)(B) and[&] (C) is July 

1, 1979 and for Reg. [subsections] 19.1005(D) 

and[&] (E) is October 1, 1980. The effective 

date for Reg. [subsection] 19.1005(F) is April 1, 

1981.

B. Exemptions and Variances

1. [RESERVED.]

2. The requirements of Reg. [§]19.1005 are based 

upon information presented in the Control 

Technique Guidelines as published by the EPA 

and are intended to be consistent with 

Reasonably Available Control Technology. The 

owner or operator of equipment affected by the 

provisions of Reg. [§]19.1005 may be granted a 

variance from the specific provisions of such 

section provided that such owner or operator can 

demonstrate to the reasonable satisfaction of the 

Commission that full and strict compliance is 

technologically or economically infeasible or 

that alternative techniques to be employed by 

such owner or operator will result in 

substantially the same environmental benefits as 

would be achieved with full and strict 

compliance with the provisions of Reg.

[§]19.1005. In no event, however, shall the 

Commission issue variances from the 
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Table 9 – Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

benefits as would be achieved with full and 

strict compliance with the provisions of 4 

19.1005. In no event, however, shall the 

Commission issue variances from the 

requirements of 4 19.1005 if such variances 

will prevent reasonable further progress for the 

attainment and maintenance of the National 

Ambient Air Quality Standards for ozone.

C. Toxic Compounds

The Regulations for the Control of Volatile Organic 

Compounds are not intended as appropriate controls for 

sources which emit volatile organic compounds which 

are hazardous air pollutants.

D. Determination of Reasonably Available Control 

Technology

1. Where the Department proposes the existence 

of Reasonably Available Control Technology 

for existing sources, other than the sources for 

which the provisions of §19.1005 are 

applicable, the Department shall give public 

notice of such determination and shall, in such 

notice, describe the nature of such technology 

and shall list by size, type, source, category or 

by individual source name, the affected 

sources. The public notice shall also give notice 

of public hearing concerning the subject 

proposals. If, after review of the information 

produced through the public hearing process, 

the Commission determines that such 

technology does exist and that the application 

of such technology is necessary to maintain 

reasonable further progress toward the 

attainment and maintenance of the National 

Ambient Air Quality Standards for ozone, the 

Commission shall issue an order requiring the 

installation of such technology.

2. Any order issued pursuant to paragraph 

19.1004(D)(l) above may require the owner or 

operator of sources affected by such order to 

requirements of Reg. [§]19.1005 if such 

variances will prevent reasonable further 

progress for the attainment and maintenance of 

the National Ambient Air Quality Standards for 

ozone.

C. Toxic Compounds

The Regulations for the Control of Volatile Organic 

Compounds are not intended as appropriate controls for 

sources which emit volatile organic compounds which 

are hazardous air pollutants.

D. Determination of Reasonably Available Control 

Technology

1. Where the Department proposes the existence of 

Reasonably Available Control Technology for 

existing sources, other than the sources for 

which the provisions of Reg. [§]19.1005 are 

applicable, the Department shall give public 

notice of such determination and shall, in such 

notice, describe the nature of such technology 

and shall list by size, type, source, category or 

by individual source name, the affected sources. 

The public notice shall also give notice of public 

hearing concerning the subject proposals. If, 

after review of the information produced through 

the public hearing process, the Department

[Commission] determines that such technology 

does exist and that the application of such 

technology is necessary to maintain reasonable 

further progress toward the attainment and 

maintenance of the National Ambient Air 

Quality Standards for ozone, the Department

[Commission] shall issue an order requiring the 

installation of such technology.

2. Any order issued pursuant to Reg. [paragraph] 

19.1004(D)(l) above may require the owner or 

operator of sources affected by such order to file 

such schedules and reports as the Department

[Commission] feels necessary to assure that the 

subject technology is placed into operation as 
70

Table 9 – Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

file such schedules and reports as the 

Commission feels necessary to assure that the 

subject technology is placed into operation as 

expeditiously as practicable. The terms of such 

orders may be modified where the Commission 

finds that such modifications are necessary to 

avoid economic hardship and where such 

modification would not interfere with 

reasonable further progress toward the 

attainment of the previously cited standards.

E. Permits and Compliance Schedules

1. Existing Sources:

a) No person shall cause or permit the 

operation or use of an existing source to 

which any provision of §19.1005 applies 

unless the owner or operator of such source 

shall have submitted to the Department, 

prior to the applicable date below, a 

compliance schedule indicating what steps 

have been, or will be taken to bring the 

operation of such source into compliance 

with the provisions of tj 19.1005. The 

compliance schedule shall be of such form 

and contain such information as the 

Commission may reasonably require. The 

applicable date for subsection 

19.1005(A)(B)&(C) is October 1, 1979. 

The applicable date for subsections 

19.1005(D)&(E) is January 1, 198 1. The 

applicable date for subsection 19.1005(F) 

is May 15, 1981.

b) No person shall cause the operation or use 

of an existing source which is affected by 

any provision of tj 19.1005 after the 

approval date if a compliance schedule of 

such source under Subsection (a) above has 

been disapproved by the Commission. No 

compliance schedule for any source shall 

be approved by the Commission unless the 

expeditiously as practicable. The terms of such 

orders may be modified where the Department

[Commission] finds that such modifications are 

necessary to avoid economic hardship and where 

such modification would not interfere with 

reasonable further progress toward the 

attainment of the previously cited standards.

E. Permits and Compliance Schedules

1. Existing Sources:

a) No person shall cause or permit the 

operation or use of an existing source to 

which any provision of Reg. [§]19.1005 

applies unless the owner or operator of such 

source shall have submitted to the 

Department, prior to the applicable date 

below, a compliance schedule indicating 

what steps have been, or will be taken to 

bring the operation of such source into 

compliance with the provisions of Reg.

[§]19.1005. The compliance schedule shall 

be of such form and contain such 

information as the Department

[Commission] may reasonably require. The 

applicable date for Reg. [subsection] 

19.1005(A)(B) and[&] (C) is October 1, 

1979. The applicable date for Reg.

[subsections] 19.1005(D) and[&] (E) is 

January 1, 198 1. The applicable date for 

Reg. [subsection] 19.1005(F) is May 15, 

1981.

b) No person shall cause the operation or use 

of an existing source which is affected by 

any provision of Reg. [§]19.1005 after the 

approval date if a compliance schedule of 

such source under Subsection (a) above has 

been disapproved by the Department

[Commission]. No compliance schedule for 

any source shall be approved by the 

Department [Commission] unless the 
71

Table 9 – Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

Commission finds that the controls 

proposed by the owner or operator will be 

installed, placed in operation, and that the 

source will be in compliance with the 

provisions of 4 19.1005 prior to the final 

compliance date. Extensions beyond the 

final compliance date may be granted by 

the Commission provided the Commission 

finds that such extensions are necessary to 

avoid economic hardship and that such 

extensions will not prevent reasonable 

further progress toward the attainment of 

the National Ambient Air Quality 

Standards for ozone. The approval date for 

subsections 19.1005(A)(B)&(C) is 

February 1, 1981 and for subsections 

19.1005(D)(E)&(F) is February 1, 1982. 

The final compliance date for subsections 

19.1005(A)(B)&(C) is June 1, 1981, for 

subsection 19.1005(D) is March 1, 1982, 

and for subsections 19.1005(E)&(F) is July 

1, 1982.

c) No person shall cause or permit the 

operation of an existing source in a manner 

which violates the terms of a compliance 

schedule which has been approved or 

amended by the Commission or which 

violates the terms of a Commission order 

issued pursuant to the provisions of 

paragraph 19.1004(D)(l).

2. New Sources:

Except as provided herein, no person shall 

commence the construction, installation or 

modification of a new source after July 1, 1979, 

unless that person has first received a permit 

from the Commission. Application for permit 

shall be of such form and contain such 

information as the Commission may reasonably 

require.

Department [Commission] finds that the 

controls proposed by the owner or operator 

will be installed, placed in operation, and 

that the source will be in compliance with 

the provisions of Reg. [§]19.1005 prior to 

the final compliance date. Extensions 

beyond the final compliance date may be 

granted by the Department [Commission] 

provided the Department [Commission] 

finds that such extensions are necessary to 

avoid economic hardship and that such 

extensions will not prevent reasonable 

further progress toward the attainment of the 

National Ambient Air Quality Standards for 

ozone. The approval date for subsections 

19.1005(A)(B)&(C) is February 1, 1981 and 

for Reg. [subsections] 19.1005(D)(E) 

and[&] (F) is February 1, 1982. The final

compliance date for Reg. [subsections] 

19.1005(A)(B) and[&] (C) is June 1, 1981, 

for Reg. [subsection] 19.1005(D) is March 

1, 1982, and for Reg. [subsections] 

19.1005(E) and[&] (F) is July 1, 1982.

c) No person shall cause or permit the 

operation of an existing source in a manner 

which violates the terms of a compliance 

schedule which has been approved or 

amended by the Department [Commission] 

or which violates the terms of a Department

[Commission] order issued pursuant to the 

provisions of Reg. [paragraph] 

19.1004(D)(l).

2. New Sources:

Except as provided herein, no person shall 

commence the construction, installation or 

modification of a new source after July 1, 1979, 

unless that person has first received a permit 

from the Department [Commission]. Application 

for permit shall be of such form and contain such 
72

Table 9 – Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

a) New Major Sources: No permit shall be 

issued for the construction, installation or 

modification of a new major source after 

July 1, 1979, unless the Commission 

determines the following conditions to 

have been met:

i. The emissions resulting from the 

proposed source when considered 

together with all other existing and 

proposed emissions of volatile organic 

compounds in Pulaski County will not 

cause or contribute to emission levels 

which exceed the allowance permitted 

for volatile organic compounds under 

the Arkansas Plan of Implementation 

for Air Pollution Control, as revised to 

comply with the provisions of the 

Clean Air Act.

ii. The emissions resulting from the 

proposed new major source will 

comply with the requirements of the 

FCAA which are in effect as of the 

effective date of this regulation.

iii. The owner or operator of the proposed 

new or modified major source has 

demonstrated that all major stationary 

sources owned or operated by such 

person (or by any entity controlling, 

controlled by, or under common 

control with such person) in Arkansas 

are in compliance, or on a schedule of 

compliance with all applicable 

emission limitations and standards 

under the federal Clean Air Act, 

including the Arkansas Plan of 

Implementation for Air Pollution 

Control.

iv. A permit may be issued to a new 

major source which would otherwise 

information as the Department [Commission] 

may reasonably require.

a) New Major Sources: No permit shall be 

issued for the construction, installation or

modification of a new major source after 

July 1, 1979, unless the Department

[Commission] determines the following 

conditions to have been met:

i. The emissions resulting from the 

proposed source when considered 

together with all other existing and 

proposed emissions of volatile organic 

compounds in Pulaski County will not 

cause or contribute to emission levels 

which exceed the allowance permitted 

for volatile organic compounds under 

the Arkansas Plan of Implementation 

for Air Pollution Control, as revised to

comply with the provisions of the Clean 

Air Act.

ii. The emissions resulting from the 

proposed new major source will comply 

with the requirements of the FCAA 

which are in effect as of the effective 

date of this regulation.

iii. The owner or operator of the proposed 

new or modified major source has 

demonstrated that all major stationary 

sources owned or operated by such 

person (or by any entity controlling, 

controlled by, or under common control 

with such person) in Arkansas are in 

compliance, or on a schedule of 

compliance with all applicable emission 

limitations and standards under the 

federal Clean Air Act, including the 

Arkansas Plan of Implementation for 

Air Pollution Control.
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Table 9 – Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

cause or contribute to emission levels 

which exceed the allowable levels for 

Pulaski County, as described in the 

State Implementation Plan for Air 

Pollution Control, as amended, if the 

owner or operator of that source first 

submits legally binding agreements to 

the Commission which reflect 

emission reductions from other 

sources in Pulaski County, or from 

sources within seventy-two (72) miles 

of the North Little Rock Municipal 

Airport, which would more than 

offset the emissions from such 

proposed new major source. Emission 

reductions claimed by such owner or 

operator may not include those 

emission reductions in Pulaski County 

which are necessary to reduce the total 

volatile organic compound emission to 

the allowable level in Pulaski County.

b) Other New Sources:

i. No permit shall be issued for a new 

source of the size, type, class, or 

category for which the provisions of 

§19.1005 apply unless the 

Commission finds that such new 

source incorporates Reasonably 

Available Control Technology 

developed for the kind and amount of 

volatile organic compounds to be 

emitted by the source and that, as a 

minimum, the source will be designed, 

constructed and operated such that the 

emissions therefrom, will not exceed 

the allowable emission rate provided 

by such section for existing sources.

ii. No permit shall be issued for a new 

source of the size, type, class or 

iv. A permit may be issued to a new major 

source which would otherwise cause or 

contribute to emission levels which 

exceed the allowable levels for Pulaski 

County, as described in the State 

Implementation Plan for Air Pollution 

Control, as amended, if the owner or 

operator of that source first submits 

legally binding agreements to the 

Department [Commission] which 

reflect emission reductions from other 

sources in Pulaski County, or from 

sources within seventy-two (72) miles 

of the North Little Rock Municipal 

Airport, which would more than offset 

the emissions from such proposed new 

major source. Emission reductions 

claimed by such owner or operator may 

not include those emission reductions in 

Pulaski County which are necessary to 

reduce the total volatile organic 

compound emission to the allowable 

level in Pulaski County.

b) Other New Sources:

i. No permit shall be issued for a new 

source of the size, type, class, or 

category for which the provisions of 

Reg. [§]19.1005 apply unless the 

Department [Commission] finds that 

such new source incorporates 

Reasonably Available Control 

Technology developed for the kind and 

amount of volatile organic compounds 

to be emitted by the source and that, as 

a minimum, the source will be 

designed, constructed and operated 

such that the emissions therefrom, will 

not exceed the allowable emission rate 
74

Table 9 – Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

category for which a' Commission 

Order has been issued pursuant to 

paragraph 19.1004(D)(l), unless the 

Commission finds that such source 

incorporates Reasonably Available 

Control Technology developed for the 

kind and amount of volatile organic 

compounds to be emitted by such 

source and that, as a minimum, the 

source will be designed, constructed, 

and operated such that the emissions 

therefrom will not exceed the rate 

required of existing sources by such 

order.

F. Testing and Reporting Requirements

1. Any person owning or operating sources which 

are affected by the provisions of the 

Regulations for the Control of Volatile Organic 

Compounds shall, upon the request of the 

Director, furnish such information as may be 

required to demonstrate compliance with said

Regulations. For purposes of this chapter, the 

provisions of chapter 7 of the Regulations of 

the Arkansas Plan of Implementation for Air 

Pollution Control shall apply.

2. For purposes of administering the provisions of 

the Regulations for the Control of Volatile 

Organic Compounds, the Director shall not be 

limited to the results obtained from emission 

tests but may, where appropriate, determine the 

compliance status of any source with respect to 

the emission limitations contained herein by the 

results of engineering evaluations, by 

inspection reports or by such information 

submitted, and certified, by the source owner or 

operator. For purposes of this chapter, a source 

may be deemed to be in compliance with the 

emission limitations of said Regulations if the 

equipment of such source is designed and 

provided by such section for existing 

sources.

ii. No permit shall be issued for a new 

source of the size, type, class or 

category for which a Department

[Commission] Order has been issued 

pursuant to Reg. [paragraph] 

19.1004(D)(l), unless the Department

[Commission] finds that such source 

incorporates Reasonably Available 

Control Technology developed for the 

kind and amount of volatile organic 

compounds to be emitted by such 

source and that, as a minimum, the 

source will be designed, constructed, 

and operated such that the emissions 

therefrom will not exceed the rate 

required of existing sources by such 

order.

F. Testing and Reporting Requirements

1. Any person owning or operating sources which 

are affected by the provisions of the Regulations 

for the Control of Volatile Organic Compounds 

shall, upon the request of the Director, furnish 

such information as may be required to 

demonstrate compliance with said Regulations. 

For purposes of this chapter, the provisions of 

C[c]hapter 7 of the Regulations of the Arkansas 

Plan of Implementation for Air Pollution Control 

shall apply.

2. For purposes of administering the provisions of 

the Regulations for the Control of Volatile 

Organic Compounds, the Director shall not be 

limited to the results obtained from emission 

tests but may, where appropriate, determine the 

compliance status of any source with respect to 

the emission limitations contained herein by the 

results of engineering evaluations, by inspection 

reports or by such information submitted, and 
75

Table 9 – Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

operated in accordance with the provisions of 

§19.1005 or, where §19.1005 is not applicable, 

is designed and operated in accordance with the 

provisions of a Commission Order or a permit 

issued hereunder, provided however, where an 

emission limitation is applicable to a certain 

source and where emission testing has been 

conducted in a manner approved by the 

Department and where such test demonstrate 

compliance with such limitations, the source 

shall be deemed to be in compliance with such 

limitations.

3. To test the leak tightness of gasoline tank 

trucks as required in subsection 19.1005(D), the 

following method and procedures should be 

followed:

a) The owner or operator shall, at his own 

expense demonstrate compliance with 

subsection 19.1005(D) by the methods of 

Part 3 of this subsection or an alternative 

method approved by the Director.

b) The owner or operator of a tank truck 

subject to this regulation must notify the 

Director in writing of the date and location 

of a certification test at least thirty (30) 

days before the anticipated test date.

c) Test procedures to determine compliance 

with subsection 19.1005(D) must be 

approved by the Director and consistent 

with the test procedures described in 

Appendix A or C of the OAQPS Guideline 

Series document, "Control of Organic 

Compound Leaks from Gasoline Tank 

Trucks and Vapor Collection Systems", 

EPA-450/2-78-051.

d) Monitoring to confirm the continuing 

existence of leak tight conditions shall be 

consistent with the procedures described in 

Appendix B of the OAQPS Guideline 

certified, by the source owner or operator. For 

purposes of this chapter, a source may be 

deemed to be in compliance with the emission 

limitations of said Regulations if the equipment 

of such source is designed and operated in 

accordance with the provisions of Reg.

[§]19.1005 or, where Reg. [§]19.1005 is not 

applicable, is designed and operated in 

accordance with the provisions of a Department

[Commission] Order or a permit issued 

hereunder, provided however, where an emission 

limitation is applicable to a certain source and 

where emission testing has been conducted in a 

manner approved by the Department and where 

such test demonstrate compliance with such 

limitations, the source shall be deemed to be in 

compliance with such limitations.

3. To test the leak tightness of gasoline tank trucks 

as required in s Reg. [subsection] 19.1005(D), 

the following method and procedures should be 

followed:

a) The owner or operator shall, at his or her

own expense demonstrate compliance with 

Reg. [subsection] 19.1005(D) by the 

methods of Part 3 of this subsection or an 

alternative method approved by the 

Director.

b) The owner or operator of a tank truck 

subject to this regulation must notify the 

Director in writing of the date and location 

of a certification test at least thirty (30) days 

before the anticipated test date.

c) Test procedures to determine compliance 

with Reg. [subsection] 19.1005(D) must be 

approved by the Director and consistent 

with the test procedures described in 

Appendix A or C of the OAQPS Guideline 

Series document, "Control of Organic 

Compound Leaks from Gasoline Tank 
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Table 9 – Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

Series document, "Control of Organic 

Compound Leaks from Gasoline Tank 

Trucks and Vapor Collection Systems", 

EPA-450/2-78-051.

4. To test for compliance with subsection 

19.1005(E) procedures outlined in EPA 

guideline series document "Measurement of 

Volatile Organic Compounds," EPA-450/2-78-

041 and Appendix A of "Control of Volatile 

Organics from Existing Stationary Sources--

Volume II--Surface Coating of Cans, Coils, 

Paper, Fabrics, Automobiles and Light 

Trucks," EPA 45012-77-008 shall be used.

5. To test for compliance with subsection 

19.1005(F) a visual inspection must be 

conducted at an interval not to exceed one year. 

For tanks with vapor mounted primary seals, 

the secondary seal gap area should be 

determined by measuring the length and width 

of the gaps around the entire circumference of 

the secondary seal. Only gaps greater than or 

equal to 0.32 cm (118 inch) shall be used in 

computing the gap area. The area of the gaps 

shall be accumulated to determine the 

compliance with paragraph 19.1005(F)(b). This 

data along with records of the throughput and 

type of volatile petroleum liquids for each 

vessel should be maintained by the owner or 

operator.

G. Circumvention

1. No owner or operator subject to these 

Regulations may build, erect, install, or use any 

article, machine, equipment, process or method, 

the use of which conceals an emission which 

would otherwise constitute a violation of these 

Regulations.

2. The provisions of paragraph (1) above include, 

but are not limited to, the use of gaseous 

diluents to achieve compliance and the 

Trucks and Vapor Collection Systems", 

EPA-450/2-78-051.

d) Monitoring to confirm the continuing 

existence of leak tight conditions shall be 

consistent with the procedures described in 

Appendix B of the OAQPS Guideline Series 

document, "Control of Organic Compound 

Leaks from Gasoline Tank Trucks and 

Vapor Collection Systems", EPA-450/2-78-

051.

4. To test for compliance with Reg. [subsection] 

19.1005(E) procedures outlined in EPA 

guideline series document "Measurement of 

Volatile Organic Compounds," EPA-450/2-78-

041 and Appendix A of "Control of Volatile 

Organics from Existing Stationary Sources--

Volume II--Surface Coating of Cans, Coils, 

Paper, Fabrics, Automobiles and Light Trucks," 

EPA 45012-77-008 shall be used.

5. To test for compliance with Reg. [subsection] 

19.1005(F) a visual inspection must be 

conducted at an interval not to exceed one year. 

For tanks with vapor mounted primary seals, the 

secondary seal gap area should be determined by 

measuring the length and width of the gaps 

around the entire circumference of the secondary 

seal. Only gaps greater than or equal to 0.32 

centimeter (cm) (118 inch) shall be used in 

computing the gap area. The area of the gaps 

shall be accumulated to determine the 

compliance with Reg. 19.1005(F)(1)(b)

[paragraph 19.1005(F)(b)]. This data along with 

records of the throughput and type of volatile 

petroleum liquids for each vessel should be 

maintained by the owner or operator.

G. Circumvention

1. No owner or operator subject to these 

Regulations may build, erect, install, or use any 

article, machine, equipment, process or method, 
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Table 9 – Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

piecemeal carrying out of an operation to avoid 

coverage by a Regulation that applies only to 

operations larger than a specified size.

H. Malfunctions, Breakdowns, Upsets

1. Emissions in excess of these Regulations which 

are temporary and result solely from a sudden 

and unavoidable breakdown, malfunction or 

upset of process or emission control equipment, 

or sudden and unavoidable upset of operation 

will not be considered a violation of these 

Regulations provided:

a) the owner or operator notifies the 

Department of any such occurrence by the 

end of the next business day of the 

occurrence; and

b) the owner or operator demonstrates to the 

Director that the suggested period of time 

for correction is as expeditious as 

practicable; and

c) the breakdown or upset is determined by 

the Director to be unavoidable and not the 

result of negligence; and

d) within five (5) days after the beginning of 

the occurrence, a written report is 

submitted to the Director which includes 

the cause and nature of the event, estimated 

quantity of volatile organic compounds 

emitted, time of emission and to prevent 

recurrence; and

e) the Director is immediately notified when 

corrective measures have been 

accomplished.

2. [RESERVED.]

the use of which conceals an emission which 

would otherwise constitute a violation of these 

Regulations.

2. The provisions of Reg. 19.1004(G)(1)

[paragraph (1)] above include, but are not 

limited to, the use of gaseous diluents to achieve 

compliance and the piecemeal carrying out of an 

operation to avoid coverage by a Regulation that 

applies only to operations larger than a specified 

size.

H. Malfunctions, Breakdowns, Upsets

1. Emissions in excess of these Regulations which 

are temporary and result solely from a sudden 

and unavoidable breakdown, malfunction or 

upset of process or emission control equipment, 

or sudden and unavoidable upset of operation 

will not be considered a violation of these 

Regulations provided:

a) the owner or operator notifies the 

Department of any such occurrence by the 

end of the next business day of the 

occurrence; and

b) the owner or operator demonstrates to the 

Director that the suggested period of time 

for correction is as expeditious as 

practicable; and

c) the breakdown or upset is determined by the 

Director to be unavoidable and not the result 

of negligence; and

d) within five (5) days after the beginning of 

the occurrence, a written report is submitted 

to the Director which includes the cause and 

nature of the event, estimated quantity of 

volatile organic compounds emitted, time of 

emission and to prevent recurrence; and

e) the Director is immediately notified when 

corrective measures have been 

accomplished.

2. [RESERVED.]
78

Table 9 – Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

Arkansas SIP

As approved by the Arkansas Pollution Control and 

Ecology Commission on December 3, 2004, and 

submitted to EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) 

effective May 14, 2007.

Reg. 19.1005 Provisions For Specific Processes

A. Gasoline Storage and Marketing

1. No person shall cause or permit the loading of 

gasoline into a storage tank of a gasoline 

storage or marketing facility with a monthly 

throughput in excess of 10,000 gallons except 

through a submerged fill pipe or by bottom 

loading. This provision shall not apply to 

storage tanks of less than 4,000 liter capacity 

(approximately 1,000 gallons).

2. No person shall cause or permit the operation 

of a gasoline bulk facility of less than 87,000 

liters (23,000 gallons) per day throughput 

unless all gasoline delivery vessels are loaded 

by submerged fill pipe or bottom filling.

3. No person shall cause or permit the operation 

of a gasoline bulk facility having a daily 

throughput equal to greater than 87,000 liters 

(23,000 gallons) per day unless a vapor control 

system is in place, is properly maintained and is 

used to prevent gasoline vapors from being 

emitted into the atmosphere at a rate in excess 

of 80 milligrams per liter of gasoline loaded 

(4.7 grains per gallon).

B. Petroleum Liquid Storage

1. No person shall cause or permit the storage of 

volatile organic compounds having a true vapor 

pressure in excess of 10.5 kilopascals (1.52 

psia) in tanks having a capacity equal to or 

greater than 150,000 liters (approximately 

39,000 gallons) unless such tanks:

a) meet the equipment specifications and 

maintenance requirements of the federal 

Revisions effective January 25, 2009; Submitted July 26, 

2010.

Reg. 19.1005 Provisions f[F]or Specific Processes

A. Gasoline Storage and Marketing

1. No person shall cause or permit the loading of 

gasoline into a storage tank of a gasoline storage 

or marketing facility with a monthly throughput 

in excess of 10,000 gallons except through a 

submerged fill pipe or by bottom loading. This 

provision shall not apply to storage tanks of less 

than 4,000 liter capacity (approximately 1,000 

gallons).

2. No person shall cause or permit the operation of 

a gasoline bulk facility of less than 87,000 liters 

(23,000 gallons) per day throughput unless all 

gasoline delivery vessels are loaded by 

submerged fill pipe or bottom filling.

3. No person shall cause or permit the operation of 

a gasoline bulk facility having a daily throughput 

equal to greater than 87,000 liters (23,000 

gallons) per day unless a vapor control system is 

in place, is properly maintained and is used to 

prevent gasoline vapors from being emitted into 

the atmosphere at a rate in excess of 80 

milligrams per liter of gasoline loaded (4.7 

grains per gallon).

B. Petroleum Liquid Storage

1. No person shall cause or permit the storage of 

volatile organic compounds having a true vapor 

pressure in excess of 10.5 kilopascals (1.52 

pounds-force per square inch absolute [psia]) in 

tanks having a capacity equal to or greater than 

150,000 liters (approximately 39,000 gallons) 

unless such tanks:

a) meet the equipment specifications and 

maintenance requirements of the federal 

Standards of Performance for New Stationary 

Sources--Storage Vessels for Petroleum 

Liquids, 40 CFR 60.1 10, as amended by 

Revisions submitted are nonsubstantive formatting corrections. 

Revisions are approvable.
79

Table 9 – Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

Standards of Performance for New 

Stationary Sources--Storage Vessels for 

Petroleum Liquids, 40 CFR 60.1 10, as 

amended by proposed rule change, Federal 

Register, May 18, 1978, pages 21617 

through 21625; or

b) are retrofitted with a floating roof or 

internal floating cover using a nonmetallic 

resilient seal as a primary seal which meets 

the equipment specifications in the federal 

standards referred to in (a) above, or its 

equivalent, or

c) have a covered floating roof or internal 

floating cover which is maintained in 

effective working order and which meets 

the manufacturer's equipment 

specifications in effect at the time it was 

installed.

2. All seals necessary to meet the requirements of 

(l)(b)&(c) of this subsection are to be 

maintained in good operating condition.

3. All openings, except stub drains and those 

related to safety, are to be sealed with suitable 

closures when not in use.

C. Cutback Asphalt

No person shall mix, use or apply cutback asphalt for

roadway paving except where the cutback asphalt is 

used solely as a penetrating prime coat or when the 

maximum ambient temperature on the day of application 

is less than 15 degrees C (59°F).

D. Gasoline Tank Trucks and Vapor Collection 

Systems

1. No person shall allow a gasoline tank truck 

subject to this regulation to be filled or emptied 

unless the gasoline tank truck:

a) is tested on a schedule acceptable to the 

Director according to the test procedure 

referenced in paragraph 19.10004(F)(3);

proposed rule change, Federal Register, May 

18, 1978, pages 21617 through 21625; or

b) are retrofitted with a floating roof or internal 

floating cover using a nonmetallic resilient 

seal as a primary seal which meets the 

equipment specifications in the federal 

standards referred to in Reg. 19.1005(B)(1)(a)

[(a) above], or its equivalent, or

c) have a covered floating roof or internal 

floating cover which is maintained in effective 

working order and which meets the 

manufacturer's equipment specifications in 

effect at the time it was installed.

2. All seals necessary to meet the requirements of 

Reg. 19.1005(B)(1)(b) and (c) [(l)(b)&(c) of this 

subsection] are to be maintained in good 

operating condition.

3. All openings, except stub drains and those 

related to safety, are to be sealed with suitable 

closures when not in use.

C. Cutback Asphalt

No person shall mix, use or apply cutback asphalt for 

roadway paving except where the cutback asphalt is 

used solely as a penetrating prime coat or when the 

maximum ambient temperature on the day of application 

is less than 15 degrees ( C) (59 Fahrenheit [°F]).

D. Gasoline Tank Trucks and Vapor Collection 

Systems

1. No person shall allow a gasoline tank truck 

subject to this regulation to be filled or emptied 

unless the gasoline tank truck:

a) is tested on a schedule acceptable to the 

Director according to the test procedure 

referenced in Reg. 19.1004(F)(3) [paragraph 

19.10004(F)(3)];

b) sustains a pressure change of no more than 

750 pascals (3 inches of water [in. of H2O]) in 

five minutes when pressurized to a gauge 

pressure of 4,500 pascals (18 in. of H20) or 
80

Table 9 – Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

b) sustains a pressure change of no more than 

750 pascals (3 in. of H20) in five minutes 

when pressurized to a gauge pressure of 

4,500 pascals (18 in. of H20) or evacuated to 

a gauge pressure of 1,500 pascals (6 in. of 

H20) during the testing required in 

subparagraph (l)(a) of this chapter; and

c) is repaired by the owner or operator and 

retested within 15 days of testing if it does 

not meet the criteria of subparagraph (l)(b) of 

this chapter.

2. The owner or operator of a vapor collection 

system subject to this regulation shall:

a) Design and operate the vapor collection 

system and the gasoline loading equipment in 

a manner that prevents:

i. Gauge pressure from exceeding 4,500 

pascals (18 in. of H20) and vacuum from 

exceeding 1,500 pascals (6 in. of H20) in 

the gasoline tank truck;

ii. A reading equal to or greater than 100 

percent of the lower explosive limit 

(LEL, measured as propane) at 2.5 

centimeters from all points on the 

perimeter of a potential leak source when 

measured by the method referenced in 

paragraph 19.10004(F)(3) during 

loading or unloading operations at 

gasoline dispensing facilities, bulk plants 

and bulk terminals; and

iii. Avoidable visible liquid leaks during 

loading or unloading operations at 

gasoline dispensing facilities, bulk plants 

and bulk terminals.

b) Within 15 days, repair and retest a vapor 

collection or control system that exceeds the 

limit in supporting paragraph (2)(a)(ii) above.

3. The Director may, at any time, monitor a 

gasoline tank truck, vapor collection system, or 

evacuated to a gauge pressure of 1,500 pascals 

(6 in. of H20) during the testing required in 

Reg. 19.1005(D)(1)(a) [subparagraph (l)(a) of 

this chapter]; and

c) is repaired by the owner or operator and 

retested within 15 days of testing if it does not 

meet the criteria of Reg. 19.1005(D)(1)(b)

[subparagraph (l)(b) of this chapter].

2. The owner or operator of a vapor collection 

system subject to this regulation shall:

a) Design and operate the vapor collection 

system and the gasoline loading equipment in 

a manner that prevents:

i. Gauge pressure from exceeding 4,500 

pascals (18 in. of H20) and vacuum from 

exceeding 1,500 pascals (6 in. of H20) in 

the gasoline tank truck;

ii. A reading equal to or greater than 100 

percent of the lower explosive limit (LEL, 

measured as propane) at 2.5 centimeters 

from all points on the perimeter of a 

potential leak source when measured by 

the method referenced in Reg. 

19.1004(F)(3) [paragraph 19.10004(F)(3)] 

during loading or unloading operations at 

gasoline dispensing facilities, bulk plants 

and bulk terminals; and

iii. Avoidable visible liquid leaks during 

loading or unloading operations at 

gasoline dispensing facilities, bulk plants 

and bulk terminals.

b) Within 15 days, repair and retest a vapor 

collection or control system that exceeds the 

limit in supporting Reg. 19.1005(D)(2)(a)(ii)

[paragraph (2)(a)(ii)] above.

3. The Director may, at any time, monitor a 

gasoline tank truck, vapor collection system, or 

vapor control system by the method referenced 

in Reg. 19.1004(F)(3) [paragraph 
81

Table 9 – Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

vapor control system by the method referenced 

in paragraph 19.10004(F)(3) to confirm 

continuing compliance with paragraphs (1) or 

(2) of this section.

E. Surface Coating of Metal Parts and Products

1. No owner or operator of a major source 

engaged in the surface coating of miscellaneous 

metal parts and products may operate a coating 

application system subject to this regulation 

that emits VOC in excess of:

a) 0.52 kg/1 (4.3 lb/gal) of coating, excluding 

water, delivered to a coating applicator that 

applies clear coatings;

b) 0.42 kg/1 (3.5 lb/gal) of coating, excluding 

water, delivered to a coating applicator in a 

coating application system that utilizes air or 

forced air dryers;

c) 0.42 kg/1 (3.5 lb/gal) of coating, excluding 

water, delivered to a coating applicator that 

applies extreme performance coatings; and

d) 0.36 kg/1 (3.0 lb/gal) of coating, excluding 

water, delivered to a coating applicator for all 

other coatings and coating application 

systems.

e) The above emission limitations shall include 

all VOC emissions from both coating and 

solvent washing unless the solvent is directed 

into containers that prevent evaporation.

2. If more than one emission limitation in 

paragraph (1) applies to a specific coating, then 

the most stringent emission limitation shall be 

applied.

3. The emission limits set forth in paragraph (1) 

shall be achieved by:

a) The application of low solvent coating 

technology;

b) An incineration system which oxidizes at 

least 90.0 percent of the nonmethane volatile 

organic compounds (VOC) measured as total 

19.10004(F)(3)] to confirm continuing 

compliance with Reg. 19.1005(D)(1) or (2)

[paragraphs (1) or (2)] of this section.

E. Surface Coating of Metal Parts and Products

1. No owner or operator of a major source engaged 

in the surface coating of miscellaneous metal 

parts and products may operate a coating 

application system subject to this regulation that 

emits VOC in excess of:

a) 0.52 kg/liter (l) (4.3 pound per gallon [lb/gal]) 

of coating, excluding water, delivered to a 

coating applicator that applies clear coatings;

b) 0.42 kg/1 (3.5 lb/gal) of coating, excluding 

water, delivered to a coating applicator in a 

coating application system that utilizes air or 

forced air dryers;

c) 0.42 kg/1 (3.5 lb/gal) of coating, excluding 

water, delivered to a coating applicator that 

applies extreme performance coatings; and

d) 0.36 kg/1 (3.0 lb/gal) of coating, excluding 

water, delivered to a coating applicator for all 

other coatings and coating application 

systems.

e) The above emission limitations shall include 

all VOC emissions from both coating and 

solvent washing unless the solvent is directed 

into containers that prevent evaporation.

2. If more than one emission limitation in Reg. 

19.1005(E)(1) [paragraph (1)] applies to a 

specific coating, then the most stringent 

emission limitation shall be applied.

3. The emission limits set forth in Reg. 

19.1005(E)(1) [paragraph (1)] shall be achieved 

by:

a) The application of low solvent coating 

technology;

b) An incineration system which oxidizes at least 

90.0 percent of the nonmethane [volatile 

organic compounds (]VOC[)] measured as 
82

Table 9 – Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

combustible carbon to carbon dioxide and 

water; or

c) An equivalent means of VOC removal. The 

equivalent means must be certified by the 

owner or operator and approved by the 

Director.

4. A capture system must be used in conjunction 

with the emission control system in paragraph 

(3)(b)&(c). The design and operation of a 

capture system must be consistent with good 

engineering practice, and shall be required to 

provide for an overall VOC emission reduction 

efficiency of at least 80 percent.

F. External Floating Roof

1. No person shall cause or permit the storage of 

volatile organic compounds having a true vapor 

pressure in excess of 10.5 kilo pascals (1.52 

psia) in tanks having a capacity equal to or 

greater than 150,000 liters (approximately 

39,000 gallons) equipped with an external 

floating roof unless:

a) The storage tank has been fitted with a 

continuous secondary seal extending from the 

floating roof to the tank wall (rim mounted) 

or an equivalent control device with an 

effectiveness equal to or greater than the 

secondary seal;

b) All seal closure devices meet the following 

requirements:

i. There shall be no visible holes, tears, or 

other openings in the seals or seals 

fabric;

ii. The seals must be intact and uniformly 

in place around the circumference of the 

floating roof between the floating roof 

and the tank walls; and

iii. For vapor mounted seals, the gap area 

between the secondary seal and the tank 

wall shall not exceed 21.2 square 

total combustible carbon to carbon dioxide 

and water; or

c) An equivalent means of VOC removal. The 

equivalent means must be certified by the 

owner or operator and approved by the 

Director.

4. A capture system must be used in conjunction 

with the emission control system in Reg. 

19.1005(E)(3)(b) and (c) [paragraph (3)(b)&(c)]. 

The design and operation of a capture system 

must be consistent with good engineering 

practice, and shall be required to provide for an 

overall VOC emission reduction efficiency of at 

least 80 percent.

F. External Floating Roof

1. No person shall cause or permit the storage of 

volatile organic compounds having a true vapor 

pressure in excess of 10.5 kilo pascals (1.52 

psia) in tanks having a capacity equal to or 

greater than 150,000 liters (approximately 

39,000 gallons) equipped with an external 

floating roof unless:

a) The storage tank has been fitted with a 

continuous secondary seal extending from the 

floating roof to the tank wall (rim mounted) or 

an equivalent control device with an 

effectiveness equal to or greater than the 

secondary seal;

b) All seal closure devices meet the following 

requirements:

i. There shall be no visible holes, tears, or 

other openings in the seals or seals fabric;

ii. The seals must be intact and uniformly in 

place around the circumference of the 

floating roof between the floating roof 

and the tank walls; and

iii. For vapor mounted seals, the gap area 

between the secondary seal and the tank 

wall shall not exceed 21.2 square 
83

Table 9 – Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

centimeters per meter of inside tank 

diameter (1.0 square inch per foot of 

inside tank diameter);

c) All openings in the external floating roof 

except for automatic bleeder vents, rim space 

vents, and leg sleeves provide a projection 

below the liquid surface and are sealed with a 

suitable closure when not in use;

d) Automatic bleeder vents are closed at all 

times except when the roof is floated off or 

landed on the roof leg supports;

e) Rim vents are set to open only when the roof 

is being floated off the leg supports or at the 

manufacturer's recommended settings; and

f) Emergency roof drains are provided with 

slotted membrane fabric covers or equivalent 

covers which cover at least 90 percent of the 

area of the opening.

2. The following are specifically exempted from 

the requirements of this subsection:

a) External floating roof tanks having capacities 

less than 1,600,000 liters (10,000 bbls) used 

to store produced crude oil and condensate 

prior to custody transfer;

b) A metallic-type shoe seal in a welded tank 

which has a secondary seal from the top of 

the shoe to the tank wall (a shoe-mounted 

secondary); and

c) External floating roof tanks storing waxy, 

heavy pour crudes.

centimeters per meter of inside tank 

diameter (1.0 square inch per foot of 

inside tank diameter);

c) All openings in the external floating roof 

except for automatic bleeder vents, rim space 

vents, and leg sleeves provide a projection 

below the liquid surface and are sealed with a 

suitable closure when not in use;

d) Automatic bleeder vents are closed at all times 

except when the roof is floated off or landed 

on the roof leg supports;

e) Rim vents are set to open only when the roof 

is being floated off the leg supports or at the 

manufacturer's recommended settings; and

f) Emergency roof drains are provided with 

slotted membrane fabric covers or equivalent 

covers which cover at least 90 percent of the 

area of the opening.

2. The following are specifically exempted from 

the requirements of this subsection:

a) External floating roof tanks having capacities 

less than 1,600,000 liters (10,000 barrels 

[bbls]) used to store produced crude oil and 

condensate prior to custody transfer;

b) A metallic-type shoe seal in a welded tank 

which has a secondary seal from the top of the 

shoe to the tank wall (a shoe-mounted 

secondary); and

c) External floating roof tanks storing waxy, 

heavy pour crudes. 

Arkansas SIP

As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, and submitted to 

EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) effective May 14, 2007.

Reg. 19.1006 Severability If any provision of the Regulations for the Control of Volatile Organic Compounds or 

the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions 

or applications of the Regulations for the Control of Volatile Organic Compounds which can be given effect 

without the invalid provision or application, and to this end, the provisions of the Regulations for the Control of 

Volatile Organic Compounds are declared to be severable.

No changes to SIP-approved version. 

Language provided for context.
84

The analysis presented above in Table 9 demonstrates that the revisions to Arkansas Regulation 19, Chapter 10 submitted on July 26,

2010, are approvable.
9. Evaluation of Regulation 19, Chapter 11 – Major Source Permitting Procedures.

Background of Regulation 19, Chapter 11 – Major Source Permitting Procedures.

 The Arkansas SIP includes Regulation 19, Chapter 7, as adopted by the ADEQ on December 3, 2004, submitted to EPA on 

February 3, 2005. EPA approved this provision on April 12, 2007, see 72 FR 18394.

 ADEQ has submitted one revision to the Arkansas Major Source Permitting Procedures.

o Revisions effective January 25, 2009; submitted on July 26, 2010.

The following table includes EPA’s evaluation of the revisions to Regulation 19, Chapter 11. 

Table 10 – Revisions to Regulation 19, Chapter 11 EPA’s Evaluation

Arkansas SIP

As approved by the Arkansas Pollution Control and 

Ecology Commission on December 3, 2004, and 

submitted to EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) 

effective May 14, 2007.

CHAPTER 11: MAJOR SOURCE PERMITTING 

PROCEDURES

Facilities subject to Regulation 26 shall be required to 

have their permit applications processed in accordance 

with the procedures contained in the Regulations of the 

Arkansas Operating Air Permit program, Regulation 26, 

which are hereby incorporated by reference.

Revisions effective January 25, 2009; Submitted July 

26, 2010.

CHAPTER 11: MAJOR SOURCE PERMITTING 

PROCEDURES

Facilities subject to Arkansas Pollution Control and 

Ecology Commission’s, Regulation 26, Regulations of 

the Arkansas Operating Air Permit Program, Regulation 

26 (Regulation 26) shall be required to have their 

permit applications processed in accordance with the 

procedures contained in [the Regulations of the 

Arkansas Operating Air Permit program,] Regulation 

26[,] which are hereby incorporated by reference.

Revisions submitted are non-substantive 

formatting corrections. Revisions are 

approvable.

The analysis presented above in Table 10 demonstrates that the revisions to Arkansas Regulation 19, Chapter 11 submitted on July 26,

2010, are approvable.
10. Evaluation of Regulation 19, Chapter 13 – Stage I Vapor Recovery.

Background of Regulation 19, Chapter 13 – Stage I Vapor Recovery.

 The Arkansas SIP includes Regulation 19, Chapter 7, as adopted by the ADEQ on December 3, 2004, submitted to EPA on 

February 3, 2005. EPA approved this provision on April 12, 2007, see 72 FR 18394.

 ADEQ has submitted one revision to the Arkansas Stage I Vapor Recovery provisions.

o Revisions effective January 25, 2009; submitted on July 26, 2010.

The following table includes EPA’s evaluation of the revisions to Regulation 19, Chapter 13. 

Table 11 – Revisions to Regulation 19, Chapter 13 EPA’s Evaluation

Arkansas SIP

As approved by the Arkansas Pollution Control and 

Ecology Commission on December 3, 2004, and 

submitted to EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) 

effective May 14, 2007.

Reg. 19.1301 Purpose

The purpose of this chapter is to limit emissions of 

volatile organic compounds (VOC) from gasoline 

stored in stationary dispensing tanks and from gasoline 

delivered into such tanks.

Revisions effective January 25, 2009; Submitted July 

26, 2010.

Reg. 19.1301 Purpose

The purpose of this chapter is to limit emissions of 

[volatile organic compounds (]VOC[)] from gasoline 

stored in stationary dispensing tanks and from gasoline 

delivered into such tanks.

Revisions submitted are non-substantive 

formatting corrections. Revisions are 

approvable.

Arkansas SIP

As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, and submitted to 

EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) effective May 14, 2007.

Reg. 19.1302 Applicability

This rule applies to all gasoline dispensing facilities and gasoline service stations and to delivery vessels delivering 

gasoline to a gasoline dispensing facility or gasoline service station in a nonattainment area; and this rule applies to 

all persons owning or operating a gasoline distribution facility or gasoline service station in a nonattainment area.

No changes to SIP approved version. 

Language provided for context.

Arkansas SIP

As approved by the Arkansas Pollution Control and 

Ecology Commission on December 3, 2004, and 

submitted to EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) 

effective May 14, 2007.

Reg. 19.1303 Definitions

Revisions effective January 25, 2009; Submitted July 

26, 2010.

Reg. 19.1303 Definitions

A. "Coaxial system" means the delivery of the 

product to the stationary storage tank and the 

recovery of vapors from the stationary storage 

tanks occurs through a single coaxial fill tube, 

Revisions submitted are non-substantive 

formatting corrections. Revisions are 

approvable.
87

Table 11 – Revisions to Regulation 19, Chapter 13 EPA’s Evaluation

A. "Coaxial system" means the delivery of the product 

to the stationary storage tank and the recovery of 

vapors from the stationary storage tanks occurs 

through a single coaxial fill tube, which is a tube 

within a tube. Product is delivered through the 

inner tube, and vapor is recovered through the 

annular space between the walls of the inner tube 

and outer tube.

B. "Delivery vessel" means tank trucks or trailers 

equipped with a storage tank and used for the 

transport of gasoline from sources of supply to 

stationary storage tanks of gasoline dispensing 

facilities.

C. "Dual point system" means the delivery of the 

product to the stationary storage tank and the 

recovery of vapors from the stationary storage tank 

occurs through two separate openings in the storage 

tank and two separate hoses between the tank truck 

and the stationary storage tank.

D. "Gasoline" means any petroleum distillate or blend 

of petroleum distillates with other combustible 

liquids that is used as a fuel for internal combustion 

engines and has a Reid vapor pressure of 4.0 psi or 

greater. This does not include diesel fue1 or 

liquefied petroleum gas (LPG).

E. "Gasoline dispensing facility" means any site where 

gasoline is dispensed to motor vehicle gasoline 

tanks fi-om stationary storage tanks.

F. "Gasoline service station" means any gasoline 

dispensing facility where gasoline is sold to the 

motoring public fi-om stationary storage tanks.

G. "Independent small business marketer" means a 

person engaged in the marketing of gasoline unless 

such person:

1. (a) is a refiner, or

(b) controls, is controlled by, or is under 

common control with, a refiner, or

(c) is otherwise directly or indirectly 

affiliated with a refiner or with a person who 

which is a tube within a tube. Product is delivered 

through the inner tube, and vapor is recovered 

through the annular space between the walls of the 

inner tube and outer tube.

B. "Delivery vessel" means tank trucks or trailers 

equipped with a storage tank and used for the 

transport of gasoline from sources of supply to 

stationary storage tanks of gasoline dispensing 

facilities.

C. "Dual point system" means the delivery of the 

product to the stationary storage tank and the 

recovery of vapors from the stationary storage tank 

occurs through two separate openings in the 

storage tank and two separate hoses between the 

tank truck and the stationary storage tank.

D. "Gasoline" means any petroleum distillate or blend 

of petroleum distillates with other combustible 

liquids that is used as a fuel for internal 

combustion engines and has a Reid vapor pressure 

of 4.0 psi or greater. This does not include diesel 

fue1 or liquefied petroleum gas (LPG).

E. "Gasoline dispensing facility" means any site 

where gasoline is dispensed to motor vehicle 

gasoline tanks fi-om stationary storage tanks.

F. "Gasoline service station" means any gasoline 

dispensing facility where gasoline is sold to the 

motoring public fi-om stationary storage tanks.

G. "Independent small business marketer" means a 

person engaged in the marketing of gasoline unless 

such person:

1. (a) is a refiner, or

(b) controls, is controlled by, or is under 

common control with, a refiner, or

(c) is otherwise directly or indirectly affiliated 

with a refiner or with a person who controls, is 

controlled by, or is under common control 

with a refiner, unless the sole affiliation 

referred to is by means of a supply contract or 

an agreement or contract to use a trademark, 
88

Table 11 – Revisions to Regulation 19, Chapter 13 EPA’s Evaluation

controls, is controlled by, or is under 

common control with a refiner, unless the 

sole affiliation referred to is by means of a 

supply contract or an agreement or contract 

to use a trademark, trade name, service 

mark, or other identifying symbol or name 

owned by such refiner or any such person; or

2. receives less than 50 percent of his annual 

income from refining or marketing of gasoline.

3. For purposes of this regulation, the term 

"refiner" shall not include any refiner whose 

total refinery capacity (including the refinery

capacity of any person who controls, is 

controlled by, or is under common control 

with, such refiner) does not exceed 65,000 

barrels per day. For purposes of this section, 

"control" of a corporation means ownership of 

more than 50 percent of its stock.

H. "Leak free" means a condition in which there is no 

liquid gasoline escape or seepage of more than 

three (3) drops per minute from gasoline storage, 

handling, and ancillary equipment, including, but 

not limited to, seepage and escapes from above 

ground fittings.

I. "Line" means any pipe suitable for transferring 

gasoline.

J. "Nonattainment area" means a county or counties 

designated by EPA as not meeting the national 

ambient air quality standards for ozone.

K. "Operator" means any person who leases, operates, 

controls, or supervises a facility at which gasoline 

is dispensed.

L. "Owner" means any person who has legal or 

equitable title to the gasoline storage tank at a 

facility.

M. "Poppeted vapor recovery adaptor" means a vapor 

recovery adaptor that automatically and 

immediately closes itself when the vapor return line 

trade name, service mark, or other identifying 

symbol or name owned by such refiner or any 

such person; or

2. receives less than 50 percent of his or her

annual income from refining or marketing of 

gasoline.

3. For purposes of this regulation, the term 

"refiner" shall not include any refiner whose 

total refinery capacity (including the refinery 

capacity of any person who controls, is 

controlled by, or is under common control with, 

such refiner) does not exceed 65,000 barrels per 

day. For purposes of this section, "control" of a 

corporation means ownership of more than 50 

percent of its stock.

H. "Leak free" means a condition in which there is no 

liquid gasoline escape or seepage of more than 

three (3) drops per minute from gasoline storage, 

handling, and ancillary equipment, including, but 

not limited to, seepage and escapes from above 

ground fittings.

I. "Line" means any pipe suitable for transferring 

gasoline.

J. "Nonattainment area" means a county or counties 

designated by EPA as not meeting the NAAQS

[national ambient air quality standards] for ozone.

K. "Operator" means any person who leases, operates, 

controls, or supervises a facility at which gasoline 

is dispensed.

L. "Owner" means any person who has legal or 

equitable title to the gasoline storage tank at a 

facility.

M. "Poppeted vapor recovery adaptor" means a vapor 

recovery adaptor that automatically and 

immediately closes itself when the vapor return 

line is disconnected and maintains a tight seal 

when the vapor return line is not connected.

N. "Stationary storage tank" means a gasoline storage 

container that is a permanent fixture.
89

Table 11 – Revisions to Regulation 19, Chapter 13 EPA’s Evaluation

is disconnected and maintains a tight seal when the 

vapor return line is not connected.

N. "Stationary storage tank" means a gasoline storage 

container that is a permanent fixture.

O. "Submerged fill pipe" means any fill pipe with a 

discharge opening which is entirely submerged 

when the pipe normally used to withdraw liquid 

from the tank can no longer withdraw any liquid, or 

which is entirely submerged when the level of the 

liquid is:

1. Six inches above the bottom of the tank if the 

tank does not have a vapor recovery adaptor; 

or

2. Twelve inches above the bottom of the tank if 

the tank has a vapor recovery adaptor. If the 

opening of the submerged fill pipe is cut at a 

slant, the distance is measured from the top of 

the slanted cut to the bottom of the tank.

P. "Throughput" means the amount of gasoline 

dispensed at a facility.

Q. "Vapor tight" means a condition in which an 

organic vapor analyzer or a combustible gas 

detector at a potential VOC leak source shows 

either less than 10,000 ppm when calibrated with 

methane, or less than 20% of the lower explosive 

limit when calibrated and operated according to the 

manufacturer's specifications.

O. "Submerged fill pipe" means any fill pipe with a 

discharge opening which is entirely submerged 

when the pipe normally used to withdraw liquid 

from the tank can no longer withdraw any liquid, 

or which is entirely submerged when the level of 

the liquid is:

1. Six inches above the bottom of the tank if the 

tank does not have a vapor recovery adaptor; or

2. Twelve inches above the bottom of the tank if 

the tank has a vapor recovery adaptor. If the 

opening of the submerged fill pipe is cut at a 

slant, the distance is measured from the top of 

the slanted cut to the bottom of the tank.

P. "Throughput" means the amount of gasoline 

dispensed at a facility.

Q. "Vapor tight" means a condition in which an 

organic vapor analyzer or a combustible gas 

detector at a potential VOC leak source shows 

either less than 10,000 ppm when calibrated with 

methane, or less than 20% of the lower explosive 

limit when calibrated and operated according to the 

manufacturer's specifications.

Arkansas SIP

As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, and submitted to 

EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) effective May 14, 2007.

Reg. 19.1304 Exemptions

This rule does not apply to:

A. Transfers made to storage tanks at gasoline dispensing facilities or gasoline service stations equipped with 

floating roofs or their equivalent.

B. Stationary storage tanks with a capacity of not more than 550 gallons, if the tanks are equipped with a 

submerged fill pipe.

C. Stationary storage tanks used exclusively for the fueling of implements of normal farm operations.

D. Facilities selling less than 10,000 gallons of gasoline per month.

No changes to SIP approved version. 

Language provided for context.
90

Table 11 – Revisions to Regulation 19, Chapter 13 EPA’s Evaluation

E. Independent small business marketers of gasoline selling less than 50,000 gallons per month.

F. Any other facility or use exempted by state or federal statute.

Arkansas SIP

As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, and submitted to 

EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) effective May 14, 2007.

Reg. 19.1305 Prohibited Activities

No person may cause, allow or permit the transfer: of gasoline from any delivery vessel into any stationary storage 

tank unless such transfer complies with the following requirements:

A. The stationary storage tank is equipped with a submerged fill pipe and the vapors displaced from the tank 

during filling are controlled by a vapor control system as described herein;

B. The vapor control system is in good working order and is connected and operating with a vapor tight 

connection;

C. The vapor control system is properly maintained and any damaged or malfunctioning components or elements 

of design have been repaired, replaced or modified;

D. Gauges, meters, or other specified testing devices are maintained in proper working order;

E. All loading lines and vapor lines of delivery vessels and vapor collection systems are equipped with fittings 

which are leak tight and vapor tight;

F. All hatches on the delivery vessel are kept closed and securely fastened; and

G. The stationary storage tank has been tested, no less than annually, on a schedule acceptable to the Director 

according to the test methods required herein.

No changes to SIP approved version. 

Language provided for context.

Arkansas SIP

As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, and submitted to 

EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) effective May 14, 2007.

Reg. 19.1306 Record Keeping

The following records shall be maintained for not less than two (2) years and the same shall be made available for 

inspection by the Department:

A. The scheduled date for maintenance and testing, and the date that a malfunction was detected;

B. The date the maintenance and testing was performed or the malfunction corrected; and

C. The date the component or element of design of the control system was repaired, replaced, or modified.

D. Monthly totals of gallons of gasoline sold by the facility.

No changes to SIP approved version. 

Language provided for context.

Arkansas SIP

As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, and submitted to 

EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) effective May 14, 2007.

Reg. 19.1307 Inspections

A. The premises of any gasoline dispensing facility or gasoline service station shall be available for inspection by 

representatives of the Department.

No changes to SIP approved version. 

Language provided for context.
91

Table 11 – Revisions to Regulation 19, Chapter 13 EPA’s Evaluation

B. The process of transfer of gasoline from any delivery vessel into any stationary storage tank shall be subject to 

observation and inspection by representatives of the Department.

Arkansas SIP

As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, and submitted to 

EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) effective May 14, 2007.

Reg. 19.1308 Vapor Recovery Systems

A. The vapor control system required by Reg. 19.1305 of this rule shall include one or more of the following:

1. A vapor-tight line from the stationary storage tank to the delivery vessel and:

(a) For a coaxial vapor recovery system, either a poppeted or unpoppeted vapor recovery adaptor

(b) For a dual point vapor recovery system, a poppeted vapor recovery adaptor;

2. A refrigeration-condensation system or equivalent designed to recover or destroy at least 90 percent by 

weight of the organic compounds in the displaced vapor.

B. If an unpoppeted vapor recovery adaptor is used, the tank liquid fill connection shall remain covered either 

with a vapor-tight cap or a vapor return line except when the vapor return line is being connected or 

disconnected.

C. If an unpoppeted vapor recovery adaptor is used, the unpoppeted vapor recovery adaptor shall be replaced with 

a poppeted vapor recovery adaptor when the tank is replaced or upgraded.

D. Where vapor lines from the storage tanks are manifolded, poppeted vapor recovery adapters shall be used. No 

more than one tank is to be loaded at a time if the manifold vapor lines have a nominal pipe size of less than 3 

inches. If the manifold vapor lines have a nominal pipe size of 3 inches or larger, then two tanks at a time may 

be loaded.

E. Vent lines on stationary storage tanks shall have pressure release valves or restrictors.

No changes to SIP approved version. 

Language provided for context.

Arkansas SIP

As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, and submitted to 

EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) effective May 14, 2007.

Reg. 19.1309 Gasoline Delivery Vessels

A. Gasoline delivery vessels shall be designed and maintained to be vapor-tight during loading and unloading 

operations and during transport.

B. Gasoline delivery vessels shall be tested, no less than annually, on a schedule acceptable to the Director 

according to the test methods required herein.

C. Gasoline delivery vessels shall sustain a pressure change of no more than 750 pascals (3 in. of H20) in five 

minutes when pressurized to a gauge pressure of 4,500 pascals (1 8 in. of H20) or evacuated to a gauge 

pressure of 1,500 pascals (6 in. of H20) during testing.

No changes to SIP approved version. 

Language provided for context.

Arkansas SIP

As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, and submitted to 

EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) effective May 14, 2007.

No changes to SIP approved version. 

Language provided for context.
92

Table 11 – Revisions to Regulation 19, Chapter 13 EPA’s Evaluation

Reg. 19.1310 Owner/Operator Responsibility

A. It shall be the responsibility of owners and operators of gasoline dispensing facilities and gasoline service 

stations to assure compliance with this rule and to disallow the transfer from any delivery vessel that does not 

comply with those requirements of this rule applicable to delivery vessels.

B. It shall be the responsibility of owners, operators and drivers of delivery vessels to assure compliance with this 

rule and to refuse to transfer from any delivery vessel that does not comply with those requirements of this rule 

applicable to delivery vessels.

C. It shall be the responsibility of owners and operators of gasoline dispensing facilities and gasoline service 

stations to properly maintain, repair, replace, modify, and test the vapor recovery system components of 

stationary storage tanks regulated herein.

D. It shall be the responsibility of owners and operators of gasoline dispensing facilities, gasoline service stations, 

and gasoline delivery vehicles to repair and retest equipment within (15) days of a test that exceeds the 

limitations set forth herein.

Arkansas SIP

As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, and submitted to 

EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) effective May 14, 2007.

Reg. 19.1311 Test Methods

A. Test method for leak detection:

1. Within four (4) hours prior to monitoring, the organic vapor analyzer or combustible gas detector shall be 

suitably calibrated in a manner and with the gas specified by the manufacturer for 20% of the lower 

explosive limit response, or calibrated with methane for a 10,000 ppm response.

2. The probe inlet shall be 2.5 centimeters or less from the potential leak source when searching for leaks.

3. The highest detector reading and location for each incident of detected leakage shall be recorded, along 

with the date, time and name of the person performing the testing. If no gasoline vapor is detected, that 

fact shall be recorded.

B. Control efficiency of vapor recovery systems and vapor collection/processing systems shall be determined 

according to EPA Method 2A and either EPA Method 25A or 25B. EPA Method 2B shall be used for vapor 

incineration devices.

C. Vapor pressure of gasoline shall be determined using American Society for Testing and Materials (ASTM) 

Method D323-94 or ASTM Method D4953-93. Method D323-94 shall be used for gasoline either containing 

no oxygenates or MTBE (methyl ethyl butyl ether) as the sole oxygenate. Method D-4953-93 shall be used for 

oxygenated gasoline.

No changes to SIP approved version. 

Language provided for context.

Arkansas SIP

As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, and submitted to 

EPA February 3, 2005.

Approved by EPA April 12, 2007 (72 FR 18394) effective May 14, 2007.

No changes to SIP approved version. 

Language provided for context.
93

Table 11 – Revisions to Regulation 19, Chapter 13 EPA’s Evaluation

Reg. 19.1312 Effective Date

A. The requirements of this rule shall be effective within nonattainment areas one (1) year after the designation 

by EPA of an area as a nonattainment area.

B. In the case of an independent small business marketer with sales of 50,000 gallons or more per month, this 

rule shall be phased-in as follows:

1. 33 percent of facilities shall be in compliance at the end of the first year;

2. 66 percent at the end of the second year; and,

3. 100 percent at the end of the third year.

The analysis presented above in Table 11 demonstrates that the revisions to Arkansas Regulation 19, Chapter 13 submitted on July 26,

2010, are approvable.

11. Evaluation of Regulation 19, Appendix B – National Ambient Air Quality Standards List.

Background of Regulation 19, Appendix B – National Ambient Air Quality Standards List.

 The Arkansas SIP does not include Regulation 19, Appendix B.

o ADEQ has submitted Regulation 19, Appendix B for the first time as adopted on August 22, 2014 and submitted to EPA 

on September 10, 2014.

The following table includes EPA’s evaluation of the revisions to Regulation 19, Appendix B. 

Table 12: Evaluation of Regulation 19, Appendix B EPA’s Evaluation

Appendix B: National Ambient Air Quality Standards List

The National Ambient Air Quality Standards as adopted as of the effective date of this Regulation are listed below.

Pollutant Final 

Rule 

Cite

Final Rule 

Date

Primary/Secondary Averaging 

Time

Level Form Applicable 

Chapters

Carbon 

Monoxide

76 FR 

54294

August 

31, 2011

Primary 8-hour 9 ppm Not to be 

exceeded more 

than once per 

year

All 

Chapters

Approvable as consistent with federal 

requirements at 40 CFR 50.8.

Note that ADEQ must update the 

Arkansas SIP in a timely manner each 

time the EPA promulgates a new 

NAAQS.

1-hour 35 ppm All 

Chapters
94

Table 12: Evaluation of Regulation 19, Appendix B EPA’s Evaluation

Lead 73 FR 

66964

November 

12, 2008

Primary and 

secondary

Rolling 3 

month 

average

0.15 

μg/m3

Not to be 

exceeded.

All 

Chapters

Approvable as consistent with federal 

requirements at 40 CFR 50.12.

Note that ADEQ must update the 

Arkansas SIP in a timely manner each 

time the EPA promulgates a new 

NAAQS.

Nitrogen 

Dioxide

75 FR 

6474

February 

9, 2010

Primary 1-hour 100 ppb 98th percentile, 

averaged over 

3 years

Chapter 9 Approvable as consistent with federal 

requirements at 40 CFR 50.11(b) only 

for the Arkansas PSD program. The 

remainder of the Arkansas SIP does 

not address the 1-hour NO2 standard.

Note that ADEQ must update the 

Arkansas SIP in a timely manner each 

time the EPA promulgates a new 

NAAQS.

61 FR 

52852

October 8, 

1996

Primary and 

secondary

Annual 53 ppb Annual Mean All 

Chapters

Approvable as consistent with federal 

requirements at 40 CFR 50.11(a) and 

(c).

Note that ADEQ must update the 

Arkansas SIP in a timely manner each 

time the EPA promulgates a new 

NAAQS.

Ozone 73 FR 

16436

March 27, 

2008

Primary and 

secondary

8-hour 0.075 

ppm

Annual fourthhighest daily 

maximum 8-hr 

concentration, 

averaged over 

3 years

Chapter 9 Approvable as consistent with federal 

requirements at 40 CFR 50.15(a) and 

(b) only for the Arkansas PSD 

program. The remainder of the 

Arkansas SIP does not address the 

2008 8-hour ozone NAAQS.

Note that ADEQ must update the 

Arkansas SIP in a timely manner each 

time the EPA promulgates a new 

NAAQS.

Particulate 

Pollution, 

PM2.5

71 FR 

61144

October 

17, 2006

Primary and 

secondary

Annual 15 

μg/m3

Annual mean, 

averaged over 

3 years

Chapter 9 Approvable as consistent with federal 

requirements at 40 CFR 50.13(a) and 

(b) only for the Arkansas PSD 
95

Table 12: Evaluation of Regulation 19, Appendix B EPA’s Evaluation

program. The remainder of the 

Arkansas SIP does not address the 

2006 PM2.5 NAAQS.

The ADEQ must update the Arkansas 

SIP in a timely manner each time the 

EPA promulgates a new NAAQS.

The new Regulation 19, Appendix B 

also does not address the 2012 PM 

NAAQS for either PSD or the 

remainder of the Arkansas SIP. Under 

CAA section 110(a)(1), the ADEQ has 

until December 14, 2015 to make a 

SIP submission addressing the 2012 

PM NAAQS requirements.

24-hour 35 

μg/m3

98th percentile, 

averaged over 

3 years

Chapter 9 Approvable as consistent with federal 

requirements at 40 CFR 50.13(c) only 

for the Arkansas PSD program. The 

remainder of the Arkansas SIP does 

not address the 2006 PM2.5 NAAQS.

Note that ADEQ must update the 

Arkansas SIP in a timely manner each 

time the EPA promulgates a new 

NAAQS.

Particle 

Pollution, 

PM10

71 FR 

61144

October 

17, 2006

Primary and 

secondary

24-hour 150 

μg/m3

Not to be 

exceeded more 

than once per 

year on 

average over 3 

years

All 

Chapters

Approvable as consistent with federal 

requirements at 40 CFR 50.6(a).

Note that ADEQ must update the 

Arkansas SIP in a timely manner each 

time the EPA promulgates a new 

NAAQS.

Sulfur 

Dioxide

75 FR 

35520

June 22, 

2010

Primary 1-hour 75 ppb 99th percentile 

of 1-hour daily 

maximum 

concentrations, 

averaged over 

3 years

Chapter 9 Approvable as consistent with federal 

requirements at 40 CFR 50.17(a) only 

for the Arkansas PSD program. The 

remainder of the Arkansas SIP does 

not address the 2010 SO2 NAAQS.
96

Table 12: Evaluation of Regulation 19, Appendix B EPA’s Evaluation

Note that ADEQ must update the 

Arkansas SIP in a timely manner each 

time the EPA promulgates a new 

NAAQS.

38 FR 

25678

September 

14, 1973

Secondary 3-hour 0.5 ppm Not to be 

exceeded more 

than once per 

year

All 

Chapters

Approvable as consistent with federal 

requirements at 40 CFR 50.5(a).

Note that ADEQ must update the 

Arkansas SIP in a timely manner each 

time the EPA promulgates a new 

NAAQS.

The analysis presented above in Table 12, demonstrates that the ADEQ has correctly incorporated the current NAAQS. However, we 

note that the ADEQ is responsible for updating the Arkansas SIP in a timely manner each time EPA promulgates a revised or new

NAAQS. Further, we note that the 1-hour NO2, 1-hr SO2, 8-hour ozone, and 2006 PM2.5 NAAQS are only adopted for the Arkansas 

PSD program. The ADEQ has no authority in the Arkansas Minor NSR program or elsewhere in the Arkansas SIP to implement the 

requirements of these new or revised NAAQS.
97

C. Evaluation of the September 10, 2014 SIP submittal with respect to the federal requirements for the regulation and 

permitting of PM2.5 emissions in the PSD Program

The following table evaluates the September 10, 2014 revisions to Regulation 19, Chapter 9 with respect to the federal requirements 

for PM2.5 PSD permitting as finalized and promulgated by EPA in two separate final rules: 1) the NSR PM2.5 Implementation Rule 

published on May 16, 2008 and 2) the PM2.5 Increment – SILs – SMC Rule published on October 20, 2010. This table will provide a 

comparison of the applicable federal requirement and the adopted revision to the Arkansas PSD program, along with EPA’s analysis 

of whether the provision is sufficient. 

Table 13: Requirements of the NSR PM2.5 Implementation Rule

Federal Requirements promulgated on May 

16, 2008

40 CFR 51.166. Prevention of Significant 

Deterioration of Air Quality.

Arkansas Revisions Adopted August 22, 2014

Submitted to EPA for parallel processing on 

September 10, 2014

EPA’s Evaluation

(b) * * *

(23)(i) Significant means, in reference

to a net emissions increase or the

potential of a source to emit any of the

following pollutants, a rate of emissions

that would equal or exceed any of the

following rates:

Pollutant and Emissions Rate

Carbon monoxide: 100 tons per year

(tpy)

Nitrogen oxides: 40 tpy

Sulfur dioxide: 40 tpy

Particulate matter: 25 tpy of particulate

matter emissions. 15 tpy of PM10

emissions

PM2.5: 10 tpy of direct PM2.5 emissions;

40 tpy of sulfur dioxide emissions; 40

tpy of nitrogen oxide emissions unless

demonstrated not to be a PM2.5

precursor under paragraph (b)(50) of

this section

Revisions adopted August 22, 2014; Submitted 

September 10, 2014

Regulation 19.904(A)

A. Except where manifestly inconsistent with the 

provisions of the Clean Air Act, as amended, 

or with federal regulations adopted pursuant 

thereto, and as amended specifically herein by 

paragraphs (B), (C), (D), (E), (F), and (G) of 

Reg. 19.904, the Arkansas Department of 

Environmental Quality shall have those 

responsibilities and that authority, with 

reference to the State of Arkansas, granted to 

the Administrator of the EPA under 40 CFR §

52.21 (a)(2) through (bb), as in effect on 

November 29, 2005, which are hereby 

incorporated herein by reference, with the 

exception of:

***

2. 40 CFR §§ 52.21(b)(23), 52.21(i)(5)(ii), 

and 52.21(i)(5)(iii), which are 

incorporated by reference as of May 16, 

2008;

The September 10, 2014 request for parallel 

processing satisfies this federal requirement. 

Regulation 19.904(A)(2) appropriately 

incorporates by reference the revisions to the 

definition of significant at 40 CFR 52.21(b)(23). 

Therefore the Arkansas SIP establishes significant 

emission rates for direct emissions of PM2.5 and its 

precursors.
98

Table 13: Requirements of the NSR PM2.5 Implementation Rule

Federal Requirements promulgated on May 

16, 2008

40 CFR 51.166. Prevention of Significant 

Deterioration of Air Quality.

Arkansas Revisions Adopted August 22, 2014

Submitted to EPA for parallel processing on 

September 10, 2014

EPA’s Evaluation

Ozone: 40 tpy of volatile organic

compounds or nitrogen oxides

Lead: 0.6 tpy

Fluorides: 3 tpy

Sulfuric acid mist: 7 tpy

Hydrogen sulfide (H2S): 10 tpy

Total reduced sulfur (including H2S): 10

tpy

Reduced sulfur compounds (including

H2S): 10 tpy

Municipal waste combustor organics

(measured as total tetra-through 

octachlorinated

dibenzo-p-dioxins and

dibenzofurans): 3.2 × 10–¥6

megagrams per year (3.5 × 10¥6 tons

per year)

Municipal waste combustor metals

(measured as particulate matter): 14

megagrams per year (15 tons per year)

Municipal waste combustor acid gases

(measured as sulfur dioxide and

hydrogen chloride): 36 megagrams per

year (40 tons per year)

Municipal solid waste landfill

emissions (measured as nonmethane

organic compounds): 45 megagrams

per year (50 tons per year)

(b) * * *

(49) * * *

(i) Any pollutant for which a national

Regulation 19.903 Definitions

B. “Regulated NSR Pollutant,” for purposes of 

this chapter means the following:

The September 10, 2014 request for parallel 

processing adds a new definition of “Regulated 

NSR Pollutant” This definition at Regulation 

19.903(B)(1) identifies the PM2.5 is a regulated 
99

Table 13: Requirements of the NSR PM2.5 Implementation Rule

Federal Requirements promulgated on May 

16, 2008

40 CFR 51.166. Prevention of Significant 

Deterioration of Air Quality.

Arkansas Revisions Adopted August 22, 2014

Submitted to EPA for parallel processing on 

September 10, 2014

EPA’s Evaluation

ambient air quality standard has been

promulgated and any pollutant

identified under this paragraph (b)(49)(i)

as a constituent or precursor to such

pollutant. Precursors identified by the

Administrator for purposes of NSR are

the following:

(a) Volatile organic compounds and

nitrogen oxides are precursors to ozone

in all attainment and unclassifiable

areas.

(b) Sulfur dioxide is a precursor to

PM2.5 in all attainment and

unclassifiable areas.

(c) Nitrogen oxides are presumed to

be precursors to PM2.5 in all attainment

and unclassifiable areas, unless the

State demonstrates to the

Administrator’s satisfaction or EPA

demonstrates that emissions of nitrogen

oxides from sources in a specific area

are not a significant contributor to that

area’s ambient PM2.5 concentrations.

(d) Volatile organic compounds are

presumed not to be precursors to PM2.5

in any attainment or unclassifiable area,

unless the State demonstrates to the

Administrator’s satisfaction or EPA

demonstrates that emissions of volatile

organic compounds from sources in a

specific area are a significant

1) Any pollutant for which a national 

ambient air quality standard has been 

adopted under Chapter 2 of this 

Regulation and any pollutant identified 

under this paragraph (B)(1) as a 

constituent or precursor for such 

pollutant. Precursors identified by the 

Department for purposes of NSR are the 

following:

a) Volatile organic compounds and 

nitrogen oxides are precursors to ozone 

in all attainment and unclassifiable 

areas.

b) Sulfur dioxide is a precursor to PM2.5 in 

all attainment and unclassifiable areas.

c) Nitrogen oxides are presumed to be 

precursors to PM2.5 in all attainment 

and unclassifiable areas, unless 

Arkansas demonstrates to the 

Administrator’s satisfaction or EPA 

demonstrates that emissions of nitrogen 

oxides from sources in a specific area 

are not a significant contributor to that 

area’s ambient PM2.5 concentrations.

d) Volatile organic compounds are 

presumed not to be precursors to PM2.5

in any attainment or unclassifiable area, 

unless Arkansas demonstrates to the 

Administrator’s satisfaction or EPA 

demonstrates that emissions of volatile 

organic compounds from sources in a 

specific area are a significant 

contributor to that area’s ambient PM2.5

concentrations.

pollutant for PSD under the Arkansas SIP and 

identifies the appropriate precursors of PM2.5 

consistent with the requirements of 40 CFR 

51.166(b)(49)(i).
100

Table 13: Requirements of the NSR PM2.5 Implementation Rule

Federal Requirements promulgated on May 

16, 2008

40 CFR 51.166. Prevention of Significant 

Deterioration of Air Quality.

Arkansas Revisions Adopted August 22, 2014

Submitted to EPA for parallel processing on 

September 10, 2014

EPA’s Evaluation

contributor to that area’s ambient PM2.5

concentrations.

2) Any pollutant that is subject to any 

standard promulgated under Section 111 

of the Act as of July 27, 2012;

3) Any Class I or II substance subject to a 

standard promulgated under or established 

by Title VI of the Act;

4) Any pollutant that otherwise is subject to 

regulation under the Act;

5) Notwithstanding paragraphs (B)(1) 

through (4) of this section, the term 

regulated NSR pollutant shall not include 

any or all hazardous air pollutants either 

listed in Section 112 of the Act, or added 

to the list pursuant to Section 112(b)(2) of 

the Act, and which have not been delisted 

pursuant to Section 112(b)(3) of the Act, 

unless the listed hazardous air pollutant is 

also regulated as a constituent or 

precursor of a general pollutant listed 

under Section 108 of the Act as of July 

27, 2012; and

6) PM2.5 and PM10 emissions shall include 

gaseous emissions from a source or 

activity, which condense to form 

particulate matter at ambient 

temperatures. As of the effective date of 

the rulemaking action initiated by the 

Commission on September 28, 2012, such 

condensable particulate matter shall be 

accounted for in applicability 

determinations and in establishing 

emissions limitations for PM2.5 and PM10

in PSD permits. Compliance with 

emissions limitations for PM2.5 and PM10

issued prior to this date shall not be based 
101

Table 13: Requirements of the NSR PM2.5 Implementation Rule

Federal Requirements promulgated on May 

16, 2008

40 CFR 51.166. Prevention of Significant 

Deterioration of Air Quality.

Arkansas Revisions Adopted August 22, 2014

Submitted to EPA for parallel processing on 

September 10, 2014

EPA’s Evaluation

on condensable particulate matter unless 

required by the terms and conditions of 

the permit or the applicable 

implementation plan. Applicability 

determinations made prior to this date 

without accounting for condensable 

particulate matter shall not be considered 

in violation of this chapter.

Promulgated by EPA initially on May 16, 

2008 as 40 CFR 51.166(b)(49)(vi) * * *

(vi) Particulate matter (PM) 

emissions, PM2.5 emissions, and 

PM10 emissions shall include 

gaseous emissions from a source or 

activity which condense to form 

particulate matter at ambient

temperatures. On or after January 1,

2011 (or any earlier date established 

in the upcoming rulemaking 

codifying test methods), such 

condensable particulate matter shall 

be accounted for in applicability 

determinations and in establishing 

emissions limitations for PM, PM2.5 

and PM10 in PSD permits.

Compliance with emissions 

limitations for PM, PM2.5 and PM10 

issued prior to this date shall not be 

based on condensable particular 

matter unless required by the terms 

Regulation 19.903 Definitions

B. “Regulated NSR Pollutant,” for purposes of 

this chapter means the following:

***

6) PM2.5 and PM10 emissions shall include 

gaseous emissions from a source or 

activity, which condense to form 

particulate matter at ambient 

temperatures. As of the effective date of 

the rulemaking action initiated by the 

Commission on September 28, 2012, such 

condensable particulate matter shall be 

accounted for in applicability 

determinations and in establishing 

emissions limitations for PM2.5 and PM10

in PSD permits. Compliance with 

emissions limitations for PM2.5 and PM10

issued prior to this date shall not be based 

on condensable particulate matter unless 

required by the terms and conditions of 

the permit or the applicable 

implementation plan. Applicability 

determinations made prior to this date 

without accounting for condensable 

The September 10, 2014 request for parallel 

processing satisfies this federal requirement to 

include condensable emissions in the PSD 

program. The ADEQ adopted a provision 

consistent with the condensable requirements at 40 

CFR 51.166(b)(49)(i)(a) as promulgated by EPA 

on October 25, 2012. See77 FR 65107.
102

Table 13: Requirements of the NSR PM2.5 Implementation Rule

Federal Requirements promulgated on May 

16, 2008

40 CFR 51.166. Prevention of Significant 

Deterioration of Air Quality.

Arkansas Revisions Adopted August 22, 2014

Submitted to EPA for parallel processing on 

September 10, 2014

EPA’s Evaluation

and conditions of the permit or the 

applicable implementation plan. 

Applicability determinations made 

prior to this date without accounting 

for condensable particular matter 

shall not be considered in violation of 

this section unless the applicable 

implementation plan required 

condensable particular matter to be 

included.

However, EPA corrected a mistake in the 

final May 16, 2008, rule that inadvertently 

made the condensable provisions more 

stringent by including PM emissions. The 

correction was finalized on October 25, 2012 

at 40 CFR 51.166(b)(49)(***)

(i) Any pollutant for which a national ambient 

air quality standard has been promulgated, 

This includes, but is not limited to, the 

following:

(a) PM2.5 emissions and PM10 emissions shall 

include gaseous emissions from a source or 

activity which condense to form particulate 

matter at ambient temperatures. On or after 

January 1, 2011 (or any earlier date 

established in the upcoming rulemaking 

codifying test methods), such condensable 

particulate matter shall be accounted for in

applicability determinations and in

particulate matter shall not be considered 

in violation of this chapter.
103

Table 13: Requirements of the NSR PM2.5 Implementation Rule

Federal Requirements promulgated on May 

16, 2008

40 CFR 51.166. Prevention of Significant 

Deterioration of Air Quality.

Arkansas Revisions Adopted August 22, 2014

Submitted to EPA for parallel processing on 

September 10, 2014

EPA’s Evaluation

establishing emissions limitations for PM2.5 

and PM10 in PSD permits. Compliance with 

emissions limitations for PM2.5 and PM10 

issued prior to this date shall not be based on

condensable particular matter unless required 

by the terms and conditions of the permit or 

the applicable implementation plan. 

Applicability determinations made prior to 

this date without accounting for condensable

particular matter shall not be considered in 

violation of this section unless the applicable 

implementation plan required condensable 

particular matter to be included.

(i) * * *

(5) * * *

(ii) The concentrations of the

pollutant in the area that the source or

modification would affect are less than

the concentrations listed in paragraph

(i)(5)(i) of this section; or

(iii) The pollutant is not listed in

paragraph (i)(5)(i) of this section.

Revisions adopted August 22, 2014; Submitted 

September 10, 2014

Regulation 19.904(A)

A. Except where manifestly inconsistent with the 

provisions of the Clean Air Act, as amended, 

or with federal regulations adopted pursuant 

thereto, and as amended specifically herein by 

paragraphs (B), (C), (D), (E), (F), and (G) of 

Reg. 19.904, the Arkansas Department of 

Environmental Quality shall have those 

responsibilities and that authority, with 

reference to the State of Arkansas, granted to 

the Administrator of the EPA under 40 CFR §

52.21 (a)(2) through (bb), as in effect on 

November 29, 2005, which are hereby 

incorporated herein by reference, with the 

exception of:

***

2. 40 CFR §§ 52.21(b)(23), 52.21(i)(5)(ii), 

and 52.21(i)(5)(iii), which are 

The September 10, 2014 request for parallel 

processing satisfies this federal requirement. 

Regulation 19.904(A)(2) appropriately 

incorporates by reference the revisions to 40 CFR 

52.21(i)(5)(ii) and (ii).
104

Table 13: Requirements of the NSR PM2.5 Implementation Rule

Federal Requirements promulgated on May 

16, 2008

40 CFR 51.166. Prevention of Significant 

Deterioration of Air Quality.

Arkansas Revisions Adopted August 22, 2014

Submitted to EPA for parallel processing on 

September 10, 2014

EPA’s Evaluation

incorporated by reference as of May 16, 

2008;

Table 14: Requirements of the PM2.5 PSD Increments – SILs – SMC Rule

Federal Requirements promulgated on October 20, 

2010

40 CFR 51.166. Prevention of Significant 

Deterioration of Air Quality.

Arkansas Revisions Pending May 30, 

20104

EPA’s Evaluation

(b) * * *

(15)(i) Baseline area means any intrastate area (and 

every part thereof) designated as attainment or 

unclassifiable under section 107(d)(1)(A)(ii) or (iii) of 

the Act in which the major source or major

modification establishing the minor source baseline date 

would construct or would have an air quality impact for 

the pollutant for which the baseline date is established, as 

follows: Equal to or greater than 1 g/m3 (annual 

average) for SO2, NO2, or PM10; or equal or greater 

than 0.3 g/m3 (annual average) for PM2.5.

Regulation 19.904(A)

A. Except where manifestly inconsistent with 

the provisions of the Clean Air Act, as 

amended, or with federal regulations 

adopted pursuant thereto, and as amended 

specifically herein by paragraphs (B), (C), 

(D), (E), (F), and (G) of Reg. 19.904, the 

Arkansas Department of Environmental 

Quality shall have those responsibilities 

and that authority, with reference to the 

State of Arkansas, granted to the 

Administrator of the EPA under 40 CFR § 

52.21 (a)(2) through (bb), as in effect on 

November 29, 2005, which are hereby 

incorporated herein by reference, with the 

exception of:

***

3. 40 CFR §§ 52.21(b)(14)(i) [Major 

Source Baseline Date], 

52.21(b)(14)(ii) [Minor Source 

Baseline Date], 52.21(b)(14)(iii), 

52.21(b)(15) [Baseline Area], 52.21(c) 

[Ambient Air Increments], 52.21(k)(1) 

[Source Impact Analysis 

The September 10, 2014 request for parallel 

processing satisfies this federal requirement. 

Regulation 19.904(A)(3) appropriately 

incorporates by reference the revisions to 

baseline area at 40 CFR 52.21(b)(15) necessary 

to implement the PM2.5 PSD increments.
105

Table 14: Requirements of the PM2.5 PSD Increments – SILs – SMC Rule

Federal Requirements promulgated on October 20, 

2010

40 CFR 51.166. Prevention of Significant 

Deterioration of Air Quality.

Arkansas Revisions Pending May 30, 

20104

EPA’s Evaluation

Requirements], and 52.21(p) 

[Requirements for Sources Impacting 

Federal Class I areas], which are 

incorporated herein by reference as of 

October 20, 2010;

(b) * * *

(14)

(i) Major source baseline date means:

( a ) In the case of PM10and sulfur dioxide, 

January 6, 1975;

( b ) In the case of nitrogen dioxide, 

February 8, 1988; and

( c ) In the case of PM2.5,October 20, 2010.

Regulation 19.904(A)

A. Except where manifestly inconsistent with 

the provisions of the Clean Air Act, as 

amended, or with federal regulations 

adopted pursuant thereto, and as amended 

specifically herein by paragraphs (B), (C), 

(D), (E), (F), and (G) of Reg. 19.904, the 

Arkansas Department of Environmental 

Quality shall have those responsibilities 

and that authority, with reference to the 

State of Arkansas, granted to the 

Administrator of the EPA under 40 CFR § 

52.21 (a)(2) through (bb), as in effect on 

November 29, 2005, which are hereby 

incorporated herein by reference, with the 

exception of:

***

3. 40 CFR §§ 52.21(b)(14)(i) [Major 

Source Baseline Date], 

52.21(b)(14)(ii) [Minor Source 

Baseline Date], 52.21(b)(14)(iii), 

52.21(b)(15) [Baseline Area], 52.21(c) 

[Ambient Air Increments], 52.21(k)(1) 

[Source Impact Analysis 

Requirements], and 52.21(p) 

[Requirements for Sources Impacting 

Federal Class I areas], which are 

The September 10, 2014 request for parallel 

processing satisfies this federal requirement. 

Regulation 19.904(A)(3) appropriately 

incorporates by reference the revisions to 40 

CFR 52.21(b)(14)(i) necessary to implement 

the PM2.5 PSD increments.
106

Table 14: Requirements of the PM2.5 PSD Increments – SILs – SMC Rule

Federal Requirements promulgated on October 20, 

2010

40 CFR 51.166. Prevention of Significant 

Deterioration of Air Quality.

Arkansas Revisions Pending May 30, 

20104

EPA’s Evaluation

incorporated herein by reference as of 

October 20, 2010;

(b) * * *

(14) * * *

(ii) Minor source baseline date means the 

earliest date after the trigger date on which a 

major stationary source or a major modification 

subject to 40 CFR 52.21 or to regulations 

approved pursuant to 40 CFR 51.166 submits a 

complete application under the relevant 

regulations. The trigger date is:

(a) In the case of PM10 and sulfur dioxide, 

August 7, 1977; 

(b) In the case of nitrogen dioxide, 

February 8, 1988; and

In the case of PM2.5, October 20, 2011.

Regulation 19.904(A)

A. Except where manifestly inconsistent with 

the provisions of the Clean Air Act, as 

amended, or with federal regulations 

adopted pursuant thereto, and as amended 

specifically herein by paragraphs (B), (C), 

(D), (E), (F), and (G) of Reg. 19.904, the 

Arkansas Department of Environmental 

Quality shall have those responsibilities 

and that authority, with reference to the 

State of Arkansas, granted to the 

Administrator of the EPA under 40 CFR §

52.21 (a)(2) through (bb), as in effect on 

November 29, 2005, which are hereby 

incorporated herein by reference, with the 

exception of:

***

3. 40 CFR §§ 52.21(b)(14)(i) [Major 

Source Baseline Date], 

52.21(b)(14)(ii) [Minor Source 

Baseline Date], 52.21(b)(14)(iii), 

52.21(b)(15) [Baseline Area], 52.21(c) 

[Ambient Air Increments], 52.21(k)(1) 

[Source Impact Analysis 

Requirements], and 52.21(p) 

[Requirements for Sources Impacting 

Federal Class I areas], which are 

incorporated herein by reference as of 

October 20, 2010;

The September 10, 2014 request for parallel 

processing satisfies this federal requirement. 

Regulation 19.904(A)(3) appropriately 

incorporates by reference the revisions to 40 

CFR 52.21(b)(14)(ii) necessary to implement 

the PM2.5 PSD increments.
107

Table 14: Requirements of the PM2.5 PSD Increments – SILs – SMC Rule

Federal Requirements promulgated on October 20, 

2010

40 CFR 51.166. Prevention of Significant 

Deterioration of Air Quality.

Arkansas Revisions Pending May 30, 

20104

EPA’s Evaluation

(b) * * * 

(14) * * *

(iii) The baseline date is established for each 

pollutant for which increments or other 

equivalent measures have been established if:

(a) The area in which the proposed 

source or modification would construct 

is designated as attainment or 

unclassifiable under section 

107(d)(1)(A)(ii) or (iii) of the Act for 

the pollutant on the date of its 

complete application under 40 CFR 

52.21 or under regulations approved 

pursuant to 40 CFR 51.166; and

Regulation 19.904(A)

A. Except where manifestly inconsistent with 

the provisions of the Clean Air Act, as 

amended, or with federal regulations 

adopted pursuant thereto, and as amended 

specifically herein by paragraphs (B), (C), 

(D), (E), (F), and (G) of Reg. 19.904, the 

Arkansas Department of Environmental 

Quality shall have those responsibilities 

and that authority, with reference to the 

State of Arkansas, granted to the 

Administrator of the EPA under 40 CFR § 

52.21 (a)(2) through (bb), as in effect on 

November 29, 2005, which are hereby 

incorporated herein by reference, with the 

exception of:

***

3. 40 CFR §§ 52.21(b)(14)(i) [Major 

Source Baseline Date], 

52.21(b)(14)(ii) [Minor Source 

Baseline Date], 52.21(b)(14)(iii), 

52.21(b)(15) [Baseline Area], 52.21(c) 

[Ambient Air Increments], 52.21(k)(1) 

[Source Impact Analysis 

Requirements], and 52.21(p) 

[Requirements for Sources Impacting 

Federal Class I areas], which are 

incorporated herein by reference as of 

October 20, 2010;

The September 10, 2014 request for parallel 

processing satisfies this federal requirement. 

Regulation 19.904(A)(3) appropriately 

incorporates by reference the revisions to 40 

CFR 52.21(b)(14)(iii) necessary to implement 

the PM2.5 PSD increments.

(c) Ambient air increments and other measures. Regulation 19.904(A) The September 10, 2014 request for parallel 

processing satisfies this federal requirement to 
108

Table 14: Requirements of the PM2.5 PSD Increments – SILs – SMC Rule

Federal Requirements promulgated on October 20, 

2010

40 CFR 51.166. Prevention of Significant 

Deterioration of Air Quality.

Arkansas Revisions Pending May 30, 

20104

EPA’s Evaluation

(1) The plan shall contain emission limitations and such 

other measures as may be necessary to assure that in 

areas designated as Class I, II, or III, increases in 

pollutant concentrations over the baseline concentration 

shall be limited to the following:

Pollutant Maximum Allowable 

Increase 

(Micrograms per 

Cubic Meter)1 

Class I

Particulate matter: 

PM2.5, annual 

arithmetic mean 

PM2.5, 24-hr 

maximum 

PM10, annual 

arithmetic mean 

PM10, 24-hr 

maximum 

1 

2 

4 

8 

Sulfur dioxide: 

Annual arithmetic 

mean 

24-hr maximum 

3-hr maximum 

2 

5 

25 

Nitrogen dioxide: 

Annual arithmetic 

mean 

2.5 

Class II

Particulate matter: 

PM2.5, annual 

arithmetic mean 

PM2.5, 24-hr 

maximum 

4 

9 

17 

A. Except where manifestly inconsistent with 

the provisions of the Clean Air Act, as 

amended, or with federal regulations 

adopted pursuant thereto, and as amended 

specifically herein by paragraphs (B), (C), 

(D), (E), (F), and (G) of Reg. 19.904, the 

Arkansas Department of Environmental 

Quality shall have those responsibilities 

and that authority, with reference to the 

State of Arkansas, granted to the 

Administrator of the EPA under 40 CFR § 

52.21 (a)(2) through (bb), as in effect on 

November 29, 2005, which are hereby 

incorporated herein by reference, with the 

exception of:

***

3. 40 CFR §§ 52.21(b)(14)(i) [Major 

Source Baseline Date], 

52.21(b)(14)(ii) [Minor Source 

Baseline Date], 52.21(b)(14)(iii), 

52.21(b)(15) [Baseline Area], 52.21(c) 

[Ambient Air Increments], 52.21(k)(1) 

[Source Impact Analysis 

Requirements], and 52.21(p) 

[Requirements for Sources Impacting 

Federal Class I areas], which are 

incorporated herein by reference as of 

October 20, 2010;

establish the PM2.5 PSD increments. Regulation 

19.904(A)(3) appropriately incorporates by 

reference the PM2.5 PSD increments at 40 CFR 

52.21(c).
109

Table 14: Requirements of the PM2.5 PSD Increments – SILs – SMC Rule

Federal Requirements promulgated on October 20, 

2010

40 CFR 51.166. Prevention of Significant 

Deterioration of Air Quality.

Arkansas Revisions Pending May 30, 

20104

EPA’s Evaluation

PM10, annual 

arithmetic mean 

PM10, 24-hr 

maximum 

30 

Sulfur dioxide: 

Annual arithmetic 

mean 

24-hr maximum 

3-hr maximum 

20 

91 

512 

Nitrogen dioxide: 

Annual arithmetic 

mean 

25 

Class III

Particulate matter: 

PM2.5, annual 

arithmetic mean 

PM2.5, 24-hr 

maximum 

PM10, annual 

arithmetic mean 

PM10, 24-hr 

maximum 

8 

18 

34 

60 

Sulfur dioxide: 

Annual arithmetic 

mean 

24-hr maximum 

3-hr maximum 

40 

182 

700 

Nitrogen dioxide: 

Annual arithmetic 

mean 

50 

1 For any period other than an annual period, the 

applicable maximum allowable increase may be 

exceeded during one such period per year at any 

one location. 
110

Table 14: Requirements of the PM2.5 PSD Increments – SILs – SMC Rule

Federal Requirements promulgated on October 20, 

2010

40 CFR 51.166. Prevention of Significant 

Deterioration of Air Quality.

Arkansas Revisions Pending May 30, 

20104

EPA’s Evaluation

(i) Exemptions

* * * 

(5) The plan may provide that the reviewing authority 

may exempt a proposed major stationary source or major 

modification from the requirements of paragraph (m) of 

this section, with respect to monitoring for a particular 

pollutant, if:

(i) The emissions increase of the pollutant from a 

new stationary source or the net emissions increase of 

the pollutant from a modification would cause, in any 

area, air quality impacts less than the following 

amounts:

( a ) Carbon monoxide—575 ug/m3, 8-hour 

average;

( b ) Nitrogen dioxide—14 ug/m3, annual 

average; 

( c ) PM2.5–4 μg/m3, 24-hour average;

( d ) PM10–10 μg/m3, 24-hour average;

( e ) Sulfur dioxide—13 ug/m3, 24-hour 

average;

( f ) Ozone;1 1 No de minimis air quality level is 

provided for ozone. However, any net emissions 

increase of 100 tons per year or more of volatile 

organic compounds or nitrogen oxides subject 

to PSD would be required to perform an 

ambient impact analysis, including the 

gathering of air quality data. 

( g ) Lead—0.1 μg/m3, 3-month average. 

( h ) Fluorides—0.25 μg/m3, 24-hour average; 

( i ) Total reduced sulfur—10 μg/m3, 1-hour 

average 

( j ) Hydrogen sulfide—0.2 μg/m3, 1-hour 

average; 

( k ) Reduced sulfur compounds—10 μg/m3, 1-

hour average; or

Regulation 19.904(A)

A. Except where manifestly inconsistent with 

the provisions of the Clean Air Act, as 

amended, or with federal regulations 

adopted pursuant thereto, and as amended 

specifically herein by paragraphs (B), (C), 

(D), (E), (F), and (G) of Reg. 19.904, the 

Arkansas Department of Environmental 

Quality shall have those responsibilities 

and that authority, with reference to the 

State of Arkansas, granted to the 

Administrator of the EPA under 40 CFR § 

52.21 (a)(2) through (bb), as in effect on 

November 29, 2005, which are hereby 

incorporated herein by reference, with the 

exception of:

The ADEQ PSD SIP incorporates by references 

40 CFR 52.21(i) as in effect on November 20, 

2005. The EPA removed the PM2.5 SMC at the 

instruction of the Court in 2014. Therefore the 

approved Arkansas SIP does not include the 

SMC for PM2.5
111

Table 14: Requirements of the PM2.5 PSD Increments – SILs – SMC Rule

Federal Requirements promulgated on October 20, 

2010

40 CFR 51.166. Prevention of Significant 

Deterioration of Air Quality.

Arkansas Revisions Pending May 30, 

20104

EPA’s Evaluation

(k) Source impact analysis—

(1) Required demonstration. The plan shall 

provide that the owner or operator of the 

proposed source or modification shall 

demonstrate that allowable emission increases 

from the proposed source or modification, in 

conjunction with all other applicable emissions 

increases or reduction (including secondary 

emissions), would not cause or contribute to air 

pollution in violation of:

(i) Any national ambient air quality 

standard in any air quality control region; 

or

(ii) Any applicable maximum allowable 

increase over the baseline concentration in 

any area.

(2) Significant impact levels. The plan may 

provide that, for purposes of PM2.5, the 

demonstration required in paragraph (k)(1) of 

this section is deemed to have been made if the 

emissions increase from the new stationary 

source alone or from the modification alone 

would cause, in all areas, air quality impacts 

less than the following amounts:

Pollutant Avg. 

Time

Class I 

Area

Class II 

Area

Class III 

Area

PM2.5 Annual 0.06 

24-

hour

0.07 1.2 1.2 

Regulation 19.904(A)(3)

A. Except where manifestly inconsistent with 

the provisions of the Clean Air Act, as 

amended, or with federal regulations 

adopted pursuant thereto, and as amended 

specifically herein by paragraphs (B), (C), 

(D), (E), (F), and (G) of Reg. 19.904, the 

Arkansas Department of Environmental 

Quality shall have those responsibilities 

and that authority, with reference to the 

State of Arkansas, granted to the 

Administrator of the EPA under 40 CFR § 

52.21 (a)(2) through (bb), as in effect on 

November 29, 2005, which are hereby 

incorporated herein by reference, with the 

exception of:

***

3. 40 CFR §§ 52.21(b)(14)(i) [Major 

Source Baseline Date], 

52.21(b)(14)(ii) [Minor Source 

Baseline Date], 52.21(b)(14)(iii), 

52.21(b)(15) [Baseline Area], 52.21(c) 

[Ambient Air Increments], 52.21(k)(1) 

[Source Impact Analysis 

Requirements], and 52.21(p) 

[Requirements for Sources Impacting 

Federal Class I areas], which are 

incorporated herein by reference as of

October 20, 2010;

The September 10, 2014 request for parallel 

processing satisfies this federal requirement. 

Regulation 19.904(A)(3) appropriately 

incorporates by reference the revisions to 40 

CFR 52.21(k)(1) and does not incorporate the 

now vacated and reserved provisions at 

52.21(k)(2).

(p) Sources impacting Federal Class I areas—additional 

requirements

* * * 

Regulation 19.904(A)(3) The September 10, 2014 request for parallel 

processing satisfies this federal requirement. 

Regulation 19.904(A)(3) appropriately 
112

Table 14: Requirements of the PM2.5 PSD Increments – SILs – SMC Rule

Federal Requirements promulgated on October 20, 

2010

40 CFR 51.166. Prevention of Significant 

Deterioration of Air Quality.

Arkansas Revisions Pending May 30, 

20104

EPA’s Evaluation

(4) Class I Variances. The plan may provide that the 

owner or operator of a proposed source or modification 

may demonstrate to the Federal Land Manager that the 

emissions from such source would have no adverse 

impact on the air quality related values of such lands 

(including visibility), notwithstanding that the change in 

air quality resulting from emissions from such source or 

modification would cause or contribute to concentrations 

which would exceed the maximum allowable increases 

for a Class I area. If the Federal land manager concurs 

with such demonstration and so certifies to the State, the 

reviewing authority may: Provided, That applicable 

requirements are otherwise met, issue the permit with 

such emission limitations as may be necessary to assure 

that emissions of sulfur dioxide, PM2.5, PM10, and 

nitrogen oxides would not exceed the following 

maximum allowable increases over minor source 

baseline concentration for such pollutants:

Pollutant Maximum Allowable 

Increase

(Micrograms per 

cubic meter)

Particulate matter: 

PM2.5, annual 

arithmetic mean 

PM2.5, 24-hr 

maximum 

PM10, annual 

arithmetic mean 

PM10, 24-hr 

maximum 

4

9

17

30

Sulfur dioxide: 

Annual arithmetic 

mean 

20

B. Except where manifestly inconsistent with 

the provisions of the Clean Air Act, as 

amended, or with federal regulations 

adopted pursuant thereto, and as amended 

specifically herein by paragraphs (B), (C), 

(D), (E), (F), and (G) of Reg. 19.904, the 

Arkansas Department of Environmental 

Quality shall have those responsibilities 

and that authority, with reference to the 

State of Arkansas, granted to the 

Administrator of the EPA under 40 CFR § 

52.21 (a)(2) through (bb), as in effect on 

November 29, 2005, which are hereby 

incorporated herein by reference, with the 

exception of:

***

4. 40 CFR §§ 52.21(b)(14)(i) [Major 

Source Baseline Date], 

52.21(b)(14)(ii) [Minor Source 

Baseline Date], 52.21(b)(14)(iii), 

52.21(b)(15) [Baseline Area], 52.21(c) 

[Ambient Air Increments], 52.21(k)(1) 

[Source Impact Analysis 

Requirements], and 52.21(p) 

[Requirements for Sources Impacting 

Federal Class I areas], which are 

incorporated herein by reference as of 

October 20, 2010;

incorporates by reference the revisions to 40 

CFR 52.21(p ‘Requirements for sources 

Impacting Federal Class I Areas’ as of October 

20, 2010.
113

Table 14: Requirements of the PM2.5 PSD Increments – SILs – SMC Rule

Federal Requirements promulgated on October 20, 

2010

40 CFR 51.166. Prevention of Significant 

Deterioration of Air Quality.

Arkansas Revisions Pending May 30, 

20104

EPA’s Evaluation

24-hr maximum 

3-hr maximum 

91

325

Nitrogen dioxide: 

Annual arithmetic 

mean 

25
114

IV. Conclusion

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

of the CAA and 40 CFR Parts 51 and 52 to the proposed revisions to the Arkansas SIP submitted 

on July 26, 2010, November 6, 2012, and the parallel processing request on September 10, 2014. 

The EPA’s analysis found that the proposed revisions to the Arkansas SIP for the regulation and 

permitting of PM2.5 emissions through the Arkansas PSD program are consistent with the CAA 

and EPA’s regulations. The EPA has also analyzed numerous revisions to the remainder of the 

Arkansas SIP to correct formatting, grammar, and incorporation by reference dates. These 

revisions are also approvable. Therefore, it is recommended that EPA publish a proposed 

approval of the July 26, 2010, November 6, 2012, and September 10, 2014 proposed revisions 

under section 110 and part C of the Act.

It is recommended that EPA propose approval of the following revisions to the Arkansas SIP:

 Revisions to Regulation 19, Chapter 1 submitted on July 26, 2010, and November 6, 

2012

 Revisions to Regulation 19, Chapter 2 submitted on July 26, 2010, November 6, 2012, 

and September 10, 2014, with the exception of the GHG Biomass Deferral language 

submitted to the definition of CO2e on November 6, 2012

 Revision to Regulation 19, Chapter 3 submitted on July 26, 2010, and September 10, 

2014

 Revisions to Regulation 19, Chapter 5 submitted on July 26, 2010, and September 10, 

2014

 Revisions to Regulation 19, Chapter 6 submitted on July 26, 2010

 Revisions to Regulation 19, Chapter 7 submitted on July 26, 2010

 Revisions to Regulation 19, Chapter 9 submitted on September 10, 2014

 Revisions to Regulation 19, Chapter 10 submitted on July 26, 2010

 Revisions to Regulation 19, Chapter 11 submitted on July 26, 2010

 Revisions to Regulation 19, Chapter 13 submitted on July 26, 2010

 New Regulation 19, Appendix B submitted on September 10, 2014

For the reasons presented in this TSD, EPA is taking no action at this time on the following 

revisions to the Arkansas SIP:

 Revisions to Regulation 9, Chapter 5 submitted on November 6, 2012

 Revisions to Regulation 19, Chapter 2 submitted on November 6, 2012, specific to the 

GHG Biomass Deferral Provision in the definition of CO2e

 Revisions to Regulation 19, Chapter 4 submitted on July 26, 2010, and November 6, 

2012

 Revisions to Regulation 19, Chapter 9 submitted on January 7, 2014

 Revisions to Regulation 19, Appendix A submitted on July 26, 2010, and November 6, 

2012
115

 Revisions to Regulation 26, Chapter 3 submitted on November 6, 2012

 Revisions to Regulation 26, Chapter 4 submitted on November 6, 2012