# Technical Support Document

– October 27 , 2014 Revisions to the Arkansas State Implementation Plan

Submitted on July 26, 2010 with Clar ifying 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

– Ge neral 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

– Preven tion 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), 14 45 Ross Avenue, Suite 1200, Dallas, Texas 75202

- 2733, (214) 665

- 2115.

### 2



# 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 tim e

................................ ..................... 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 Regu lation 19, Chapter 5

– General Limitations Applicable to Equipment.

................................ ................................ ................................ .................. 36

5. Evaluation of Regulation 19, Chapter 6

– Upset and Emerg ency 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. Ev aluation 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 PM 2.5 

### e missions in the PSD Program

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

IV. Conclusion

................................ ................................ ................................ ................... 114

### 3



# 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 wi ll determine if the pending revisions to
the Arkansas SIP are consistent with the requirements of the C lean A ir A ct 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 revi sion 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 le tter 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

s ubmittal that were adopted on Dec ember 5, 2008, effective January 25, 2009:

 N on

- 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 “PM 2.5 

### ” and
“Title I modification” and to revise the definition of “V olatile organic compounds

. ” Non

substantive 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 c larify

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

### 4

On June 22, 2012 , the APC&EC adopt ed revisions to Regulation 9

– Permit Fee Regulations

, R egulation 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 adopt ed 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, 201 2

, 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 S eptember 10, 2014 request for parallel processing:

 Substantive revisions to Regulation 19, Chapter 2 to add a new definition for “ PM 2.5 

### emissions” and to revise existing definitions for “NAAQS”, “particulate matter emissions”, “ PM 2.5 

### ”, 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

PM 2.5 

### and its precursors through the Arkansas PSD program

.

 New Regulation 19, Appendix B to pr ovide 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 approve d revisions to the Arkansas Clean Air Interstate Rule (CAIR)
NO X 

### 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 adopte d 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.

### 5

 EPA has previously approved t he 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 Ju ly 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 PM 2.5 

### and its precursors. We are
als o 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 NS R Program. Therefore, EPA is taking no action on the s ubstantive 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; a nd Reg. 19.417

– Registration; and the n on

- substantive revisions to correct formatting , clarify the incorporation by reference dates, and clarify acronyms.
We note that the revisions to the Arkansas M inor 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 wer e 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 Regu lation 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 pr ovisions on which we are review ing and acting can operate independent of the fee provisions. Therefo re, 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

### 6 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

- subst antive 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 N SR 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 t he 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 submitt al 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 S tates 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 separ ate action at a later date.



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

Table 1: Summary of the I ndividual 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.

### 7

Table 1: Summary of the I ndividual 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
addre sses 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 S am pling, 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

### 8

Table 1: Summary of the I ndividual 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 t his
TSD and action. Regulation 19, Chapter 14 CAIR NO X 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 Insignif i cant 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; S everable from provisions for Title I SIP purposes,
Revisions to
Arkansas Title V

program to address GHG permitting
under Title V. Regulation 26, Chap ter 4 Applications for

Permits November 6, 2012 June 22, 2012 and October 26, 2012 No action at this

time; S everable from provisions for Title I SIP purposes,
Revisions to
Arkansas Title V

program to address GHG permitting
under Title V.

### 9



# II. Technical Review of State Submittal s

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 SIP

approved 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, includin g 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 h earing. 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 c hapter.
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/text

idx?c=ecfr&sid=07e214c52bbfc82a2781e3e14c7616ca&rgn=d iv8&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/text

idx?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 Regul ations: http://ecfr.gpoaccess.gov/cgi/t/text/text

idx?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 id entified 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 SIP

approved definiti ons 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 d etermine whether the submitted revisions will enable the AR PSD program to regulate and permit
emissions of PM 2.5 

### and its precursors in accordance with federal requirements. This analysis

### 10

produces a written evaluation used to make a determination of whethe r 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 operati on 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 completenes s 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 su bmitted 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 comple te 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.

### 11 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 o f 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 regulation s, 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.

Becau se 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 hearin g 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 practic able.

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 f or administration.”

### 12

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 sh all 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 t he 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 pa rallel 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 acco rdance 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 inclu ded.

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 PM

2.5 

### and its precursors consistent with feder al requirements. The Arkansas

### 13

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 loca tions 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

emissi ons of PM

2.5 

### 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 th e 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 demonstra tion 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

sta ndards 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.

### 14

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
Arkans as 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 e mission 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 e stablished 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 e mission
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 proc essing 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 f or 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; parall el 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 s ubmitted 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 grant ed 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 fol lowing 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 mat rix 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 Reg ulation 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 A DEQ on December 3, 2004

, submitted to EPA on February 3, 2005

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

.

 A DEQ has submitted two r evisions 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 J uly 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. Revi sion 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 2 5, 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 non

substantive corrections for formatting and the inclusion of an incorporation by

reference da te. 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 fede ral 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 s ubparts 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 requireme nts 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

S ignificant 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 ma ndated 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. Regu lation 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 th at 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 enfo rceable.

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 maintainin g 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 m anifestly 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 Regul ation 19, Chapter 2

– Definitions

.

Background of Regulation 19, Chapter 2

– Definitions

.

 The Arkansas SIP includes Regulation 19, Chapter 2 , as adopted by the A DEQ on December 3, 2004

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

.

 A DEQ has submitted three r evisions 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

– Definiti ons 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 EP

A 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 o peration 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 publish ed at Table A

- 1 to S ubpart 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 o f 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 subpa rt 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.

Additiona lly, the biomass deferral

### 21

Table 3 : Evaluation of Revisions to Regulation 19, Chapter 2

– Definiti ons 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 o f 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 liq uids 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 t o 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 microorganism s (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 de composition 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 separat ely. 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

defi nition 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 5 1.165,

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 a dopted 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

– Definiti ons 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 t he 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 wh ich 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 t o 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 Decemb er 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 an y 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 serv ing 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 eff ective 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

– Definiti ons EPA’s Evaluation

Arkansas SIP Ap proved 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
St andard 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

p romulgated 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 fol lowing:

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), a ny 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;

an d

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 emissio ns 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 prog ram 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.

“ F ugitive 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

– Definiti ons 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 defi nition 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 t o 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 ., a s 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 polluta nt 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 exc eed 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 non

substantive revisions to correct formatting.

### 25

Table 3 : Evaluation of Revisions to Regulation 19, Chapter 2

– Definiti ons EPA’s Evaluation (a) Any change in the production rate, i f 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, 2 004. "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 Regula tion 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 SI P, 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" mean s 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

– Definiti ons 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 emissio ns ” 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 regul ations 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 SIP

approved definition to specify that

condensab le 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

PM 2.5 and PM10 purposes in the Arkansas PSD program consistent with federal requ irements.

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 re visions submitted. Language provided for context.

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

“PM 2.5 ” means particulate matter with an aerodynamic diameter less than or equal to a nominal two and one

half (2.5) micrometers. Revisions adopted August 22, 2014; Submitted September 10, 2014.

“PM 2.5 ” means particulate matter with an aerodynamic diameter less than or equal to a nominal two and one

half (2.5) micrometers as measured by a reference method based on Appendix L of 40 C FR 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 PM 2.5 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 incorpora tion by reference date, which is

### 27

Table 3 : Evaluation of Revisions to Regulation 19, Chapter 2

– Definiti ons EPA’s Evaluation Approved by EPA on April 12, 2007 (72 FR 18394) as adopted by the State on December 3, 2004.

"PM 10 " 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. “PM 10 ” means particulate matter with an aerodynamic
diameter les s 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.

"PM 10 emissions" means PM 10 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 Janu ary 25, 2009; Submitted July 26, 2010.

“PM 10 emissions” means PM 10 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.

“PM 10 emissions” means PM 10 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

fe derally 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 limitati on 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 p hysical 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 t he 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

– Definiti ons 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 c ount 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. § § 74 01 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 t han 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 proprietorshi p: 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; Sub mitted 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 representati ve 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 rank ing 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

– Definiti ons EPA’s Evaluation the agency (e.g., a Regional Administrator of EPA); or (4) For acid rain sources: (a) The designated representative insof ar 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 Regiona l 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 an y 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 o n 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 ad opted 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

– Definiti ons 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);
trichlorofluo romethane (CFC

- 1 I); dichlorodifluoromethane (CFC

- 12); chlorodifluoromethane (HCFC

- 22); trifluoromethane (HFC

- 23); 1,2

- dichloro 1 , 1 ,2,2

- tetrafluoroethane (CFC

1 14); chloropentafluoroethane (CFC

- 1 15); 1,1,1

- trifluoro 2,2

- dichloroethane (HCFC

123);

1 ,1,1,2

- tetrafluoroethane (HFC

- 134a); 1,l

- dichloro 1

- fluoroethane (HCFC

- 141 b);

1

- chloro I, 1

- difluoroethane (HCFC

- 142b); Revisions effecti ve 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 (CFC

113); trichlorofluoromethane (CFC

- 11); dichlorodifluoromethane (CFC

- 12); chlorodifluoromethane (HCFC

- 22); trifluoromethane (HFC

- 23); 1,2

- dichloro 1,1, 2, 2

- tetrafluoroethane (CFC

114); chloropentafluoroethane (CFC

- 115); 1,1,1

- trifluoro 2,2

- dichloroethane (HCFC

123); 1,1,1,2

- tetrafluoroethane (H FC

- 134a); 1,1

- dichloro 1

- fluoroethane (HCFC

- 141b);

1

- chloro 1,1

- difluoroethane (HCFC

- 142b);

2

- chloro

- 1,1,1,2

- tetrafluoroethane (HCFC

124); Submitted rev ision contains non

substantive 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

– Definiti ons EPA’s Evaluation

2

- chloro

- 1 , 1 , l,2

- tetrafluoroethane (HCFC

124) 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

- pentafluoropro pane (HCFC

- 225cb); 1,1,1,2,3,4,4,5,5,5

- decafluoropentan (H e 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 ( e H 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 (HCFC

123a); 1,1,1,2,2,3,3,4,4

- nonafluoro

- 4

- methoxy

butan (C e 4F90CH3);

2

- (difluoromethoxymethy1)

- l,1, 1,2,3,3,3

- heptafluoropropane((CF3)2CFCF20CH3);

1

- ethoxy

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

- nonafluorobuta (C ne 4 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

- difluoroethan e (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

- decafluoropen tane (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 (HCFC

123a); 1,1,1,2,2,3,3 ,4,4

- nonafluoro

- 4

- methoxy

- butane (C 4 F 9 OCH 3 or HFE

- 7100 );

2

- (difluoromethoxymethyl)

- 1,1,1,2,3,3,3

- heptafluoropropane ((CF 3 ) 2 CFCF 2 OCH 3 );

1

- ethoxy

- 1,1,2,2,3,3,4,4,4

- nonafluorobutane (C 4 F 9 OC 2 H 5 or HFE 7200 );

2

- (ethoxydifluoromethyl)

- 1,1,1,2,3,3,3

- heptafluorop ropane ((CF 3 ) 2 CFCF 2 OC 2 H 5 ); 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

– Definiti ons 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

- dodecafluoro

2

- (trifluoromethyl) hexane (HFE

- 7500) 1,1,1,2,3,3,3

- heptafluoropropane (HFC 227ea); methyl forma te (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.

Arka nsas 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 quanti fied, 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 compou nds 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 non

substantive 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 definiti on of VOC , paragraph (C) at Regulation 19, Chapter 2 are

### 33

Table 3 : Evaluation of Revisions to Regulation 19, Chapter 2

– Definiti ons 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 negligibl y

reactive compounds in the sources' emissions. C. As a precondition to excluding these compounds as VOC or at any time thereafter, the Department

may re quire 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 non

substantive 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: t

butyl 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 demonstrat es 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 Reg ulation 19, Chapter 3

– Protection of the National Ambient Air Quality Standar d s

.

 The Arkansas SIP includes Regulation 19, Chapter 3

, Sections 19.301, 19.302, 19.303 as adopted by the A DEQ 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, 200 7 , see 72 FR 18394

.

 A DEQ has submitted one r evision 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

fe derally 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 revisio ns 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 responsib le 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 po ssible. 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 Deteri oration (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 th is 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 anal ysis 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 Regulati on 19, Chapter 5

– General Limitations Applicable to Equipment

.

 The Arkansas SIP includes Regulation 19, Chapter 5 , as adopted by the A DEQ on December 3, 2004

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

.

 A DEQ has submitted two r evisions 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, 2 014.

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 effe ct 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 b y 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 amb ient 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 limitat ion promulgated by the Department in this regulation.

Arkansas S

IP 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 foll owing
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 permi tted 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,

ex clusively, 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

in stalled 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 uncom bined 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
Performanc e 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 consecut ive 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

w ill 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 determin ed 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. Re visions effective January 25, 2009; Submitted July 26, 2010. Reg. 19.504 Stack H [ h ]eight/ D [ d ]ispersion

R [ r ]egulations
The stack hei ght provisions of 40 CFR 5 1.11 8 are incorporated by reference. The definition of "stack," "a stack in existence," "dispersi on 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 d ate 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 emis sions 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 info rmation 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 a mended 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 t he 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 per mits 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 string ent 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 techniqu es 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 enf

orcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof. Clean Air Act, as amended, the emission

l imitations and reporting procedures of this chapter or any applicable permits may be fu rther
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 stringe nt 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,
alterna tive 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 pro vision 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 A DEQ on December 3, 2004

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

.

 A DEQ has submitted two r evisions 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 t o 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 min utes, 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 Depar tment. 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. Demonstrat es 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 subm itted 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 elimi nate 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 th e 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 stateme nt 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 immedia te 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

no ncompliance 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 emi ssions 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 co mplete 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 t echnology

- 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 permit tee 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 reasonab le 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 A DEQ on December 3, 2004

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

.

 A DEQ has submitted one r evisions 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 evaluat ion 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, monito ring, 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 determ ine 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, 2 005. 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
d etermine the rate, opacity, composition, and/or Revisions ef fective 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 Submitt ed 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

requ ired 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 applic able 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 equipme nt 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 poll utants 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

ope rating 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 o perating 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 Dep artment 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 subjec t 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 pe rformance 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 Depar tment 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 equipme nt 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 a s 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 shal l 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 Dep artment 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 f

or context.

### 4 7

Table 7

– Revisions to Regulation 19, Chapter 7

– Sampling, Monitoring, and Reporting Requirements EPA’s Evaluation As approved by the Arkansas Pollution Control and Ecolog y 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, t he 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 R eporting 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, correlat ed 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. In formation 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 invent ory 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 t he 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 appli cable 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 Signi ficant Deterioration

.

 The Arkansas SIP includes Regulation 19, Chapter 7 , as adopted by the A DEQ on December 3, 2004

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

.

 A DEQ has submitted t wo r evisions 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 Prevent ion 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 provide d 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 a nd 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.

### 50

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) me ans 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 su ch 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

pur poses 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 PM 2.5 in all attainment
and unclassifiable areas. c) Nitrogen oxides are presumed to be precursors to

PM 2.5 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 no t a significant contributor to that area’s ambient PM 2.5 concentrations. d) Volatile organic compounds are presumed not to be
precursors to PM 2.5 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 PM 2.5 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 CF R 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 respons ibility 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 Septembe r 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) PM 2.5 and PM 10 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

p articulate matter shall be accounted for in applicability determinations and in establishing emissions limitations
for PM 2.5 and PM 10 in PSD permits. Compliance with
emissions limitations for PM 2.5 and PM 10 issued prior to
this date shall not be based on c ondensable 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 considere d 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 A dministrator pursuant to
40 C FR , 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 th e 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 19.9 03(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

t he 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
inconsis tent 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 s hall 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 Adopti on 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
Novembe r 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)

per tain 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 SIP

approved provision. This change is non

substantive and approvable.

New Regulation 19.904(A)(2) updates the Arkansas PSD program to address the requirements of EPA’s May 16, 2008 NSR Implementa tion 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 referen ce, 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 responsibil ity 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 th e 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

PM 2.5 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 regul ations, 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 P lan 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 consumpt ion 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 warran t 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 Regul ations (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 sour ce 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

### 56

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
af oresaid 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
52.2 1(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 con sumption: 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 19.90 4 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 Arkan sas 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 t he 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 purp oses of Reg. 19.904(G)(3) through Reg. 19.904(G)(5): a) The term tons per year (tpy) “CO 2 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 refer ence 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, perfl uorocarbons, 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 o xide, 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. Maintain s 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

t he 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 cross

reference and is approvable.

### 58

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

(CO 2 e) 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
CO 2 e. 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

PA L 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) “CO 2 equivalent emissions” (CO 2 e) 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
Octobe r 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) “CO 2 equivalent emissions” (CO 2 e) 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
Octobe r 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 non

fossilized and biodegradable organic fractions of
industrial and municipal wastes, including gases and liquids recovered
from the decomposition of
nonfossilized and biodegradable organic material).
3. The term “emissions increase” as used in Reg. 19.904(G)(4) through Reg. 19.904(G)(5) shall
mean that bot h 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
CO 2 e. 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

res ulting 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 w ell as the non

fossilized 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
CO 2 e. 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

re sulting from the
combustion or decomposition of

non

- fossilized and biodegradable organic material originating from plants, animals, or microorganisms (including products, by

- products, residues
and waste from agriculture, forestry
and related industries

as well as the non

fossilized and biodegradable organic fractions of
industrial and municipal wastes, including gases and liquids recovered
from the decomposition of
nonfossilized and biodegradable organic material

### 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 CO 2 e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and “significant” is defined as 75,000 tpy
CO 2 e instead of applying
the v alue 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 o r will have the potential to emit GHGs at 75,000 tpy CO 2 e 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 CO 2 e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant,
and “significant” is defined as 75,000 tpy
CO 2 e 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 sourc e 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 CO 2 e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant,
and “significant” is defined as 75,000 tpy
CO 2 e 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 CO 2 e 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
CO 2 e or more; or b) At an existing stationary source
that emits or has the potential to emit 100,000 tpy
CO 2 e or more, when such stationary source
undertakes a physical change or change in the
method of operation that
will re sult in an GHGs, and also will
emit or will have the potential to emit GHGs at 75,000 tpy
CO 2 e or more; or b) The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and als o will
have an emissions
increase of a regulated NSR pollutant, and an
emissions increase of GHGs of 75,000 tpy
CO 2 e 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 subje ct to regulation: a) At a new stationary
source that will emit or have the potential to emit 100,000 tpy
CO 2 e or more; or b) At an existing stationary source that
emits or has the potential to emit 100,000 tpy CO 2 e 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
CO 2 e 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
CO 2 e 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 subjec t to regulation: a) At a new stationary
source that will emit or have the potential to emit 100,000 tpy
CO 2 e or more; or b) At an existing stationary source that
emits or has the potential to emit 100,000 tpy CO 2 e 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 CO 2 e

or more. operation that will
result in an emissions increase of 75,000 tpy CO 2 e or more. result in an emissions increase of 75,000 tpy CO 2 e 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 t he Control of Volatile Organic Compounds in Pulaski County

.

 The Arkansas SIP includes Regulation 19, Chapter 10 , as adopted by the A DEQ on December 3, 2004

, submitted to EPA on February 3, 2005 . EPA approved this provision on April 12, 2007 , see 72 FR 1839 4

.

 A DEQ has submitted one r evision 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 fed eral 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 mai ntenance 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 non

substantive formatting corrections. Revisions are approvable.

### 64

Table 9

– Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

Arkansas SIP As approved by the Ark ansas 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
Volat ile 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 t he
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 lack s 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 exposur e 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 Janua ry 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 A ir 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 Guid eline" 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 a sphalt 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

cons isting 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 non

substantive 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 pi pelines 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 sourc e'' 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 liqu id 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 petrol eum 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 stora ge 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 mount ed 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 gaso line 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 consisti ng 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 c oatings 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

o f 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 coati ngt1 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 an y 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 so urce, 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 an y 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 volatil e 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 c ommenced 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, ope rates, 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 suc h 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 sou rce 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.
"Modificat ion" 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 p reviously
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.

"Pr ime 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 t hat 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 li quid 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. Ava ilable 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 Americ an 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 ca ses 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 annu lar 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, 200 9; 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 non

substantive formatting corrections. Revisions are approvable.

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– 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 pr ovided 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 19.10 05(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 th e 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 pr ovisions 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 su ch 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) sh all 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
C ommission 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

### 69

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 1 9.1005 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 e xisting 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, sourc e, 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 det ermines 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 iss ue 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

t he 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 D epartment 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 i s 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 iss ued 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 t o 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 provisi on 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 int o 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 dat e 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 i f 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 fur ther 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 th e 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 Depa rtment [ Commission ] unless the

### 71

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– Revisions to Regulation 19, Chapter 10 EPA’s Evaluation

Commission finds that the controls proposed by the owner or opera tor 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 19.10 05(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 pursuan t 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 com

pliance 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 reaso nable 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 ] ord er 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 receive d a permit
from the Department [ Commission ]. Application for permit shall be of such form and contain such

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– 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 emis sions 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 m ajor 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 stan dards 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 propose d 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

co mpliance 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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– 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

ca tegory 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, cl ass 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 Departmen t [ 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 p ermit 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

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– 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

compo unds 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 p erson 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 Vola tile 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 engi neering 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

e quipment of such source is designed and provided by such sec tion 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 emiss ions
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

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– 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 how ever, 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 certific ation 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 Gui deline 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 pe rmit 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, t he 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 h is 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

D irector 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 t he test procedures described in Appendix A or C of the OAQPS Guideline Series document, "Control of Organic Compound Leaks from Gasoline Tank

### 76

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– 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 serie s 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 wit h 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 tig ht 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 l iquids 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,

### 77

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– 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) th e 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 practicab le; 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 natu re 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 emissio n 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 operatio n 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, malfu nction 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 no t 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

em ission and to prevent recurrence; and e) the Director is immediately notified when
corrective measures have been accomplished.

2. [RESERVED.]

### 78

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– 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 provisio n 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

s ystem 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 caus e 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 equip ment 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 o peration 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 f

acility 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 exce ss 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 s quare 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 non

substantive 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
thro ugh 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) o f 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 shal l 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 effec tive 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 goo d 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 asph alt 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 truc k 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 t his 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) Desig n 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 a nd 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 vapo r 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 me thod 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 tim e, 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 parag raph 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

wa ter, 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 d irected 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 ach ieved 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 sec tion.

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 o f: 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 a pplicator 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 applicatio n 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 m eans 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 fi tted 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 requirement s: 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 sea ls, 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 o f 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 o rganic 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

requ irements:
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 ble eder 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 leas t 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 condensa te 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

exc ept 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 l anded 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

cover s 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 po ur 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 Contro l 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

- approve d 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 A DEQ on December 3, 2004

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

.

 A DEQ has submitted one r evision 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 applica tions 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 1 1: 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 A DEQ on December 3, 2004

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

.

 A DEQ has submitted one r evision 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 i n 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 C ommission 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 nonat tainment 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

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– 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 vehi cle 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
station ary 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 a nd 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 v apor 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 ser vice 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 refine r, 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 so le affiliation referred to is by means of a supply contract or an agreement or contract to use a trademark,

### 88

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– 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 r efiner 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. "L eak 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 fittin gs. 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
immediat ely 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 h er 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 un der 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. "N onattainment 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 disconne cted 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 f ill 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 slan ted 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 ada ptor; 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" mean s 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 2 0% 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 ta nks 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 work ing 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 kep t 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 contex t.

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 followin g 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.

L anguage 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

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– 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 vap or

- tight line from the stationary storage tank to the delivery vessel and: (a) For a coaxial vapor recovery system, either a poppeted or un poppeted 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 cove red 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 re covery 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 s ize 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 appro ved 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 Decembe r 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 p rovided 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 g asoline 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 o perators 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 determ ined 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 Meth od 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 provi ded 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, thi s 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, a re 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 Evaluatio n Appendix B: National Ambient Air Quality St andards 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 Evaluatio n Lead 73 FR

66964 November

12, 2008 Primary and

secondary Rolling 3

month

average 0.15

μ g/m 3 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 98 th 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 fourth

highest 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,

PM 2.5 71 FR

61144 October

17, 2006 Primary and

secondary Annual 15

μ g/m 3 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 Evaluatio n program. The remainder of the
Arkansas SIP does not address the
2006 PM 2.5 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

μ g/m 3 98 th percentile,

averaged over 3 years Ch apter 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 PM 2.5 NAAQS.

Note that ADEQ must update the Arkansas SIP in a timely manner each

t ime the EPA promulgates a new NAAQS.

Particle Pollution,
PM10 71 FR

61144 October

17, 2006 Primary and

secondary 24

- hour 150

μ g/m 3 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 99 th 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 SO 2 NAA QS.

### 96

Table 12: Evaluation of Regulation 19, Appendix B EPA’s Evaluatio n 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 NO 2 

### , 1

- hr SO 2 

### , 8

- hour ozone, and 2006 PM 2.5 

### NA AQS 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 PM 2.5 

## emissions in the PSD Program

The following table evaluates the September 10 , 2014 revisions to Regulation 19, Chapter 9 with respect to the federal requir ements for PM 2.5 

### PSD permitting as finalized and promulgated by EPA in two separate final rules: 1) the NSR PM 2.5 

### Implementation Rule published on May 16, 2008 and 2) the PM 2 .5 

### Increment

– SILs

– SMC Rule published on October 20, 2010. This table will prov ide 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 1 3 : Requirements of the NSR PM 2.5 

### 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 t ons 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 ar e 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 t his 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 PM 2.5 and its

precursors.

### 98

Table 1 3 : Requirements of the NSR PM 2.5 

### 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 r educed 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 PM 2.5 is a regulated

### 99

Table 1 3 : Requirements of the NSR PM 2.5 

### 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

u nclassifiable 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 f or 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 PM 2.5 in

a ll attainment and unclassifiable areas. c) Nitrogen oxides are presumed to be precursors to PM 2.5 in all attainment and unclassifiable areas, unless
Arkansas demonstrates to the
Administrator’s satisfaction or EPA demonstrates that emissions of nitrogen
oxide s from sources in a specific area are not a significant contributor to that
area’s ambient PM 2.5 concentrations. d) Volatile organic compounds are presumed not to be precursors to PM 2.5 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 PM 2.5 concentrations. pollutant for PSD under the Arkansas SIP and identifies the appropriate precursors of PM 2. 5 consistent with the requirements of 40 CFR 51.166(b)(49)(i).

### 100

Table 1 3 : Requirements of the NSR PM 2.5 

### 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 pa ragraphs (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) PM 2.5 and PM 10 emissions s hall 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 m atter shall be accounted for in applicability determinations and in establishing
emissions limitations for PM 2.5 and PM 10 in PSD permits. Compliance with
emissions limitations for PM 2.5 and PM 10 issued prior to this date shall not be based

### 101

Table 1 3 : Requirements of the NSR PM 2.5 

### 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 p articulate 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 violati on of this chapter.



### Promulgated by EPA initially on May 16, 2008 as 40 CFR 51.166(b)(49)(vi) * * *

(vi) Particulate mat ter (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 upcomin g 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) PM 2.5 and PM 10 emissions shall include gaseous emissions from a source or activity, which condense to form particulate matter at ambient temperatures. As of the ef fective 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 PM 2.5 and PM 10 in PSD permits. Compliance with
emissions limitations for PM 2.5 and PM 10 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
determin ations made prior to this date without accounting for condensable The September 10, 2014 request for parallel processing satisfies this federal requirement to include condensable emi ssions 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 1 3 : Requirements of the NSR PM 2.5 

### 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 ) PM 2.5 

### 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, 201 1 (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 1 3 : Requirements of the NSR PM 2.5 

### 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. C ompliance 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 determinati ons 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), a s 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 r equest 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 1 3 : Requirements of the NSR PM 2.5 

### 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 PM 2.5 

### 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 inconsist ent 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 Quali ty 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 r eference, 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 Analy sis The September 10, 2014 request for parallel processing satisfies this federal requirement. Regu lation 19.904(A)(3) appropriately incorporates by reference the revisions to
baseline area at 40 CFR 52.21 (b)(15) necessary to implement the PM 2.5 PSD increments.

### 105

Table 14 : Requirements of the PM 2.5 

### 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 PM 10 and sulfur dioxide, January 6, 1975; ( b ) In the case of nitrogen dioxide, February 8, 1988; and ( c ) In the case of PM 2.5, October 20, 2010. Regulation 19.904(A)
A. Except where manifestly inconsistent with the provisions of the Clean Air Act, as amended, or with fede ral 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 referenc e 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

Fe deral 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 PM 2.5 PSD increments.

### 106

Table 14 : Requirements of the PM 2.5 

### 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 pa ragraphs (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 PM 2.5 PSD increments.

### 107

Table 14 : Requirements of the PM 2.5 

### 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 attainmen t 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 ar e 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 satisfi es 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 PM 2.5 PSD increments.

(c) Ambient air increments and other measures. Regulation 19.904(A) The September 10, 2014 request for parallel processing satisfi es this federal requirement to

### 108

Table 14 : Requirements of the PM 2.5 

### 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 ar e 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 PM 2.5 PSD increments . Regulation 19.904(A)(3) appropriately incorporates by
reference the PM 2.5 PSD increments at 40 CFR 52.21(c).

### 109

Table 14 : Requirements of the PM 2.5 

### 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 PM 2.5 

### 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/m 3 , 8

- hour

average; ( b ) Nitrogen dioxide

— 14 ug/m 3 , annual

average; ( c ) PM 2.5

– 4 μg/m 3 , 24

- hour average; ( d ) PM 10

– 10 μg/m 3 , 24

- hour average; ( e ) Sulfur dioxide

— 13 ug/m 3 , 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 v olatile 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/m 3 , 3

- month average. ( h ) Fluorides

— 0.25 μg/m 3 , 24

- hour average; ( i ) Total reduced sulfur

— 10 μg/m 3 , 1

- hour

average ( j ) Hydrogen sulfide

— 0.2 μg/m 3 , 1

- hour

average; ( k ) Reduced sulfur compounds

— 10 μg/m 3 , 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 A DEQ PSD SIP incorporates by references 40 CFR 52.21(i) as in effect on November 20,
2005. The EPA removed the PM 2.5 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 PM 2.5 

### 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 all owable
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 increa se 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 parag raphs (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 PM 2.5 

### 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

r equirements are otherwise met, issue the permit with such emission limitations as may be necessary to assure that emissions of sulfur dioxide, PM 2.5 , PM 10 , and nitrogen oxides would not exceed the following
maximum allowable increases over minor source
bas eline 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 refe rence 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) [Ma jor 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 Impactin g 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 PM 2.5 

### 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 provide d in the preceding sections has compared the applicable sections
of the CAA and 40 C FR 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 regul ation and permitting of PM 2.5 

### 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 re commended 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, Chap ter 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 Novembe r 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 Regul ation 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