# ADEQ

ARK A N S A S Department of Environmental Quality January 19,2012 DearMr. Donaldson: 

## RECEIVED - 6POL AIR PLANNING SEC. 

## 12 JAN 23 PH 2: 55

Per discussions with Mr. JeffRiley ofyour staff, the Arkansas Department of Environmental Quality (ADEQ) understands that EPA is working to approve Arkansas's SIP submittals dated March 28, 2008, and September 16, 2009, as meeting the requirements of Section 11O(a)(1) and (2) ofthe CAA. This letter serves as a supplemental certification for the purposes ofamending and clarifying the State ofArkansas's prior letters ofcertification regarding the Clean Air Act Section 11O(a)(1) and (2) requirements for the 1997 ozone and PM2.5 National Ambient Air Quality Standards (NAAQS). Section 11O(a)(2)(E)(ii)

- CAA Section 128 By letters dated March 28, 2008, and September 16, 2009, the state ofArkansas addressed the requirements ofSection 11O(a)(2)(E)(ii) as being not applicable to Arkansas's Section 110 infrastructure SIPs, because permit and enforcement orders are issued directly by ADEQ, not state boards or commissions. The requirements ofSection llO(a)(2)(E)(ii), as stated by the then Arkansas Department ofPollution Control and Ecology (ADPCE) in a May 4, 1982, rulemaking (47 FR 19135), were applicable to ADEQ (formerly ADPCE) and the Arkansas Pollution Control and Ecology Commission "APC&EC" or "Commission." EPA has previously addressed and approved these requirements in Arkansas's original Section 110 infrastructure SIP at 40 CFR §52.200(c)(18). Arkansas law, relative to the roles ofADEQ and the Commission, and the makc-up ofthe Commission has been thoroughly modified since the above referenced 1982 rulemaking. Smec 1982, Arkansas laws have changed to further separate the powers and duties ofthe Commission. Permits and enforcement orders are issued directly by ADEQ, not by state boards or commissions, The Commission's role in permit and enforcement matters is now as an appellate body for purposes ofreviewing ADEQ's actions. See Arkansas Code Annotated §§ 8-4-104, 8-1- 202, and 8-1-203, Additional Arkansas law applicable to Section llO(a)(2)(E)(ii) is as follows: (a) under the APC&EC Regulation 8.202, the Director or the Director's delegate shall issue all permi!s with nothing in APC&EC Regulation 8 being construed to authorize the Commission [0 issue a permit, including the power to reverse or affirm a permitting decision by the Director; (b) the APC&EC Regulation 8, Chapter4, highlights that the Commission does not playa leading role in approving enforcement actions; (c) under Arkansas Code Annotated §21-8-IOO1, no member ofa state board orcommission or board member ofan entity receiving state funds shall participate in, vote on, influence or attempt to influence an official decision ifthe member has a pecuniary interest in the matter under consideration by the board, commission, orentity. In addition, no member ofa state board or commission or board member ofan entity receiving S!ale funds shall participate in any discussion or vote on arule or regulation that exclusively benefits the member.
ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE / NORTH UTILE ROCK / ARKANSAS 72118·5317 / TELEPHONE 501·682·0744/ FAX 501-682·0880 www.adeq.state.or.usThis c0Tespondence clarifies and certifies that the requirements ofSection llO(a)(2)(E)(ii) were addressed and approved by EPA in aMay 4,1982, rulemaking (47 FR 19135). This letter additionally clarifies and certifies that current Arkansas law (as revised since the 1982 filing), specifically the provisions listed above, satisfies the requirements ofSection IIO(a)(2)(E)(ii) to accommodate the current permit and enforcement order system for Arkansas. Ozone and PM2.5 By letter dated March 28, 2008, the state ofArkansas, on behalfofADEQ certified that its existing SIP for implementation ofthe 1997 ozone and 2006 PM2.5 NAAQS included all of the requirements set forth in Section llO(a)(l) and (2) ofthe CAA. This mention ofthe 2006 PM2.5 NAAQS is a typographical error; the certification letter for the 2006 PM2.5 NAAQS was submitted to EPA on September 16, 2009. This correspondence clarifies and certifies that the State's March 28, 2008, submittal addresses the 1997 ozone and 1997 PM2.5 NAAQS meeting the requirements ofSection 110(a)(l) and (2) ofthe CAA. Ifyou have any questions concerning this supplemental certification and clarification, please contact Mike Bates, AirDivision Chief, at (501) 682-0750 orbates@adeq.state.ar.us. Thank you for your consideration ofADEQ's submission.

Teresa Marks Directorhttp://www.ofllhemarble.comlarkcode/Title08/8-4-1 04.html


### The information on this page may be inaccurate or out-of-date. Clickhere for important disclaimers 8-4-1 04.Arkansas Pollution Control and Ecology Commission

- Members. (a)There is created and established an Arkansas Pollution Control and Ecology Commission. (b)The Arkansas Pollution Control and Ecology Commission shall be composed ofthirteen (13) members: (I)(A)The Governor, by and with the advice and consent ofthe Senate, shall appoint seven (7) members. (B)Each congressional district shall be represented on the Arkansas Pollution Control and Ecology Commission by at least one (I) member, and no district shall have more than two (2) members ofthe seven (7) appointees. (C)(i)The Governor shall not appoint a member to represent any specific or special interest group, organization, orphilosophy. (ii)However, in making appointments to the Arkansas Pollution Control and Ecology Commission, the Governor shall appoint individuals who have knowledge or expertise in matters withinthejurisdiction ofthe Arkansas Pollution Control and Ecology Commission, including government, business or industry, agriculture and livestock, forestry, health, ecology, recreation and tourism, and geology.
(D)Each member appointed by the Governor shall be appointed for a term offour (4) years; and
(2)The other six (6) members ofthe Arkansas Pollution Control and Ecology Commission shall be: (A)The Director ofthe Department ofHealth orhis or her designee; and (B)(i)The directors ofthe Arkansas State Game and Fish Commission, the Arkansas Forestry Commission, the Arkansas Natural Resources Commission, the Oil and Gas Commission, and the Arkansas Geological Survey. (ii)Any director specified in subdivision (b)(2)(B)(i) ofthis section may designate the agency's deputy director or assistant director to serve in lieu ofthe director.
(c)Elected city, county, and state officials shall not serve on the Arkansas Pollution Control and Ecology Commission afterthe expiration ofany current member's term. (d)In the event ofa vacancy in the membership ofthe Arkansas Pollution Control and Ecology Commission, the Governor shall appoint a person to fill the vacancy temporarily who shall serve until 

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the next meeting ofthe Senate, when some person shall be appointed by the Governor, by and with the consent and approval ofthe Senate, to serve the remainder ofthe unexpired term, (e)(I)The chair and vice chair shall be elected annually. (2)The members ofthe Arkansas Pollution Control and Ecology Commission representing the state agencies shall not serve as chair or vice chair.

(f)(I)(A)The Arkansas Pollution Control and Ecology Commission shall hold at least four (4) regular meetings in each calendar year at times and places to be fixed by the Arkansas Pollution Control and Ecology Commission and such other meetings as may be necessary. (B)Special meetings may be called at the discretion ofthe chair, and they shall be called by himor her upon written request oftwo (2) members ofthe Arkansas Pollution Control and Ecology Commission by delivery ofwritten notice to each member ofthe Arkansas Pollution Control and Ecology Commission.

(2)Nine (9) members ofthe Arkansas Pollution Control and Ecology Commission shall constitute a quorumto transact business in both regular and special meetings.
(g)(I)Each member ofthe Arkansas Pollution Control and Ecology Commissionrepresenting state agencies shallreceive no additional salary orper diemfor services as a member ofthe Arkansas Pollution Control and Ecology Commission but may receive expense reimbursement in accordance with § 25-16-901 et seq.

§ 25-16-901 et seq. History.Acts 1949, No. 472 [Part 1], § 2; 1953, No. 232, § 1; 1959, No. 211, § 1; 1965, No. 183, § 2; 1985, No. 930, § I; A.S.A. 1947, § 82-1903; Acts 1991, No. 744, § 1; 1997, No. 250, § 44; 2001, No. 318, § 1; 2005, No. 2224, § 1.

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The information on this page may be inaeeurate or out-of-date. Cliekhere for important disclaimers 8-l-202.Powers ofthe Directorofthe Arkansas Department ofEnvironmental Quality.

• (a)The executive head ofthe Arkansas Department ofEnvironmental Quality shall be the Director of the Arkansas Department ofEnvironmental Quality, who shall be appointed by the Governorwiththe consent ofthe Senate. The director shall serve at the pleasure ofthe Governor. (b)(1 )The director shall be the executive officer and active administrator ofallpollution control activities inthe state. (2)As such, the director's duties shall include: (A)(i)The administration ofpermitting, licensing, certification, and grants programs deemed necessary to protectthe environmental integrity ofthe state. (ii)The director, or his or her delegatee within his orher staff, shall serve as the issuing authority for the state;
(B)(i)Initiation and settlement ofcivil or administrative enforcement actions to compel compliance with laws, orders, and regulations charged to the responsibility ofthe department. (ii)In this regard, the directormay propose the assessment ofcivil penalties as provided by law and take all actions necessary to collect such penalties;
(C)Issuance oforders in such circumstances that reasonably require emergency measures to be taken to protectthe environment orthe public health and safety, exceptto the extentthat the matter involved is reserved to thejurisdiction or orders ofthe Arkansas Pollution Control and Ecology Commission for rulemaking procedures in 

### § 8-4-202; (D)Day-to-day administration ofall activities that the department is empowered by law to perform, including, but not limited to, the employment and supervision ofsuch technical, legal, and administrative staff, within approved appropriations, as is necessary to carry out the responsibilities vested with the department; (E)Providing technical and legal expertise and assistance inthe field ofenvironmental protectionto other agencies and subdivisions ofthe state as appropriate; (F)Day-to-day administration ofenvironmental programs delegated to the State ofArkansas by the responsible agencies ofthe federal government; and (G)Any otherpower or duty specifically vested with the director or department by the General Assembly. 

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History.Acts 1991, No. 1230, 

### § 1; 1993, No. 163, 

### § 6; 1993, No. 165, 

### § 6; 1999, No. 1164, 

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### ,. The information on this page may be inaeeurate or out-of-date. Cliekhere for important disclaimers 8-1-203 .Powers and responsibilities ofthe Arkansas Pollution Control and Ecology Commission. (a)The Arkansas Pollution Control and Ecology Commission shallmeet regularly inpublicly noticed open meetings to discuss and rule upon matters ofenvironmental concern. (b)The commission's powers and duties shallbe as follows: (I)(A)Promulgation ofrules and regulations implementingthe substantive statutes charged to the Arkansas Department ofEnvironmental Quality for administration. (B)In promulgation ofsuch rules and regulations, priorto the submittalto public comment and review ofany rule, regulation, or change to any rule orregulation that is more stringent thanthe federal requirements, the commission shall duly considerthe economic impact and the environmental benefit ofsuch rule orregulation on the people ofthe State ofArkansas, includingthose entities that will be subject to the regulation. (C)The commission shall promptly initiate rulemakingproceedings to further implement the analysis required under subdivision (b)(I)(B) ofthis section. (D)The extent ofthe analysis required under subdivision (b)(I)(B) ofthis section shall be defmed in the commission's rulemaking required under subdivision (b)(I)(C) ofthis section. It will include a written report which shall be available for public review along withthe proposed rule in the public comment period. (E)Upon completion ofthe public comment period, the commission shall compile a rulemaking record orresponse to comments demonstrating a reasoned evaluationofthe relative impact and benefits of the more stringentregulation;
(2)Promulgation ofrules, regulations, and procedures not otherwise governed by applicable lawthat the commission deems necessary to secure public participation in environmental decision-making processes; (3)Promulgationofrules and regulations governing administrative procedures for challenging or contesting department actions; (4)In the case ofpermitting or grants decisions, providingthe right to appeal a permitting or grants decision rendered by the Director ofthe Arkansas Department ofEnvironmental Quality orhis or her delegatee; (5)Inthe case ofan administrative enforcement or emergency action, providingthe right to contest any such action initiated by the director; /



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(7)Make recommendations to the director regarding overallpolicy and administration ofthe department. However, the director shall always remain withinthe plenary authority ofthe Governor; and (8)Upon a majority vote, initiate review ofany director's decision. (c)(l)Inprovidingfor adjudicatory review as contemplated by subdivisions (b)(4) and (5) ofthis section, the commission may appoint one (I) or more administrative hearing officers. The administrative hearing officers shall at all times serve as agents ofthe commission
. (2)In hearings upon appeals ofpermitting or grants decisions by the director orcontested administrative enforcement or emergency actions initiated by the director, the administrative hearing officer shall administer the hearing in accordance with procedures adopted by the commission and, after due deliberation, submit his orher recommendeddecision to the commission. (3)(A)(i)Commission review ofany appealed or contested matter shall be upon the record compiled by the administrative hearing officer and his orherrecommended decision
. (ii)Commission review shallbe de novo. However, no additional evidence need be received unless the commission so decides in accordance with established administrative procedures
.
(B)The commission may afford the opportunity for oral argument to allparties ofthe adjudicatory hearing. (C)(i)By the majority vote ofa quorum, the commissionmay affmn, reverse and dismiss, orreverse and remand to the director. (ii)Ifthe commission votes to affirm orreverse, such decision shall constitute [mal agency action for purposes ofappeal.

(4)Any party aggrieved by the commission decision may appeal as provided by applicable law.
(d)The chair ofthe Arkansas Pollution Control andEcology Commission may appoint one (1) ormore committees composed ofcommission members to act in an advisory capacity to the full commission.
History.Acts 1991, No. 1230, § I; 1993, No. 163, § 7; 1993, No. 165, § 7; 1993, No. 1264, § 2; 1995, No. 117, § I.

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### The information on this page may be inaccurate or out-of-date. Clickhere for important disclaimers 21-8-1001.Conflicts ofinterest. (a)(I)No member ofa state board or commission orboard member ofan entity receiving state funds shall participate in, vote on, influence, or attempt to influence an official decision ifthe member has a pecuniary interest in the matterunderconsiderationby the board, commission, or entity. (2)A member ofa state board or commission orboard member ofan entity receiving state funds may participate in, vote on, influence, orattempt to influence an official decision ifthe only pecuniary interest that may accrue to the member is incidental to his or herposition or accrues to him or her as a member ofa profession, occupation, or large class to no greater extent than the pecuniary interest could reasonably be foreseen to accrue to all other members ofthe profession, occupation, or large class.

(b)No member ofa state board or commission or board member ofan entity receiving state funds shall participate in any discussion orvote on a rule or regulation that exclusively benefits the member.
History.Acts 1995, No. 1123, § 2; 2001, No. 1244, § 2.



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