STATE OF ARKANSAS 

MIKE BEEBE 

GOVERNOR 

December 17,2007 

Richard Greene, Regional Administrator 

United States EPA, Region VI 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

Dear Mr. Greene: 

The Arkansas Department of Environmental Quality submits this document in 

response to the requirements of Sections 110(a)(l) and (2) of the Clean Air Act (CAA). 

This document is a revision to the Arkansas State Implementation Plan (SIP) to address 

interstate transport of air pollution under CAA Section 1 1 O(a)(2)(D)(i). The information 

contained in this document demonstrates that Arkansas sources do not significantly 

contribute to the interstate transport of pollutants that impact nonattainment in, or 

interfere with maintenance by, any other state with respect to the 8-hour ozone and 

National Ambient Air Quality Standards (NAAQS) and demonstrates that Arkansas 

meets the required prevention of significant deterioration of air quality and protection of 

visibility provisions of the law. 

In July of 1997, the U.S. Environmental Protection Agency (EPA) issued the 

NAAQS for 8-hour ozone and particulate matter less than 2.5 micrometers in diameter 

(PM2.5). Section llO(a)(l) of the CAA requires states to submit SIPS within three years 

following the promulgation of new or revised standards. Litigation delayed 

implementation of the standards and created uncertainty over how states were to proceed. 

On March 10, 2005, EPA entered into a Consent Decree with Earth Justice to address the 

interstate transport of these pollutants under CAA Section 1 1 O(a)(2)(D)(i). On April 25, 

2005, EPA published "Finding of Failure to Submit Section 110 State Implementation 

Plans for Interstate Transport for the National Ambient Air Quality Standards for 8-Hour 

Ozone and 70 FR 21 147. The April 25, 2005, finding started a 24-month clock 

for EPA to either issue a final Federal Implementation Plan (FIP) to address the 

requirements of Section llO(a)(2)(D)(i) or to approve a SIP that addresses these 

requirements. 

Each state must submit a SIP that contains adequate provisions "prohibiting .... any 

source or other type of emissions activity within the State from emitting any air pollutant 

in amounts which will: 

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(I) contribute significantly to nonattainment in, or interfere with maintenance by, 

any other State with respect to any national primary or secondary air-quality 

standard, or 

(11) interfere with measures required to be included in the applicable 

implementation plan for any other State to prevent significant deterioration or 

to protect visibility. " 

EPA published its "SIP Guidance on Section 1 lO(a)(2)(D)(i) Findings of Failure to 

Submit" on August 11, 2006. The guidance outlines four points that states must address 

in their 1 lO(a)(2)(D)(i) SIPS 'Iprohibiting any source or other type of emissions activity 

within ihe State from emitting any air pollutant in amounts which will - 

I. Contribute significantly to nonattainment of the NAAQS for areas in another 

State; 

2. Interfere with maintenance of the NAAQS by any other State; 

3. Interfere with measures required to meet implementation plan for any other State 

related to Prevention of Significant Deterioration (PSD); 

4. Interfere with measures required to meet the implementation plan for any other 

State related to Regional Haze and Visibility. 

This letter addresses each of these four points. Points one and two can be addressed 

using the Clean Air Interstate Rule (CAIR) and associated air-quality modeling that EPA 

performed. CAIR will control the interstate transport of NOx and SO2 emitted by fossilfuel fired Electric Generating Units (EGUs) by creating an interstate cap and trade 

program. CAIR has three programs: Annual NO,, Ozone Season NO, and a year-round 

SO2 program. Of the three programs in CAIR, EPA demonstrated through modeling that 

Arkansas would only participate in the Ozone Season NOx program. 

EPA published "Guidance for State Implementation Plan (SIP) Submissions to Meet 

Current Outstanding Obligations Under Section 1 lO(a)(2)(D)(i) for the 8-Hour Ozone 

and PM2.5 National Ambient Air Quality Standards" on August 15, 2006. That guidance 

,states that "States within the CAIR region need not submit a SIP revision to satisfy 

CAIR." 

To determine which States impact nonattainment in other States, EPA performed 

ozone-contribution modeling using both source-apportionment modeling and zero-out 

2 
modeling, using the CAM-x model techniques for 31 States in the East (including 

Arkansas) and in the District of Columbia. (See Final CAIR Preamble at, 70 FR 25249, 

May 12, 2005). EPA determined that Arkansas contributes to ground-level ozone 

formation in Texas. Arkansas submitted a SIP to the EPA to address the transport of 

oxides of nitrogen (NO,) from Arkansas sources in the form of a CAIR SIP. EPA 

published their approval of the SIP on September 26,2007, and it was final on November 

26,2007. 

In addition to the ozone modeling, 37 States were modeled for potential inclusion 

in the final CAIR by EPA to address PM2.5. Fourteen of these States, including Arkansas, 

were not included in the CAIR, because they did not contribute at least 0.2 uglm3 to 

downwind nonattainment. (See Final CAIR Preamble at, 70 FR 25246, May 12, 2005). 

Since it was found that Arkansas does not significantly contribute to downwind PM2.5 

nonattainment areas, there is no requirement that Arkansas submit regulation changes and 

a SIP to address this. 

Each SIP must include a preconstruction-review program for major sources to 

satisfy the requirements of section 1 1 O(a)(2)(D)(i) of the CAA. For nonattainment areas, 

this is the Nonattainment New Source Review (NNSR) program, and in attainment areas 

this is the PSD program. The PSD requirements in Item 3 can be, and have been, 

addressed in an existing Arkansas SIP and related regulatory language that has been 

approved by EPA. The August 2006 guidance states that "[b]ecause all areas are 

currently subject to some form of preconstruction-permitting program for ozone and 

PM2,5, it is not necessary, at this time, for States to make a SIP submission containing rule 

changes or modeling demonstration to address section 1 lO(a)(2)(D)(i)(II)." 

This SIP revision certifies that Arkansas has EPA-approved PSD and NNSR 

programs in place to prevent significant deterioration of air quality in Arkansas and 

neighboring States. Major sources in Arkansas are currently subject to PSD and NNSR 

permitting programs that implement the 8-hour ozone and PM2.5 standards. PSD 

regulatory language can be found in Chapter 9 of the Arkansas Pollution Control and 

Ecology Commission Regulation 19, Regulations of the Arkansas Plan of 

Implementation for Air Pollution Control. NNSR regulatory language can be found in 

Arkansas Pollution Control and Ecology Commission Regulation 3 1, Nonattainment New 

, Source Review Requirements. 

There was a deadline of June 15, 2007, for States to submit SIPS that incorporate 

the requirements of the phase I1 ozone implementation rule into their PSD and NNSR 

programs. It was not necessary for Arkansas to make changes to the regulatory language 

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to address these requirements, because EPA has not found the Arkansas PSD program to 

be deficient and all of the existing Arkansas NNSR program requirements address the 

requirements. 

Arkansas has met the requirements for item four regarding the protection of 

visibility in section llO(a)(2)(D)(i). On October 15, 2007, the Arkansas Pollution 

Control and Ecology Commission adopted Chapter 15 of Regulation 19, which 

established regional-haze-program requirements. The regulation was effective on the 

date of adoption. At this time, it is not possible to assess whether there is any 

interference with measures in the applicable SIP for another State designed to protect 

visibility for the 8-hour ozone and PM2 5 NAAQS until Arkansas's regional haze SIP is 

submitted and approved by EPA. 

The State of Arkansas hereby submits to the EPA that it has met the requirements 

for section 1 lO(a)(2)(D)(i) of the CAA for the 8-hour ozone and PM2.~ NAAQS and does 

, not significantly contribute to nonattainrnent or interfere with maintenance of the 

NAAQS in other States. 

I look forward to your prompt approval of this SIP submission. If you have any 

questions, please contact Mike Bates at (501) 682-0750 or bates@adeq.state.ar.us. Thank 

you for your attention to this matter. * /--