# Addendum to the Technical Support Document

EPA-R06-OAR-2014-0700

Revisions to the Arkansas State Implementation Plan for the Regulation and Permitting of Fine Particulate Matter

Revisions to Regulation 19 submitted December 1, 2014

February 9, 2015

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

FOR FURTHER INFORMATION CONTACT: Adina Wiley United States Environmental Prot ection Agency Region 6, Air Permits Section (6PD-R), 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733, (214) 665-2115.2 

## Table of Contents

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

II. Technical Evaluation of the December 1, 2014, Arkansas SIP Submittal ................................ 4

A. Evaluation of December 1, 2014, Arkansas SIP Revision with respect to 40 CFR Part 51, Appendix V. ............................................................................................................... 4

B. Evaluation of Changes Adopted by ADE Q after EPA’s Proposed Approval ............... 10

III. Conclusion .................................................................................................................... .......... 11

## I. Executive Summary

On November 10, 2014, EPA proposed approval of por tions of three revisions to the Arkansas SIP submitted by the Arkansas Department of Environmental Quality (ADEQ) on July 26, 2010, November 6, 2012, and September 10, 2014. See 79 FR 66633. Together, these three SIP submittals revise the Arkansas SIP to provide for regulation and permitting of PM 2.5 emissions in the Arkansas PSD program consistent w ith federal PSD permit requirements.

The September 10, 2014, submittal was a request fo r parallel processing of revisions to State regulations adopted by the ADEQ on August 22, 2014. As such, the EPA proposed approval of a rule that was not yet submitted as a final SIP revision. During the time that the EPA proposed approval, the ADEQ provided opportunity to comment on the inclusion of the adopted regulations in the Arkansas SIP but receive d non-substantive comments. The ADEQ finalized the rule package and formally submitted the revisions to Regulation 19 as a revision to the Arkansas SIP on December 1, 2014.

This addendum to the TSD for Rule Dock et EPA-R06-OAR-2014-0700, will evaluate only the December 1, 2014, final SIP submittal for complete ness and to determine if any changes were made that would change the EPA’s proposed action.4 

## II. Technical Evaluation of the D ecember 1, 2014, Arkansas SIP Submittal

A. Evaluation of December 1, 2014, Arkansas SIP Revision with respect to 40 CFR Part 51, Appendix V.

The criteria for completeness determination ar e found in Appendix V to Part 51 - Criteria for determining the completeness of plan submissions and are outlined below:

1.0 Purpose: This appendix V sets forth the minimum criteria for determining whether a State implementation plan submitted for consideration by EPA is an official submission for purposes of review under § 51.103.

1.1 The EPA shall return to the submitting official any plan or revision thereof which fails to meet the criteria set forth in this appendix V, and request corrective action, identifying the component(s) absent or insufficient to perform a review of the submitted plan.

1.2 The EPA shall inform the submitting official whether or not a plan submission meets the requirements of this appendix V within 60 days of EPA's receipt of the submittal, but no later than 6 months after the date which the State was required to submit the plan or revision. If a completeness de termination is not made by 6 months from receipt of a submittal, the submittal shall be deemed complete by operation of law on the date 6 months from receipt. A determination of complete ness under this paragraph means that the submission is an official s ubmission for purposes of §51.103.

The attached checklist outlines the basic criter ia included under 2.1, 2.2, and 2.3 of Appendix V.5 SIP Completeness Checklist for the December 1, 2014, SIP Submittal

Administrative Materials (2.1)

1. The package is sent with a formal submitta l letter from the Governor or his or her designee requesting EPA's approval of the revision.

Governor Mike Beebe, submitted a letter on December 1, 2014, formally submitting the revisions to the Arkansas SIP fo r the regulation and permitting of PM 2.5 emissions.

2. Evidence is included that the State has adopt ed the revision in the State code or body of regulations, or that the State has issued th e permit, order, consen t agreement (hereafter document) in final form. This evidence would include the date of adoption or final issuance and the effective date of revision, if different from adoption/issuance date. Because this submittal was accompanied by a request for parallel processing, the State

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

The December 1, 2014, letter indicates the Arkansas Pollution Control and Ecology Commission adopted the revisions to Re gulation Number 19 on August 22, 2014. The adopted revisions were effe ctive on September 13, 2014.

3. Evidence is included that the State has neces sary legal authority under State law to adopt and implement the revision, e.g., a citati on 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 re gulations implementing the substantive statutes charged to the Arkans as Department of Environmental Quality for

administration.”

4. A copy is included of the actual regulation or document submitted for approval and incorporation by reference into the SIP includin g an indication of the changes made to the existing approved plan where applicable. Th e submittal shall be a copy of the official State regulation document signed, stamped, and dated by the appropria te 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.

The December 1, 2014, submittal included a copy of the adopted revisions to Regulation Number 19. This submittal includes a copy of the official adopted State regulation document, signed, stamped and dated by Wi lliam Thompson, Chair of the Arkansas Pollution Control and Ecology Commission on August 22, 2014, effective on September 13, 2014.6 5. Evidence is included that the State followed all the procedural requirements of its laws and/or its constitution in the conducting a nd completing the adoption/issuance of the plan.

The submittal included a certification dated September 3, 2014, from Charles Moulton, Administrative Law Judge, that the revisions to Regulation Number 19 were adopted in compliance with Act 434 of 1967 Arkansas Administrative Procedures Act (ACA 25-15- 201 et. seq.).

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 copi es of any public notices publis hed in newspapers). (The notice should be at least 30 days prior to the public hearing(s).

Notices of public comment period and public hearing was published in the Arkansas Democrat Gazette on September 15, 2014. The comment period closed on October 29, 2014.

The public hearing was held on October 15, 2014, at 2PM in the ADEQ Headquarters.

7. A certification is included indi cating that public hearing(s) was/were held in accordance with the information provided in the pub lic notice(s) and the State's laws and constitution, if applicable.

The December 1, 2014, SIP submittal included a certification that the October 15, 2014, public hearing was held in accordance with the State’s laws.

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

The December 1, 2014, SIP submittal included a compilation of the public comments and State responses on the state regulation package and on the SIP proposal package.

Technical Support (2.2)

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

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

The December 1, 2014, revisions to the Arkans as SIP expands the applicability of the Arkansas PSD program to regulate direct emissions of PM 2.5 and its precursors7 consistent with federal requirements. The Arkansas 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 design ation of the locations and th e status of the attainment plan for the affected area(s) is included.

The December 1, 2014, revisions to the Arkans as SIP expands the applicability of the Arkansas PSD program to regulate direct emissions 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 allowa ble emissions from the affected sources is included. (Examples include estimates of changes in current actual emissions from affected sources and/or, where appropriate, quantification of changes in actual emissions from affected sources through calculations of the differen ces between certain baseline levels and allowable emissions anticipat ed if the revisions were approved.)

Quantification of “SIP allowable emissions ” is not required for the December 1, 2014, revision to the SIP. A determination of “a llowable emissions” consistent with the PSD permitting requirements will be addressed on a permit-by-permit basis.

4. Demonstration is included that the NAAQ S/PSD increments/RFP demonstration and visibility as applicable would be prot ected if the revision were approved and implemented.

The December 1, 2014, revision 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.8 5. FOR REDESIGNATIONS:

a. Is there a fully approved maintenance plan for the primary ambient air quality standards for at least 10 years as requ ired by §175A of the Clean Air Act?

Not applicable.

b. Are contingency measures included?

Not applicable.

6. Modeling information, if app licable, is required to s upport the proposed revision.

Modeling information is not necessary to support the analysis and review of the December 1, 2014, revisions to the Arkansas PSD program. Modeling will be provided on a permit-by-permit basis in accordance w ith the Arkansas PSD SIP regulations.

7. Evidence is included where necessary, that emission limitations are based on continuous emission reduction technology (e.g., add-on controls, industria l/process equipment designs, reformulated materials, etc.).

Evidence that emission limitations are based on continuous emission reduction technology is not necessary to support th e analysis and review of the December 1, 2014, revisions to the Arkansas PSD program. Emission limitations will be established on a permit-by-permit basis in accordance with the PSD SIP regulations.

8. Evidence is included indicating that a SIP re vision contains emission limitations, work practice standards, and recordkeeping/reporti ng requirements to ensure stated emission

levels.

The December 1, 2014, revisions to the Arkans as PSD SIP does not establish emission limitations, work practice standards, and reco rdkeeping/reporting requirements. They will be established on a permit-by-permit bas is 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 December 1, 2014, revisions to the Ark ansas PSD submittal does not establish compliance/enforcement strategies. Each PSD SIP permit will separately address compliance/enforcement.9 10. As appropriate, special economic and tec hnological jus tifications are included per applicable EPA policies or an explanation why such justificati ons are not necessary should be included. For example, requests for alternative RACT may require such justification.

These justifications are not necessary fo r December 1, 2014, revisions to the Arkansas PSD program.

The December 1, 2014, proposed SIP revision meets the completeness criteria established in 40 CFR part 51, Appendix V.10 

### B. Evaluation of Changes Adopted by AD EQ after EPA’s Proposed Approval

EPA’s TSD for the “Revisions to the Arkansas State Implementation Plan – Submitted on July 26, 2010; November 6, 2010; January 7, 2014; and September 10, 2014,” dated October 27, 2014, provides a line-by-line evaluation of all th e revisions to the Arkansas SIP submitted by ADEQ, including the revisions adopted on August 22, 2014, and submitted for parallel processing on September 10, 2014.

Arkansas regulations are pr omulgated in two phases:

 The first phase of public notice and comment rulemaking is for the proposal and adoption of the revision at the state le vel. The ADEQ started this firs t phase of the comment period on September 28, 2012, with a public heari ng on November 13, 2012. The comment period closed on December 19, 2012. The EPA provided comments during this phase of the rulemaking which were addressed by the ADE Q in the version of Regulation 19 adopted on August 22, 2014, fully effective on September 13, 2014.

 Following adoption of the rule at the state level, the ADEQ must then initiate a second phase of notice and comment rulemaking for inclusion of the adopted regulations into the Arkansas SIP. The ADEQ started this sec ond phase of rulemaking on September 15, 2014, ending on October 29, 2014, with a public hearing held on October 15, 2014.

It is during this second phase that the ADEQ requ ested parallel processing of revised regulations that were fully adopted at the state level, but had not yet completed the second phase of rulemaking to be included in a SIP submittal. The ADEQ received non-substantive comments during this second phase of the rulemaking.

As such, there were no changes made to the adopted rules after EPA’s proposed approval on November 10, 2014.11 

## III. Conclusion

The EPA has reviewed the December 1, 2014, final SIP revision for completeness and to determine whether any changes were made af ter proposal. The EPA has determined the SIP revision was developed and submitted consis tent with all federal requirements.

Therefore, as stated in our previous TS , dated October 27, 2014, for docket EPA-R06-OAR2014-0700, the EPA’s analysis finds that the propos ed revisions to the Arkansas SIP for the regulation and permitting of PM 2.5 emissions through the Arkansas PSD program are consistent with the CAA and EPA’s regulations. The EPA ha s also analyzed numerous revisions to the

remainder of the Arkansas SIP to correct form atting, grammar, and incorporation by reference dates. These revisions are also approvable. Th erefore, it is recommended that EPA finalize approval of the July 26, 2010, November 6, 2012, and December 1, 2014 submitted revisions to

the Arkansas SIP under section 110 and part C of the Act.