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 designated as Confidential Business Information. 

FOR FURTHER INFORMATION CONTACT: 

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

(6PD-R), 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733, (214) 665-2115. 
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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 ADEQ after EPA’s Proposed Approval ............... 10

III. Conclusion .............................................................................................................................. 11
I. Executive Summary 

On November 10, 2014, EPA proposed approval of portions 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 PM2.5 emissions in 

the Arkansas PSD program consistent with federal PSD permit requirements. 

The September 10, 2014, submittal was a request for 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 received 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 Docket EPA-R06-OAR-2014-0700, will evaluate only the 

December 1, 2014, final SIP submittal for completeness and to determine if any changes were 

made that would change the EPA’s proposed action. 
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II. Technical Evaluation of the December 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 are found in Appendix V to Part 51 - Criteria for 

determining the completeness of plan submissions and are outlined below: 

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

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

purposes of review under § 51.103. 

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

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

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

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

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

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

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

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

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

submission is an official submission for purposes of §51.103. 

The attached checklist outlines the basic criteria included under 2.1, 2.2, and 2.3 of Appendix V. 

 
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SIP Completeness Checklist for the December 1, 2014, SIP Submittal 

Administrative Materials (2.1) 

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

designee requesting EPA's approval of the revision. 

Governor Mike Beebe, submitted a letter on December 1, 2014, formally submitting the 

revisions to the Arkansas SIP for the regulation and permitting of PM2.5 emissions. 

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

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

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

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

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

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

The December 1, 2014, letter indicates the Arkansas Pollution Control and Ecology 

Commission adopted the revisions to Regulation Number 19 on August 22, 2014. The 

adopted revisions were effective on September 13, 2014. 

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

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

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

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

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

substantive statutes charged to the Arkansas Department of Environmental Quality for 

administration.” 

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

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

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

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

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

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

 

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 William Thompson, Chair of the Arkansas 

Pollution Control and Ecology Commission on August 22, 2014, effective on September 

13, 2014. 
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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. 

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 copies of any public notices published 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 indicating that public hearing(s) was/were held in accordance 

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

constitution, if applicable. 

 

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 following technical information in its SIP revision request package. 

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

The December 1, 2014, revisions to the Arkansas SIP expands the applicability of the 

Arkansas PSD program to regulate direct emissions of PM2.5 and its precursors 
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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 designation of the locations and the status of the attainment 

plan for the affected area(s) is included. 

The December 1, 2014, revisions to the Arkansas SIP expands the applicability of the 

Arkansas PSD program to regulate direct emissions of PM2.5 and its precursors 

consistent with federal requirements. The Arkansas PSD program applies statewide to 

major sources and modifications subject to the PSD permitting program. 

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

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

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

from affected sources through calculations of the differences between certain baseline 

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

Quantification of “SIP allowable emissions” is not required for the December 1, 2014, 

revision to the SIP. A determination of “allowable emissions” consistent with the PSD 

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

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

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

implemented. 

The 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. 
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5. FOR REDESIGNATIONS: 

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

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

 Not applicable. 

 b. Are contingency measures included? 

 Not applicable. 

6. Modeling information, if applicable, is required to support the proposed revision. 

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 with the Arkansas PSD SIP regulations. 

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

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

designs, reformulated materials, etc.). 

Evidence that emission limitations are based on continuous emission reduction 

technology is not necessary to support the analysis and review of the 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 revision contains emission limitations, work 

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

levels. 

The December 1, 2014, 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 December 1, 2014, revisions to the Arkansas PSD submittal does not establish 

compliance/enforcement strategies. Each PSD SIP permit will separately address 

compliance/enforcement. 
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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 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.
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B. Evaluation of Changes Adopted by ADEQ 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 the 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 promulgated in two phases: 

 The first phase of public notice and comment rulemaking is for the proposal and adoption 

of the revision at the state level. The ADEQ started this first phase of the comment period 

on September 28, 2012, with a public hearing 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 ADEQ 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 second 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 requested 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. 

 
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III. Conclusion 

The EPA has reviewed the December 1, 2014, final SIP revision for completeness and to 

determine whether any changes were made after proposal. The EPA has determined the SIP 

revision was developed and submitted consistent 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 proposed revisions to the Arkansas SIP for the 

regulation and permitting of PM2.5 emissions through the Arkansas PSD program are consistent 

with the CAA and EPA’s regulations. The EPA has also analyzed numerous revisions to the 

remainder of the Arkansas SIP to correct formatting, grammar, and incorporation by reference 

dates. These revisions are also approvable. Therefore, it is recommended that EPA 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.