i~E eEl VED

2010 AUG -3 PM 12: 53

;'::XTEHNAL MPAIRS DIVISION

STATE OF ARKANSAS

MIKE BEEBE

GOVERJ"JOR

July 26,2010

Dr. Al Annendariz, Regional Administrator

United States EPA Region VI

1445 Ross Avenue, Suite 1200

Dallas, TX 75202-2733

Re: Arkansas State Implementation Plan (SIP) Revision

Dear Dr. Annendariz:

The Arkansas Department of Environmental Quality (ADEQ) hereby submits

revisions to the Arkansas State Implementation Plan and Arkansas Pollution Control and

Ecology Commission's Regulation Number 19, Regulations of the Arkansas Plan of

Implementation for Air Pollution Control to the United States Environmental Protection

Agency (EPA) for approval. The regulation was adopted by the Arkansas Pollution

Control and Ecology Commission on December 5, 2008, and became effective January

25,2009.

, . The changes are summarized in the following documents. The State is requesting

that this SIP revision be reviewed and approved as expeditiously as possible.

This package consists of two hard copies and one electronic copy of the

following:

Introduction

Motion to Adopt Regulation Changes

State's Legal Authority to Adopt and Implement the Plan

Regulation with Changes Indicated

Regulation with Changes Incorporated

Procedural Requirements

- Regulation Tracking Sheet

- Arkansas Register Transmittal Sheet

- Arkansas State Library Agency Certification Form

Public Participation

Sl:.>Jl C>J'ITOL SLm 250 • lJrn.E RocK. AR 72201

TElf1'HO~'E (501) 682-2345 • E...x(501) 682-1382

L'TER.":rr \ VEE SITE • wW\'.:~.W'·
- Public Notice Information

- Public Hearing Sign-in Sheet

- Public Comments and Responsiveness Summary

If you have any questions, please contact Mike Bates at (501) 682-0750 or

bates@adeq.state.ar.us. Thank you for your consideration of ADEQ's submission.

Sincer~

t!Beebe

MB:jb

Enclosures
FILED

Pollution Comro) and EcoJogyC6mmiSSlOn'# .014.00-019

~.J:. i.,..; _ ." ,; '... . ':J; .....; .:: S'(/:r: i,i' ,. ,",',,:,':1,<":

ARKANSAS POLLUTION ~O~~.Rq,~:__

and ECOLOGY COMMISSION

REGULATION NO. 19

REGULATIONS OF THE ARKANSAS PLAN OF

IMPLEMENTATION FOR AIR POLLUTION

CONTROL

Adopted by the PC&E Commission in December, 2008
Revisions to the Arkansas State Implementation Plan 

Table of Contents 

Tab A Governor’s Submittal Letter 

 Tab B Introduction 

Tab C Evidence of Arkansas’s Adoption of the Revised Plan into 

Regulation 

 

Tab D State’s Legal Authority to Adopt and Implement the Plan 

 Tab E Regulation with Changes Indicated 

Tab F Regulation with Changes Incorporated 

 Tab G Procedural Requirements 

 - Affidavit 

 - Regulation Tracking Sheet 

- Arkansas Register Transmittal Sheet 

- Arkansas State Library Agency Certification Form 

Tab H Public Participation 

 - Public Notice Information 

- Public Hearing Sign-in Sheet 

 - Public Comments and Responsiveness Summary 
Arkansas State Implementation Plan Revision 

Introduction 

Amendments to the Regulations of the Arkansas Plan of Implementation (Arkansas 

Pollution Control Regulation Number 19) were adopted by the Commission on 

December 5, 2008, and became effective January 25, 2009. The amended regulation is 

now subject to United States Environmental Protection Agency (“EPA”) approval. 

Regulation Number 19 is applicable to any stationary source which has the potential to 

emit any federally regulated air pollutant (APC&EC Reg. 19.102). 

The regulatory amendments involve the following: 

(a) Adding a definition of Title I modification and modifying the definition of 

volatile organic compounds; 

(b) Updating Reg. 19.401, General Applicability, to change the emissions 

permitting thresholds (see Table I); 

(c) Clarifying that permit public notice requirements do not apply to changes in 

ownership or changes in name in Reg. 19.407; another modification to Reg. 

19.407 is the removal of language referring to disclosure statements and 

replacing it with a reference to Regulation Number 8, Administrative 

Procedures, which contains the applicable language; 

(d) Modifying and adding De Minimis levels in Reg. 19.407 for certain pollutants. 

De Minimis is the level at which a proposed modification would be considered 

trivial, and is changed from 5 tpy for carbon monoxide to 75 tpy; from 20 tpy 

for nitrogen dioxides, sulfur dioxides, or volatile organic compounds to 40 tpy; 

and De Minimis levels for particulate matter at 25 tpy and particulate matter 

that is 10 micrometers in diameter or smaller at 15 tpy is established; 

(e) Updating the incorporation by reference in Reg. 19.412, Dispersion Modeling, 

to include the latest version of EPA modeling guidance, 40 CFR Part 51 

Appendix W; 

(f) Adding the new sections Reg. 19.414, Operational Flexibility-Applicant’s Duty 

to Apply for Alternative Scenarios; Reg. 19.415, Changes Resulting in No 

Emission Increases; and Reg. 19.416, Permit Flexibility. Reg. 19.414 allows 

facilities to implement certain operating scenarios allowed for in the 

Regulation without obtaining a permit revision or notifying the Department. 

Reg. 19.415 also allows under certain circumstances for a permitted source 

to make limited changes in the facility which deviate with permit terms without 

obtaining a permit revision; Reg. 19.416 allows the Department to grant 

limited extensions to some testing, compliance or other dates in the permit. 

The Department may also allow temporary emissions and/or testing that 

would otherwise exceed a permitted emission rate, throughput requirement or 

other limit in a facility’s permit and the Department may grant a request to 

allow an alternative to the monitoring specified in a permit under certain 

circumstances; 

(g) Updating Reg. 19.904, Adoption of Regulations, to incorporate required 

changes to the State Implementation Plan (“SIP”). The change is an update 

of federal regulations that are incorporated by reference. The change makes 

Page 1 of 6 
Arkansas State Implementation Plan Revision

Introduction

a facility that is a major source for oxides of nitrogen or volatile organic

compounds also a major source for ozone. The change recognizes that both

oxides of nitrogen and volatile organic compounds are precursor pollutants for

ozone formation. This change was submitted for EPA review in a separate

submission;

(h) Changing in Appendix A, Insignificant Activities List in Group A, the list of

units, operations or activities that must be either listed as insignificant or

included in the permit application as sources to be permitted, to add an

exemption for generators that provide electricity to the distribution grid to item

number 12. Additionally in Group S, the list of emissions units, operations, or

activities that need not be included in a permit application, item number 69

has been changed with the addition of hazardous air pollutants to the list of

substances that cannot be used or emitted from mixers, blenders, roll mills, or

calendars for rubber or plastic for which no materials in powder form are

added; and

(i) Updating formatting, correcting typographical errors and inconsistencies in

the regulation and updating it to conform to state law.

These changes will reduce the regulatory burden on affected businesses by allowing

greater operational flexibility so the regulated community can better respond to market

changes. The changes will also allow the Department to focus resources on sources

which have a greater potential to impact the environment. The changes are consistent

with and allowable under federal programs. The proposed changes are protective of air

quality in the state and will not affect attainment goals. The changes also clarify existing

regulatory language, correct and update formatting and remove duplicative language

from other Arkansas Pollution Control and Ecology Commission regulations.

These changes have been made in conjunction with Regulation Number 18, Arkansas

Air Pollution Control Code and Regulation Number 26, Regulations of the Arkansas

Operating Air Permit Program to ensure consistency between the SIP and the Title V

program. The Regulation Number 26 changes will be submitted for approval under

separate cover.

Among other changes to the regulation were changes in the level of emissions

necessary to require a permit (permit threshold). The Department found that for small

sources the permitting process had evolved into a ministerial process. Table I contains

a comparison of the old and new permit thresholds.

Page 2 of 6
Arkansas State Implementation Plan Revision 

Introduction 

Table I 

Comparison of Permit Thresholds in tons per year (tpy) 

Pollutant Old Permit 

Threshold 

New Permit 

Threshold 

CO 40 75 

NOx 25 40 

SO2 25 40 

VOC 25 40 

PM10 10 15 

Lead 0.5 0.5 

Single 

Hazardous Air 

Pollutant (HAP) 

1.0 2.0 

Multiple HAPs 3.0 5.0 

Table II 

Comparison of De Minimus Levels in tpy 

Pollutant Old De Minimus 

Levels 

New De Minimus 

Level 

CO 5 75 

NOx 20 40 

SO2 20 40 

VOC 20 40 

PM None 25 

PM10 None 15 

Lead 0.5 0.5 

During the regulatory revision process, ADEQ staff reviewed permitted facilities in order 

to determine which facilities with permits would no longer be required to have one under 

the new regulation. ADEQ determined that there were 77 facilities with permits that had 

permitted emissions below the new proposed permit thresholds. Of these facilities, 51 

had permitted emissions below the old permit thresholds but retained their permits for a 

variety of reasons. That left 26 facilities with emissions between the old and new permit 

thresholds. Of these 26 facilities, six would still be required to have permits, leaving 

only 20 facilities which were previously required to have a permit under the old 

regulation but which will not be required to have one under the new regulation. 

The files of the 20 facilities which were no longer required to have permits were 

examined in order to determine the facilities’ emissions and their potential impact on air 

quality. The permitted emissions from all 20 of these facilities are detailed in Appendix 

Page 3 of 6 
Arkansas State Implementation Plan Revision 

Introduction 

I. The total permitted emissions from these facilities and their percentage of the entire 

statewide inventory are listed below. 

Table III 

Emissions from Facilities No Longer Required to Have Permits 

Pollutant PM10 SO2 VOC CO NOx

Emissions (tpy) 102.9 6.7 155.5 173.9 322.7 

Percentage of 

State’s Inventory 0.03% 0.006% 0.009% 0.009% 0.125% 

As a result of this analysis, ADEQ has concluded that the minor sources no longer 

requiring permits will have De Minimis and trivial emissions and will have no potential to 

cause or contribute to a violation of any national ambient air quality standard. ADEQ 

does not conduct impact analyses on these minor source permits due to their extremely 

small impact. In addition, these percentages are well below the emission percentages 

from unregulated minor sources under EPA’s proposed Federal Implementation Plan 

(FIP) titled “Review of New Sources and Modifications in Indian Country.” Table IV 

shows this comparison. The percentages shown represent the amounts that 

unregulated minor sources have on total emissions per pollutant. The percentages for 

the FIP were obtained from “Analysis of the Proposed Minor NSR Thresholds” dated 

October 24, 2005, which was included in the docket for the proposed rulemaking. 

Table IV 

Comparison of Arkansas’s SIP to Proposed FIP 

Pollutant PM10 SO2 VOC CO NOx

FIP unregulated minor 

sources (% of tpy) 1.3% 0.1% 1.1% 0.8% 0.6% 

New Arkansas minor sources 

not requiring permits 

(% of tpy) 

0.03% 0.006% 0.009% 0.009% 0.125%

Sources affected by this SIP revision are found throughout the state. ADEQ has 

submitted a maintenance plan for Crittenden County, which had been redesignated to 

“attainment” for ozone non-attainment under the 1997 National Ambient Air Quality 

Standard, effective April 23, 2010. EPA published their approval of Arkansas’s 

maintenance plan in the Federal Register on March 24, 2010, with an effective date of 

April 23, 2010. 

Although these revisions change the permitting thresholds for sources in Arkansas, the 

allowable emission limits are not being changed for any source. Therefore, these 

revisions do not limit the Department’s ability to meet the National Ambient Air Quality 

Standards, Prevention of Significant Deterioration increments, Reasonable Further 

Progress demonstrations or visibility goals. 

Page 4 of 6 
Arkansas State Implementation Plan Revision 

Introduction 

Since allowable emission limits are not being changed, supplementary modeling 

information and evidence that emission limitations are based on continuous emission 

reduction technology are not necessary for this submittal. No substantive revisions 

have been made to the emission limitations, work practice standards or 

recordkeeping/reporting requirements portions of this SIP. Furthermore, the 

Department’s existing compliance and enforcement strategies will remain in place. 

Special economic and technological justifications are not necessary with these revisions 

because the changes are allowable under federal rules and regulations, do not 

disproportionably affect certain industries or areas of the state, and do not require 

special, new or different technologies to be used by the affected facilities. 

 

Page 5 of 6 
Arkansas State Implementation Plan Revision 

Introduction 

Page 6 of 6 

Appendix I 

Detailed Emission Data from Sources no Longer Needing Permits

AFIN Permit # Permitted Emission Rates (tpy) 

PM10 SO2 VOC CO NOx 

1500093 1549-AR-1 14.9 0.2 20 0.8 3.8 

1100046 497-AR-4 1 0.1 1.6 4.2 20.1 

8800664 2007-A 3 0.2 8.1 1.5 20.3 

4700235 1207-AR-3 11.3 

1700152 1408-AR-4 6.6 0.1 0.3 2 2.3 

1600248 1210-A 7.2 0.2 1.2 4.4 21.9 

2900035 1291-AR-3 4 2.1 2.2 11 24.3 

6600417 1144-AR-3 5.5 37.2 24.8 

7500017 1626-A 3.7 2 2 7.6 25.1 

3100123 1692-AR-3 7.2 0.6 1.5 23.2 25.5 

5600099 1655-AR-1 11.6 0.2 1.4 19.6 30.2 

6000296 1511-A 3.1 0.1 1.3 7.5 30.2 

1900019 397-AR-1 9.6 0.4 0.6 4.6 19 

3000125 2112-A 31.2 

5900016 357-AR-1 13.3 

3600109 1180-AR-3 1.9 28.2 35.9 

0400286 1749-A 2.1 36.5 

7200604 1799-AR-3 4.3 0.5 2 22.1 37.7 

3500228 1117-AR-1 38.2 1.6 

5500006 1688-A 1.8 0.1 34.8 1.8 1.8 

Total 104.7 6.8 190.3 175.7 324.5 
ARKANSAS POLLUTION CONTROL

AND ECOLOGY COMMISSION

MINUTE ORDER NO. 08 - g

SUBJECT Adoption of

Revisions to Regulation 19,

Regulations of the Arkansas

Plan of Implementation for

Air Pollution Control

DOCKET NO. 08-008-R

PAGE 1 OF 1

Pursuant to public notice and hearing, and in consideration

of comments received, the Arkansas Pollution Control and

Ecology Commission hereby adopts changes to Regulation

No. 19, Regulations ofthe Arkansas Plan of Implementation

for Air Pollution Control.

PROMULGATED THIS 5th DAY OF DECEMBER, 2008, BY ORDER OF THE

ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION.

BY: W~Dt~ ~~ William Thompson, Chairman

ATTEST: ~~~ TereS;MaIh, Director

APPROVED:

--+--+------==-------

COMMI~~ERS

___--=~:::........:::.o<.._ __ L. Bengal

S. Henderson

_-----"'L _ h D. Hendrix

C. McGrew

__----;~~;:;;L--=J~D.Samples

Z~ T. Schueck

( li J. Shannon

___---,,-,....,....- L. Sickel

- ----tWc...::....:>.lL----- J. Simpson I ________ W. Thompson

___....-------;- E. Valdez

---i~~ B. White

-----lI~L....Loo=------ R. Young

Chairman

SUBMITTED BY: Mike Bates PASSED: 12/05/08
ARKANSAS REmSTER

Tratrsmitfar Sheet oj : - ,

'~',Lt~~i :, , ,","\ \

Charl iesD>.ahiels

Secr~Q..f.§tate... .,,,-----

State Capitol Room 026

Little Rock, Arkansas 72201-1094

(501) 682-3527

For Office

Use Only:

Effective Date Code Number

N f A Arkansas Department of Environmental Quality

arne 0 gency

Department Arkansas Pollution Control & Ecology Commission

Bates@adeq.state.ar.us

Phone (501) 682-0750 Contact Mike Bates E-mail

Statutory Authority for Promulgating Rules A. C. A. § 8-1-203(b)(1).

Regulation No. 19, Regulations of the AR Plan of Implementation for Air Pollution Control; Docket No 08-008-R; Minute Order No. 08-38.

Rule Title:

Intended Effective Date Date

0 Emergency Legal Notice Published ................................. 07/02/08

[2] 10 Days After Filing Final Date for Public Comment .................... 08/18/08

o Other Reviewed by Legislative Council ................... 11/06/08

Adopted by StateAgency ............................. 12/05/08

o Electronic Copy of Rule Provided on disk or CD (per Acl1478 of 2003)

o Electronic Copy of Rule e-mailed from:

Contact Person Email Address Date

CERTIFICATION OF AUTHORIZED OFFICER

I Hereby Certify That The Attached Rules Were Adopted

In comPlian1~th Act 434 of 1967 As Amended.

~A4s2:,~ (501) 682-7890 omalley@adeq.state.ar.us

Phone Number E-mail Address

Administrative Hearing Officer

ntle

01/15/09

Date

Rev. 04
State’s Legal Authority to Adopt and Implement the Plan 

The State’s legal authority to adopt and implement this State Implementaito Plan revision 

can be found in Arkansas Code Annotated (A.C.A.) § 8-1-203(b)(1). 
8-1-203. Powers and responsibilities of the Arkansas Pollution Control and Ecology 

Commission. 

(a)The Arkansas Pollution Control and Ecology Commission shall meet regularly in 

publicly noticed open meetings to discuss and rule upon matters of environmental 

concern. 

(b)The commission's powers and duties shall be as follows: 

(1)(A)Promulgation of rules and regulations implementing the substantive statutes 

charged to the Arkansas Department of Environmental Quality for administration. 

(B)In promulgation of such rules and regulations, prior to the submittal to public 

comment and review of any rule, regulation, or change to any rule or regulation that is 

more stringent than the federal requirements, the commission shall duly consider the 

economic impact and the environmental benefit of such rule or regulation on the people 

of the State of Arkansas, including those entities that will be subject to the regulation. 

(C)The commission shall promptly initiate rulemaking proceedings to further implement 

the analysis required under subdivision (b)(1)(B) of this section. 

(D)The extent of the analysis required under subdivision (b)(1)(B) of this section shall be 

defined in the commission's rulemaking required under subdivision (b)(1)(C) of this 

section. It will include a written report which shall be available for public review along 

with the proposed rule in the public comment period. 

(E)Upon completion of the public comment period, the commission shall compile a 

rulemaking record or response to comments demonstrating a reasoned evaluation of the 

relative impact and benefits of the more stringent regulation; 

(2)Promulgation of rules, regulations, and procedures not otherwise governed by 

applicable law that the commission deems necessary to secure public participation in 

environmental decision-making processes; 

(3)Promulgation of rules and regulations governing administrative procedures for 

challenging or contesting department actions; 

(4)In the case of permitting or grants decisions, providing the right to appeal a permitting 

or grants decision rendered by the Director of the Arkansas Department of Environmental 

Quality or his or her delegatee; 

(5)In the case of an administrative enforcement or emergency action, providing the right 

to contest any such action initiated by the director; 

(6)Instruct the director to prepare such reports or perform such studies as will advance the 

cause of environmental protection in the state; 
(7)Make recommendations to the director regarding overall policy and administration of 

the department. However, the director shall always remain within the plenary authority of 

the Governor; and 

(8)Upon a majority vote, initiate review of any director's decision. 

(c)(1)In providing for adjudicatory review as contemplated by subdivisions (b)(4) and (5) 

of this section, the commission may appoint one (1) or more administrative hearing 

officers. The administrative hearing officers shall at all times serve as agents of the 

commission. 

(2)In hearings upon appeals of permitting or grants decisions by the director or contested 

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 or her recommended 

decision to the commission. 

(3)(A)(i)Commission review of any appealed or contested matter shall be upon the record 

compiled by the administrative hearing officer and his or her recommended decision. 

(ii)Commission review shall be 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 all parties of the 

adjudicatory hearing. 

(C)(i)By the majority vote of a quorum, the commission may affirm, reverse and dismiss, 

or reverse and remand to the director. 

(ii)If the commission votes to affirm or reverse, such decision shall constitute final 

agency action for purposes of appeal. 

(4)Any party aggrieved by the commission decision may appeal as provided by 

applicable law. 

(d)The chair of the Arkansas Pollution Control and Ecology Commission may appoint 

one (1) or more committees composed of commission members to act in an advisory 

capacity to the full commission. 

1. 2; 1995, No. 117, § 7; 1993, No. 1264, § 7; 1993, No. 165, § 1; 1993, No. 163, §

History.Acts 1991, No. 1230, § 
Pollution Control and Ecology Commission # 014.00-019 

 

ARKANSAS POLLUTION CONTROL

and ECOLOGY COMMISSION

REGULATION NO. 19 

REGULATIONS OF THE ARKANSAS PLAN OF 

IMPLEMENTATION FOR AIR POLLUTION 

CONTROL 

INITIAL DRAFT 

Submitted to the PC&E Commission in June, 2008 

EXHIBIT A 
i 

TABLE OF CONTENTS 

CHAPTER 1: TITLE, INTENT, AND PURPOSE .................................................................... 1-1 

Reg. 19.101 Title............................................................................................................. 1-1 

Reg. 19.102 Applicability............................................................................................... 1-1 

Reg. 19.103 Intent and Construction .............................................................................. 1-1 

Reg. 19.104 Severability................................................................................................. 1-2 

CHAPTER 2: DEFINITIONS .................................................................................................... 2-1 

CHAPTER 3: PROTECTION OF THE NATIONAL AMBIENT AIR QUALITY 

STANDARDS...................................................................................................... 3-1 

Reg. 19.301 Purpose ....................................................................................................... 3-1 

Reg. 19.302 Department Responsibilities....................................................................... 3-1 

Reg. 19.303 Regulated Sources Responsibilities............................................................ 3-1 

Reg. 19.304 Delegated Federal Programs....................................................................... 3-2 

CHAPTER 4: MINOR SOURCE REVIEW................................................................................ 4-1 

Reg. 19.401 General Applicability ................................................................................. 4-1 

Reg. 19.402 Approval Criteria........................................................................................ 4-1 

Reg. 19.403 Owner/Operator's Responsibilities ............................................................. 4-1 

Reg. 19.404 Required Information ................................................................................. 4-2 

Reg. 19.405 Action on Application ................................................................................ 4-2 

Reg. 19.406 Public Participation .................................................................................... 4-4 

Reg. 19.407 Permit Amendments ................................................................................... 4-5 

Reg. 19.408 Exemption from Permitting...................................................................... 4-11 

Reg. 19.409 Transition.................................................................................................. 4-12 

Reg. 19.410 Permit Revocation and Cancellation ........................................................ 4-12 

Reg. 19.411 General Permits ........................................................................................ 4-12 

Reg. 19.412 Dispersion Modeling ................................................................................ 4-13 

Reg. 19.413 Confidentiality.......................................................................................... 4-14

Reg. 19.414 Operational Flexibility-Applicant's Duty to Apply for Alternative 

Scenarios ............................................................................................ 4-15

Reg. 19.415 Changes Resulting in No Emissions Increases......................................... 4-16

Reg. 19.416 Permit Flexibility...................................................................................... 4-16

Reg. 19.417 Registration............................................................................................... 4-18

CHAPTER 5: GENERAL EMISSIONS LIMITATIONS APPLICABLE TO EQUIPMENT... 5-1 
ii 

Reg. 19.501 Purpose ....................................................................................................... 5-1 

Reg. 19.502 General Regulations ................................................................................... 5-1 

Reg. 19.503 Visible Eemission Rregulations ................................................................. 5-1 

Reg. 19.504 Stack Hheight/Ddispersion Rregulations ................................................... 5-2 

Reg. 19.505 Revised Eemissions Llimitation................................................................. 5-2 

CHAPTER 6: UPSET AND EMERGENCY CONDITIONS.................................................... 6-1 

Reg. 19.601 Upset Cconditions ...................................................................................... 6-1 

Reg. 19.602 Emergency Cconditions.............................................................................. 6-2 

CHAPTER 7: SAMPLING, MONITORING, AND REPORTING REQUIREMENTS........... 7-1 

Reg. 19.701 Purpose ....................................................................................................... 7-1 

Reg. 19.702 Air Emissions Sampling............................................................................. 7-1 

Reg. 19.703 Continuous Emissions Monitoring............................................................. 7-2 

Reg. 19.704 Notice of Completion ................................................................................. 7-3 

Reg. 19.705 Record Keeping and Reporting Requirements........................................... 7-3 

Reg. 19.706 Public Availability of Emissions Data ....................................................... 7-4 

CHAPTER 8: 111(D) DESIGNATED FACILITIES................................................................. 8-1 

Reg. 19.801 Purpose ....................................................................................................... 8-1 

Reg. 19.802 Permit Emissions Limitations..................................................................... 8-1 

Reg. 19.803 Sulfuric Acid Plants (H2SO4 Mist)............................................................. 8-1 

Reg. 19.804 Kraft Pulp Mills (TRS)............................................................................... 8-1 

CHAPTER 9: PREVENTION OF SIGNIFICANT DETERIORATION................................... 9-1 

Reg. 19.901 Title............................................................................................................. 9-1 

Reg. 19.902 Purposes...................................................................................................... 9-1 

Reg. 19.903 Definitions .................................................................................................. 9-1 

Reg. 19.904 Adoption of Regulations............................................................................. 9-2 

CHAPTER 10: REGULATIONS FOR THE CONTROL OF VOLATILE ORGANIC 

COMPOUNDS IN PULASKI COUNTY.......................................................... 10-1 

Reg. 19.1001 Title......................................................................................................... 10-1 

Reg. 19.1002 Purpose ................................................................................................... 10-1 

Reg. 19.1003 Definitions .............................................................................................. 10-1 

Reg. 19.1004 General Provisions.................................................................................. 10-5 

Reg. 19.1005 Provisions fFor Specific Processes....................................................... 10-13 

Reg. 19.1006 Severability........................................................................................... 10-18 

CHAPTER 11: MAJOR SOURCE PERMITTING PROCEDURES....................................... 11-1 

CHAPTER 12: [RESERVED].................................................................................................. 12-1 
iii 

CHAPTER 13: STAGE I VAPOR RECOVERY..................................................................... 13-1 

Reg. 19.1301 Purpose ................................................................................................... 13-1 

Reg. 19.1302 Applicability........................................................................................... 13-1 

Reg. 19.1303 Definitions .............................................................................................. 13-1 

Reg. 19.1304 Exemptions............................................................................................. 13-3 

Reg. 19.1305 Prohibited Activities............................................................................... 13-4 

Reg. 19.1306 Record Keeping...................................................................................... 13-5 

Reg. 19.1307 Inspections.............................................................................................. 13-5 

Reg. 19.1308 Vapor Recovery Systems ....................................................................... 13-5 

Reg. 19.1309 Gasoline Delivery Vessels...................................................................... 13-6 

Reg. 19.1310 Owner/Operator Responsibility.............................................................. 13-6 

Reg. 19.1311 Test Methods .......................................................................................... 13-7 

Reg. 19.1312 Effective Date......................................................................................... 13-8 

CHAPTER 14: CAIR NOX OZONE SEASON TRADING PROGRAM GENERAL 

PROVISIONS.................................................................................................... 14-1 

Reg. 19.1401 Adoption of Regulations......................................................................... 14-1 

Reg. 19.1402 State Trading Budget.............................................................................. 14-1 

Reg. 19.1403 Timing Requirements for CAIR NOx Ozone Season Allowance 

Allocations ......................................................................................... 14-1 

Reg. 19.1404 CAIR NOx Ozone Season Allowance Allocations................................. 14-2 

CHAPTER 15: REGIONAL HAZE ......................................................................................... 15-1 

Reg. 19.1501 Purpose ................................................................................................... 15-1 

Reg. 19.1502 Definitions .............................................................................................. 15-1 

Reg. 19.1503 BART Eligible Sources .......................................................................... 15-1 

Reg. 19.1504 Facilities Subject-to-BART.................................................................... 15-3 

Reg. 19.1505 BART Requirements .............................................................................. 15-3 

Reg. 19.1506 Compliance Provisions........................................................................... 15-7 

Reg. 19.1507 Permit Reopening ................................................................................... 15-7 

CHAPTER 16: EFFECTIVE DATE ........................................................................................ 16-1 

Reg. 19.1601 Effective Date......................................................................................... 16-1 

APPENDIX A: INSIGNIFICANT ACTIVITIES LIST.................................................................1 
1-1

CHAPTER 1: TITLE, INTENT, AND PURPOSE 

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.” 

Reg. 19.102 Applicability 

These regulations are applicable to any stationary source which has the potential to emit any 

federally regulated air pollutant. 

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 Commission in satisfaction of certain 

requirements 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 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) as of July 1, 1997. This subsection shall not be construed as limiting 

the future delegation of federal programs to the Department for administration. 

(B) Regulation 19, as amended, is further intended to limit the federal enforceability of its 

requirements to only those mandated by federal law. Regulation 19, as amended, is 

also intended to facilitate a permit system for stationary sources within the State, which 
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permit shall provide which provisions are federally enforceable and which provisions 

are state enforceable. 

(C) Regulation 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 that 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 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 enforceable. 

(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 maintaining 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 manifestly 

inconsistent with its substantive terms. 

(E) Nothing in Regulation 19 shall be construed as curtailing the Department’s or 

Commission’s authority under state law. 

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. 
2-1

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: 

“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. 

“Actual emissions” means the quantity of federally regulated air pollutants emitted from a 

stationary source considering emissions control equipment and actual hours of source operation 

or amount of material processed. 

“Commission” means the Arkansas Pollution Control and Ecology Commission. 

“Construction” means fabrication, erection, or installation of equipment. See also 40 CFR 60.2, 

40 CFR 51.165, and 40 CFR 52.21. 

“Control apparatus” means any device which prevents, controls, detects or records the 

emission of any federally regulated air pollutants. 

“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 the 

Department, the reference is to the staff of the Department acting at the direction of the Director. 

“Director” means the Director director of the Arkansas Department of Environmental Quality, 

or its successor, acting directly or through the staff of the Department. 

“Emission limitation” and “emission standard” mean a requirement established by the 

Department or the Administrator of the United States Environmental Protection Agency which 

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 to assure continuous emission 
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reduction. 

“Emission unit” means any article, machine, equipment, operation, or contrivance that emits or 

has the potential to emit any federally regulated air pollutant. 

“EPA” means the United States Environmental Protection Agency. 

“Equipment” means any 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 serving 

the equipment. 

“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 

effective date of this regulation. 

“Federally regulated air pollutant” means the following: 

(A) (1) Nitrogen oxides or any volatile organic compounds; 

(B) (2) Any pollutant for which a National Ambient Air Quality Standard has been 

 promulgated; 

(C) (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; 

(D) (4) Any Class I or II 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. as 

amended as of July 1, 1997.

“Fugitive 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 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 
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industries for which an approved EPA definition exist under federal law or regulation and which 

are meeting that law or regulation. 

“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., as of the effective date of this regulation. 

“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 exceed the 

 permitted operating capacity of the source; 

 (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. 

“National Ambient Air Quality Standard” or “(NAAQS),” mean those ambient air quality 

standards promulgated by the EPA in 40 CFR Part 50. 

“Opacity” means the degree to which air emissions reduce the transmission of light and obscure 

the view of an object in the background. 

“Operator” means any person who leases, operates, controls, or supervises any equipment 

affected by these regulations. 
2-4

“Owner” means any person who has legal or equitable title to any source, facility, or equipment 

affected by these regulations. 

“Particulate matter” means any airborne finely divided solid or liquid material with an 

aerodynamic diameter equal to or less than 100 micrometers. 

“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. 

“Person” means any individual or other legal entity or their legal representative or assignee. 

“Plan” means the Arkansas Plan of Implementation for Air Pollution Control. 

“PM2.5” means particulate matter with an aerodynamic diameter less than or equal to a nominal 

two and one-half (2.5) micrometers.

“PM10” 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 as of December 8, 1984. 

“PM10 emissions” means PM10 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. 

“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 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 would have on emissions is enforceable to the extent it is 
2-5

regulated by the federal Clean Air Act, 42 U.S.C. §§ 7401 et seq. as of February 15, 1999. 

Secondary air emissions do not count in determining the potential to emit of a stationary source. 

“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 representative 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 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 

 the agency (e.g., a Regional 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 any other purposes under Part 70. 
2-6

“Secondary emissions” means those emissions of federally regulated air pollutants which, 

although associated with a source, are not emitted from the source itself. 

“Shutdown” means the cessation of operation of equipment. 

“Startup” means the setting in operation of equipment. 

“Stationary source” means any building, structure, facility, or installation which emits or may 

emit any federally regulated air pollutant. 

“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.

“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. 

(A) (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 1,1,2-trichloro-1,2,2-trifluoroethane (CFC113); 

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 (HFC-134a); 

1,1-dichloro 1-fluoroethane (HCFC-141b); 
2-7

1-chloro 1,1-difluoroethane (HCFC-142b); 

2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);

pentaflurorethane (HFC-125); 

1,1,2,2-tetrafluoroethane (HFC-134); 

1,1,1-trifluoroethane (HFC-143a); 

1,1-difluoroethane (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-decafluoropentane (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 (C4F9OCH3 or HFE-7100); 

 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3- 

 heptafluoropropane ((CF3)2CFCF2OCH3); 

 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE 7200); 

 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 

 ((CF3)2CFCF2OC2H5); 

 methyl acetate; 

 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3 or HFE-7000);

3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE7500)

 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea);

 methyl formate (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) (a) cyclic, branched, or linear, completely fluorinated alkanes; 

 (2) (b) cyclic, branched, or linear, completely fluorinated ethers with no 

 unsaturations; 
2-8

 (3) (c) cyclic, branched, or linear, completely fluorinated tertiary amines with no 

 unsaturations; and

 (4) (d) sulfur containing perfluorocarbons with no saturations and with sulfur 

 bonds only to carbon and fluorine. 

(B) (2) 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 compounds 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. 

(C) (3) 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 negligibly-reactive compounds in the source’s sources’ emissions. 

(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.
3-1 

CHAPTER 3: PROTECTION OF THE NATIONAL AMBIENT AIR 

QUALITY STANDARDS 

Reg. 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. 

Reg. 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 federally 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. 

Reg. 19.303 Regulated Sources Responsibilities 

Any source subject to the provisions of this Plan shall be responsible 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. 
3-2 

(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 

possible. 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. 

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 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.) 
4-1 

CHAPTER 4: MINOR SOURCE REVIEW 

Reg. 19.401 General Applicability 

No person shall cause or permit the operation, construction, or modification of a stationary 

source, whose actual emissions are: 

75 40 tons per year or more of carbon monoxide; 

40 25 tons per year or more of nitrogen oxides; 

40 25 tons per year or more of sulfur dioxide; 

40 25 tons per year or more of volatile organic compounds; 

15 10 tons per year or more of PM10; 

0.5 tons per year or more of lead; 

2.0 1.0 ton per year or more of any single hazardous air pollutant; or 

5.0 3.0 tons per year or more of any combination of hazardous air pollutants 

without first obtaining a permit from the Department pursuant to the provisions of this chapter. 

Reg. 19.402 Approval Criteria 

No permit shall be granted or modified under this chapter unless the owner/operator 

demonstrates to the reasonable satisfaction of the Department that the stationary source will be 

constructed or modified to operate without resulting in a violation of applicable portions of this 

regulation or without interfering with the attainment or maintenance of a national ambient air 

quality standard. 

Reg. 19.403 Owner/Operator's Responsibilities 

Issuance of a permit by the Department does not affect the responsibility of the owner/operator 

to comply with applicable portions of this regulation. 
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Reg. 19.404 Required Information 

(A) General 

Application for a permit shall be made on such forms and contain such information as the 

Department may reasonably require, including but not limited to: 

 (1) information on the nature and amounts of federally regulated air pollutants to be 

 emitted by the stationary source; and 

 (2) such information on the location, design, and operation of stationary source as the 

 Department may reasonably require. 

(B) Duty to Supplement Submittal 

If, while processing an application that has been determined to be complete, the Department 

determines that additional information is necessary to evaluate or take final action on that 

application, the Department may request such information in writing and set a reasonable 

deadline for a response. 

(C) Duty to Correct Submittal 

Any owner/operator who fails to submit any relevant facts or who has submitted incorrect 

information, shall, upon becoming aware of such failure or incorrect submittal, promptly submit 

such supplementary facts or corrected information. In addition, an applicant shall provide 

additional information as necessary to address any relevant requirements that become applicable 

to the stationary source before final action is taken on its application. 

Reg. 19.405 Action on Application 

(A) Technical Review 

The Department will review the application submitted under this chapter in order to ensure to 

their reasonable satisfaction that: 
4-3 

 (1) the stationary source will be constructed or modified to operate without 

 interfering with attainment or maintenance of a national ambient air quality 

 standard; 

 (2) the stationary source will be constructed or modified to operate without violating 

 any applicable regulation adopted by the U.S. Environmental Protection Agency 

 pursuant to §§111, 112, and 114 of the Clean Air Act as amended; 

 (3) the stationary source will be constructed or modified to operate without resulting 

 in a violation of any applicable provisions of this regulation; 

 (4) the emission rate calculations are complete and accurate; and 

 (5) if the facility wishes to measure and/or monitor operating parameters rather than 

 actual emissions, the application describes a process which will be used to ensure 

 that the calculations are translated into enforceable limits on operational 

 parameters rather than emissions. 

(B) Proposed Action 

(1) If the Department initially determines the requirements of Reg. §19.405(A) are 

met, they shall prepare a draft permit which: 

 (a) contains such conditions as are necessary to comply with this Regulation; 

 (b) addresses all recognized federally regulated air pollutant emissions and all 

 federally regulated air pollutant emitting equipment at the stationary 

 source except pollutants or equipment specifically exempt. 

 (2) If the Department initially determines the requirements of this chapter are not 

 met, they shall prepare a notice of intent to deny. This notice will state the 

 reasons for the Department's denial of the stationary source's submittal. 

(3) Except as provided in Reg. §19.407, the public shall have an opportunity to 

comment on the Department's proposed permit decision in accordance with Reg.

§19.406. 
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 (4) Within 90 days of receipt by the Department of an initial permit application, or an 

 application for a major modification which contains such information as required 

 by the Department (unless said period is extended by mutual agreement between 

 the Department and the applicant), the Department shall notify the applicant in 

 writing of its draft permitting decision. If the Department fails to take action of 

 the application within the prescribed time frames, the aggrieved applicant may 

 petition the Commission for relief from Department inaction. The Commission 

 shall either grant or deny the petition within 45 days of its submittal. 

(C) Final Action 

The Department shall take final action on a permit application after the close of the public 

comment period. The Department shall notify in writing the owner/operator and any person that 

submitted a written comment, of the Department’s final action and the Department’s reasons for 

its final action. 

Reg. 19.406 Public Participation 

(A) General 

No permit shall be issued, denied, or modified unless the public has first had an opportunity to 

comment on the information submitted by the owner/operator and the Department’s analysis, as 

demonstrated by the permit record, of the effect of construction or modification on ambient air 

quality, including the Department's proposed approval or disapproval of the permit. 

(B) Public Availability of Information 

For purposes of this section, opportunity to comment shall include, at a minimum: 

 (1) Availability for the public inspection in at least one location in the area where the 

 source is located, or proposes to locate, and in the Department’s central offices of 

 the Department’s draft decision, information submitted by the owner/operator, 

 and any information developed by the Department in support of its draft permit 

 decision; 

 (2) A 30-day period for submittal of public comment (beginning on the date of the 

 latest newspaper notice, ending on the date 30 days later); 
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 (3) A publication in a newspaper of general circulation in the area where the source is 

 located or proposes to locate, and in a State publication designed to give general 

 public notice. Such notice shall, as a minimum, describe the locations at which 

 the information submitted by the owner/operator and the Department’s analysis of 

 this information, may be inspected and the procedure for submitting public 

 comment; 

 (4) A copy of the notice, required pursuant to this subsection, shall be sent to the 

 owner/operator and to the: 

 (a) Regional Administrator of the United States Environmental Protection 

 Agency; 

 (b) mayor of the community where the stationary source is proposed to be 

 constructed or modified; 

 (c) county judge of the county where the equipment is proposed to be 

 constructed or modified; and 

 (d) appropriate air pollution control agencies of adjoining states if the 

 construction or modification of the source will impact air quality in 

 adjoining states. 

 (5) Public comments addressing the technical merits of the permit application and the 

 Department’s analysis of the effect of the proposed emissions on air quality 

 submitted in accordance with procedures in the public notice shall be considered 

 by the Department prior to taking final action on the permit application. 

Reg. 19.407 Permit Amendments 

(A) Administrative Permit Amendments 

 (1) An administrative permit amendment is a permit revision that: 

 (a) corrects a typographical error; 
4-6 

 (b) identifies a change in the name, address, or phone number of any person 

 identified in the permit, or provides a similar minor administrative change 

 in the source; 

 (c) requires more frequent monitoring or reporting by the permittee; 

 (d) incorporates a change in the permit involving the retiring of equipment or 

 emission units, or the decrease of permitted emissions from equipment or 

 emission units; or 

 (e) incorporates a change to the facility’s facilities’ insignificant activities list. 

 (2) The Department shall revise the permit as expeditiously as practicable and may 

 incorporate such revisions without providing notice to the public. 

 (3) The applicant may implement the changes addressed in the request for an 

 administrative amendment immediately upon approval. 

(B) Change in Ownership 

 (1) Permits issued under this regulation shall remain freely transferable provided: 

 (a) the applicant for the transfer notifies the Director at least thirty (30) days 

 in advance of the proposed transfer date on such forms as the Director 

 may reasonably require, and 

(b) submits a disclosure statement in accordance with Commission Regulation

8, Administive Procedures, or other such documents as required by the 

Department. 

(ii) “Disclosure statement” means a written statement by the applicant 

which contains:

(aa) The full name, business address, and social security number 

of the applicant an all affiliated persons;

(bb) The full name and business address of any legal entity in 

which the applicant holds a debt or equity interest of at 
4-7 

least five percent (5%) or which is a parent company or 

subsidiary of the applicant, and a description of the ongoing 

organizational relationships as they may impact operations 

within the state;

(cc) A description of the experience and credentials of the 

applicant, including any past or present permits, licenses, 

certifications, or operational authorizations relating to 

environmental regulation;

(dd) A listing and explanation of any civil or criminal legal 

actions by government agencies involving environmental 

protection laws or regulations against the applicant and 

affiliated persons in the ten (10) years immediately 

preceding the filing of the application, including 

administrative enforcement actions resulting in the 

imposition of sanctions, permit or license revocations or 

denials issued by any state or federal authority, actions that 

have resulted in a finding or a settlement of a violation, and 

actions that are pending;

(ee) A listing of any federal environmental agency and any 

other environmental agency outside this state that has or 

has had regulatory responsibility over the applicant;

(ff) Any other information the director may require that relates 

to the competency, reliability, or responsibility of the 

applicant and affiliated persons.

(ii) Deliberate falsification or omission of relevant information from 

disclosure statements shall be grounds for civil or criminal 

enforcement action or administrative denial of a permit, license, 

certification, or operational authorization. The following persons 

or entities are not required to file a disclosure statement:
4-8 

(aa) Governmental entities, consisting only of subdivisions or 

agencies of the federal government, agencies of the state 

government, counties, municipalities, or duly authorized 

regional solid waste authorities. This exemption shall not 

extend to improvement districts or any other subdivision of 

government which is not specifically instituted by an act of 

the General Assembly; and

(bb) Applicants for a general permit to be issued by the 

Department pursuant to its authority to implement the 

National Pollutant Discharge Elimination System for storm 

water discharge.

(iii) Nothing in this sub-paragraph, including the exemptions in 

supporting paragraph (ii) of this sub-paragraph, shall be construed 

as a limitation upon the authority of the director to deny a permit 

based upon a history of noncompliance to any applicant or for 

other just cause.

(iv) If the applicant is a publicly held company required to file periodic 

reports under the Securities and Exchange Act of 1934, or a wholly 

owned subsidiary of a publicly held company, the applicant shall 

not be required to submit a disclosure statement, but shall submit 

the most recent annual and quarterly reports required by the 

Securities and Exchange which provide information regarding 

legal proceedings in which the applicant has been involved. The 

applicant shall submit such other information as the director may 

require that relates to the competency, reliability, or responsibility 

of the applicant and affiliated persons.

 (2) The Director director may deny the issuance or transfer of any permit, license, 

 certification, or operational authority if he or she finds, based upon the disclosure 

 statement and other investigation which he deems appropriate, that: 
4-9 

(a) The applicant has a history of noncompliance with the environmental laws 

or regulations of this state or any other jurisdiction; 

(b) An applicant which owns or operates other facilities in the state is not in 

substantial compliance with, or on a legally enforceable schedule that will 

result in compliance with, the environmental laws or regulations of this 

state; or 

(c) A person with a history of noncompliance with environmental laws or 

regulations of this state or any other jurisdiction is affiliated with the 

applicant to the extent of being capable of significantly influencing the 

practices or operations of the applicant which could have an impact upon 

the environment. 

(3) Public notice requirements shall not apply to changes in ownership or changes in 

name. 

(C) De Minimis Changes 

 (1) A proposed change to a facility will be considered De Minimis if: 

 (a) minimal judgment is required to establish the permit requirements for the 

 change; and 

 (b) the change will result in a trivial environmental impact. 

 (2) The environmental impact of a proposed change generally will be considered 

 trivial if the potential emissions from the change alone, without taking into 

 account any corresponding emission reductions, will: 

 (a) be less than the following amounts: 

(i) Seventy-five (75) five (5) tons per year of carbon monoxide, 

nitrogen dioxide, PM10, and sulfur dioxide; 

(ii) Forty (40) twenty (20) tons per year of nitrogen dioxides, sulfur 

dioxides, or volatile organic compounds; and 
4-10 

(iii) Twenty-five (25) one-half (0.5) tons per year of particulate matter 

emissions lead; 

(iv) Fifteen (15) tons per year of PM10 emissions; and

(v) One-half (0.5) a ton per year lead;

 (b) or, result in an air quality impact less than: 

Ppollutant De Minimis

Concentration 

Averaging Ttime 

carbon monoxide 500 μg/m3 8-hour 

nitrogen dioxide 10 μg/m3 annual 

PM10 8 μg/m3 24-hour 

sulfur dioxide 18 μg/m3 24-hour 

lead 0.1 μg/m3 3-month 

 (3) The following changes will not be considered De Minimis changes: 

 (a) any increase in the permitted emission rate at a stationary source without a 

 corresponding physical change or change in the method of operation at the 

 source; 

 (b) any change which would result in a violation of the Clean Air Act; 

(c) any change seeking to change a case-by-case determination of an emission 

limitation established pursuant to Best Available Control Technology

(BACT), §112(g), §112(i)(5), §112(j), or §111(d) of the Clean Air Act as 

amended as of February 15, 1999; 

 (d) a change that would result in a violation of any provision of this 

 regulation; 
4-11 

 (e) any change in a permit term, condition, or limit that a source has assumed 

 to avoid an applicable requirement to which the source would otherwise 

 be subject; 

 (f) any significant change or relaxation to existing testing, monitoring, 

 reporting, or recordkeeping requirements; or 

 (g) any proposed change which requires more than minimal judgment to 

 determine eligibility. 

 (4) A source may not submit multiple applications for De Minimis changes that are 

 designed to conceal a larger modification that would not be considered a 

 De Minimis change. The Department will require such multiple applications be 

 processed as a permit modification with public notice and reconstruction 

 requirements. Deliberate misrepresentation may be grounds for permit 

 revocation. 

 (5) The applicant may implement De Minimis changes immediately upon approval by 

 the Department. 

 (6) The Department shall revise the permit as expeditiously as practicable and may 

 incorporate De Minimis changes without providing notice to the public. The 

 applicant may implement De Minimis changes immediately upon approval by the 

 Department. 

Reg. 19.408 Exemption from Permitting 

(A) Insignificant Activities 

Stationary sources and activities listed in Appendix A of this regulation shall be considered to be 

insignificant and will not require a permit under this chapter or be included in a source’s permit. 

(B) Grandfathering 

Stationary sources operating prior to June 30, 1975, and which have not been modified since, 

will not be required to obtain a permit under this chapter. 
4-12 

Reg. 19.409 Transition 

Facilities which are now subject to this regulation which were not previously subject to this 

regulation shall be in full compliance within 180 days of the effective date of this regulation. 

Facilities which are now subject to permitting under this regulation which were not previously 

subject to permitting under this regulation shall submit a complete application within 180 days of 

the effective date of this regulation. The Director may extend this compliance period on a caseby-case basis provided that the total compliance period does not exceed one year. 

Reg. 19.410 Permit Revocation and Cancellation 

(A) Revocation 

Any permit issued under this regulation is subject to revocation, suspension, or modification in 

whole or in part, for cause, including without limitation: 

 (1) Violation of any condition of the permit; 

 (2) Obtaining a permit by misrepresentation or failure to disclose fully all relevant 

 facts; or 

 (3) Change in any applicable regulation or change in any pre-existing condition 

 affecting the nature of the emission that requires either a temporary or permanent 

 reduction or elimination of the permitted emission. 

(B) Cancellation 

The Director may cancel a permit if the construction or modification is not begun within 18 

months from the date of the permit issuance or if the work involved in the construction or 

modification is suspended for a total of 18 months or more. 

Reg. 19.411 General Permits 

(A) General Authority 

The Department may, after notice and opportunity for public participation provided under this 

chapter, issue a general permit covering numerous similar sources. The criteria for the review 

and approval of permits under this chapter shall be used for general permits as well. Any general 
4-13 

permit shall comply with all requirements applicable to other permits and shall identify criteria 

by which sources may qualify for the general permit. They shall also include enforceable 

emission limitations or other control measures, means, or techniques, as well as schedules and 

timetables for compliance, as may be necessary or appropriate to meet the applicable 

requirements of this regulation. To sources that qualify, the Department shall grant the 

conditions and terms of the general permit. The source shall be subject to enforcement action for 

operation without a permit if the source is later determined not to qualify for the conditions and 

terms of the general permit. 

(B) Application 

Sources that would qualify for a general permit must apply to the Department for coverage under 

the terms of the general permit or must apply for permit consistent with this chapter. The 

Department may grant a source's request for authorization to operate under a general permit, but 

such a grant shall not be a final permit action for purposes of judicial review. 

 (1) When any application for the issuance of a new permit or a modification of an 

 existing permit is filed with the Department, the Department shall cause notice of 

 the application to be published in a newspaper of general circulation in the county 

 in which the proposed facility is to be located. 

(2) The notice required by Reg. 19.411(B)(1) shall advise that any interested person 

may request a public hearing on the permit application by giving the Department 

a written request within ten (10) days of the publication of the notice. 

 (3) Should a hearing be deemed necessary by the Department, or in the event the 

 Department desires such a hearing, the Department shall schedule a public 

 hearing and shall, by first class mail, notify the applicant and all persons who 

 have submitted comments of the date, time, and place thereof. 

Reg. 19.412 Dispersion Modeling 

The following shall apply when dispersion or other air quality modeling is used to meet the 

requirements of this chapter. 

(A) General 
4-14 

All applications of air quality modeling involved in this chapter shall be based on the applicable 

models, data bases, and other requirements specified in Aappendix W of 40 CFR Part 51 

(Guideline on Air Quality Models) as of November 9, 2005 August 12, 1996. 

(B) Substitution 

Where an air quality model specified in the Guideline on Air Quality Models is inappropriate, 

the model may be modified or another model substituted. Such a modification or substitution of 

a model may be made on a case-by-case basis or, where appropriate, on a generic basis for a 

specific pollutant or type of stationary source. Written approval of the Administrator of the US

EPA must be obtained for any modification or substitution. 

Reg. 19.413 Confidentiality 

Information which constitutes a trade secret shall be held confidential and segregated from the 

public files of the Department if requested in writing by the permit applicant in accordance with 

this subsection. 

(A) For purposes of this subsection, “Trade Secret” means any information, including 

formula, pattern, compilation, program, device, method, technique, process, or rate of 

production that: 

 (1) Derives independent economic value (actual or potential) from not being 

 generally known to, and not being readily ascertainable through, proper means by 

 other persons who can obtain economic value from its disclosure or use, and 

 (2) Is the subject of efforts that are reasonable under the circumstances to maintain its 

 secrecy. 

(B) In order to establish entitlement to confidentiality, the applicant must submit a sworn 

affidavit to the Department that is subject to public scrutiny which describes in a 

manner that does not reveal trade secrets, the processes or market conditions that 

supports the applicant’s confidentiality claim in the terms of Reg. 19.413(A)(1) and 

(2). This affidavit must also recite the following: 

 “The applicant agrees to act as an indispensable party and to exercise 

 extraordinary diligence in any legal action arising from the Department’s denial 
4-15 

 of public access to the documents or information claimed herein to be a trade 

 secret.” 

If an applicant anticipates numerous permit modifications that may involve regulatory 

review of trade secrets, it may submit an omnibus affidavit establishing the prerequisites 

of Reg. 19.413(A)(1) and (2) and reference this document in future confidentiality 

claims. 

(C) Confidentiality claims shall be afforded interim protected status until the Department 

determines whether the requirements of Reg. 19.413(B) are satisfied. The Department 

shall make such determination prior to the issuance of any permit or publication of any 

draft permit. In the event the Department does not make such determination prior to 

permit issuance, the information shall be deemed confidential until a request is made. 

If a third party request to review information claimed as confidential is received before 

the Department provides its written determination concerning the claim, the 

Department shall not release such information before notifying the applicant of the 

request. The Department shall notify the applicant of the request and the Department’s 

determination on the confidentiality claim at least two business days before releasing 

the information, at which time the applicant may choose to supplement its affidavit 

supporting confidentiality or seek legal recourse. 

(D) For any permit application submitted subject to a claim of trade secret, the applicant 

shall provide two copies of the application; one prominently marked as confidential 

and another that is subject to public review with confidential information excised. The 

Department will not accept applications that are deemed totally confidential except 

under extraordinary circumstances guaranteeing future disclosure at a meaningful time 

for public review. 

Reg. 19.414 Operational Flexibility-Applicant's Duty to Apply for Alternative Scenarios

Any operating scenario allowed for in a permit may be implemented by the facility without the 

need for any permit revision or any notification to the Department. It is incumbent upon the 

permit applicant to apply for any reasonably anticipated alternative facility operating scenarios at 

the time of permit application. The Department shall include approved alternative operating 

scenarios in the permit.
4-16 

Reg. 19.415 Changes Resulting in No Emissions Increases

A permitted source may make changes within the facility that contravene permit terms without a 

permit revision if the changes:

(A) Are not modifications under any provision of Title I of the Act; 

(B) Do not exceed emissions allowable under the permit (whether expressed therein as a 

rate of emissions or in the terms of total emissions);

(C) Do not violate applicable requirements; and

(D) Do not contravene federally enforceable permit terms and conditions that are 

monitoring (including test methods), recordkeeping, reporting, or compliance 

certification requirements;

provided that the facility provides the Department with written notification as required below in 

advance of the proposed changes, which shall be a minimum of 7 days, or such shorter time 

frame that Department allows for emergencies. The source and Department shall attach each 

such notice to their copy of the relevant permit. For each such change, the written notification 

required above shall include a brief description of the change within the permitted facility, the 

date on which the change will occur, any change in emissions, and any permit term or condition 

that is no longer applicable as a result of the change.

Reg. 19.416 Permit Flexibility

(A) The Department may grant an extension to any testing, compliance or other dates in the 

permit. No extensions shall be authorized until the permittee of the facility receives 

written approval from the Department. The Department may grant such a request, at 

its discretion, in the following circumstances:

(1) The permittee of the facility makes such a request in writing at least 15 days in 

advance of the deadline specified in the facility’s permit;

(2) The extension does not violate a federal requirement;

(3) The permittee of the facility demonstrates the need for the extension; and
4-17 

(4) The permittee of the facility documents that all reasonable measures have been 

taken to meet the current deadline and documents reasons the current deadline 

cannot be met.

(B) The Department may grant a request to allow temporary emissions and/or testing that 

would otherwise exceed a permitted emission rate, throughput requirement or other 

limit in a facility’s permit. No such activities shall be authorized until the permitee of 

the facility receives written approval from the Department. The Department may grant 

such a request, at its discretion, in the following circumstances:

(1) The permittee of the facility makes such a request in writing at least 30 days in 

advance of the date that temporary emissions and/or testing that would otherwise 

exceed a permitted emission rate, throughput requirement or other limit in a 

facility’s permit;

(2) Such a request does not violate a federal requirement;

(3) Such a request is temporary in nature;

(4) Such a request will not result in a condition of air pollution;

(5) The request contains such information necessary for the Department to evaluate 

the request, including but not limited to, quantification of such emissions and the 

date and time such emission will occur;

(6) Such a request will result in increased emissions less than five tons of any 

individual criteria pollutant, one ton of any single HAP and 2.5 tons of total 

HAPs; and 

(7) The permittee and/or operator of the facility maintains records of the dates and 

results of such temporary emissions and/or testing.

(C) The Department may grant a request to allow an alternative to the monitoring specified 

in a facility’s operating permit. No such activities shall be authorized until the 

permittee of the facility receives written approval from the Department. The 

Department may grant such a request, at its discretion, in the following circumstances:
4-18 

(1) The permittee of the facility makes such a request in writing at least 30 days in 

advance of the first date that the monitoring alternative will be used at the facility;

(2) Such a request does not violate a federal requirement;

(3) The monitoring alternative provides an equivalent or greater degree of actual 

monitoring to the requirements in the facility’s operating permit; and

(4) Any such request, if approved by the Department, is incorporated into the next 

permit modification application by the permittee of the facility.

Reg. 19.417 Registration

(A) Sources currently holding permits issued pursuant to Regulation 19 but whose 

emissions are below the permitting thresholds of 19.401, and above the registration 

thresholds of Reg. 18.315 may elect to continue to operate under their existing 

Regulation 19 permit or they may submit a registration under Reg. 18.315 and request 

their Regulation 19 permit to be terminated. The Regulation 19 permit shall remain in 

effect until terminated. If a source takes no action, the Regulation 19 permit shall 

remain in effect.

(B) A source otherwise subject to registration under Reg. 18.315 may elect to instead 

operate under a permit issued in accordance with Reg. 19.402. 
5-1 

CHAPTER 5: GENERAL EMISSIONS LIMITATIONS APPLICABLE TO 

EQUIPMENT 

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 effect as of the effective date of this regulation. 

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). 

(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. 

Reg. 19.503 Visible Eemission Rregulations 

(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 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. 
5-2 

(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 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 consecutive 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 determined using EPA Method 9 (40 CFR Part 

60, Appendix A). 

Reg. 19.504 Stack Hheight/Ddispersion Rregulations 

The stack height provisions of 40 CFR 51.118 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 51.100 (ff) through (kk) are incorporated 

into this chapter by reference as of September 12, 1986. 

Reg. 19.505 Revised Eemissions Llimitation 

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 amended 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 Clean Air Act, as amended, the emission limitations and reporting 

procedures of this chapter or any applicable permits may be further amended and made 
5-3 

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 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 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, alternative 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 provision contained in any 

applicable requirement. 
6-1 

CHAPTER 6: UPSET AND EMERGENCY CONDITIONS 

Reg. 19.601 Upset Cconditions 

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) Demonstrates 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 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 statement 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. 
6-2 

Reg. 19.602 Emergency Cconditions 

An “emergency” means any situation arising from the sudden and reasonably unforseeable 

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 

emissions 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 complete affirmative defense to an action brought for 

noncompliance with such technology-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 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 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] 
7-1 

CHAPTER 7: SAMPLING, MONITORING, AND REPORTING 

REQUIREMENTS 

Reg. 19.701 Purpose 

The purpose of this chapter is to generally define the powers of the Department in requiring 

sampling, monitoring, 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 determine 

violations of applicable emission limitations. 

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 Department. Sampling shall not be required 

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 applicable permit, 

which in no case shall be greater than the minimum averaging times of the applicable NAAQS. 

(D) Process Rates 
7-2 

Unless otherwise approved by the Department, all federally regulated air pollutant emissions 

sampling shall be performed with the equipment 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 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 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. 

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 equipment to continuously monitor or 

determine federally regulated air pollutant emissions in accordance with applicable 

performance specifications in 40 CFR Part 60 Appendix B as of August 30, 1992, and 

quality assurance procedures in 40 CFR Part 60 Appendix F as of August 30, 1992, 

and other methods and conditions that the Department, with the concurrence of the 
7-3 

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, 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 Department 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) as of August 30, 

1992, and any other applicable reporting requirements promulgated by the EPA. 

Reg. 19.704 Notice of Completion 

For equipment for which a new permit or major permit modification is required, the 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.

Reg. 19.705 Record Keeping and Reporting 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, correlated 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. 
7-4 

(C) Information 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 inventory 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 the full name, title, signature, date of signature, and telephone number of 

the certifying official. 

Reg. 19.706 Public Availability of Emissions Data 

Emissions data obtained by the Department shall be correlated in units of applicable emissions 

limitations and be made available to the public at the Department’s central offices during normal 

business hours. 
8-1 

CHAPTER 8: 111(D) DESIGNATED FACILITIES 

Reg. 19.801 Purpose 

The purpose of this chapter is to establish regulations for designated pollutants emitted from 

designated facilities in accordance with Section 111(d) of the Clean Air Act. 

Reg. 19.802 Permit Emissions Limitations

No person shall cause or permit emissions from equipment located at facilities described in this 

chapter to be exceeded. Future permit conditions may place more stringent emissions limitations 

on the equipment which shall supersede the limitations of this section. 

Reg. 19.803 Sulfuric Acid Plants (H2SO4 Mist) 

(A) El Dorado Chemical Company (Arkansas Facility Identification Number [AFIN]

7000040) of El Dorado shall not exceed the following emission limitation after 

November 1, 1980: 

 (1) Sulfuric Acid Plant - 0.5 lb sulfuric acid (H2SO4) mist/ton 100% acid. 

 (2) [RESERVED] 

(B) Compliance testing shall be performed using EPA Method #8 (40 CFR Part 60 

Appendix A, as of May 25, 1979) at intervals specified in the applicable permit. 

Reg. 19.804 Kraft Pulp Mills (TRS) 

(A) Affected Facilities 

Equipment located at the following kraft pulp mills are affected by the provisions of this 

subsection. The total reduced sulfur (TRS) emissions limitations are contained in Table 19.8.1. 

 (1) International Paper Company (AFIN 3500016) of Pine Bluff. 

 (2) Green Bay Packaging, Arkansas Kraft Division (AFIN 1500001) of 

 Morrilton. 
8-2 

 (3) Delta National Kraft (AFIN 3500017) of Pine Bluff. 

 (4) Georgia-Pacific Corporation (AFIN 0200013) of Crossett. 

 (5) Georgia-Pacific Corporation (AFIN 4100002) of Ashdown. 

 (6) Potlatch Corporation (AFIN 2100036) of McGehee. 

(B) Compliance Testing Requirements 

All designated equipment in Table 19.8.1 shall have annual compliance testing of TRS emissions 

performed using EPA Method 16. Data reduction shall be performed as set forth in 40 CFR 60.8 

as of January 28, 1983. Annual compliance testing will not be required for equipment with a 

continuous TRS emissions monitor. 

(C) Continuous Monitoring Requirements 

Any equipment located at the above designated facilities shall conduct TRS continuous 

monitoring in accordance with the requirements of 40 CFR 60.284 (date of installation not 

withstanding). The continuous monitoring systems shall be operated according to the provisions 

of 40 CFR 60.284 by April 1, 1993, except that continuous emissions monitors for affected lime 

kilns shall be installed and certified by January 1, 1994. 

Table 19.8.1 Kraft Pulp Mill TRS Emission Limits 

AFIN Facility Equipment TRS Concentration (parts 

per million [ppm])

5200013 IP Camden recovery furnace 40 ppm 

lime kiln 40 ppm 

smelt dissolving tank 0.0168 gram (g)/kilogram 

(kg)
8-3 

3500016 IP Pine Bluff recovery furnace 40 ppm 

lime kiln 40 ppm 

smelt dissolving tank 0.0168 g/kg 

1500001 Green Bay Packaging, 

Arkansas Kraft Division 

recovery furnace 40 ppm 

lime kiln 40 ppm 

smelt dissolving tank 0.0168 g/kg 

3500017 Gaylord Container, Corp. recovery furnace 100 ppm 

lime kiln 40 ppm 

smelt dissolving tank 0.0168 g/kg 

0200013 GP Crossett recovery furnace 5 ppm 

lime kiln 8 ppm 

smelt dissolving tank 0.0168 g/kg 

4100002 GP Ashdown recovery furnace 5 ppm 

lime kiln 8 ppm 

smelt dissolving tank 0.0168 g/kg 

2100036 Potlatch McGehee recovery furnace 5 ppm 

lime kiln 20 ppm 

smelt dissolving tank 0.0168 g/kg 
8-4 

Recovery Furnaces – measured as hydrogen sulfide (H2S) on a dry basis and on a 12 hour 

average, corrected to 8% by volume oxygen. 

Lime Kilns – measured as H2S on a dry basis and on a 12 hour average, corrected to 10% volume 

oxygen. 

Smelt Dissolving Tanks – measured as grams H2S/kg black liquor solids on a 12 hour average. 

Digesters and Evaporators – efficient incineration of non-condensible gases (at least 1200°F for 

at least 0.5 second). 
9-1 

CHAPTER 9: PREVENTION OF SIGNIFICANT DETERIORATION 

Reg. 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 Prevention of Significant 

Deterioration Regulations of the Arkansas Plan of Implementation for Air Pollution Control, 

hereinafter referred to, respectively, as the “PSD Regulations.” 

Reg. 19.902 Purposes 

Promulgation and 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 U.S. Environmental Protection Agency 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. 

Reg. 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 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) All other terms used herein shall have the same meaning as set forth in Cchapter 2 of 

Regulation 19 or in 40 CFR 52.21(b) [PSD] and 40 CFR 51.301 [Protection of 

Visibility] as of November 29, 2005, 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 Cchapter 2 of 

Regulation 19 and those listed in 40 CFR 52.21(b) and 40 CFR 51.301, the federal 
9-2 

definitions as listed in 40 CFR 52.21(b) and 40 CFR 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. 

Reg. 19.904 Adoption 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) of Reg.19.904 this section, 

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 U.S. Environmental Protection Agency under 40 CFR 52.21 (a)(2) through 

(bb), as in effect on November 29, 2005 July 23, 2004, which are hereby incorporated 

herein by reference, 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 responsibility and authority necessary to attain the purposes of the Plan, these 

PSD Regulations, and the applicable federal regulations, as incorporated herein by 

reference. 

(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 Plan under the Governor's signature constitutes a request by the Governor for 

this exclusion. 

(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) subparagraphs 

(4), (5), (6), and (7)] 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 
9-3 

increment, the person applying for such a permit shall submit to the Department 

an assessment of the following factors: 

(a) Effects that the proposed consumption 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. 

(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 warrant 

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. 

(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 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. 
9-4 

(E) In all instances wherein the aforesaid 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: 

 (1) Exclusion from increment consumption: 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 (2). 

(F) Redesignation of air quality areas in Arkansas shall comply with Arkansas Code 

 Annotated 1987 Section 8-3-101 et seq. 
10-1 

CHAPTER 10: REGULATIONS FOR THE CONTROL OF VOLATILE 

ORGANIC COMPOUNDS IN PULASKI COUNTY 

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 federal Clean Air Act, shall be known as the Regulations for the Control of 

Volatile Organic Compounds. 

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 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. 

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 Cchapter 2 of Regulation 19 or, if not 

defined in Cchapter 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 Air 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. 
10-2 

"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 EPA United States Environmental Protection Agency. 

"Cutback asphalt" means asphalt 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 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 the producing operations, from storage tanks or automatic transfer 

facilities to pipelines or any other forms of transportation. 

"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 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 consisting 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 coatings 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. 
10-3 

"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 mounted so the bottom of the seal covers the liquid 

surface between the tank shell and the floating roof. 

"Low solvent coating" 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 

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 source, 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 any 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 volatile 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 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 111 of the federal Clean Air Act [NSPS, 40 CFR 

Part 60]. 
10-4 

"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. 

“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 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 liquid as 

determined in accordance with methods described in American Petroleum Institute (API) 

Bulletin 2517, 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 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. 
10-5 

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; 

 (b) Any source which is subject to the terms of a Commission order issued 

 pursuant to Reg. paragraph 19.1004(D)(1) hereof, and 

 (c) Any new major source. 

(2) The provisions of Cchapter 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)(1) and shall go into full force and 

effect on the effective date provided, however, that the provisions of Reg.

paragraph 19.1004(D)(1) shall 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 Commission 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, 
10-6 

shall the Commission issue variances from the requirements of Reg. §19.1005 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 existing sources, other than the sources for which the provisions 

of Reg. §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, 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 is 

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 issued pursuant to Reg. paragraph 19.1004(D)(1) 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 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 further progress toward the 

attainment of the previously cited standards. 

(E) Permits and Compliance Schedules 
10-7 

 (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 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 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, 

1981. 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 Department Commission unless the 

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 

compliance 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 reasonable further 

progress toward the attainment of the National Ambient Air Quality 

Standards for ozone. The approval date for Reg. subsections

19.1005(A)(B) and & (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. 
10-8 

(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 order issued pursuant to the 

provisions of Reg. paragraph 19.1004(D)(1). 

 (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 Department Commission. Application for 

permit shall be of such form and contain such 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 proposed 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 compliance with all applicable 

emission limitations and standards under the federal Clean Air Act, 
10-9 

including the Arkansas Plan of Implementation for Air Pollution 

Control. 

(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 Department 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 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 provided by 

such section 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)(1), unless the 

Department Commission finds that such source incorporates 

Reasonably Available Control Technology developed for the kind 
10-10

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 emissions 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 Cchapter 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 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 permit 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, 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 Reg. subsection 

 19.1005(D), the following method and procedures should be followed: 
10-11

(a) The owner or operator shall, at his 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 Director 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 the test procedures 

 described in Appendix A or C of the OAQPS Guideline 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 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 450/2-77-008 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) (1/8 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) paragraph19.1005(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. 
10-12

(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 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 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) 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 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 nature 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 
10-13

 accomplished. 

 (2) [RESERVED.] 

Reg. 19.1005 Provisions fFor 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 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 system 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 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 square 

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 60.110, as amended by proposed 

 rule change, Federal Register, May 18, 1978, pages 21617 through 21625; 

 or 
10-14

(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 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 Reg. 19.1005(B)(1)(b) and (c)

(1)(b)&(c) of 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 degrees Fahrenheit [ ̊F]). 

(D) Gasoline Tank Trucks and Vapor Collection Systems 

 (1) No person shall 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 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 H2O) or evacuated to a gauge pressure of 1,500 

pascals (6 in. of H2O) during the testing required in Reg. 19.1005(D)(1)(a)

subparagraph (1)(a) of this chapter; and 
10-15

(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 

(1)(b) of this chapter. 

 (2) The owner or operator of a vapor 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 H2O) and 

vacuum from exceeding 1,500 pascals (6 in. of H2O) 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 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 time, monitor a gasoline tank truck, vapor collection 

system, or vapor control system by the method referenced in Reg. 19.1004(F)(3)

paragraph 19.10004(F)(3) to confirm continuing compliance with Reg. 

19.1005(D)(1) or (2) paragraphs (1) or (2) of this section. 

(E) Surface Coating of Metal Parts and Products 
10-16

 (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/liter (l) (4.3 pounds per gallon [lb/gal]) of coating, excluding 

water, delivered to a coating applicator that applies clear coatings; 

 (b) 0.42 kg/l (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/l (3.5 lb/gal) of coating, excluding water, delivered to a coating 

 applicator that applies extreme performance coatings; 

 (d) 0.36 kg/l (3.0 lb/gal) of coating, excluding water, delivered to a coating 

 applicator for all other coatings and coating application systems; and 

 (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 application of low solvent coating technology; 

 (b) An incineration system which oxidizes at least 90.0 percent of the non- 

 methane volatile organic compounds (VOC) measured as 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. 
10-17

(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 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 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 requirements: 

(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 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 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; 
10-18

 (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 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 pour crudes. 

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 Control 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. 
11-1 

CHAPTER 11: 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. 
12-1 

CHAPTER 12: [RESERVED] 
13-1 

CHAPTER 13: STAGE I VAPOR RECOVERY 

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. 

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 nonattainment area.

Reg. 19.1303 Definitions 

(A) ACoaxial 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) ADelivery 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) ADual 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) AGasoline@ 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 fuel or liquefied 

 petroleum gas (LPG). 
13-2 

(E) AGasoline dispensing facility@ means any site where gasoline is dispensed to motor 

 vehicle gasoline tanks from stationary storage tanks. 

(F) AGasoline service station@ means any gasoline dispensing facility where gasoline is sold to 

 the motoring public from 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 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 refiner or any such 

 person; or 

(2) receives less than 50 percent of his or her 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) ALeak 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) ALine@ means any pipe suitable for transferring gasoline. 

(J) ANonattainment area@ means a county or counties designated by EPA as not meeting the 

NAAQS national ambient air quality standards for ozone. 
13-3 

(K) AOperator@ means any person who leases, operates, controls, or supervises a facility at 

 which gasoline is dispensed. 

(L) AOwner@ means any person who has legal or equitable title to the gasoline storage tank at 

 a facility. 

(M) APoppeted vapor recovery adaptor@ means a vapor recovery adaptor that automatically and 

 immediately closes itself when the vapor return line is disconnected and maintains a tight 

 seal when the vapor return line is not connected. 

(N) AStationary storage tank@ means a gasoline storage container that is a permanent fixture. 

(O) ASubmerged 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 

 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 slanted cut to the bottom of the tank. 

(P) AThroughput@ means the amount of gasoline dispensed at a facility. 

(Q) AVapor 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. 

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. 
13-4 

(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 tanks used exclusively for the fueling of implements of normal farm 

 operations. 

(D) Facilities selling less than 10,000 gallons of gasoline per month. 

(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. 

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 working 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 kept 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. 
13-5 

Reg. 19.1306 Record Keeping 

The following 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. 

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. 

(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. 

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 vapor-tight line from the stationary storage tank to the delivery vessel and: 

(a) For a coaxial vapor recovery system, either a poppeted or unpoppeted 

vapor recovery adaptor; 

(b) For a dual point vapor recovery system, a poppeted vapor recovery 

adaptor; 
13-6 

 (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 covered 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 recovery 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 size 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. 

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 H2O) in five minutes when pressurized to a gauge pressure of 4,500 pascals (18 in. 

 of H2O) or evacuated to a gauge pressure of 1,500 pascals (6 in. of H2O) during testing. 

Reg. 19.1310 Owner/Operator Responsibility 

(A) It shall be the responsibility of owners and operators of gasoline dispensing 

 facilities and gasoline 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. 
13-7 

(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 operators 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. 

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 determined 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 Method 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. 
13-8 

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, this 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. 
14-1 

CHAPTER 14: CAIR NOX OZONE SEASON TRADING PROGRAM 

GENERAL PROVISIONS 

Reg. 19.1401 Adoption of Regulations 

40 CFR Part 96, Subparts AAAA-HHHH for the CAIR NOx Ozone Season Trading Program, as 

finalized by the U.S. Environmental Protection Agency (EPA) on May 12, 2005, and further 

revised by EPA on April 28, 2006, with correcting amendments on December 13, 2006, are 

herein incorporated by reference with the exception of Subpart EEEE (CAIR NOx Ozone Season 

Allowance Allocations) and all references to CAIR NOx Ozone Season Opt-in Units, which, 

along with Subpart IIII (CAIR NOx Ozone Season Opt-in Units), are not incorporated. The 

following regulations replace 40 CFR 96 Subpart EEEE. 

Reg. 19.1402 State Trading Budget 

The Arkansas State trading budgets for annual allocations for CAIR NOx Ozone Season 

allowances have been set by EPA as follows: for the control periods of 2009 through 2014, 

11,515 tons per control period; and for the control periods for 2015 and beyond, 9,596 tons per 

control period. The total number of allowances allocated by the State of Arkansas shall not 

exceed these budgets for their respective control periods. 

Reg. 19.1403 Timing Requirements for CAIR NOx Ozone Season Allowance Allocations 

(A) For EGUs allocated allowances under Reg. 19.1404(B) and (C), the Department will 

determine and notify the Administrator of each unit’s allocation of CAIR NOx Ozone 

Season allowances by April 30, 2007, for 2009, 2010, and 2011 and by October 31, 

2008, and October 31 of each year thereafter for the 4th year after the notification 

deadline. 

(B) For EGUs allocated allowances under Reg. 19.1404(D), the Department will determine 

and notify the Administrator of each unit’s allocation of CAIR NOx Ozone Season 

allowances by July 31 of the year for which the CAIR NOx Ozone Season allowances 

are allocated. 
Reg. 19.1404 CAIR NOx Ozone Season Allowance Allocations 

(A) The baseline gross electric generation (in MW) used with respect to CAIR NOx Ozone 

Season allowance allocations under Reg. 19.1404(B) paragraph (B) of this section for 

each CAIR NOx Ozone Season unit that has operated each calendar year during a 

period of 5 or more consecutive calendar years, the average of the 3 highest amounts of 

the unit’s control period gross electrical output over the 5 years immediately preceding 

the year in which allocations are due to EPA, provided that gross electrical output of a 

generator served by two or more units will be attributed to each unit in proportion to 

each unit’s share of the total control period heat input of such units for the year. For 

the allocations allocated for 2009, 2010, 2011, baseline data will be determined using 

gross electrical output for years 2000 through 2004. 

(B) With regard to the timing requirements contained in Reg. 19.1403, for each control 

period in 2009 and thereafter, the Department will allocate to all CAIR NOx Ozone 

Season units in the State that have baseline gross electric generation (as determined 

under Reg. 19.1404(A) paragraph (A) of this section) a total amount of CAIR NOx

Ozone Season allowances equal to 95 percent for a control period, of the tons of NOx

emissions in the State trading budget under Reg. 19.1402 (except as provided in Reg. 

19.1404 (E) paragraph (E) of this section). 

(C) The Department will allocate CAIR NOx Ozone Season allowances to each CAIR NOx

Ozone Season unit under Reg. 19.1404(B) paragraph (B) of this section in an amount 

determined by multiplying the total amount of CAIR NOx Ozone Season allowances 

allocated under paragraph (B) of this section by the ratio of the baseline gross electric 

generation of such CAIR NOx Ozone Season unit to the total amount of baseline gross 

electric generation of all such CAIR NOx Ozone Season units in the State and rounding 

to the nearest whole allowances as appropriate. 

(D) For each control period in 2009 and thereafter, the Department will allocate CAIR NOx

Ozone Season allowances to CAIR NOx Ozone Season units in the State that do not yet 

have a baseline gross electric generation (as determined under Reg. 19.1404(A)

paragraph (A) of this section), in accordance with the following procedures: 

(1) The Department will establish a separate new unit set-aside for each control 

period. Each new unit set-aside will be allocated CAIR NOx Ozone Season 

14-2 
allowances equal to 5 percent of the amount of tons of NOx emissions in the State 

trading budget under Reg. 19.1402. 

(2) The CAIR designated representative of such a CAIR NOx Ozone Season unit may 

submit to the Department a request, in a format specified by the Department, to be 

allocated CAIR NOx Ozone Season allowances, starting with the later of the 

control period in 2009 or the first control period after the control period in which 

the CAIR NOx Ozone Season unit commences commercial operation and until the 

first control period for the which the unit is allocated CAIR NOx Ozone Season 

allowances under Reg. 19.1404(B) paragraph (B) of this section. The CAIR NOx

Ozone Season allowance allocation request must be submitted on or before 

January 1 of the first control period for which the CAIR NOx Ozone Season 

allowances are requested and after the date on which the CAIR NOx Ozone 

Season unit commences commercial operation. 

(3) In a CAIR NOx Ozone Season allowance allocation request under Reg. 

19.1404(D)(2) paragraph (D)(2) of this section, the CAIR designated 

representative may request for a control period CAIR NOx Ozone Season 

allowances in an amount not exceeding the CAIR NOx Ozone Season unit’s total 

tons of NOx emissions during the control period immediately before such control 

period. 

(4) The Department will review each CAIR NOx Ozone Season allowance allocation 

request under Reg. 19.1404(D)(2) paragraph (D)(2) of this section and will 

allocate CAIR NOx Ozone Season allowances for each control period pursuant to 

such request as follows: 

(a) The Department will accept an allowance allocation request only if the 

request meets, or is adjusted by the Department as necessary to meet, the 

requirements of Reg. 19.1404(D)(2) and (3) paragraphs (D)(2) and (3) of 

this section. 

(b) On or after February 1 of the control period, the Department will 

determine the sum of the CAIR NOx Ozone Season allowances requested 

(as adjusted under Reg. 19.1404(D)(4)(a) paragraph (D)(4)(a) of this 

section) for the control period. 

14-3 
(c) If the amount of CAIR NOx Ozone Season allowances in the new unit setaside for the control period is greater than or equal to the sum under Reg.

19.1404 paragraph (D)(4)(b) of this section, then the Department will 

allocate the amount of CAIR NOx Ozone Season allowances requested (as 

adjusted under Reg. 19.1404 paragraph (D)(4)(a) of this section) to each 

CAIR NOx Ozone Season unit covered by Reg. 19.1404 paragraph

(D)(4)(a) of this section. 

(d) If the amount of CAIR NOx Ozone Season allowances in the new unit setaside for the control period is less than the sum under Reg. 19.1404

paragraph (D)(4)(b) of this section, then the Department will allocate to 

each CAIR NOx Ozone Season unit covered by an allowance allocation 

request accepted under Reg. 19.1404 paragraph (D)(4)(a) of this section

the amount of the CAIR NOx Ozone Season allowances requested (as 

adjusted under Reg. 19.1404 paragraph (D)(4)(a) of this section), 

multiplied by the amount of CAIR NOx Ozone Season allowances in the 

new unit set-aside for the control period, divided by the sum determined 

under Reg. 19.1404 paragraph (D)(4)(b) of this section, and rounded to the 

nearest whole allowance as appropriate. 

(e) The Department will notify each CAIR designated representative that 

submitted an allowance allocation request of the amount of CAIR NOx

Ozone Season allowances (if any) allocated for the control period to the 

CAIR NOx Ozone Season unit covered by the request. 

(E) If, after completion of the procedures under Reg. 19.1404 paragraphs (D)(4) of this 

section for a control period, any unallocated CAIR NOx Ozone Season allowances 

remain in the new unit set-aside for the control period, the Department will allocate to 

each CAIR NOx Ozone Season unit that was allocated CAIR NOx Ozone Season 

allowances under Reg. 19.1404 paragraph (B) of this section an amount of CAIR NOx

Ozone Season allowances equal to the total amount of such remaining unallocated 

CAIR NOx Ozone Season allowances, multiplied by the unit’s allocation under Reg. 

19.1404(B) paragraph (B) of this section, divided by 95 percent of the amount of tons 

of NOx emissions in the State trading budget under Reg. 19.1402, and rounded to the 

nearest whole allowance as appropriate. 

14-4 
15-1 

CHAPTER 15: REGIONAL HAZE 

Reg. 19.1501 Purpose 

The purpose of this cChapter is to establish regional haze program requirements. 

Reg. 19.1502 Definitions 

For purposes of this cChapter only the definitions contained in 40 CFR 51.301 as in effect on 

June 22, 2007, are hereby incorporated by reference. 

Reg. 19.1503 BART Eligible Sources 

The following are BART-eligible sources: 

BART Source 

Category Number 

and Name 

Facility Name AFIN Unit ID Unit Description 

Arkansas Electric Coop – Carl E. 

Bailey 

74-00024 SN-01 Boiler 

Arkansas Electric Coop – John L. 

McClelland Generating Station 

52-00055 SN-01 Boiler 

Entergy Arkansas, Inc. – Lake 

Catherine Plant 

30-00011 SN-03 Unit 4 Boiler 

Entergy Arkansas – Ritchie 54-00017 SN-02 Unit 2 

SN-01 Unit 1 Boiler 

SN-02 Unit 2 Boiler 

Entergy Arkansas, Inc. – White 

Bluff 

35-00110 

SN-05 Auxiliary Boiler 

1. Fossil fuel-fired 

Electric Plants > 

250 million British 

thermal units 

(MMbtu)/hour – 

Electric Generating 

Units (EGUs) 

SWEPCO Flint Creek Power 

Plant 

04-00107 SN-01 Boiler 
3. Kraft Pulp Mills Domtar Industries, Inc. – SN-03 #1 Power Boiler 

Ashdown Mill 

41-00002 

SN-05 #2 Power Boiler 

Delta Natural Kraft and Mid 

America Packaging LLC.

35-00017 SN-02 Recovery Boiler 

Evergreen Packaging, Inc., Pine 

Bluff Mill 

35-00016 SN-04 #4 Recovery 

Boiler 

Georgia-Pacific Corporation – SN-19 6A Boiler 

Crossett Paper Operations 

02-00013 

SN-22 9A Boiler 

Green Bay Packaging, Inc. – 

Arkansas Kraft Division 

15-00001 SN-05A Recovery Boiler 

Potlatch Forest Products 

Corporation – Cypress Bend Mill 

21-00036 SN-04 Power Boiler 

11. Petroleum 

Refineries 

Lion Oil Company 70-00016 SN-809 #7 Catalyst 

Regenerator 

15. Sulfur Recovery 

Plant 

Albermarle Corporation – South 

Plant 

14-00028 SR-01 Tail Gas 

Incinerator 

19. Sintering Plants Big River Industries 18-00082 SN-01 Kiln A 

Albermarle Corporation – South BH-01 Boiler #1 

Plant 

14-00028 

BH-02 Boiler #2 

FutureFuels Chemical Co. 32-00036 6M01-01 3 Coal Boilers 

21. Chemical 

Processing Plants 

70-00040 SN-08 West Nitric Acid 

Plant 

SN-09 East Nitric Acid 

Plant 

El Dorado Chemical Company 

SN-10 Nitric Acid 

Concentrator 

15-2 
Reg. 19.1504 Facilities Subject-to-BART 

(A) The following sources are subject-to-BART: 

AFIN Facility Name Source # Source Name 

74-00024 Arkansas Electric Cooperative 

Corporation Carl E. Bailey Generating 

Station 

SN-01 Boiler 

52-00055 Arkansas Electric Cooperative 

Corporation John L. McClellan 

Generating Station 

SN-01 Boiler 

41-00002 Domtar Industries, Inc. ,Ashdown Mill SN-03 #1 Power Boiler 

SN-05 #2 Power Boiler 

30-00011 Entergy Arkansas, Inc. – Lake 

Catherine Plant 

SN-03 Unit 4 Boiler 

SN-01 Unit 1 Boiler 

SN-02 Unit 2 Boiler 

35-00110 Entergy Arkansas, Inc. – White Bluff 

SN-05 Auxiliary Boiler 

04-00107 SWEPCO Flint Creek Power Plant SN-01 Boiler 

(B) (A) Each source subject-to-BART shall install and operate BART as expeditiously as 

practicable, but in no event later than 6 years after the effective date of this regulation or 

5 years after EPA approval of the Arkansas Regional Haze State Implementation Plan, 

whichever comes first. 

(C) (B) Each source subject-to-BART shall maintain the control equipment required by this 

chapter and establish procedures to ensure such equipment is properly operated and 

maintained. 

Reg. 19.1505 BART Requirements 

(A) On or before the compliance date required under Reg. section 19.1504(B)

19.15004(B), SWEPCO Flint Creek Power Plant, SN-01 shall comply with BART by 

meeting the following emission limits: 

15-3 
(1) 0.15 pounds of sulfur dioxide (SO2) per million Btu of heat input (0.15 

lb/MMBtu) on a 30-day rolling average; 

(2) 0.23 pounds of nitrogen oxides (NOx) per million Btu of heat input (0.23 

lb/MMBtu) on a 30-day rolling average; and 

(3) The existing particulate matter emission limit satisfies the BART particulate 

matter requirement. 

(B) On or before the compliance date required under Reg. section 19.1504(B)

19.15004(B), Arkansas Electric Cooperative Corporation Carl E. Bailey Generating 

Station, SN-01 shall comply with BART by burning fuel oil that has a 1% or less sulfur 

content by weight. 

(C) On or before the compliance date required under Reg. section 19.1504(B)

19.15004(B), Arkansas Electric Cooperative Corporation John L. McClellan 

Generating Station, SN-01 shall comply with BART by burning fuel oil that has a 1% 

or less sulfur content by weight. 

(D) On or before the compliance date required under Reg. section 19.1504(B)

19.15004(B), Domtar Industries Inc. – Ashdown Mill, #1 Power Boiler, SN-03 shall 

comply with BART by meeting the following emission limits: 

(1) 1.12 pounds of sulfur dioxide (SO2) per million Btu of heat input (1.12 

lb/MMBtu) on a 30-day rolling average; 

(2) 0.46 pounds of nitrogen oxides (NOx) per million Btu of heat input (0.46 

lb/MMBtu) on a 30-day rolling average; and 

(3) 0.07 pounds of PM10 per million Btu of heat input (0.07 lb/MMBtu) on a 30-day 

rolling average. 

(E) On or before the compliance date required under Reg. section 19.1504(B)

19.15004(B), Domtar Industries Inc. – Ashdown Mill, #2 Power Boiler, SN-05 shall 

comply with BART by meeting the following emission limits: 

(1) 1.20 pounds of sulfur dioxide (SO2) per million Btu of heat input (1.20

lb/MMBtu) on a 30-day rolling average; 

(2) 0.450 pounds of nitrogen oxides (NOx) per million Btu of heat input 

(0.450lb/MMBtu) on a 30-day rolling average; and 

(3) 0.10 pounds of PM10 per million Btu of heat input (0.10 lb/MMBtu) on a 30-day 

rolling average. 

15-4 
(F) On or before the compliance date required under Reg. section 19.1504(B)

19.15004(B), Entergy Arkansas, Inc. – White Bluff, Unit 1 Boiler, SN-01 shall comply 

with BART by meeting the following emission limits when burning bituminous coal: 

(1) 0.15 pounds of sulfur dioxide (SO2) per million Btu of heat input (0.15 

lb/MMBtu) on a 30-day rolling average; 

(2) 0.28 pounds of nitrogen oxides (NOx) per million Btu of heat input (0.28 

lb/MMBtu) on a 30-day rolling average; and 

(3) The existing particulate matter emission limit as of October 15, 2007, satisfies the 

BART particulate matter requirement. 

(G) On or before the compliance date required under Reg. section 19.1504(B)

19.15004(B), Entergy Arkansas, Inc. – White Bluff, Unit 1 Boiler, SN-01 shall comply 

with BART by meeting the following emission limits when burning sub-bituminous 

coal: 

(1) 0.15 pounds of sulfur dioxide (SO2) per million Btu of heat input (0.15 

lb/MMBtu) on a 30-day rolling average; 

(2) 0.15 pounds of nitrogen oxides (NOx) per million Btu of heat input (0.15 

lb/MMBtu) on a 30-day rolling average; and 

(3) The existing particulate matter emission limit as of October 15, 2007, satisfies the 

BART particulate matter requirements. 

(H) When burning a mix of bituminous coal and sub-bituminous coal in the Unit 1 Boiler 

at Entergy Arkansas, Inc. – White Bluff the NOx BART limits shall be prorated using 

the percentage of each of coal being burned. 

(I) On or before the compliance date required under Reg. section 19.1504(B)

19.15004(B), Entergy Arkansas, Inc. – White Bluff, Unit 2 Boiler, SN-02 shall comply 

with BART by meeting the following emission limits when burning bituminous coal: 

(1) 0.15 pounds of sulfur dioxide (SO2) per million Btu of heat input (0.15 

lb/MMBtu) on a 30-day rolling average; 

(2) 0.28 pounds of nitrogen oxides (NOx) per million Btu of heat input (0.28 

lb/MMBtu) on a 30-day rolling average; and 

(3) The existing particulate matter emission limit as of October 15, 2007, satisfies the 

BART particulate matter requirements. 

(J) On or before the compliance date required under Reg. section 19.1504(B)

19.15004(B), Entergy Arkansas, Inc. – White Bluff, Unit 2 Boiler, SN-02 shall comply 

15-5 
with BART by meeting the following emission limits when burning sub-bituminous 

coal: 

(1) 0.15 pounds of sulfur dioxide (SO2) per million Btu of heat input (0.15 

lb/MMBtu) on a 30-day rolling average; 

(2) 0.15 pounds of nitrogen oxides (NOx) per million Btu of heat input (0.15 

lb/MMBtu) on a 30-day rolling average; and 

(3) The existing particulate matter emission limit as of October 15, 2007, satisfies the 

BART particulate matter requirements. 

(K) When burning a mix of bituminous coal and sub-bituminous coal in the Unit 2 Boiler 

at Entergy Arkansas, Inc. – White Bluff the NOx BART limits shall be prorated using 

the percentage of each of coal being burned. 

(L) On or before the compliance date required under Reg. section 19.1504(B)

19.15004(B), Entergy Arkansas, Inc. – White Bluff, auxiliary boiler, SN-05 shall 

comply with BART by restricting operation to not more than 4360 hours annually. 

(M) On or before the compliance date required under Reg. section 19.1504(B)

19.15004(B), Entergy Arkansas, Inc. – Lake Catherine Plant, Unit 4 Boiler, SN-03 

shall comply with BART by meeting the following emission limits when burning 

natural gas: 

(1) 0.15 pounds of nitrogen oxides (NOx) per million Btu of heat input (0.15 

lb/MMBtu) on a 30 day rolling average; and 

(2) The existing particulate matter emission limit as of October 15, 2007, satisfies the 

BART particulate matter requirements. 

(N) On or before the compliance date required under Reg. section 19.1504(B)

19.15004(B), Entergy Arkansas, Inc. – Lake Catherine Plant, Unit 4 Boiler, SN-03 

shall comply with BART by meeting the following emission limits when burning oil: 

(1) 0.562 pounds of sulfur dioxide (SO2) per million Btu of heat input (0.562 

lb/MMBtu) on a 30 day rolling average; 

(2) 0.25 pounds of nitrogen oxides (NOx) per million Btu of heat input (0.25 

lb/MMBtu) on a 30 day rolling average; and 

(3) 0.037 pounds of PM2.5 per million Btu of heat input (0.037 lb/MMBtu) on a 30 

day rolling average. 

15-6 
Reg. 19.1506 Compliance Provisions 

Each facility listed in Reg. section 19.1504(A) 19.15004(A) as being subject to BART shall 

demonstrate compliance with the BART limits listed in Reg. 19.1505 19.15005 in accordance 

with the provisions of Chapter 7 of this regulation. 

Reg. 19.1507 Permit Reopening 

The Part 70 permit of each facility subject-to-BART shall be subject to re-opening in accordance 

with section 26.1011(A) of Arkansas Pollution Control and Ecology Commission Regulation 26. 

15-7 
16-1 

CHAPTER 16: EFFECTIVE DATE 

Reg. 19.1601 Effective Date 

This regulation is effective ten (10) days after filing with the Secretary of State, the State Library 

and the Bureau of Legislative Research. 
ARKANSAS POLLUTION CONTROL 

AND ECOLOGY COMMISSION 

REGULATION NO. 19 

APPENDIX A 

Insignificant Activities List 

June 27, 2008 
APPENDIX A: INSIGNIFICANT ACTIVITIES LIST 

The following types of activities or emissions are deemed insignificant on the basis of size, 

emission rate, production rate, or activity. Certain of these listed activities include qualifying 

statements intended to exclude many similar activities. By such listing, the Department exempts 

certain sources or types of sources from the requirements to obtain a permit or plan under this 

regulation. Listing in this part has no effect on any other law to which the activity may be 

subject. Any activity for which a state or federal applicable requirement applies (such as NSPS, 

National Emission Standards for Hazardous Air Pollutants [NESHAP], or Maximum Achievable 

Control Technology [MACT]) is not insignificant, even if this activity meets the criteria below. 

Group A 

The following emission units, operations, or activities must either be listed as insignificant or 

included in the permit application as sources to be permitted. The listing of insignificant sources 

does not necessarily mean that the emissions from these sources must be quantified. 

1. Fuel burning equipment with a design rate less than 10 million MMBTU per hour, 

provided that the aggregate pollutant specific emissions from all such units listed as 

insignificant do not exceed 5 tons per year (tpy) of any combination of HAPs and 10 tpy 

of any other pollutant. 

2. Storage tanks less than or equal to 250 gallons storing organic liquids having a true vapor 

 pressure less than or equal to 3.5 psia, provided that the aggregate pollutant specific 

 emissions from all such liquid storage tanks listed as insignificant do not exceed 5 tpy of 

 any combination of HAPs and 10 tpy of any other pollutant. 

3. Storage tanks less than or equal to 10,000 gallons storing organic liquids having a true 

 vapor pressure less than or equal to 0.5 psia, provided that the aggregate pollutant 

 specific emissions from all such liquid storage tanks listed as insignificant do not exceed 

 5 tpy of any combination of HAPs and 10 tpy of any other pollutant. 

4. Caustic storage tanks that contain no VOCs. 

5. Emissions from laboratory equipment/vents used exclusively for routine chemical or 

 physical analysis for quality control or environmental monitoring purposes provided that 

 the aggregate pollutant specific emissions from all such equipment/vents considered 

A-1
A-2

 insignificant do not exceed 5 tpy of any combination of HAPs and 10 tpy of any other 

 pollutant. 

6. Non-commercial water washing operations of empty drums less than or equal to 55 

 gallons with less than three percent of the maximum container volume of material. 

7. Welding or cutting equipment related to manufacturing activities that do not result in 

 aggregate emissions of HAPs in excess of 0.1 tpy. 

8. Containers of less than or equal to 5 gallons in capacity that do not emit any detectable 

 VOCs or HAPs when closed. This includes filling, blending, or mixing of the contents of 

 such containers by a retailer. 

9. Equipment used for surface coating, painting, dipping, or spraying operations, provided 

 the material used contains no more than 0.4 lb/gal VOCs, no hexavalent chromium, and 

 no more than 0.1 tpy of all other HAPs. 

10. Non-production equipment approved by the Department, used for waste treatability 

 studies or other pollution prevention programs provided that the emissions are less than 

 10 tpy of any pollutant regulated under this regulation or less than 2 tpy of a single HAP 

 or 5 tpy of any combination of HAPs.1

11. Operation of groundwater remediation wells, including emissions from the pumps and 

 collection activities provided that the emissions are less than 10 tpy of any pollutant 

 regulated under this regulation or less than 2 tpy of a single HAP or 5 tpy of any 

 combination of HAPs. This does not include emissions from air-stripping or storage. 

12. Emergency use generators, boilers, or other fuel burning equipment that is of equal or 

 smaller capacity than the primary operating unit, cannot be used in conjunction with the 

 primary operating unit, and does not emit or have the potential to emit regulated air 

 pollutants in excess of the primary operating unit and not operated more than 90 days a 

 year. This does not apply to generators which provide electricity to the distribution grid.

13. Other activities for which the facility demonstrates that no enforceable permit conditions 

 are necessary to insure compliance with any applicable law or regulation provided that 

 

1

 The treatability study or pollution prevention program must be approved separately. The activity creating the 

emissions must also be determined to be insignificant as discussed in the introduction to this group. 
 the emissions are less than 5 tpy of any pollutant regulated under this regulation or less 

 than 1 tpy of a single HAP or 2.5 tpy of any combination of HAPs. These emission limits 

 apply to the sum of all activities listed under this group. 

Group B 

The following emission units, operations, or activities need not be included in a permit 

application: 

1. Combustion emissions from propulsion of mobile sources and emissions from refueling 

 these sources unless regulated by Title II and required to obtain a permit under Title V of 

 the federal Clean Air Act, as amended. This does not include emissions from any 

 transportable units, such as temporary compressors or boilers. This does not include 

 emissions from loading racks or fueling operations covered under any applicable federal 

 requirements. 

2. Air conditioning and heating units used for comfort that do not have applicable 

 requirements under Title VI of the Act. 

3. Ventilating units used for human comfort that do not exhaust air pollutants into the 

 ambient air from any manufacturing/industrial or commercial process. 

4. Non-commercial food preparation or food preparation at restaurants, cafeterias, or 

 caterers, etc. 

5. Consumer use of office equipment and products, not including commercial printers or 

 business primarily involved in photographic reproduction. 

6. Janitorial services and consumer use of janitorial products. 

7. Internal combustion engines used for landscaping purposes. 

8. Laundry activities, except for dry-cleaning and steam boilers. 

9. Bathroom/toilet emissions. 

10. Emergency (backup) electrical generators at residential locations. 

11. Tobacco smoking rooms and areas. 

A-3
A-4

12. Blacksmith forges. 

13. Maintenance of grounds or buildings, including: lawn care, weed control, pest control, 

 and water washing activities. 

14. Repair, up-keep, maintenance, or construction activities not related to the source’s 

sources’ primary business activity, and not otherwise triggering a permit modification. 

This may include, but is not limited to such activities as general repairs, cleaning, 

painting, welding, woodworking, plumbing, re-tarring roofs, installing insulation, 

paved/paving parking lots, miscellaneous solvent use, application of refractory, or 

insulation, brazing, soldering, the use of adhesives, grinding, and cutting.2

15. Surface-coating equipment during miscellaneous maintenance and construction activities. 

 This activity specifically does not include any facility whose primary business activity is 

 surface-coating or includes surface-coating or products. 

16. Portable electrical generators that can be “moved by hand” from one location to another.3

17. Hand-held equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning, 

 or machining wood, metal, or plastic. 

18. Brazing or soldering equipment related to manufacturing activities that do not result in 

 emission of HAPs.4

19. Air compressors and pneumatically operated equipment, including hand tools. 

20. Batteries and battery charging stations, except at battery manufacturing plants. 

 

2

 Cleaning and painting activities qualify if they are not subject to VOC or HAP control requirements. Asphalt 

batch plant owners/operators must get a permit. 

3

 "Moved by hand" means that it can be moved by one person without assistance of any motorized or non-motorized 

vehicle, conveyance, or device. 

4

 Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and construction activities 

that emit HAP metals are more appropriate for treatment as insignificant activities based on size or production 

thresholds. Brazing, soldering, and welding equipment, and cutting torches related directly to plant maintenance and 

upkeep and repair or maintenance shop activities that emit HAP metals are treated as trivial and listed separately in 

this appendix. 
A-5

21. Storage tanks, vessels, and containers holding or storing liquid substances that do not 

 contain any VOCs or HAPs.5

22. Storage tanks, reservoirs, and pumping and handling equipment of any size containing 

 soaps, vegetable oil, grease, animal fat, and no volatile aqueous salt solutions, provided 

 appropriate lids and covers are used and appropriate odor control is achieved. 

23. Equipment used to mix and package soaps, vegetable oil, grease, animal fat, and non-

 volatile aqueous salt solutions, provided appropriate lids and covers are used and 

 appropriate odor control is achieved. 

24. Drop hammers or presses for forging or metalworking. 

25. Equipment used exclusively to slaughter animals, but not including other equipment at 

 slaughter-houses, such as rendering cookers, boilers, heating plants, incinerators, and 

 electrical power generating equipment. 

26. Vents from continuous emissions monitors and other analyzers. 

27. Natural gas pressure regulator vents, excluding venting at oil and gas production 

 facilities. 

28. Hand-held applicator equipment for hot melt adhesives with no VOCs in the adhesive. 

29. Lasers used only on metals and other materials which do not emit HAPs in the process. 

30. Consumer use of paper trimmers/binders. 

31. Electric or steam-heated drying ovens and autoclaves, but not the emissions from the 

 articles or substances being processed in the ovens or autoclaves or the boilers delivering 

 the steam. 

32. Salt baths using non-volatile salts that do not result in emissions of any air pollutant 

 covered by this regulation. 

33. Laser trimmers using dust collection to prevent fugitive emissions. 

 

5

 Exemptions for storage tanks containing petroleum liquids or other volatile organic liquids are based on size and 

limits including storage tank capacity and vapor pressure of liquids stored and are not appropriate for this list. 
34. Bench-scale laboratory equipment used for physical or chemical analysis not including 

 lab fume hoods or vents. 

35. Routine calibration and maintenance of laboratory equipment or other analytical 

 instruments. 

36. Equipment used for quality control/assurance or inspection purposes, including sampling 

 equipment used to withdraw materials for analysis. 

37. Hydraulic and hydrostatic testing equipment. 

38. Environmental chambers not using hazardous air pollutant gases. 

39. Shock chambers, humidity chambers, and solar simulators. 

40. Fugitive emissions related to movement of passenger vehicles, provided the emissions are 

 not counted for applicability purposes and any required fugitive dust control plan or its 

 equivalent is submitted. 

41. Process water filtration systems and demineralizers. 

42. Demineralized water tanks and demineralizer vents. 

43. Boiler water treatment operations, not including cooling towers. 

44. Emissions from storage or use of water treatment chemicals, except for hazardous air 

pollutants or pollutants listed under regulations promulgated pursuant to Section 112(r) of 

the Act as of July 1, 1997, for use in cooling towers, drinking water systems, and boiler 

water/feed systems. 

45. Oxygen scavenging (de-aeration) of water. 

46. Ozone generators. 

47. Fire suppression systems. 

48. Emergency road flares. 

49. Steam vents and safety relief valves. 

50. Steam leaks. 

A-6
51. Steam cleaning operations. 

52. Steam and microwave sterilizers. 

53. Site assessment work to characterize waste disposal or remediation sites. 

54. Miscellaneous additions or upgrades of instrumentation. 

55. Emissions from combustion controllers or combustion shutoff devices but not 

 combustion units itself. 

56. Use of products for the purpose of maintaining motor vehicles operated by the facility, 

not including air cleaning units of such vehicles (i.e. antifreeze, fuel additives). 

57. Stacks or vents to prevent escape of sanitary sewer gases through the plumbing traps. 

58. Emissions from equipment lubricating systems (i.e. oil mist), not including storage tanks, 

 unless otherwise exempt. 

59. Residential wood heaters, cookstoves, or fireplaces. 

60. Barbecue equipment or outdoor fireplaces used in connection with any residence or 

 recreation. 

61. Log wetting areas and log flumes. 

62. Periodic use of pressurized air for cleanup. 

63. Solid waste dumpsters. 

64. Emissions of wet lime from lime mud tanks, lime mud washers, lime mud piles, lime 

 mud filter and filtrate tanks, and lime mud slurry tanks. 

65. Natural gas odoring activities unless the Department determines that emissions constitute 

 air pollution. 

66. Emissions from engine crankcase vents. 

67. Storage tanks used for the temporary containment of materials resulting from an 

 emergency reporting to an unanticipated release. 

A-7
A-8

68. Equipment used exclusively to mill or grind coatings in roll grinding rebuilding, and 

 molding compounds where all materials charged are in paste form. 

69. Mixers, blenders, roll mills, or calendars for rubber or plastic for which no materials in 

powder form are added and in which no hazardous air pollutants, organic solvents, 

diluents, or thinners are used or emitted. 

70. The storage, handling, and handling equipment for bark and wood residues not subject to 

 fugitive dispersion offsite (this applies to the equipment only). 

71. Maintenance dredging of pulp and paper mill surface impoundments and ditches 

 containing cellulosic and cellulosic derived biosolids and inorganic materials such as 

 lime, ash, or sand. 

72. Tall oil soap storage, skimming, and loading. 

73. Water heaters used strictly for domestic (non-process) purposes. 

74. Facility roads and parking areas, unless necessary to control offsite fugitive emissions. 

75. Agricultural operations, including onsite grain storage, not including internal combustion

IC engines or grain elevators. 

76. The following natural gas and oil exploration production site equipment: separators, 

 dehydration units, natural gas fired compressors, and pumping units. This does not 

 include compressors located on natural gas transmission pipelines. 
FILED

Pollution Comrol and Eco}ogyCommiSSion,# 014.00-0] 9

~:" ;:. I,e' ;

Q ',' :"i"'.:: .: ~'." ',:.< ";1:'~

ARKANSAS POLLUTION ~OM?:Fbt~ _

and ECOLOGY COMMISSION

REGULATION NO. 19

REGULATIONS OF THE ARKANSAS PLAN OF

IMPLEMENTATION FOR AIR POLLUTION

CONTROL

Adopted by the PC&E Commission ln December, 2008
i 

TABLE OF CONTENTS 

CHAPTER 1: TITLE, INTENT, AND PURPOSE .................................................................... 1-1 

Reg. 19.101 Title............................................................................................................. 1-1 

Reg. 19.102 Applicability............................................................................................... 1-1 

Reg. 19.103 Intent and Construction .............................................................................. 1-1 

Reg. 19.104 Severability................................................................................................. 1-2 

CHAPTER 2: DEFINITIONS .................................................................................................... 2-1 

CHAPTER 3: PROTECTION OF THE NATIONAL AMBIENT AIR QUALITY 

STANDARDS...................................................................................................... 3-1 

Reg. 19.301 Purpose ....................................................................................................... 3-1 

Reg. 19.302 Department Responsibilities....................................................................... 3-1 

Reg. 19.303 Regulated Sources Responsibilities............................................................ 3-1 

Reg. 19.304 Delegated Federal Programs....................................................................... 3-2 

CHAPTER 4: MINOR SOURCE REVIEW................................................................................ 4-1 

Reg. 19.401 General Applicability ................................................................................. 4-1 

Reg. 19.402 Approval Criteria........................................................................................ 4-1 

Reg. 19.403 Owner/Operator's Responsibilities............................................................. 4-1 

Reg. 19.404 Required Information ................................................................................. 4-2 

Reg. 19.405 Action on Application ................................................................................ 4-2 

Reg. 19.406 Public Participation .................................................................................... 4-4 

Reg. 19.407 Permit Amendments................................................................................... 4-5 

Reg. 19.408 Exemption from Permitting........................................................................ 4-9 

Reg. 19.409 Transition.................................................................................................... 4-9 

Reg. 19.410 Permit Revocation and Cancellation ........................................................ 4-10 

Reg. 19.411 General Permits........................................................................................ 4-10 

Reg. 19.412 Dispersion Modeling ................................................................................ 4-11 

Reg. 19.413 Confidentiality.......................................................................................... 4-12 

Reg. 19.414 Operational Flexibility-Applicant's Duty to Apply for Alternative 

Scenarios ............................................................................................ 4-13 

Reg. 19.415 Changes Resulting in No Emissions Increases......................................... 4-14 

Reg. 19.416 Permit Flexibility...................................................................................... 4-14 

Reg. 19.417 Registration............................................................................................... 4-16 

CHAPTER 5: GENERAL EMISSIONS LIMITATIONS APPLICABLE TO EQUIPMENT... 5-1 
ii 

Reg. 19.501 Purpose ....................................................................................................... 5-1 

Reg. 19.502 General Regulations................................................................................... 5-1 

Reg. 19.503 Visible Emission Regulations..................................................................... 5-1 

Reg. 19.504 Stack Height/Dispersion Regulations......................................................... 5-2 

Reg. 19.505 Revised Emissions Limitation.................................................................... 5-2 

CHAPTER 6: UPSET AND EMERGENCY CONDITIONS.................................................... 6-1 

Reg. 19.601 Upset Conditions........................................................................................ 6-1 

Reg. 19.602 Emergency Conditions............................................................................... 6-2 

CHAPTER 7: SAMPLING, MONITORING, AND REPORTING REQUIREMENTS........... 7-1 

Reg. 19.701 Purpose ....................................................................................................... 7-1 

Reg. 19.702 Air Emissions Sampling............................................................................. 7-1 

Reg. 19.703 Continuous Emissions Monitoring............................................................. 7-2 

Reg. 19.704 Notice of Completion ................................................................................. 7-3 

Reg. 19.705 Record Keeping and Reporting Requirements........................................... 7-3 

Reg. 19.706 Public Availability of Emissions Data ....................................................... 7-4 

CHAPTER 8: 111(D) DESIGNATED FACILITIES................................................................. 8-1 

Reg. 19.801 Purpose ....................................................................................................... 8-1 

Reg. 19.802 Permit Emissions Limitations..................................................................... 8-1 

Reg. 19.803 Sulfuric Acid Plants (H2SO4 Mist)............................................................. 8-1 

Reg. 19.804 Kraft Pulp Mills (TRS)............................................................................... 8-1 

CHAPTER 9: PREVENTION OF SIGNIFICANT DETERIORATION................................... 9-1 

Reg. 19.901 Title............................................................................................................. 9-1 

Reg. 19.902 Purposes...................................................................................................... 9-1 

Reg. 19.903 Definitions.................................................................................................. 9-1 

Reg. 19.904 Adoption of Regulations............................................................................. 9-2 

CHAPTER 10: REGULATIONS FOR THE CONTROL OF VOLATILE ORGANIC 

COMPOUNDS IN PULASKI COUNTY.......................................................... 10-1 

Reg. 19.1001 Title......................................................................................................... 10-1 

Reg. 19.1002 Purpose ................................................................................................... 10-1 

Reg. 19.1003 Definitions.............................................................................................. 10-1 

Reg. 19.1004 General Provisions.................................................................................. 10-5 

Reg. 19.1005 Provisions for Specific Processes......................................................... 10-12 

Reg. 19.1006 Severability........................................................................................... 10-18 

CHAPTER 11: MAJOR SOURCE PERMITTING PROCEDURES....................................... 11-1 

CHAPTER 12: [RESERVED].................................................................................................. 12-1 
iii 

CHAPTER 13: STAGE I VAPOR RECOVERY..................................................................... 13-1 

Reg. 19.1301 Purpose ................................................................................................... 13-1 

Reg. 19.1302 Applicability........................................................................................... 13-1 

Reg. 19.1303 Definitions.............................................................................................. 13-1 

Reg. 19.1304 Exemptions............................................................................................. 13-3 

Reg. 19.1305 Prohibited Activities............................................................................... 13-4 

Reg. 19.1306 Record Keeping...................................................................................... 13-5 

Reg. 19.1307 Inspections.............................................................................................. 13-5 

Reg. 19.1308 Vapor Recovery Systems ....................................................................... 13-5 

Reg. 19.1309 Gasoline Delivery Vessels...................................................................... 13-6 

Reg. 19.1310 Owner/Operator Responsibility.............................................................. 13-7 

Reg. 19.1311 Test Methods.......................................................................................... 13-7 

Reg. 19.1312 Effective Date......................................................................................... 13-8 

CHAPTER 14: CAIR NOX OZONE SEASON TRADING PROGRAM GENERAL 

PROVISIONS.................................................................................................... 14-1 

Reg. 19.1401 Adoption of Regulations......................................................................... 14-1 

Reg. 19.1402 State Trading Budget.............................................................................. 14-1 

Reg. 19.1403 Timing Requirements for CAIR NOx Ozone Season Allowance 

Allocations ......................................................................................... 14-1 

Reg. 19.1404 CAIR NOx Ozone Season Allowance Allocations................................. 14-2 

CHAPTER 15: REGIONAL HAZE......................................................................................... 15-1 

Reg. 19.1501 Purpose ................................................................................................... 15-1 

Reg. 19.1502 Definitions.............................................................................................. 15-1 

Reg. 19.1503 BART Eligible Sources.......................................................................... 15-1 

Reg. 19.1504 Facilities Subject-to-BART.................................................................... 15-3 

Reg. 19.1505 BART Requirements.............................................................................. 15-3 

Reg. 19.1506 Compliance Provisions........................................................................... 15-6 

Reg. 19.1507 Permit Reopening ................................................................................... 15-7 

CHAPTER 16: EFFECTIVE DATE ........................................................................................ 16-1 

Reg. 19.1601 Effective Date......................................................................................... 16-1 

APPENDIX A: INSIGNIFICANT ACTIVITIES LIST.................................................................1 
1-1

CHAPTER 1: TITLE, INTENT, AND PURPOSE 

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.” 

Reg. 19.102 Applicability 

These regulations are applicable to any stationary source which has the potential to emit any 

federally regulated air pollutant. 

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 Commission in satisfaction of certain 

requirements 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 [CFR] Part 50), certain delegated subparts 

of the New Source Performance Standards (40 CFR Part 60), provisions designed for 

the Prevention of Significant Deterioration (40 CFR § 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 CFR 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. 

(B) Regulation 19, as amended, is further intended to limit the federal enforceability of its 

requirements to only those mandated by federal law. Regulation 19, as amended, is 

also intended to facilitate a permit system for stationary sources within the State, which 
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permit shall provide which provisions are federally enforceable and which provisions 

are state enforceable. 

(C) Regulation 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 that 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 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 enforceable. 

(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 maintaining 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 manifestly 

inconsistent with its substantive terms. 

(E) Nothing in Regulation 19 shall be construed as curtailing the Department’s or 

Commission’s authority under state law. 

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. 
2-1

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: 

“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. 

“Actual emissions” means the quantity of federally regulated air pollutants emitted from a 

stationary source considering emissions control equipment and actual hours of source operation 

or amount of material processed. 

“Commission” means the Arkansas Pollution Control and Ecology Commission. 

“Construction” means fabrication, erection, or installation of equipment. See also 40 CFR 60.2, 

40 CFR 51.165, and 40 CFR 52.21. 

“Control apparatus” means any device which prevents, controls, detects or records the 

emission of any federally regulated air pollutants. 

“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 the 

Department, the reference is to the staff of the Department acting at the direction of the Director. 

“Director” means the Director of the Arkansas Department of Environmental Quality, or its 

successor, acting directly or through the staff of the Department. 

“Emission limitation” and “emission standard” mean a requirement established by the 

Department or the Administrator of the United States Environmental Protection Agency which 

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 to assure continuous emission 
2-2

reduction. 

“Emission unit” means any article, machine, equipment, operation, or contrivance that emits or 

has the potential to emit any federally regulated air pollutant. 

“EPA” means the United States Environmental Protection Agency. 

“Equipment” means any 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 serving 

the equipment. 

“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 

effective date of this regulation. 

“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 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. 

“Fugitive 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 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 
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industries for which an approved EPA definition exist under federal law or regulation and which 

are meeting that law or regulation. 

“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., as of the effective date of this regulation. 

“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) Routine maintenance, repair, and replacement shall not be considered a physical 

 change, and 

 (B) The following shall not be considered a change in the method of operation: 

 (1) Any change in the production rate, if such change does not exceed the 

 permitted operating capacity of the source; 

 (2) Any change in the hours of operation, as long as it does not violate 

 applicable air permit conditions; or 

 (3) The use of an alternate fuel or raw material, as long as it does not violate 

 applicable air permit conditions. 

(C) De Minimis changes, as defined in Reg. 19.407(C), and changes in ownership 

shall not be considered. 

“National Ambient Air Quality Standard” or “NAAQS,” mean those ambient air quality 

standards promulgated by the EPA in 40 CFR Part 50. 

“Opacity” means the degree to which air emissions reduce the transmission of light and obscure 

the view of an object in the background. 

“Operator” means any person who leases, operates, controls, or supervises any equipment 

affected by these regulations. 
2-4

“Owner” means any person who has legal or equitable title to any source, facility, or equipment 

affected by these regulations. 

“Particulate matter” means any airborne finely divided solid or liquid material with an 

aerodynamic diameter equal to or less than 100 micrometers. 

“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. 

“Person” means any individual or other legal entity or their legal representative or assignee. 

“Plan” means the Arkansas Plan of Implementation for Air Pollution Control. 

“PM2.5” means particulate matter with an aerodynamic diameter less than or equal to a nominal 

two and one-half (2.5) micrometers. 

“PM10” 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 as of December 8, 1984. 

“PM10 emissions” means PM10 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. 

“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 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 would have on emissions is enforceable to the extent it is 
2-5

regulated by the federal Clean Air Act, 42 U.S.C. §§ 7401 et seq. as of February 15, 1999. 

Secondary air emissions do not count in determining the potential to emit of a stationary source. 

“Responsible official” means one of the following: 

 (A) 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) 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) The delegation of authority to such representative is approved in advance 

 by the Department; 

 (B) For partnership or sole proprietorship: a general partner or the proprietor, 

 respectively; 

 (C) 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 

 the agency (e.g., a Regional Administrator of EPA); or 

 (D) For acid rain sources: 

 (1) 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) The designated representative for any other purposes under Part 70. 
2-6

“Secondary emissions” means those emissions of federally regulated air pollutants which, 

although associated with a source, are not emitted from the source itself. 

“Shutdown” means the cessation of operation of equipment. 

“Startup” means the setting in operation of equipment. 

“Stationary source” means any building, structure, facility, or installation which emits or may 

emit any federally regulated air pollutant. 

“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. 

“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. 

(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); 

 1,1,2-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 (HFC-134a); 

1,1-dichloro 1-fluoroethane (HCFC-141b); 

1-chloro 1,1-difluoroethane (HCFC-142b); 
2-7

2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); 

pentaflurorethane (HFC-125); 

1,1,2,2-tetrafluoroethane (HFC-134); 

1,1,1-trifluoroethane (HFC-143a); 

1,1-difluoroethane (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-decafluoropentane (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 (C4F9OCH3 or HFE-7100); 

2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane 

 ((CF3)2CFCF2OCH3); 

1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE 7200); 

2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 

 ((CF3)2CFCF2OC2H5); 

methyl acetate; 

1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3 or HFE-7000); 

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 formate (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; 
2-8

 (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. 

(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 compounds 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. 

 (C) 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 negligibly-reactive compounds in the source’s emissions. 

(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. 
3-1 

CHAPTER 3: PROTECTION OF THE NATIONAL AMBIENT AIR 

QUALITY STANDARDS 

Reg. 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. 

Reg. 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 federally 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. 

Reg. 19.303 Regulated Sources Responsibilities 

Any source subject to the provisions of this Plan shall be responsible 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. 
3-2 

(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 

possible. 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. 

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 CFR Part 60), provisions designed for the Prevention of 

Significant Deterioration (40 CFR § 52.21), and certain delegated subparts of the National 

Emissions Standards for Hazardous Air Pollutants (40 CFR 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.) 
4-1 

CHAPTER 4: MINOR SOURCE REVIEW 

Reg. 19.401 General Applicability 

No person shall cause or permit the operation, construction, or modification of a stationary 

source, whose actual emissions are: 

75 tons per year or more of carbon monoxide; 

40 tons per year or more of nitrogen oxides; 

40 tons per year or more of sulfur dioxide; 

40 tons per year or more of volatile organic compounds; 

15 tons per year or more of PM10; 

0.5 tons per year or more of lead; 

2.0 ton per year or more of any single hazardous air pollutant; or 

5.0 tons per year or more of any combination of hazardous air pollutants 

without first obtaining a permit from the Department pursuant to the provisions of this chapter. 

Reg. 19.402 Approval Criteria 

No permit shall be granted or modified under this chapter unless the owner/operator 

demonstrates to the reasonable satisfaction of the Department that the stationary source will be 

constructed or modified to operate without resulting in a violation of applicable portions of this 

regulation or without interfering with the attainment or maintenance of a national ambient air 

quality standard. 

Reg. 19.403 Owner/Operator's Responsibilities 

Issuance of a permit by the Department does not affect the responsibility of the owner/operator 

to comply with applicable portions of this regulation. 
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Reg. 19.404 Required Information 

(A) General 

Application for a permit shall be made on such forms and contain such information as the 

Department may reasonably require, including but not limited to: 

 (1) information on the nature and amounts of federally regulated air pollutants to be 

 emitted by the stationary source; and 

 (2) such information on the location, design, and operation of stationary source as the 

 Department may reasonably require. 

(B) Duty to Supplement Submittal 

If, while processing an application that has been determined to be complete, the Department 

determines that additional information is necessary to evaluate or take final action on that 

application, the Department may request such information in writing and set a reasonable 

deadline for a response. 

(C) Duty to Correct Submittal 

Any owner/operator who fails to submit any relevant facts or who has submitted incorrect 

information, shall, upon becoming aware of such failure or incorrect submittal, promptly submit 

such supplementary facts or corrected information. In addition, an applicant shall provide 

additional information as necessary to address any relevant requirements that become applicable 

to the stationary source before final action is taken on its application. 

Reg. 19.405 Action on Application 

(A) Technical Review 

The Department will review the application submitted under this chapter in order to ensure to 

their reasonable satisfaction that: 
4-3 

 (1) the stationary source will be constructed or modified to operate without 

 interfering with attainment or maintenance of a national ambient air quality 

 standard; 

 (2) the stationary source will be constructed or modified to operate without violating 

 any applicable regulation adopted by the U.S. Environmental Protection Agency 

 pursuant to §§111, 112, and 114 of the Clean Air Act as amended; 

 (3) the stationary source will be constructed or modified to operate without resulting 

 in a violation of any applicable provisions of this regulation; 

 (4) the emission rate calculations are complete and accurate; and 

 (5) if the facility wishes to measure and/or monitor operating parameters rather than 

 actual emissions, the application describes a process which will be used to ensure 

 that the calculations are translated into enforceable limits on operational 

 parameters rather than emissions. 

(B) Proposed Action 

(1) If the Department initially determines the requirements of Reg. 19.405(A) are 

met, they shall prepare a draft permit which: 

 (a) contains such conditions as are necessary to comply with this Regulation; 

 (b) addresses all recognized federally regulated air pollutant emissions and all 

 federally regulated air pollutant emitting equipment at the stationary 

 source except pollutants or equipment specifically exempt. 

 (2) If the Department initially determines the requirements of this chapter are not 

 met, they shall prepare a notice of intent to deny. This notice will state the 

 reasons for the Department's denial of the stationary source's submittal. 

(3) Except as provided in Reg. 19.407, the public shall have an opportunity to 

comment on the Department's proposed permit decision in accordance with Reg. 

19.406. 
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 (4) Within 90 days of receipt by the Department of an initial permit application, or an 

 application for a major modification which contains such information as required 

 by the Department (unless said period is extended by mutual agreement between 

 the Department and the applicant), the Department shall notify the applicant in 

 writing of its draft permitting decision. If the Department fails to take action of 

 the application within the prescribed time frames, the aggrieved applicant may 

 petition the Commission for relief from Department inaction. The Commission 

 shall either grant or deny the petition within 45 days of its submittal. 

(C) Final Action 

The Department shall take final action on a permit application after the close of the public 

comment period. The Department shall notify in writing the owner/operator and any person that 

submitted a written comment, of the Department’s final action and the Department’s reasons for 

its final action. 

Reg. 19.406 Public Participation 

(A) General 

No permit shall be issued, denied, or modified unless the public has first had an opportunity to 

comment on the information submitted by the owner/operator and the Department’s analysis, as 

demonstrated by the permit record, of the effect of construction or modification on ambient air 

quality, including the Department's proposed approval or disapproval of the permit. 

(B) Public Availability of Information 

For purposes of this section, opportunity to comment shall include, at a minimum: 

 (1) Availability for the public inspection in at least one location in the area where the 

 source is located, or proposes to locate, and in the Department’s central offices of 

 the Department’s draft decision, information submitted by the owner/operator, 

 and any information developed by the Department in support of its draft permit 

 decision; 

 (2) A 30-day period for submittal of public comment (beginning on the date of the 

 latest newspaper notice, ending on the date 30 days later); 
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 (3) A publication in a newspaper of general circulation in the area where the source is 

 located or proposes to locate, and in a State publication designed to give general 

 public notice. Such notice shall, as a minimum, describe the locations at which 

 the information submitted by the owner/operator and the Department’s analysis of 

 this information, may be inspected and the procedure for submitting public 

 comment; 

 (4) A copy of the notice, required pursuant to this subsection, shall be sent to the 

 owner/operator and to the: 

 (a) Regional Administrator of the United States Environmental Protection 

 Agency; 

 (b) mayor of the community where the stationary source is proposed to be 

 constructed or modified; 

 (c) county judge of the county where the equipment is proposed to be 

 constructed or modified; and 

 (d) appropriate air pollution control agencies of adjoining states if the 

 construction or modification of the source will impact air quality in 

 adjoining states. 

 (5) Public comments addressing the technical merits of the permit application and the 

 Department’s analysis of the effect of the proposed emissions on air quality 

 submitted in accordance with procedures in the public notice shall be considered 

 by the Department prior to taking final action on the permit application. 

Reg. 19.407 Permit Amendments 

(A) Administrative Permit Amendments 

 (1) An administrative permit amendment is a permit revision that: 

 (a) corrects a typographical error; 
4-6 

 (b) identifies a change in the name, address, or phone number of any person 

 identified in the permit, or provides a similar minor administrative change 

 in the source; 

 (c) requires more frequent monitoring or reporting by the permittee; 

 (d) incorporates a change in the permit involving the retiring of equipment or 

 emission units, or the decrease of permitted emissions from equipment or 

 emission units; or 

 (e) incorporates a change to the facility’s insignificant activities list. 

 (2) The Department shall revise the permit as expeditiously as practicable and may 

 incorporate such revisions without providing notice to the public. 

 (3) The applicant may implement the changes addressed in the request for an 

 administrative amendment immediately upon approval. 

(B) Change in Ownership 

 (1) Permits issued under this regulation shall remain freely transferable provided: 

 (a) the applicant for the transfer notifies the Director at least thirty (30) days 

 in advance of the proposed transfer date on such forms as the Director 

 may reasonably require, and 

(b) submits a disclosure statement in accordance with Commission Regulation 

8, Administive Procedures, or other such documents as required by the 

Department. 

 (2) The Director may deny the issuance or transfer of any permit, license, 

 certification, or operational authority if he or she finds, based upon the disclosure 

 statement and other investigation which he or she deems appropriate, that: 

(a) The applicant has a history of noncompliance with the environmental laws 

or regulations of this state or any other jurisdiction; 
4-7 

(b) An applicant which owns or operates other facilities in the state is not in 

substantial compliance with, or on a legally enforceable schedule that will 

result in compliance with, the environmental laws or regulations of this 

state; or 

(c) A person with a history of noncompliance with environmental laws or 

regulations of this state or any other jurisdiction is affiliated with the 

applicant to the extent of being capable of significantly influencing the 

practices or operations of the applicant which could have an impact upon 

the environment. 

(3) Public notice requirements shall not apply to changes in ownership or changes in 

name. 

(C) De Minimis Changes 

 (1) A proposed change to a facility will be considered De Minimis if: 

 (a) minimal judgment is required to establish the permit requirements for the 

 change; and 

 (b) the change will result in a trivial environmental impact. 

 (2) The environmental impact of a proposed change generally will be considered 

 trivial if the potential emissions from the change alone, without taking into 

 account any corresponding emission reductions, will: 

 (a) be less than the following amounts: 

(i) Seventy-five (75) tons per year of carbon monoxide,; 

(ii) Forty (40) tons per year of nitrogen dioxides, sulfur dioxides, or 

volatile organic compounds; 

(iii) Twenty-five (25) tons per year of particulate matter emissions; 

(iv) Fifteen (15) tons per year of PM10 emissions; and 
4-8 

(v) One-half (0.5) a ton per year lead; 

 (b) or, result in an air quality impact less than: 

Pollutant De Minimis

Concentration 

Averaging Time 

carbon monoxide 500 μg/m3 8-hour 

nitrogen dioxide 10 μg/m3 annual 

PM10 8 μg/m3 24-hour 

sulfur dioxide 18 μg/m3 24-hour 

lead 0.1 μg/m3 3-month 

 (3) The following changes will not be considered De Minimis changes: 

 (a) any increase in the permitted emission rate at a stationary source without a

 corresponding physical change or change in the method of operation at the 

 source; 

 (b) any change which would result in a violation of the Clean Air Act; 

(c) any change seeking to change a case-by-case determination of an emission 

limitation established pursuant to Best Available Control Technology 

(BACT), §112(g), §112(i)(5), §112(j), or §111(d) of the Clean Air Act as 

amended as of February 15, 1999; 

 (d) a change that would result in a violation of any provision of this 

 regulation; 

 (e) any change in a permit term, condition, or limit that a source has assumed 

 to avoid an applicable requirement to which the source would otherwise 

 be subject; 
4-9 

 (f) any significant change or relaxation to existing testing, monitoring, 

 reporting, or recordkeeping requirements; or 

 (g) any proposed change which requires more than minimal judgment to 

 determine eligibility. 

 (4) A source may not submit multiple applications for De Minimis changes that are 

 designed to conceal a larger modification that would not be considered a 

 De Minimis change. The Department will require such multiple applications be 

 processed as a permit modification with public notice and reconstruction 

 requirements. Deliberate misrepresentation may be grounds for permit 

 revocation. 

 (5) The applicant may implement De Minimis changes immediately upon approval by 

 the Department. 

 (6) The Department shall revise the permit as expeditiously as practicable and may 

 incorporate De Minimis changes without providing notice to the public. The 

 applicant may implement De Minimis changes immediately upon approval by the 

 Department. 

Reg. 19.408 Exemption from Permitting 

(A) Insignificant Activities 

Stationary sources and activities listed in Appendix A of this regulation shall be considered to be 

insignificant and will not require a permit under this chapter or be included in a source’s permit. 

(B) Grandfathering 

Stationary sources operating prior to June 30, 1975, and which have not been modified since, 

will not be required to obtain a permit under this chapter. 

Reg. 19.409 Transition 

Facilities which are now subject to this regulation which were not previously subject to this

regulation shall be in full compliance within 180 days of the effective date of this regulation. 
4-10 

Facilities which are now subject to permitting under this regulation which were not previously 

subject to permitting under this regulation shall submit a complete application within 180 days of 

the effective date of this regulation. The Director may extend this compliance period on a caseby-case basis provided that the total compliance period does not exceed one year. 

Reg. 19.410 Permit Revocation and Cancellation 

(A) Revocation 

Any permit issued under this regulation is subject to revocation, suspension, or modification in 

whole or in part, for cause, including without limitation: 

 (1) Violation of any condition of the permit; 

 (2) Obtaining a permit by misrepresentation or failure to disclose fully all relevant 

 facts; or 

 (3) Change in any applicable regulation or change in any pre-existing condition 

 affecting the nature of the emission that requires either a temporary or permanent 

 reduction or elimination of the permitted emission. 

(B) Cancellation 

The Director may cancel a permit if the construction or modification is not begun within 18 

months from the date of the permit issuance or if the work involved in the construction or 

modification is suspended for a total of 18 months or more. 

Reg. 19.411 General Permits 

(A) General Authority 

The Department may, after notice and opportunity for public participation provided under this 

chapter, issue a general permit covering numerous similar sources. The criteria for the review 

and approval of permits under this chapter shall be used for general permits as well. Any general 

permit shall comply with all requirements applicable to other permits and shall identify criteria 

by which sources may qualify for the general permit. They shall also include enforceable 

emission limitations or other control measures, means, or techniques, as well as schedules and 
4-11 

timetables for compliance, as may be necessary or appropriate to meet the applicable

requirements of this regulation. To sources that qualify, the Department shall grant the 

conditions and terms of the general permit. The source shall be subject to enforcement action for 

operation without a permit if the source is later determined not to qualify for the conditions and 

terms of the general permit. 

(B) Application 

Sources that would qualify for a general permit must apply to the Department for coverage under 

the terms of the general permit or must apply for permit consistent with this chapter. The 

Department may grant a source's request for authorization to operate under a general permit, but 

such a grant shall not be a final permit action for purposes of judicial review. 

 (1) When any application for the issuance of a new permit or a modification of an 

 existing permit is filed with the Department, the Department shall cause notice of 

 the application to be published in a newspaper of general circulation in the county 

 in which the proposed facility is to be located. 

(2) The notice required by Reg. 19.411(B)(1) shall advise that any interested person 

may request a public hearing on the permit application by giving the Department 

a written request within ten (10) days of the publication of the notice. 

 (3) Should a hearing be deemed necessary by the Department, or in the event the 

 Department desires such a hearing, the Department shall schedule a public 

 hearing and shall, by first class mail, notify the applicant and all persons who 

 have submitted comments of the date, time, and place thereof. 

Reg. 19.412 Dispersion Modeling 

The following shall apply when dispersion or other air quality modeling is used to meet the 

requirements of this chapter. 

(A) General 

All applications of air quality modeling involved in this chapter shall be based on the applicable 

models, data bases, and other requirements specified in Appendix W of 40 CFR Part 51 

(Guideline on Air Quality Models) as of November 9, 2005. 
4-12 

(B) Substitution 

Where an air quality model specified in the Guideline on Air Quality Models is inappropriate, 

the model may be modified or another model substituted. Such a modification or substitution of 

a model may be made on a case-by-case basis or, where appropriate, on a generic basis for a 

specific pollutant or type of stationary source. Written approval of the Administrator of the EPA 

must be obtained for any modification or substitution. 

Reg. 19.413 Confidentiality 

Information which constitutes a trade secret shall be held confidential and segregated from the 

public files of the Department if requested in writing by the permit applicant in accordance with 

this subsection. 

(A) For purposes of this subsection, “Trade Secret” means any information, including 

formula, pattern, compilation, program, device, method, technique, process, or rate of 

production that: 

 (1) Derives independent economic value (actual or potential) from not being 

 generally known to, and not being readily ascertainable through, proper means by 

 other persons who can obtain economic value from its disclosure or use, and 

 (2) Is the subject of efforts that are reasonable under the circumstances to maintain its 

 secrecy. 

(B) In order to establish entitlement to confidentiality, the applicant must submit a sworn 

affidavit to the Department that is subject to public scrutiny which describes in a 

manner that does not reveal trade secrets, the processes or market conditions that 

supports the applicant’s confidentiality claim in the terms of Reg. 19.413(A)(1) and 

(2). This affidavit must also recite the following: 

 “The applicant agrees to act as an indispensable party and to exercise 

 extraordinary diligence in any legal action arising from the Department’s denial 

 of public access to the documents or information claimed herein to be a trade 

 secret.” 
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If an applicant anticipates numerous permit modifications that may involve regulatory 

review of trade secrets, it may submit an omnibus affidavit establishing the prerequisites 

of Reg. 19.413(A)(1) and (2) and reference this document in future confidentiality 

claims. 

(C) Confidentiality claims shall be afforded interim protected status until the Department 

determines whether the requirements of Reg. 19.413(B) are satisfied. The Department 

shall make such determination prior to the issuance of any permit or publication of any 

draft permit. In the event the Department does not make such determination prior to 

permit issuance, the information shall be deemed confidential until a request is made. 

If a third party request to review information claimed as confidential is received before 

the Department provides its written determination concerning the claim, the 

Department shall not release such information before notifying the applicant of the 

request. The Department shall notify the applicant of the request and the Department’s 

determination on the confidentiality claim at least two business days before releasing 

the information, at which time the applicant may choose to supplement its affidavit 

supporting confidentiality or seek legal recourse. 

(D) For any permit application submitted subject to a claim of trade secret, the applicant 

shall provide two copies of the application; one prominently marked as confidential 

and another that is subject to public review with confidential information excised. The 

Department will not accept applications that are deemed totally confidential except 

under extraordinary circumstances guaranteeing future disclosure at a meaningful time 

for public review. 

Reg. 19.414 Operational Flexibility-Applicant's Duty to Apply for Alternative Scenarios 

Any operating scenario allowed for in a permit may be implemented by the facility without the 

need for any permit revision or any notification to the Department. It is incumbent upon the 

permit applicant to apply for any reasonably anticipated alternative facility operating scenarios at 

the time of permit application. The Department shall include approved alternative operating 

scenarios in the permit. 
4-14 

(1)

(2)

(3)

Reg. 19.415 Changes Resulting in No Emissions Increases 

A permitted source may make changes within the facility that contravene permit terms without a 

permit revision if the changes: 

(A) Are not modifications under any provision of Title I of the Act; 

(B) Do not exceed emissions allowable under the permit (whether expressed therein as a 

rate of emissions or in the terms of total emissions); 

(C) Do not violate applicable requirements; and 

(D) Do not contravene federally enforceable permit terms and conditions that are 

monitoring (including test methods), recordkeeping, reporting, or compliance 

certification requirements; 

provided that the facility provides the Department with written notification as required below in 

advance of the proposed changes, which shall be a minimum of 7 days, or such shorter time 

frame that Department allows for emergencies. The source and Department shall attach each 

such notice to their copy of the relevant permit. For each such change, the written notification 

required above shall include a brief description of the change within the permitted facility, the 

date on which the change will occur, any change in emissions, and any permit term or condition 

that is no longer applicable as a result of the change. 

Reg. 19.416 Permit Flexibility 

(A) The Department may grant an extension to any testing, compliance or other dates in the 

permit. No extensions shall be authorized until the permittee of the facility receives 

written approval from the Department. The Department may grant such a request, at 

its discretion, in the following circumstances: 

The permittee of the facility makes such a request in writing at least 15 days in 

advance of the deadline specified in the facility’s permit; 

The extension does not violate a federal requirement; 

The permittee of the facility demonstrates the need for the extension; and 
4-15 

(4)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

The permittee of the facility documents that all reasonable measures have been

taken to meet the current deadline and documents reasons the current deadline 

cannot be met. 

(B) The Department may grant a request to allow temporary emissions and/or testing that 

would otherwise exceed a permitted emission rate, throughput requirement or other 

limit in a facility’s permit. No such activities shall be authorized until the permittee of 

the facility receives written approval from the Department. The Department may grant 

such a request, at its discretion, in the following circumstances: 

The permittee of the facility makes such a request in writing at least 30 days in 

advance of the date that temporary emissions and/or testing that would otherwise 

exceed a permitted emission rate, throughput requirement or other limit in a 

facility’s permit; 

Such a request does not violate a federal requirement; 

Such a request is temporary in nature; 

Such a request will not result in a condition of air pollution; 

The request contains such information necessary for the Department to evaluate 

the request, including but not limited to, quantification of such emissions and the 

date and time such emission will occur; 

Such a request will result in increased emissions less than five tons of any 

individual criteria pollutant, one ton of any single HAP and 2.5 tons of total 

HAPs; and 

The permittee of the facility maintains records of the dates and results of such 

temporary emissions and/or testing. 

(C) The Department may grant a request to allow an alternative to the monitoring specified 

in a facility’s operating permit. No such activities shall be authorized until the 

permittee of the facility receives written approval from the Department. The 

Department may grant such a request, at its discretion, in the following circumstances: 
4-16 

(1)

(2)

(3)

(4)

The permittee operator of the facility makes such a request in writing at least 30 

days in advance of the first date that the monitoring alternative will be used at the 

facility; 

Such a request does not violate a federal requirement; 

The monitoring alternative provides an equivalent or greater degree of actual 

monitoring to the requirements in the facility’s operating permit; and 

Any such request, if approved by the Department, is incorporated into the next 

permit modification application by the permittee of the facility. 

Reg. 19.417 Registration 

(A) Sources currently holding permits issued pursuant to Regulation 19 but whose 

emissions are below the permitting thresholds of 19.401, and above the registration 

thresholds of Reg. 18.315 may elect to continue to operate under their existing 

Regulation 19 permit or they may submit a registration under Reg. 18.315 and request 

their Regulation 19 permit to be terminated. The Regulation 19 permit shall remain in 

effect until terminated. If a source takes no action, the Regulation 19 permit shall 

remain in effect. 

(B) A source otherwise subject to registration under Reg. 18.315 may elect to instead 

operate under a permit issued in accordance with Reg. 19.402. 
5-1 

CHAPTER 5: GENERAL EMISSIONS LIMITATIONS APPLICABLE TO 

EQUIPMENT 

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 effect as of the effective date of this regulation. 

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). 

(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. 

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 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. 
5-2 

(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 EPA: 

 (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 consecutive 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 determined using EPA Method 9 (40 CFR Part 

60, Appendix A). 

Reg. 19.504 Stack Height/Dispersion Regulations 

The stack height provisions of 40 CFR 51.118 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 51.100 (ff) through (kk) are incorporated 

into this chapter by reference as of September 12, 1986. 

Reg. 19.505 Revised Emissions Limitation 

The emissions limitations contained within the Plan and applicable permits are for the purpose of 

assuring the attainment and maintenance of the NAAQS 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 amended 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 Clean Air Act, as amended, the emission limitations and reporting 

procedures of this chapter or any applicable permits may be further amended and made 
5-3 

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 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 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, alternative 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 provision contained in any 

applicable requirement. 
6-1 

CHAPTER 6: UPSET AND EMERGENCY CONDITIONS 

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 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) Demonstrates 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 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 statement 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. 
6-2 

Reg. 19.602 Emergency Conditions 

An “emergency” means any situation arising from the sudden and reasonably unforseeable 

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 

emissions 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 complete affirmative defense to an action brought for 

noncompliance with such technology-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 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 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] 
7-1 

CHAPTER 7: SAMPLING, MONITORING, AND REPORTING 

REQUIREMENTS 

Reg. 19.701 Purpose 

The purpose of this chapter is to generally define the powers of the Department in requiring 

sampling, monitoring, 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 determine 

violations of applicable emission limitations. 

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 Department. Sampling shall not be required 

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 applicable permit, 

which in no case shall be greater than the minimum averaging times of the applicable NAAQS. 

(D) Process Rates 
7-2 

Unless otherwise approved by the Department, all federally regulated air pollutant emissions 

sampling shall be performed with the equipment 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 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 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. 

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 equipment to continuously monitor or 

determine federally regulated air pollutant emissions in accordance with applicable 

performance specifications in 40 CFR Part 60 Appendix B as of August 30, 1992, and 

quality assurance procedures in 40 CFR Part 60 Appendix F as of August 30, 1992, 

and other methods and conditions that the Department, with the concurrence of the 
7-3 

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, 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 Department 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) as of August 30, 

1992, and any other applicable reporting requirements promulgated by the EPA. 

Reg. 19.704 Notice of Completion 

For equipment for which a new permit or major permit modification is required, the 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.

Reg. 19.705 Record Keeping and Reporting 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, correlated 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. 
7-4 

(C) Information 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 inventory 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 the full name, title, signature, date of signature, and telephone number of 

the certifying official. 

Reg. 19.706 Public Availability of Emissions Data 

Emissions data obtained by the Department shall be correlated in units of applicable emissions 

limitations and be made available to the public at the Department’s central offices during normal 

business hours. 
8-1 

CHAPTER 8: 111(D) DESIGNATED FACILITIES 

Reg. 19.801 Purpose 

The purpose of this chapter is to establish regulations for designated pollutants emitted from 

designated facilities in accordance with Section 111(d) of the Clean Air Act. 

Reg. 19.802 Permit Emissions Limitations 

No person shall cause or permit emissions from equipment located at facilities described in this 

chapter to be exceeded. Future permit conditions may place more stringent emissions limitations 

on the equipment which shall supersede the limitations of this section. 

Reg. 19.803 Sulfuric Acid Plants (H2SO4 Mist) 

(A) El Dorado Chemical Company (Arkansas Facility Identification Number [AFIN] 

7000040) of El Dorado shall not exceed the following emission limitation after 

November 1, 1980: 

 (1) Sulfuric Acid Plant - 0.5 lb sulfuric acid (H2SO4) mist/ton 100% acid. 

 (2) [RESERVED] 

(B) Compliance testing shall be performed using EPA Method #8 (40 CFR Part 60 

Appendix A as of May 25, 1979) at intervals specified in the applicable permit. 

Reg. 19.804 Kraft Pulp Mills (TRS) 

(A) Affected Facilities 

Equipment located at the following kraft pulp mills are affected by the provisions of this 

subsection. The total reduced sulfur (TRS) emissions limitations are contained in Table 19.8.1. 

 (1) International Paper Company (AFIN 3500016) of Pine Bluff. 

 (2) Green Bay Packaging, Arkansas Kraft Division (AFIN 1500001) of 

 Morrilton. 
8-2 

 (3) Delta National Kraft (AFIN 3500017) of Pine Bluff. 

 (4) Georgia-Pacific Corporation (AFIN 0200013) of Crossett. 

 (5) Georgia-Pacific Corporation (AFIN 4100002) of Ashdown. 

 (6) Potlatch Corporation (AFIN 2100036) of McGehee. 

(B) Compliance Testing Requirements 

All designated equipment in Table 19.8.1 shall have annual compliance testing of TRS emissions 

performed using EPA Method 16. Data reduction shall be performed as set forth in 40 CFR 60.8 

as of January 28, 1983. Annual compliance testing will not be required for equipment with a 

continuous TRS emissions monitor. 

(C) Continuous Monitoring Requirements 

Any equipment located at the above designated facilities shall conduct TRS continuous

monitoring in accordance with the requirements of 40 CFR 60.284 (date of installation not 

withstanding). The continuous monitoring systems shall be operated according to the provisions 

of 40 CFR 60.284 by April 1, 1993, except that continuous emissions monitors for affected lime 

kilns shall be installed and certified by January 1, 1994. 

Table 19.8.1 Kraft Pulp Mill TRS Emission Limits 

AFIN Facility Equipment TRS Concentration (parts 

per million [ppm]) 

5200013 IP Camden recovery furnace 40 ppm 

lime kiln 40 ppm 

smelt dissolving tank 0.0168 gram (g)/kilogram 

(kg) 
8-3 

3500016 IP Pine Bluff recovery furnace 40 ppm 

lime kiln 40 ppm 

smelt dissolving tank 0.0168 g/kg 

1500001 Green Bay Packaging, 

Arkansas Kraft Division 

recovery furnace 40 ppm 

lime kiln 40 ppm 

smelt dissolving tank 0.0168 g/kg 

3500017 Gaylord Container, Corp. recovery furnace 100 ppm 

lime kiln 40 ppm 

smelt dissolving tank 0.0168 g/kg 

0200013 GP Crossett recovery furnace 5 ppm 

lime kiln 8 ppm 

smelt dissolving tank 0.0168 g/kg 

4100002 GP Ashdown recovery furnace 5 ppm 

lime kiln 8 ppm 

smelt dissolving tank 0.0168 g/kg 

2100036 Potlatch McGehee recovery furnace 5 ppm 

lime kiln 20 ppm 

smelt dissolving tank 0.0168 g/kg 
8-4 

Recovery Furnaces – measured as hydrogen sulfide (H2S) on a dry basis and on a 12 hour 

average, corrected to 8% by volume oxygen. 

Lime Kilns – measured as H2S on a dry basis and on a 12 hour average, corrected to 10% volume 

oxygen. 

Smelt Dissolving Tanks – measured as grams H2S/kg black liquor solids on a 12 hour average. 

Digesters and Evaporators – efficient incineration of non-condensible gases (at least 1200°F for 

at least 0.5 second). 
9-1 

CHAPTER 9: PREVENTION OF SIGNIFICANT DETERIORATION 

Reg. 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 Prevention of Significant 

Deterioration Regulations of the Arkansas Plan of Implementation for Air Pollution Control, 

hereinafter referred to, respectively, as the “PSD Regulations.” 

Reg. 19.902 Purposes 

Promulgation and 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. 

Reg. 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 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) 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, 2005, 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 
9-2 

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 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. 

Reg. 19.904 Adoption 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) 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 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. 

(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 Plan under the Governor's signature constitutes a request by the Governor for 

this exclusion. 

(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: 
9-3 

(a) Effects that the proposed consumption 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. 

(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 warrant 

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. 

(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 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. 

(E) In all instances wherein the aforesaid 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 
9-4 

Environmental Quality, unless the context plainly dictates otherwise, except in the 

following sections: 

 (1) Exclusion from increment consumption: 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 (2). 

(F) Redesignation of air quality areas in Arkansas shall comply with Arkansas Code 

 Annotated 1987 Section 8-3-101 et seq. 
10-1 

CHAPTER 10: REGULATIONS FOR THE CONTROL OF VOLATILE 

ORGANIC COMPOUNDS IN PULASKI COUNTY 

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 federal Clean Air Act, shall be known as the Regulations for the Control of

Volatile Organic Compounds. 

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 EPA 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. 

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 Chapter 2 of Regulation 19 or, if not defined 

in Chapter 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 Air 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. 
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"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 EPA. 

"Cutback asphalt" means asphalt 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 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 the producing operations, from storage tanks or automatic transfer 

facilities to pipelines or any other forms of transportation. 

"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 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 consisting 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 coatings 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. 
10-3 

"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 mounted so the bottom of the seal covers the liquid 

surface between the tank shell and the floating roof. 

"Low solvent coating" 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 

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 source, 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 any 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 volatile 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 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 111 of the federal Clean Air Act [NSPS, 40 CFR 

Part 60]. 
10-4 

"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. 

“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 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 liquid as 

determined in accordance with methods described in American Petroleum Institute (API) 

Bulletin 2517, 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 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. 
10-5 

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; 

 (b) Any source which is subject to the terms of a Commission order issued 

 pursuant to Reg. 19.1004(D)(1) 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 

provided in Reg. 19.1004(D)(1) and shall go into full force and effect on the 

effective date provided, however, that the provisions of Reg. 19.1004(D)(1) shall 

go into full force and effect on April 1, 1979. The effective date for Reg. 

19.1005(A)(B) and (C) is July 1, 1979, and for Reg. 19.1005(D) and (E) is 

October 1, 1980. The effective date for Reg. 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 Commission 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 requirements of Reg. 19.1005 if 
10-6 

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 existing sources, other than the sources for which the provisions 

of Reg. 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, 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 determines 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 Department shall issue 

an order requiring the installation of such technology. 

(2) Any order issued pursuant to Reg. 19.1004(D)(1) above may require the owner or 

operator of sources affected by such order to file such schedules and reports as the 

Department feels necessary to assure that the subject technology is placed into 

operation as expeditiously as practicable. The terms of such orders may be 

modified where the Department 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: 
10-7 

(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 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 into 

compliance with the provisions of Reg. 19.1005. The compliance 

schedule shall be of such form and contain such information as the 

Department may reasonably require. The applicable date for Reg. 

19.1005(A)(B) and (C) is October 1, 1979. The applicable date for Reg. 

19.1005(D) and (E) is January 1, 1981. The applicable date for Reg. 

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. No compliance schedule for any source 

shall be approved by the Department unless the Department 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 compliance date. Extensions beyond the 

final compliance date may be granted by the Department provided the 

Department 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 Reg. 19.1005(A)(B) and (C) is 

February 1, 1981 and for Reg. 19.1005(D)(E) and (F) is February 1, 1982. 

The final compliance date for Reg. 19.1005(A)(B) and (C) is June 1, 1981, 

for Reg. 19.1005(D) is March 1, 1982, and for Reg. 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 or which violates the terms of a 

Department order issued pursuant to the provisions of Reg. 19.1004(D)(1). 
10-8 

 (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 Department. Application for permit shall be of 

such form and contain such information as the Department 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 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 proposed 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 compliance with all applicable 

emission limitations and standards 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 cause or contribute to emission levels which exceed the 

allowable levels for Pulaski County, as described in the State 
10-9 

Implementation Plan for Air Pollution Control, as amended, if the 

owner or operator of that source first submits legally binding 

agreements to the Department 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 category for which the provisions of Reg. 19.1005 apply unless 

the Department 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, class 

or category for which a Department Order has been issued 

pursuant to Reg. 19.1004(D)(1), unless the Department 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 

emissions therefrom will not exceed the rate required of existing 

sources by such order. 

(F) Testing and Reporting Requirements 
10-10

(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 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 

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 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 Order or a permit 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, 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 Reg. 19.1005(D), 

the following method and procedures should be followed: 

(a) The owner or operator shall, at his or her own expense demonstrate 

compliance with Reg. 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 certification test at 

 least thirty (30) days before the anticipated test date. 
10-11

 (c) Test procedures to determine compliance with Reg. 19.1005(D) 

 must be approved by the Director and consistent with the test procedures 

 described in Appendix A or C of the OAQPS Guideline 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 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. 19.1005(E) procedures outlined in EPA 

guideline series document "Measurement of Volatile Organic Compounds," EPA450/2-78-041 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 450/2-77-008 shall be used. 

(5) To test for compliance with Reg. 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 ) (1/8 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). 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 Reg. 19.1004(G)(1) above include, but are not limited to, the 
10-12

use of gaseous diluents to achieve compliance and the 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) 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 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 nature 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] 

Reg. 19.1005 Provisions for Specific Processes 

(A) Gasoline Storage and Marketing 
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 (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 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 system 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 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 square 

inch [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 60.110, as amended by 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), 

or its equivalent, or 
10-14

 (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 Reg. 191005(B)(1)(b) and (c) 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 Celsius (0C) (59 degrees Fahrenheit [0F]). 

(D) Gasoline Tank Trucks and Vapor Collection Systems 

 (1) No person shall 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 Reg. 19.1004(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 H2O) or evacuated to a gauge pressure of 1,500 

pascals (6 in. of H2O) during the testing required in Reg. 

19.1005(D)(1)(a); 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 

(1)(b) of this chapter. 

 (2) The owner or operator of a vapor collection system subject to this regulation 

 shall: 
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 (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 H2O) and 

vacuum from exceeding 1,500 pascals (6 in. of H2O) 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 Reg. 19.1004(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) above. 

(3) The Director may, at any time, monitor a gasoline tank truck, vapor collection 

system, or vapor control system by the method referenced in Reg. 19.1004(F)(3) 

to confirm continuing compliance with Reg. 19.1005(D)(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/liter (l) 4.3 pounds per gallon [lb/gal]) of coating, excluding water, 

delivered to a coating applicator that applies clear coatings; 

 (b) 0.42 kg/l (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; 
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 (c) 0.42 kg/l (3.5 lb/gal) of coating, excluding water, delivered to a coating 

 applicator that applies extreme performance coatings; 

 (d) 0.36 kg/l (3.0 lb/gal) of coating, excluding water, delivered to a coating 

 applicator for all other coatings and coating application systems; and 

 (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) 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) shall be achieved by: 

 (a) The application of low solvent coating technology; 

(b) An incineration system which oxidizes at least 90.0 percent of the nonmethane VOC measured as 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). 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: 
10-17

 (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 requirements: 

(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 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 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 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 least 90 percent of the area of the 

 opening. 

 (2) The following are specifically exempted from the requirements of this subsection: 
10-18

(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 pour crudes. 

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 Control 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. 
11-1 

CHAPTER 11: 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 Regulation 26 which are hereby incorporated by reference. 
12-1 

CHAPTER 12: [RESERVED] 
13-1 

CHAPTER 13: STAGE I VAPOR RECOVERY 

Reg. 19.1301 Purpose 

The purpose of this chapter is to limit emissions of VOC from gasoline stored in stationary 

dispensing tanks and from gasoline delivered into such tanks. 

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 nonattainment area.

Reg. 19.1303 Definitions 

(A) ACoaxial 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) ADelivery 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) ADual 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) AGasoline@ 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 fuel or liquefied 

petroleum gas (LPG). 
13-2 

(1)

(E) AGasoline dispensing facility@ means any site where gasoline is dispensed to motor 

vehicle gasoline tanks from stationary storage tanks. 

(F) AGasoline service station@ means any gasoline dispensing facility where gasoline is sold 

to the motoring public from stationary storage tanks. 

(G) “Independent small business marketer” means a person engaged in the marketing of 

gasoline unless such person: 

(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 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 refiner or any such 

 person; or 

(2) receives less than 50 percent of his of her 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) ALeak 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) ALine@ means any pipe suitable for transferring gasoline. 
13-3 

(1)

(2)

(J) ANonattainment area@ means a county or counties designated by EPA as not meeting 

the NAAQS for ozone. 

(K) AOperator@ means any person who leases, operates, controls, or supervises a facility at 

which gasoline is dispensed. 

(L) AOwner@ means any person who has legal or equitable title to the gasoline storage tank 

at a facility. 

(M) APoppeted vapor recovery adaptor@ means a vapor recovery adaptor that automatically 

and immediately closes itself when the vapor return line is disconnected and maintains 

a tight seal when the vapor return line is not connected. 

(N) AStationary storage tank@ means a gasoline storage container that is a permanent fixture. 

(O) ASubmerged 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: 

Six inches above the bottom of the tank if the tank does not have a vapor recovery 

adaptor; or 

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) AThroughput@ means the amount of gasoline dispensed at a facility. 

(Q) AVapor 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. 

Reg. 19.1304 Exemptions 

This rule does not apply to: 
13-4 

(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 tanks used exclusively for the fueling of implements of normal farm 

operations. 

(D) Facilities selling less than 10,000 gallons of gasoline per month. 

(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. 

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 working 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 kept closed and securely fastened; and 
13-5 

(1)

(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. 

Reg. 19.1306 Record Keeping 

The following 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. 

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. 

(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. 

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: 

A vapor-tight line from the stationary storage tank to the delivery vessel and: 

(a) For a coaxial vapor recovery system, either a poppeted or unpoppeted 

vapor recovery adaptor; 
13-6 

(2)

(b) For a dual point vapor recovery system, a poppeted vapor recovery 

adaptor; 

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 covered 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 recovery 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 size 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. 

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 H2O) in five minutes when pressurized to a gauge pressure of 4,500 pascals 

(18 in. of H2O) or evacuated to a gauge pressure of 1,500 pascals (6 in. of H2O) during 

testing. 
13-7 

(1)

(2)

(3)

Reg. 19.1310 Owner/Operator Responsibility 

(A) It shall be the responsibility of owners and operators of gasoline dispensing facilities 

and gasoline 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 operators 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. 

Reg. 19.1311 Test Methods 

(A) Test method for leak detection: 

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. 

The probe inlet shall be 2.5 centimeters or less from the potential leak source 

when searching for leaks. 

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. 
13-8 

(1)

(2)

(3)

(B) Control efficiency of vapor recovery systems and vapor collection/processing systems 

shall be determined 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 Method 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. 

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, this rule shall be phased-in as follows: 

33 percent of facilities shall be in compliance at the end of the first year; 

66 percent at the end of the second year; and, 

100 percent at the end of the third year. 
CHAPTER 14: CAIR NOX OZONE SEASON TRADING PROGRAM 

GENERAL PROVISIONS 

Reg. 19.1401 Adoption of Regulations 

40 CFR Part 96, Subparts AAAA-HHHH for the CAIR NOx Ozone Season Trading Program, as 

finalized by the U.S. Environmental Protection Agency (EPA) on May 12, 2005, and further 

revised by EPA on April 28, 2006, with correcting amendments on December 13, 2006, are 

herein incorporated by reference with the exception of Subpart EEEE (CAIR NOx Ozone Season 

Allowance Allocations) and all references to CAIR NOx Ozone Season Opt-in Units, which, 

along with Subpart IIII (CAIR NOx Ozone Season Opt-in Units), are not incorporated. The 

following regulations replace 40 CFR 96 Subpart EEEE. 

Reg. 19.1402 State Trading Budget 

The Arkansas State trading budgets for annual allocations for CAIR NOx Ozone Season 

allowances have been set by EPA as follows: for the control periods of 2009 through 2014, 

11,515 tons per control period; and for the control periods for 2015 and beyond, 9,596 tons per 

control period. The total number of allowances allocated by the State of Arkansas shall not 

exceed these budgets for their respective control periods. 

Reg. 19.1403 Timing Requirements for CAIR NOx Ozone Season Allowance Allocations 

(A) For EGUs allocated allowances under Reg. 19.1404(B) and (C), the Department will 

determine and notify the Administrator of each unit’s allocation of CAIR NOx Ozone 

Season allowances by April 30, 2007, for 2009, 2010, and 2011 and by October 31, 

2008, and October 31 of each year thereafter for the 4th year after the notification 

deadline. 

(B) For EGUs allocated allowances under Reg. 19.1404(D), the Department will determine 

and notify the Administrator of each unit’s allocation of CAIR NOx Ozone Season 

allowances by July 31 of the year for which the CAIR NOx Ozone Season allowances 

are allocated. 

14-1 
Reg. 19.1404 CAIR NOx Ozone Season Allowance Allocations 

(A) The baseline gross electric generation (in MW) used with respect to CAIR NOx Ozone 

Season allowance allocations under Reg. 19.1404(B) for each CAIR NOx Ozone 

Season unit that has operated each calendar year during a period of 5 or more 

consecutive calendar years, the average of the 3 highest amounts of the unit’s control 

period gross electrical output over the 5 years immediately preceding the year in which 

allocations are due to EPA, provided that gross electrical output of a generator served 

by two or more units will be attributed to each unit in proportion to each unit’s share of 

the total control period heat input of such units for the year. For the allocations 

allocated for 2009, 2010, 2011, baseline data will be determined using gross electrical 

output for years 2000 through 2004. 

(B) With regard to the timing requirements contained in Reg. 19.1403, for each control 

period in 2009 and thereafter, the Department will allocate to all CAIR NOx Ozone 

Season units in the State that have baseline gross electric generation (as determined 

under Reg. 19.1404(A)) a total amount of CAIR NOx Ozone Season allowances equal 

to 95 percent for a control period, of the tons of NOx emissions in the State trading 

budget under Reg. 19.1402 (except as provided in Reg. 19.1404(E)). 

(C) The Department will allocate CAIR NOx Ozone Season allowances to each CAIR NOx

Ozone Season unit under Reg. 19.1404(B) in an amount determined by multiplying the 

total amount of CAIR NOx Ozone Season allowances allocated under paragraph (B) of 

this section by the ratio of the baseline gross electric generation of such CAIR NOx

Ozone Season unit to the total amount of baseline gross electric generation of all such 

CAIR NOx Ozone Season units in the State and rounding to the nearest whole 

allowances as appropriate. 

(D) For each control period in 2009 and thereafter, the Department will allocate CAIR NOx

Ozone Season allowances to CAIR NOx Ozone Season units in the State that do not yet 

have a baseline gross electric generation (as determined under Reg. 19.1404(A)), in 

accordance with the following procedures: 

(1) The Department will establish a separate new unit set-aside for each control 

period. Each new unit set-aside will be allocated CAIR NOx Ozone Season 

allowances equal to 5 percent of the amount of tons of NOx emissions in the State 

trading budget under Reg. 19.1402. 

14-2 
(2)

(3)

(4)

The CAIR designated representative of such a CAIR NOx Ozone Season unit may 

submit to the Department a request, in a format specified by the Department, to be 

allocated CAIR NOx Ozone Season allowances, starting with the later of the 

control period in 2009 or the first control period after the control period in which 

the CAIR NOx Ozone Season unit commences commercial operation and until the 

first control period for the which the unit is allocated CAIR NOx Ozone Season 

allowances under Reg. 19.1404(B). The CAIR NOx Ozone Season allowance 

allocation request must be submitted on or before January 1 of the first control 

period for which the CAIR NOx Ozone Season allowances are requested and after 

the date on which the CAIR NOx Ozone Season unit commences commercial 

operation. 

In a CAIR NOx Ozone Season allowance allocation request under 

Reg.19.1404(D)(2), the CAIR designated representative may request for a control 

period CAIR NOx Ozone Season allowances in an amount not exceeding the 

CAIR NOx Ozone Season unit’s total tons of NOx emissions during the control 

period immediately before such control period. 

The Department will review each CAIR NOx Ozone Season allowance allocation 

request under Reg. 19.1404(D)(2) and will allocate CAIR NOx Ozone Season 

allowances for each control period pursuant to such request as follows: 

(a) The Department will accept an allowance allocation request only if the 

request meets, or is adjusted by the Department as necessary to meet, the 

requirements of Reg. 19.1404(D)(2) and (3). 

(b) On or after February 1 of the control period, the Department will 

determine the sum of the CAIR NOx Ozone Season allowances requested 

(as adjusted under Reg. 19.1404(D)(4)(a)) for the control period. 

(c) If the amount of CAIR NOx Ozone Season allowances in the new unit setaside for the control period is greater than or equal to the sum under Reg. 

19.1404 (D)(4)(b), then the Department will allocate the amount of CAIR 

NOx Ozone Season allowances requested (as adjusted under Reg. 19.1404 

(D)(4)(a)) to each CAIR NOx Ozone Season unit covered by Reg. 19.1404 

(D)(4)(a). 

14-3 
(d) If the amount of CAIR NOx Ozone Season allowances in the new unit setaside for the control period is less than the sum under Reg. 19.1404 

(D)(4)(b), then the Department will allocate to each CAIR NOx Ozone 

Season unit covered by an allowance allocation request accepted under 

Reg. 19.1404 (D)(4)(a) the amount of the CAIR NOx Ozone Season 

allowances requested (as adjusted under Reg. 19.1404 (D)(4)(a)), 

multiplied by the amount of CAIR NOx Ozone Season allowances in the 

new unit set-aside for the control period, divided by the sum determined 

under Reg. 19.1404 (D)(4)(b), and rounded to the nearest whole allowance 

as appropriate. 

(e) The Department will notify each CAIR designated representative that 

submitted an allowance allocation request of the amount of CAIR NOx

Ozone Season allowances (if any) allocated for the control period to the 

CAIR NOx Ozone Season unit covered by the request. 

(E) If, after completion of the procedures under Reg. 19.1404(D)(4) for a control period, 

any unallocated CAIR NOx Ozone Season allowances remain in the new unit set-aside 

for the control period, the Department will allocate to each CAIR NOx Ozone Season 

unit that was allocated CAIR NOx Ozone Season allowances under Reg. 19.1404 (B) 

an amount of CAIR NOx Ozone Season allowances equal to the total amount of such 

remaining unallocated CAIR NOx Ozone Season allowances, multiplied by the unit’s 

allocation under Reg. 19.1404(B), divided by 95 percent of the amount of tons of NOx

emissions in the State trading budget under Reg. 19.1402, and rounded to the nearest 

whole allowance as appropriate. 

14-4 
CHAPTER 15: REGIONAL HAZE 

Reg. 19.1501 Purpose 

The purpose of this chapter is to establish regional haze program requirements. 

Reg. 19.1502 Definitions 

For purposes of this chapter only the definitions contained in 40 CFR 51.301 as in effect on June 

22, 2007, are hereby incorporated by reference. 

Reg. 19.1503 BART Eligible Sources 

The following are BART-eligible sources: 

BART Source 

Category Number 

and Name 

Facility Name AFIN Unit ID Unit Description 

Arkansas Electric Coop – Carl E. 

Bailey 

74-00024 SN-01 Boiler 

Arkansas Electric Coop – John L. 

McClelland Generating Station 

52-00055 SN-01 Boiler 

Entergy Arkansas, Inc. – Lake 

Catherine Plant 

30-00011 SN-03 Unit 4 Boiler 

Entergy Arkansas – Ritchie 54-00017 SN-02 Unit 2 

SN-01 Unit 1 Boiler 

SN-02 Unit 2 Boiler 

Entergy Arkansas, Inc. – White 

Bluff 

35-00110 

SN-05 Auxiliary Boiler 

1. Fossil fuel-fired 

Electric Plants > 

250 million British 

thermal units 

(MMbtu)/hour – 

Electric Generating 

Units (EGUs) 

SWEPCO Flint Creek Power 

Plant 

04-00107 SN-01 Boiler 

15-1 
Domtar Industries, Inc. – SN-03 #1 Power Boiler 

Ashdown Mill 

41-00002 

SN-05 #2 Power Boiler 

Delta Natural Kraft and Mid 

America Packaging, LLC. 

35-00017 SN-02 Recovery Boiler 

Evergreen Packaging Inc., Pine 

Bluff Mill 

35-00016 SN-04 #4 Recovery 

Boiler 

Georgia-Pacific Corporation – SN-19 6A Boiler 

Crossett Paper Operations 

02-00013 

SN-22 9A Boiler 

Green Bay Packaging, Inc. – 

Arkansas Kraft Division 

15-00001 SN-05A Recovery Boiler 

3. Kraft Pulp Mills 

Potlatch Forest Products 

Corporation – Cypress Bend Mill 

21-00036 SN-04 Power Boiler 

11. Petroleum 

Refineries 

Lion Oil Company 70-00016 SN-809 #7 Catalyst 

Regenerator 

15. Sulfur Recovery 

Plant 

Albermarle Corporation – South 

Plant 

14-00028 SR-01 Tail Gas 

Incinerator 

19. Sintering Plants Big River Industries 18-00082 SN-01 Kiln A 

Albermarle Corporation – South BH-01 Boiler #1 

Plant 

14-00028 

BH-02 Boiler #2 

FutureFuels Chemical Co. 32-00036 6M01-01 3 Coal Boilers 

70-00040 SN-08 West Nitric Acid 

Plant 

SN-09 East Nitric Acid 

Plant 

21. Chemical 

Processing Plants 

El Dorado Chemical Company 

SN-10 Nitric Acid 

Concentrator 

15-2 
Reg. 19.1504 Facilities Subject-to-BART 

(A) The following sources are subject-to-BART: 

AFIN Facility Name Source # Source Name 

74-00024 Arkansas Electric Cooperative 

Corporation Carl E. Bailey Generating 

Station 

SN-01 Boiler 

52-00055 Arkansas Electric Cooperative 

Corporation John L. McClellan 

Generating Station 

SN-01 Boiler 

41-00002 Domtar Industries, Inc. Ashdown Mill SN-03 #1 Power Boiler 

SN-05 #2 Power Boiler 

30-00011 Entergy Arkansas, Inc. – Lake 

Catherine Plant 

SN-03 Unit 4 Boiler 

SN-01 Unit 1 Boiler 

SN-02 Unit 2 Boiler 

35-00110 Entergy Arkansas, Inc. – White Bluff 

SN-05 Auxiliary Boiler 

04-00107 SWEPCO Flint Creek Power Plant SN-01 Boiler 

(B) Each source subject-to-BART shall install and operate BART as expeditiously as 

practicable, but in no event later than 6 years after the effective date of this regulation 

or 5 years after EPA approval of the Arkansas Regional Haze State Implementation 

Plan, whichever comes first. 

(C) Each source subject-to-BART shall maintain the control equipment required by this 

chapter and establish procedures to ensure such equipment is properly operated and 

maintained. 

Reg. 19.1505 BART Requirements 

(A) On or before the compliance date required under Reg. 19.1504(B), SWEPCO Flint 

Creek Power Plant, SN-01 shall comply with BART by meeting the following 

emission limits: 

15-3 
(1)

(2)

(3)

(1)

(2)

(3)

(1)

(2)

(3)

0.15 pounds of sulfur dioxide (SO2) per million Btu of heat input (0.15 

lb/MMBtu) on a 30-day rolling average; 

0.23 pounds of nitrogen oxides (NOx) per million Btu of heat input (0.23 

lb/MMBtu) on a 30-day rolling average; and 

The existing particulate matter emission limit satisfies the BART particulate

matter requirement. 

(B) On or before the compliance date required under Reg. 19.1504(B), Arkansas Electric 

Cooperative Corporation Carl E. Bailey Generating Station, SN-01 shall comply with 

BART by burning fuel oil that has a 1% or less sulfur content by weight. 

(C) On or before the compliance date required under Reg. 19.1504(B), Arkansas Electric 

Cooperative Corporation John L. McClellan Generating Station, SN-01 shall comply 

with BART by burning fuel oil that has a 1% or less sulfur content by weight. 

(D) On or before the compliance date required under Reg. 19.1504(B), Domtar Industries 

Inc. – Ashdown Mill, #1 Power Boiler, SN-03 shall comply with BART by meeting the 

following emission limits: 

1.12 pounds of SO2 per million Btu of heat input (1.12 lb/MMBtu) on a 30-day 

rolling average; 

0.46 pounds of NOx per million Btu of heat input (0.46 lb/MMBtu) on a 30-day 

rolling average; and 

0.07 pounds of PM10 per million Btu of heat input (0.07 lb/MMBtu) on a 30-day 

rolling average. 

(E) On or before the compliance date required under Reg. 19.1504(B), Domtar Industries 

Inc. – Ashdown Mill, #2 Power Boiler, SN-05 shall comply with BART by meeting the 

following emission limits: 

1.20 pounds of SO2 per million Btu of heat input (1.20 lb/MMBtu) on a 30-day 

rolling average; 

0.450 pounds of NOx per million Btu of heat input (0.450lb/MMBtu) on a 30-day 

rolling average; and 

0.10 pounds of PM10 per million Btu of heat input (0.10 lb/MMBtu) on a 30-day 

rolling average. 

(F) On or before the compliance date required under Reg. 19.1504(B), Entergy Arkansas, 

Inc. – White Bluff, Unit 1 Boiler, SN-01 shall comply with BART by meeting the 

following emission limits when burning bituminous coal: 

15-4 
(1)

(2)

(3)

(1)

(2)

(3)

(1)

(2)

(3)

(1)

0.15 pounds of SO2 per million Btu of heat input (0.15 lb/MMBtu) on a 30-day 

rolling average; 

0.28 pounds of NOx per million Btu of heat input (0.28 lb/MMBtu) on a 30-day 

rolling average; and 

The existing particulate matter emission limit as of October 15, 2007, satisfies the 

BART particulate matter requirement. 

(G) On or before the compliance date required under Reg. 19.1504(B), Entergy Arkansas, 

Inc. – White Bluff, Unit 1 Boiler, SN-01 shall comply with BART by meeting the 

following emission limits when burning sub-bituminous coal: 

0.15 pounds of SO2 per million Btu of heat input (0.15 lb/MMBtu) on a 30-day 

rolling average; 

0.15 pounds of NOx per million Btu of heat input (0.15 lb/MMBtu) on a 30-day 

rolling average; and 

The existing particulate matter emission limit as of October 15, 2007, satisfies the 

BART particulate matter requirements. 

(H) When burning a mix of bituminous coal and sub-bituminous coal in the Unit 1 Boiler 

at Entergy Arkansas, Inc. – White Bluff the NOx BART limits shall be prorated using 

the percentage of each of coal being burned. 

(I) On or before the compliance date required under Reg. 19.1504(B), Entergy Arkansas, 

Inc. – White Bluff, Unit 2 Boiler, SN-02 shall comply with BART by meeting the 

following emission limits when burning bituminous coal: 

0.15 pounds of SO2 per million Btu of heat input (0.15 lb/MMBtu) on a 30-day 

rolling average; 

0.28 pounds of NOx per million Btu of heat input (0.28 lb/MMBtu) on a 30-day 

rolling average; and 

The existing particulate matter emission limit as of October 15, 2007, satisfies the 

BART particulate matter requirements. 

(J) On or before the compliance date required under Reg. 19.1504(B), Entergy Arkansas, 

Inc. – White Bluff, Unit 2 Boiler, SN-02 shall comply with BART by meeting the 

following emission limits when burning sub-bituminous coal: 

0.15 pounds of SO2 per million Btu of heat input (0.15 lb/MMBtu) on a 30-day 

rolling average; 

15-5 
(2)

(3)

(1)

(2)

(1)

(2)

(3)

0.15 pounds of NOx per million Btu of heat input (0.15 lb/MMBtu) on a 30-day 

rolling average; and 

The existing particulate matter emission limit as of October 15, 2007, satisfies the 

BART particulate matter requirements. 

(K) When burning a mix of bituminous coal and sub-bituminous coal in the Unit 2 Boiler 

at Entergy Arkansas, Inc. – White Bluff the NOx BART limits shall be prorated using 

the percentage of each of coal being burned. 

(L) On or before the compliance date required under Reg. 19.1504(B), Entergy Arkansas, 

Inc. – White Bluff, auxiliary boiler, SN-05 shall comply with BART by restricting 

operation to not more than 4360 hours annually. 

(M) On or before the compliance date required under Reg. 19.1504(B), Entergy Arkansas, 

Inc. – Lake Catherine Plant, Unit 4 Boiler, SN-03 shall comply with BART by meeting 

the following emission limits when burning natural gas: 

0.15 pounds of NOx per million Btu of heat input (0.15 lb/MMBtu) on a 30 day 

rolling average; and 

The existing particulate matter emission limit as of October 15, 2007, satisfies the 

BART particulate matter requirements. 

(N) On or before the compliance date required under Reg. 19.1504(B), Entergy Arkansas, 

Inc. – Lake Catherine Plant, Unit 4 Boiler, SN-03 shall comply with BART by meeting 

the following emission limits when burning oil: 

0.562 pounds of SO2 per million Btu of heat input (0.562 lb/MMBtu) on a 30 day 

rolling average; 

0.25 pounds of NOx per million Btu of heat input (0.25 lb/MMBtu) on a 30 day 

rolling average; and 

0.037 pounds of PM2.5 per million Btu of heat input (0.037 lb/MMBtu) on a 30 

day rolling average. 

Reg. 19.1506 Compliance Provisions 

Each facility listed in Reg. 19.1504(A) as being subject to BART shall demonstrate compliance 

with the BART limits listed in 19.1505 in accordance with the provisions of Chapter 7 of this 

regulation. 

15-6 
Reg. 19.1507 Permit Reopening 

The Part 70 permit of each facility subject-to-BART shall be subject to re-opening in accordance 

with section 26.1011(A) of Arkansas Pollution Control and Ecology Commission Regulation 26. 

15-7 
CHAPTER 16: EFFECTIVE DATE 

Reg. 19.1601 Effective Date 

This regulation is effective ten (10) days after filing with the Secretary of State, the State Library 

and the Bureau of Legislative Research. 

16-1 
ARKANSAS POLLUTION CONTROL 

AND ECOLOGY COMMISSION 

REGULATION NO. 19 

APPENDIX A 

Insignificant Activities List 
APPENDIX A: INSIGNIFICANT ACTIVITIES LIST 

The following types of activities or emissions are deemed insignificant on the basis of size, 

emission rate, production rate, or activity. Certain of these listed activities include qualifying 

statements intended to exclude many similar activities. By such listing, the Department exempts 

certain sources or types of sources from the requirements to obtain a permit or plan under this 

regulation. Listing in this part has no effect on any other law to which the activity may be 

subject. Any activity for which a state or federal applicable requirement applies (such as NSPS, 

National Emission Standards for Hazardous Air Pollutants [NESHAP], or Maximum Achievable 

Control Technology [MACT]) is not insignificant, even if this activity meets the criteria below. 

Group A 

The following emission units, operations, or activities must either be listed as insignificant or 

included in the permit application as sources to be permitted. The listing of insignificant sources 

does not necessarily mean that the emissions from these sources must be quantified. 

1. Fuel burning equipment with a design rate less than 10 MMBtu per hour, provided 

 that the aggregate pollutant specific emissions from all such units listed as insignificant 

 do not exceed 5 tons per year (tpy) of any combination of HAPs and 10 tpy of any other 

 pollutant. 

2. Storage tanks less than or equal to 250 gallons storing organic liquids having a true vapor 

 pressure less than or equal to 3.5 psia, provided that the aggregate pollutant specific 

 emissions from all such liquid storage tanks listed as insignificant do not exceed 5 tpy of 

 any combination of HAPs and 10 tpy of any other pollutant. 

3. Storage tanks less than or equal to 10,000 gallons storing organic liquids having a true 

 vapor pressure less than or equal to 0.5 psia, provided that the aggregate pollutant 

 specific emissions from all such liquid storage tanks listed as insignificant do not exceed 

 5 tpy of any combination of HAPs and 10 tpy of any other pollutant. 

4. Caustic storage tanks that contain no VOCs. 

5. Emissions from laboratory equipment/vents used exclusively for routine chemical or 

 physical analysis for quality control or environmental monitoring purposes provided that 

 the aggregate pollutant specific emissions from all such equipment/vents considered 

A-1
 insignificant do not exceed 5 tpy of any combination of HAPs and 10 tpy of any other 

 pollutant. 

6. Non-commercial water washing operations of empty drums less than or equal to 55 

 gallons with less than three percent of the maximum container volume of material. 

7. Welding or cutting equipment related to manufacturing activities that do not result in 

 aggregate emissions of HAPs in excess of 0.1 tpy. 

8. Containers of less than or equal to 5 gallons in capacity that do not emit any detectable 

VOCs or HAPs when closed. This includes filling, blending, or mixing of the contents of 

 such containers by a retailer. 

9. Equipment used for surface coating, painting, dipping, or spraying operations, provided 

 the material used contains no more than 0.4 lb/gal VOCs, no hexavalent chromium, and 

 no more than 0.1 tpy of all other HAPs. 

10. Non-production equipment approved by the Department, used for waste treatability 

 studies or other pollution prevention programs provided that the emissions are less than 

 10 tpy of any pollutant regulated under this regulation or less than 2 tpy of a single HAP 

 or 5 tpy of any combination of HAPs.1

11. Operation of groundwater remediation wells, including emissions from the pumps and 

 collection activities provided that the emissions are less than 10 tpy of any pollutant 

 regulated under this regulation or less than 2 tpy of a single HAP or 5 tpy of any 

 combination of HAPs. This does not include emissions from air-stripping or storage. 

12. Emergency use generators, boilers, or other fuel burning equipment that is of equal or 

 smaller capacity than the primary operating unit, cannot be used in conjunction with the 

 primary operating unit, and does not emit or have the potential to emit regulated air 

 pollutants in excess of the primary operating unit and not operated more than 90 days a 

 year. This does not apply to generators which provide electricity to the distribution grid. 

13. Other activities for which the facility demonstrates that no enforceable permit conditions 

 are necessary to insure compliance with any applicable law or regulation provided that 

 

1

 The treatability study or pollution prevention program must be approved separately. The activity creating the 

emissions must also be determined to be insignificant as discussed in the introduction to this group. 

A-2
 the emissions are less than 5 tpy of any pollutant regulated under this regulation or less 

 than 1 tpy of a single HAP or 2.5 tpy of any combination of HAPs. These emission limits 

 apply to the sum of all activities listed under this group. 

Group B 

The following emission units, operations, or activities need not be included in a permit 

application:

1. Combustion emissions from propulsion of mobile sources and emissions from refueling 

these sources unless regulated by Title II and required to obtain a permit under Title V of 

 the federal Clean Air Act, as amended. This does not include emissions from any 

 transportable units, such as temporary compressors or boilers. This does not include 

 emissions from loading racks or fueling operations covered under any applicable federal 

 requirements. 

2. Air conditioning and heating units used for comfort that do not have applicable 

 requirements under Title VI of the Act. 

3. Ventilating units used for human comfort that do not exhaust air pollutants into the 

 ambient air from any manufacturing/industrial or commercial process. 

4. Non-commercial food preparation or food preparation at restaurants, cafeterias, or 

 caterers, etc. 

5. Consumer use of office equipment and products, not including commercial printers or 

 business primarily involved in photographic reproduction. 

6. Janitorial services and consumer use of janitorial products. 

7. Internal combustion engines used for landscaping purposes. 

8. Laundry activities, except for dry-cleaning and steam boilers. 

9. Bathroom/toilet emissions. 

10. Emergency (backup) electrical generators at residential locations. 

11. Tobacco smoking rooms and areas. 

A-3
12. Blacksmith forges. 

13. Maintenance of grounds or buildings, including: lawn care, weed control, pest control, 

 and water washing activities. 

14. Repair, up-keep, maintenance, or construction activities not related to the source’s 

 primary business activity, and not otherwise triggering a permit modification. This may 

 include, but is not limited to such activities as general repairs, cleaning, painting, 

 welding, woodworking, plumbing, re-tarring roofs, installing insulation, paved/paving 

 parking lots, miscellaneous solvent use, application of refractory, or insulation, brazing, 

 soldering, the use of adhesives, grinding, and cutting.2

15. Surface-coating equipment during miscellaneous maintenance and construction activities. 

 This activity specifically does not include any facility whose primary business activity is 

 surface-coating or includes surface-coating or products. 

16. Portable electrical generators that can be “moved by hand” from one location to another.3

17. Hand-held equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning, 

 or machining wood, metal, or plastic. 

18. Brazing or soldering equipment related to manufacturing activities that do not result in 

 emission of HAPs.4

19. Air compressors and pneumatically operated equipment, including hand tools. 

20. Batteries and battery charging stations, except at battery manufacturing plants. 

 

2

 Cleaning and painting activities qualify if they are not subject to VOC or HAP control requirements. Asphalt 

batch plant owners/operators must get a permit. 

3

 "Moved by hand" means that it can be moved by one person without assistance of any motorized or non-motorized 

vehicle, conveyance, or device. 

4

 Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and construction activities 

that emit HAP metals are more appropriate for treatment as insignificant activities based on size or production 

thresholds. Brazing, soldering, and welding equipment, and cutting torches related directly to plant maintenance and 

upkeep and repair or maintenance shop activities that emit HAP metals are treated as trivial and listed separately in 

this appendix. 

A-4
21. Storage tanks, vessels, and containers holding or storing liquid substances that do not 

 contain any VOCs or HAPs.5

22. Storage tanks, reservoirs, and pumping and handling equipment of any size containing 

 soaps, vegetable oil, grease, animal fat, and no volatile aqueous salt solutions, provided 

 appropriate lids and covers are used and appropriate odor control is achieved. 

23. Equipment used to mix and package soaps, vegetable oil, grease, animal fat, and non-

 volatile aqueous salt solutions, provided appropriate lids and covers are used and 

 appropriate odor control is achieved. 

24. Drop hammers or presses for forging or metalworking. 

25. Equipment used exclusively to slaughter animals, but not including other equipment at 

 slaughter-houses, such as rendering cookers, boilers, heating plants, incinerators, and 

electrical power generating equipment. 

26. Vents from continuous emissions monitors and other analyzers. 

27. Natural gas pressure regulator vents, excluding venting at oil and gas production 

 facilities. 

28. Hand-held applicator equipment for hot melt adhesives with no VOCs in the adhesive. 

29. Lasers used only on metals and other materials which do not emit HAPs in the process. 

30. Consumer use of paper trimmers/binders. 

31. Electric or steam-heated drying ovens and autoclaves, but not the emissions from the 

 articles or substances being processed in the ovens or autoclaves or the boilers delivering 

 the steam. 

32. Salt baths using non-volatile salts that do not result in emissions of any air pollutant 

 covered by this regulation. 

33. Laser trimmers using dust collection to prevent fugitive emissions. 

 

5

 Exemptions for storage tanks containing petroleum liquids or other volatile organic liquids are based on size and 

limits including storage tank capacity and vapor pressure of liquids stored and are not appropriate for this list. 

A-5
34. Bench-scale laboratory equipment used for physical or chemical analysis not including 

 lab fume hoods or vents. 

35. Routine calibration and maintenance of laboratory equipment or other analytical 

 instruments. 

36. Equipment used for quality control/assurance or inspection purposes, including sampling

 equipment used to withdraw materials for analysis. 

37. Hydraulic and hydrostatic testing equipment. 

38. Environmental chambers not using hazardous air pollutant gases. 

39. Shock chambers, humidity chambers, and solar simulators. 

40. Fugitive emissions related to movement of passenger vehicles, provided the emissions are 

 not counted for applicability purposes and any required fugitive dust control plan or its 

 equivalent is submitted. 

41. Process water filtration systems and demineralizers. 

42. Demineralized water tanks and demineralizer vents. 

43. Boiler water treatment operations, not including cooling towers. 

44. Emissions from storage or use of water treatment chemicals, except for hazardous air 

pollutants or pollutants listed under regulations promulgated pursuant to Section 112(r) of 

the Act as of July 1, 1997, for use in cooling towers, drinking water systems, and boiler 

water/feed systems. 

45. Oxygen scavenging (de-aeration) of water. 

46. Ozone generators. 

47. Fire suppression systems. 

48. Emergency road flares. 

49. Steam vents and safety relief valves. 

50. Steam leaks. 

A-6
51. Steam cleaning operations. 

52. Steam and microwave sterilizers. 

53. Site assessment work to characterize waste disposal or remediation sites. 

54. Miscellaneous additions or upgrades of instrumentation. 

55. Emissions from combustion controllers or combustion shutoff devices but not 

 combustion units itself. 

56. Use of products for the purpose of maintaining motor vehicles operated by the facility, 

not including air cleaning units of such vehicles (i.e. antifreeze, fuel additives). 

57. Stacks or vents to prevent escape of sanitary sewer gases through the plumbing traps. 

58. Emissions from equipment lubricating systems (i.e. oil mist), not including storage tanks, 

 unless otherwise exempt. 

59. Residential wood heaters, cookstoves, or fireplaces. 

60. Barbecue equipment or outdoor fireplaces used in connection with any residence or 

 recreation. 

61. Log wetting areas and log flumes. 

62. Periodic use of pressurized air for cleanup. 

63. Solid waste dumpsters. 

64. Emissions of wet lime from lime mud tanks, lime mud washers, lime mud piles, lime 

 mud filter and filtrate tanks, and lime mud slurry tanks. 

65. Natural gas odoring activities unless the Department determines that emissions constitute 

 air pollution. 

66. Emissions from engine crankcase vents. 

67. Storage tanks used for the temporary containment of materials resulting from an 

 emergency reporting to an unanticipated release. 

A-7
68. Equipment used exclusively to mill or grind coatings in roll grinding rebuilding, and 

 molding compounds where all materials charged are in paste form. 

69. Mixers, blenders, roll mills, or calendars for rubber or plastic for which no materials in 

powder form are added and in which no hazardous air pollutants, organic solvents, 

diluents, or thinners are used or emitted. 

70. The storage, handling, and handling equipment for bark and wood residues not subject to 

 fugitive dispersion offsite (this applies to the equipment only). 

71. Maintenance dredging of pulp and paper mill surface impoundments and ditches

 containing cellulosic and cellulosic derived biosolids and inorganic materials such as 

 lime, ash, or sand. 

72. Tall oil soap storage, skimming, and loading. 

73. Water heaters used strictly for domestic (non-process) purposes. 

74. Facility roads and parking areas, unless necessary to control offsite fugitive emissions. 

75. Agricultural operations, including onsite grain storage, not including internal combustion 

engines or grain elevators. 

76. The following natural gas and oil exploration production site equipment: separators, 

dehydration units, natural gas fired compressors, and pumping units. This does not 

 include compressors located on natural gas transmission pipelines. 

A-8
ARKANSAS REmSTER

Tratrsmitfar Sheet oj : - ,

'~',Lt~~i :, , ,","\ \

Charl iesD>.ahiels

Secr~Q..f.§tate... .,,,-----

State Capitol Room 026

Little Rock, Arkansas 72201-1094

(501) 682-3527

For Office

Use Only:

Effective Date Code Number

N f A Arkansas Department of Environmental Quality

arne 0 gency

Department Arkansas Pollution Control & Ecology Commission

Bates@adeq.state.ar.us

Phone (501) 682-0750 Contact Mike Bates E-mail

Statutory Authority for Promulgating Rules A. C. A. § 8-1-203(b)(1).

Regulation No. 19, Regulations of the AR Plan of Implementation for Air Pollution Control; Docket No 08-008-R; Minute Order No. 08-38.

Rule Title:

Intended Effective Date Date

0 Emergency Legal Notice Published ................................. 07/02/08

[2] 10 Days After Filing Final Date for Public Comment .................... 08/18/08

o Other Reviewed by Legislative Council ................... 11/06/08

Adopted by StateAgency ............................. 12/05/08

o Electronic Copy of Rule Provided on disk or CD (per Acl1478 of 2003)

o Electronic Copy of Rule e-mailed from:

Contact Person Email Address Date

CERTIFICATION OF AUTHORIZED OFFICER

I Hereby Certify That The Attached Rules Were Adopted

In comPlian1~th Act 434 of 1967 As Amended.

~A4s2:,~ (501) 682-7890 omalley@adeq.state.ar.us

Phone Number E-mail Address

Administrative Hearing Officer

ntle

01/15/09

Date

Rev. 04
RECEIVED

ARKANSAS POLLUTION CONTROL & ECOLOGY COMMISSION

101 EAST CAPITOL

SUITE 205

LITTLE ROCK, ARKANSAS 72201

PHONE: (501) 682-7890

FAX: (501) 682-7891

JAN 1 52009

January 15, 2009 BUREAU OF

LEGISLATIVE RESEARCH

Ms. Donna Davis

Administrative Rules and Regulations Committee

Room 433, State Capitol Building

Little Rock, Arkansas 72201

RE: Regulation No. 19, Regulations of the Arkansas Plan of

Implementation for Air Pollution Control; Docket No. 08-

008-R - FINAL FILING.

Dear Ms. Davis:

I am enclosing the following for filing with your office:

1.

2.

3.

Two (2) hard copies of the amendment to Regulation No.

19, Regulations of the Arkansas Plan of Implementation

for Air Pollution Control.

Two (2) copies of Commission Minute Order No. 08-38

Two (2) copies of the Financial Impact Statement.

Please provide written confirmation of your receipt of these

materials by file-marking the enclosed copy of this letter and

returning it to me.

Thank you for your assistance in this matter.

Respectfully,

':::::f:!~:~ Administrative Hearing Officer

Enclosures
ARKANSAS STATE LIBRARY

Agency Certification Form

For Depositing Final Rules and Regulations

At the Arkansas State Library

Documents Services - Arkansas State Library

One Capitol Mall- Little Rock, AR 72201-1094

501-682-2326 Phone; 501-682-1532 FAX .r

For Office Use Only

Effective Date: Classification Number:

Name of Agency: Arkansas Department of Environmental Quality

Contact Person: Mike Bates Telephone: (501) 682-0750

Statutory Authority for Promulgating Rules: A. C. A. § 8-1-203(b)(1).

Title of Rule: Regulation No. 19, Regulations of the AR Plan ofImplementation for Air Pollution

Control; Docket No 08-008-R; Minute Order No. 08-38.

Rule Status Effective Date Status Effective Date

o New RulelRegulation o Emergency

IZI Amended RulelRegulation [8J 10 Days after filing

January 25,2009

o Repealed RulelRegulation o Other

D Order o Repealed

D Emergency RulelRegulation Adopted by State Agency

D Rule above is proposed and will be replaced by final version

IZI Financial and/or Fiscal Impact Statement Attached

Certification of Authorized Officer

I hereby certify that the attached ru1iJlere adopted in compliance with Act 434 of 1967 as amended.

Signature: ()(~ Date: January 15, 2009

Title: Administrative Hearini! Officer U

1/14/99
ARKANSAS POLLUTION CONTROL

AND ECOLOGY COMlVlISSION

MINUTE ORDERNO. 08 -'~

SUBJECT Adoption of

Revisions to Regulation 19,

Regulations ofthe Arkansas

Plan of Implementation for

Air Pollution Control

DOCKET NO. 08-008-R

PAGE 10Fl

Pursuant to public notice and hearing, and in consideration

of comments received, the Arkansas Pollution Control and

Ecology Commission hereby adopts changes to Regulation

No. 19, Regulations ofthe Arkansas Plan ofImplementation

for Air Pollution Control.

PROMULGATED TIllS 5th DAY OF DECEMBER, 2008, BY ORDER OF THE

ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION.

ATTEST:

BY:W~ &~ ___,-_-!W-'-'i""'llbiliamI>U.lo-Th ............ ompson,£hainnani.----------

~~~,Eirector .-.-- .._

APPROVED: -T:7---:--------

CO:MMIS~RS

__---:~:=.....;;:~ __ L. Bengal

fU

'S. Henderson

_~L. D. Hendrix

~C.McGrew

__---"..,~~_:.J~ D. Samples

Z~ T. Schueck

l t.i T'? J. Shannon.

__---::~--_ L. Sickel

Mi_, J. Simpson ---I,

_______ W. Thompson

E. Valdez

====-~-,~...---.---c::- B. White

---ff~--'-"'''---- R. Young

SUBMITTED BY: Mike Bates PASSED: 12/05/08

Chairman
Page 1 of 2 

AFFIDAVIT

Before me, the undersigned authority, personally appeared Mike Bates, who, being by 

me duly sworn, deposed as follows: 

My name is Mike Bates, I am of sound mind, capable of making this affidavit, and 

personally acquainted with the facts herein stated: 

I am the Division Chief for the Air Division of the Arkansas Department of 

Environmental Quality (hereinafter ADEQ) in its regular course of business, and I am 

familiar with the practice of notifying the Regional Office of the United States 

Environmental Protection Agency (hereinafter EPA). 

I certify that notice of changes to Regulation Number 19 were sent to the EPA Region 6 

office shortly after rulemaking was initiated via first class mail to 

Office of Public Awareness 

EPA Region 6 

1445 Ross Ave. 

Dallas, TX 75202-2133. 

A notice was not sent to a local pollution control agency because there is not one in 

existence. Included in the notice to EPA was hearing date, time and location; the closing 

date for public comments; and information on how to comment, either at the hearing or in 

writing before or after the hearing up to the time of the comment deadline. In addition, all 

regulation change notices are posted on the ADEQ portion of the website and stay in the 

yearly web archives. Further, a copy of the notice was posted on the draft regulations 

page of the web site along with other documents pertaining to the rulemaking process, 

such as the marked-up regulation, petition for initiation, etc. Eventually, these individual 

docket pages were archived after the proposed rulemaking was adopted by the 
Page 2 of2

Arkansas Pollution Control and Ecology Commission in a final vote.

I attest to the fact that the public notice and participation steps described in Tab H ofthe

State Implementation Plan were in fact completed.

Affiant

SWORN AND SUBSCRIBED before me on the 13th day ofJuly, 2010

-7A1't/vt<~~ ~~ Notary Public, State of Arkansas frCt i1 C /'/1~. :3;n/Yi

Notary's printed name

FRANCINE SMITH

PULASKI COUNlY

NOTARY PUBliC· ARKA.NSAS

My Commission e.pires February 04, 2019

Commission No. 12369502
Regulation No. 19

ADEQ REGULATIONS TRACKING SHEET

Common Name: Regulations of the Arkansas Plan of

Implementation for Air Pollution Control

1. 5lrawman review of draft regulations by key groups.

Initiated Completed

EPA February 2008 May 2008

ADEQ Legal/Admin. February 2008 May 2008

Industrial! February 2008 May 2008

Environmental Groups

Incorporated

N/A

October 2008

October 2008

Comments: EPA did not submit comments on this rulemakinq.

2. Proposed regulations presentation to Commission's Regulations Committee for

approval to proceed to public comment period.

Date: June 27, 2008 By: Mike Bates

Comments/Approval: Committee recommended adoption of Petition to Initiate

Rulemaking.

3. Legal notice of proposed regulations and public hearing.

Publication

Arkansas Democrat-Gazette

Dates of Publication

July 2 and July 3, 2006

4. Provide Legislative Council with three copies of proposed regulations and the legislative

questionnaire at least ten days prior to the first public hearing.

5. Hold public hearing(s) on the proposed regulations.

Location

ADEQ Commission Room August4,2008

Hearing Chairman

Lawrence Bengal

6. Date of final day of public comment period: August 18, 2006

7. Final proposed regulation and response to comments prepared by Department.

Date Initiated: August 18, 2006 Date Completed: October 24, 2008

EXHIBIT 0
8. Formal presentation to the Public Health & Welfare Committee of the Legislative

Council.

Date: November 10. 2008, 1:30 pm, Room 130

CommentS/Approva': Approved by Committee

By: Karen Bassett and Mike Bates

9. Formal presentation of proposed final regulation to the Administrative Rules &

Regulations Subcommittee of the Legislative Council (All Regs).

Date: November 6. 2008, 1:30 pm, Room 151

Comments/Approval: Approved by Committee

By: Teresa Marks and Mike Bates

10. Presentation of proposed final regulation to Commission's Regulations Committee.

Date: December 5, 2008 By: Mike Bates

CommentS/Approval: Committee recommended adoption of final rulemaking.

11. Provide Commission members with copy of proposed final regulation prior to Commission

meeting.

Date Delivered: November 21, 2008

12. Present proposed final regulation to the Commission for adoption.

Date: December 5, 2008 By: Mike Bates

Comments/Approval: Commission approved adoption of final rulemaking.

13. Send two copies of adopted regulation 10 Secretary of State (regulation becomes

effective ten days after filing).

Date Mailed: Upon final promulgation of Regulation

14. Formally submit adopted regUlation to EPA.

Date Mailed: Upon final promulgation of Regulation

PREPARED BY:

ARKANSAS DEPARTMENT

OF ENVIRONMENTAL QUALITY

Mike

kk~ Bates

2 EXHIBIT D
ARKANSAS REmSTER

Tratrsmitfar Sheet oj : - ,

'~',Lt~~i :, , ,","\ \

Charl iesD>.ahiels

Secr~Q..f.§tate... .,,,-----

State Capitol Room 026

Little Rock, Arkansas 72201-1094

(501) 682-3527

For Office

Use Only:

Effective Date Code Number

N f A Arkansas Department of Environmental Quality

arne 0 gency

Department Arkansas Pollution Control & Ecology Commission

Bates@adeq.state.ar.us

Phone (501) 682-0750 Contact Mike Bates E-mail

Statutory Authority for Promulgating Rules A. C. A. § 8-1-203(b)(1).

Regulation No. 19, Regulations of the AR Plan of Implementation for Air Pollution Control; Docket No 08-008-R; Minute Order No. 08-38.

Rule Title:

Intended Effective Date Date

0 Emergency Legal Notice Published ................................. 07/02/08

[2] 10 Days After Filing Final Date for Public Comment .................... 08/18/08

o Other Reviewed by Legislative Council ................... 11/06/08

Adopted by StateAgency ............................. 12/05/08

o Electronic Copy of Rule Provided on disk or CD (per Acl1478 of 2003)

o Electronic Copy of Rule e-mailed from:

Contact Person Email Address Date

CERTIFICATION OF AUTHORIZED OFFICER

I Hereby Certify That The Attached Rules Were Adopted

In comPlian1~th Act 434 of 1967 As Amended.

~A4s2:,~ (501) 682-7890 omalley@adeq.state.ar.us

Phone Number E-mail Address

Administrative Hearing Officer

ntle

01/15/09

Date

Rev. 04
ARKANSAS STATE LIBRARY

Agency Certification Form

For Depositing Final Rules and Regulations

At the Arkansas State Library

Documents Services - Arkansas State Library

One Capitol Mall- Little Rock, AR 72201-1094

501-682-2326 Phone; 501-682-1532 FAX .r

For Office Use Only

Effective Date: Classification Number:

Name of Agency: Arkansas Department of Environmental Quality

Contact Person: Mike Bates Telephone: (501) 682-0750

Statutory Authority for Promulgating Rules: A. C. A. § 8-1-203(b)(1).

Title of Rule: Regulation No. 19, Regulations of the AR Plan ofImplementation for Air Pollution

Control; Docket No 08-008-R; Minute Order No. 08-38.

Rule Status Effective Date Status Effective Date

o New RulelRegulation o Emergency

IZI Amended RulelRegulation [8J 10 Days after filing

January 25,2009

o Repealed RulelRegulation o Other

D Order o Repealed

D Emergency RulelRegulation Adopted by State Agency

D Rule above is proposed and will be replaced by final version

IZI Financial and/or Fiscal Impact Statement Attached

Certification of Authorized Officer

I hereby certify that the attached ru1iJlere adopted in compliance with Act 434 of 1967 as amended.

Signature: ()(~ Date: January 15, 2009

Title: Administrative Hearini! Officer U

1/14/99
 NOTICE OF THREE PUBLIC HEARINGS

 The Arkansas Pollution Control and Ecology Commission will hold three separate public 

hearings at North Little Rock August 4, 2008, to receive comments on proposed revisions to 

Commission air quality regulations. The event will begin at 2:00 p.m. in the Commission Room 

at the Arkansas Department of Environmental Quality (ADEQ) headquarters building, 5301 

Northshore Drive. The deadline for submitting written comments on all three regulations is 

August 18, 2008. 

 Proposed changes to Commission Regulations 18 (Arkansas Air Code), 19 (State 

Implementation Plan [SIP] for Air Pollution Control), and 26 (Arkansas Operating Air Permit 

Program) will be the topics of the August 4 hearings, with the Regulation 18 hearing starting at 

2:00 p.m., followed by the Regulation 19 hearing immediately after comments on Regulation 18 

have been completed. The Regulation 26 hearing will begin immediately after comments on 

Regulation 19 end. 

 Commission authority to revise Regulations 18, 19, and 26 is found in Arkansas Code 

Annotated (A.C.A.) Section 8-4-301, et seq. 

 Proposed changes to Regulation No. 18 involve: 

• Additions to the Definitions section, including a new definition of “EPA” and Title I 

modifications. 

• Creation of a new Chapter 15 for language specifying the effective date of the regulation. 

• Updating Reg. 18.301 to change the emissions permitting thresholds for carbon 

monoxide, nitrogen oxides, sulfur dioxide, volatile organic compounds, the two 

classifications of particulates, single hazardous air pollutants, and combinations of 

hazardous air pollutants; adding charcoal plants to the list of facilities required to obtain 

an air permit regardless of emission levels; and adding the following source types to the 

list of facilities not required to have an air permit: Stationary reciprocating internal 

combustion engines for non-part 70 sources (minor sources), hospital ethylene oxide 

sterilizers, gasoline dispensing facilities, stationary compression ignition internal 

combustion engines with a displacement of less than 30 liters per cylinder, and stationary 

spark ignition internal combustion engines. 

• Replacing existing language in Reg. 18.307 referring to disclosure statements with new 

language referencing Commission Regulation 8 (administrative procedures) containing 

applicable language. 

• Clarification of Reg. 18.307 to specify that public notice requirements do not apply in 

cases of ownership or name changes. 

• Modifying and adding De Minimis levels in Reg. 18.307 to specify the levels at which 

proposed modifications would be considered trivial for the pollutants carbon monoxide, 

nitrogen dioxide, sulfur dioxide, and volatile organic compounds, and establishing such 

levels for the two classifications of particulate matter. 

• Addition of Reg. 18.312 (Operational Flexibility--Applicant’s duty to apply for 

alternative scenarios); Reg. 18.313 (Changes resulting in no emissions increases); Reg. 

18.314 (Permit Flexibility); and Reg. 18.315 (Registration). 

• Changes to Appendix A, Insignificant Activities List: Under Group A, Item 12, the 

addition of exemptions for generators that provide electricity to the distribution grid; and 

under Group B, Item 69, the addition of hazardous air pollutants to the list of substances 
that cannot be used or emitted from mixers, blenders, roll mills, or calendars for rubber 

or plastic for which no materials in powder form are added. 

• Correction of typographical errors and changes in format or style to conform to the 

Commission’s standardized regulations format, correct internal inconsistencies, and 

update the regulation to conform to state law. 

Proposed changes to Regulation 19 include: 

• Adding a new definition for Title I modification, and changing the definition of volatile 

organic compounds to conform to the federal definition. 

• Updating Reg. 19.401 to change the emissions permitting thresholds for carbon 

monoxide, nitrogen oxides, sulfur dioxide, volatile organic compounds, particulate matter 

10 micrograms or smaller in diameter, single hazardous air pollutants, and combinations 

of hazardous air pollutants. 

• Replacing existing language in Reg. 19.407 referring to disclosure statements with new 

language referencing Commission Regulation 8 (Administrative Procedures) containing 

applicable language. 

• Clarification of Reg. 19.407 to specify that public notice requirements do not apply in 

cases of ownership or name changes. 

• Modifying and adding De Minimis levels in Reg. 19.407 to specify the levels at which 

proposed modifications would be considered trivial for the pollutants carbon monoxide, 

nitrogen dioxide, sulfur dioxide, and volatile organic compounds, and establishing such 

levels for the two classifications of particulate matter. 

• Updating Reg. 19.412 by incorporating by reference the Federal Register date involving 

federal dispersion modeling guidelines. 

• Addition of new 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); and Reg. 19.417 (Registration). 

• Addition of a new Reg. 19.417 (Registration) to allow for tracking of facilities that are 

currently regulated under the emission limits in Reg. 19.401 but would not be regulated 

under the proposed changes to Reg. 19.401. 

• Updating Reg. 19.904 (Adoption of Regulations) to incorporate by reference various 

revisions to the SIP required under recent federal regulation changes. 

• Changes to Appendix A, Insignificant Activities List: Under Group A, Item 12, the 

addition of exemptions for generators that provide electricity to the distribution grid; and 

under Group B, Item 69, the addition of hazardous air pollutants to the list of substances 

that cannot be used or emitted from mixers, blenders, roll mills, or calendars for rubber or 

plastic for which no materials in powder form are added. 

• Correction of typographical errors and changes in format or style to conform to the 

Commission’s standardized regulations format, correct internal inconsistencies, and 

update the regulation to conform to state law. 

Proposed changes to Regulation 26 include: 

• Clarification of the definition of Title I modification. 

• Creation of a new Chapter 13 for language specifying the effective date of the regulation. 

• Clarification of Reg. 26.406 to specify that a timely permit renewal application is one 

received by the ADEQ at least six months prior to the permit expiration date. 
• Modifying Reg. 26.801 (Applicant’s duty to apply for alternative scenarios) to make the 

section applicable to all permits issued under Regulation 26. 

• Updating Reg. 26.1002 (Minor permit modification applicability) regarding the levels of 

emissions increases which can be used in minor permit modification requests involving 

carbon monoxide, nitrogen oxides, sulfur dioxide, volatile organic compounds, and the 

two classifications of particulate matter. 

• Adding Reg. 26.1013 (Permit Flexibility). 

• Correction of typographical errors and changes in format or style to conform to the 

Commission’s standardized regulations format, correct internal inconsistencies, and 

update the regulation to conform to state law. 

 Copies of the proposed changes are available for public inspection during regular 

business hours at the ADEQ office in the Public Outreach and Assistance (POA) Division, or at 

ADEQ information depositories located in public libraries at Arkadelphia, Batesville, 

Blytheville, Camden, Clinton, Crossett, El Dorado, Fayetteville, Forrest City, Fort Smith, 

Harrison, Helena, Hope, Hot Springs, Jonesboro, Little Rock, Magnolia, Mena, Monticello, 

Mountain Home, Pocahontas, Russellville, Searcy, Stuttgart, Texarkana, and West Memphis; in 

campus libraries at the University of Arkansas at Pine Bluff and the University of Central 

Arkansas at Conway; or in the Arkansas State Library located on the State Capitol grounds at 

Little Rock. In addition, a copy of the regulation showing the proposed changes, along with 

related support documents, is available for viewing or downloading at the ADEQ’s Internet web 

site located at www.adeq.state.ar.us. 

 Oral and written comments will be accepted at the hearing, but written comments are 

preferred in the interests of accuracy. In addition, written and electronic mail comments will be 

considered if received no later than 4:30 p.m. August 18, 2008. Written comments should be 

mailed to Doug Szenher, POA Division, Arkansas Department of Environmental Quality, 5301 

Northshore Drive, North Little Rock, AR 72118. E-mail comments should be sent to: 

reg-comment@adeq.state.ar.us. 

 Published July 2 and 3, 2008, 

 Teresa Marks, Director, 

 Arkansas Department of Environmental Quality 

 
NOTICE OF THREE PUBLIC

HEARINGS

The Arkar.,as Poilu lion Control

and Ecology Commission \'Iill hold

three separate public hearings al

North Li!lIe Rock Augusl 4, 2008, to

receive comments on proposed revIsions to CommIssion arr qualily regulations_ The evenllYlli begin at 2:00

p.m. in the Ccmmission Room at Ihe

Arkansas Department 01 Environmenlat Qualily IADEQI headquarters

buitding, 5301 North~hore Drive. The

deadline for submitting wntten comments on all three regulalions IS August t8, 2008

?roposed changes 10 COMmissior Regu alions 1 IMka sas All

Cnoel. 1915Iate Itnplel1'entalion Plan

iSIPI lor Air PolI"1><;n COnlro~, all<! 26

(Al<ansas Ope';",ng Ai Per it Pregram) will be the tOPiCS 01 the August

4 heari gs wltn e Regulallo~ 18

heanng stanrng at 2:00 p.m _lollowed

t) Ire Regula!i0f119 heanng ommed,-

ately ailer comments a RegulatlOn16 have bee completed The Regu-

:allon 26 hearing will negln immedlatel; alter commenlS on Regulation

,g end

Commission authority 10 revise

R~gulatHlns 18, 19, ane 26 IS lound in

Arkansas Code Annolated (A.CA.)

Seclien 8-4-301, et seq.

Proposed changes to Regulalion

NO. 18 ,nvolve:

•Addll-ons 10 Ihe Delinilions seclion, including a new delinition 01

-EPA' and Tille I modificaliens_

, Crealion of ane\-! Chaoter 15 lor

language specifying Ihe elleclive dale

of the regulation_ •

, Updating Reg_ 18.301 10 change

the emissions permillmg thresholds

lor carbon monoxide, nilrogen oxides,

sullur dioxide, vol~lile or9anic compounds, the Iwo c1asslficalloos 01 parhculates, smgle hazardous air pollulants, and combinations 01 hazardous

air pollutanls; adding charcoal plants

10 the lisI ol/acllilles reqUITed to oblam an ali permit regardless 01 emission levels; and adding the following

source types to the list of lacillhes nol

required 10 have an air permit: Stationary reciprocaling internal combustion ehglnes lor non-pari 70

sources (minor sources), hospilal elhylene oxide sterilizers, gasoline dispensing lacilities, slatlonary compression Ignition Internal combuslion

engines with a displacemenl 01 less

Ihan 30 liters per cylinder, and slationarj spark ignition internal com- bustion engines.

, Replacing existing language in

Reg. 18.307 referring 10 disclosure

statements wilh new language relerenclng Commission Regulation B

(adminislrative procedures) can lainIng applicable language.

, Clarification 01 Reg. t8307 to

speCify Ihat public nolice requlTemenls do not apply In ,"'ses or OV,llerShip or name changes.

. ' Modllying and adding De Minimis levels In Reg. 18.307 to specify

lhe levels at which proposed modlhcalions would be considered Irivlal for

Ihe pollutants carbon monoxide niIrogen dioxide, sullur dioxide ~nd

volatile organic compounds, and establishing such levels lor lhe two classificahons of particulate mailer.

. 'Addllionol Reg. 18.312 (Operahonal FleXibillly--Appllcanlis duty to

apply lor allemative scenarios); Reg.

18.313 (Changes resulling in no emissions Increases); Reg. IB.314 (Permit

FleXibility); and Reg. 18315lRegistra- tIOO).

, Changes to Appendix A, Insignificanl Aclivities List: Under Group A,

Item 12, the addilion of exemptions

for generators thai provide electriclly

to the disilibulion grid; and under

Group B, lIem 69, the addilion 01 hazardous air pollutants to the list of substances lhat cannot be used or emitled from mixers, blenders, roll mills, or

calendars lor rubber or plaslic lor

which no materials in powder lorm are added.

, Correction 01 typographical

errors and changes in format or style

to conform 10 the Commissionis

standardized regulalions format,

correcl inlernal inconsislencies, and

update Ihe regUlation to conlorm to state law.

Proposed changes a RegUlation

19 include:

, Adding anew delinilion for Tille I

mOdilication, and changing Ihe

definItIon 01 volatile organic

compounds 10 conform to the federal

definition.

, Updaling Reg_ 19.401 10 Change

Ihe emissions permil ing Ihresholds

for carben monoxide, nilrogen oxides,

sulfur dioxide, volatile organic

compounds, particulale mailer 10

micrograms or smaller in diameler,

Single hazardous air pollulants, and

combinations 01 hazardous air pollul- anls.

, Repfacing existing language in

Reg. 19.407 referring to disclosure

slalemenls wilh new language

referenCing CommiSSIon Regulation 8

(Adminislralive Procedures)

conlaining applicable language.

, Clarification 01 Reg. 19.407 to

specify Ihat publiC notice

requirements do not app~ in cases 01

ownership dr name changes.

, Modifying and adding De Minimis

levels In Reg. 19.40710 specily Ihe

levels al Which proposed

modifications would be considered

Iriviallor the pollulants carbon

monOXide, nrlragen diOXide sulfur

diOXide, and volalile organiC

compounds, and eSlablishing such

levels lor Ihe Iwo classificalions of

particulate mailer.

, UPtlJllng Reg. 194 '2 by

IOcorporating by reference Ihe Federal

Reglsler dale involving federal

dlspers'on modEl,ng guidelines.

'Add/t,o of new Reg. 19.414

(Operatrona, fleXlb,tily--AppllcaOils

duty 10 apply lor allernalive

sce~arios): Reg 19.415 (Changes

resu,lmg In no emissions InCrease!):

Reg. 19.416 (Permll FleXibililyl: ann Reg 19.417 (Regislratlon)

, Addition 01 a new Reg t9.4' 7

/Reglsiraiion) to allow lor tracking 01

lacililies Ihal are cur enlly regulated

under tne emiSSion I,m, s in Reg

19.401 bul would not be reg"lated

under the proposed changes to Reg

19.40t

, Updaling Reg 19.904 (Adoplion

of Regulalions) to incorporale by

reference vanous revisions 10 Ihe SIP

required under recent lederal

regulation ch~nges.

, Changes 10 Appendix A,

InSignificant Aclivllies List Under

Group A, Item 12, the addition of

exemplions lor genera lars Ihal

prOVide eleclricily 10 Ihe dislribUlion

grid.: and under Group B, lIem 69, Ihe

addition 01 hazardous all pollulants 10

tho? ,,,1 01 subsla ces Ihat cannol be u e<J or Cf1111:ed 'rom m"er;, lJleodl;lS

roll mills, 0' calendars lor rubbe' 0;

plastic lor wn,cn no malerrals In

powder lorm are a<Ioeo.

, Correction 01 typographical

errors and Changes In format or sl\'le

10 conform 10 the Commlss'Oni~ stan

dJrdlzed regulations formal correct

Inlernal inconsislencies. nnd update

11e regJfation aconform 10 slate Ia~'

Proposed Changes 10 RegUiallor

26 include

, Clarificalion ollhe dellOltron 01

Tille I modification.

, Crealion of anew Chapter 13 lor

language specifying Ihe ellective dale

oflhe regulation.

, Clarilicalion of Reg 26406 to

spec.Jfy ihat Ci timely permit renewal

application is one received by the

ADEO at least SIX monlhs prior to the

penmll expllatlon date.

, Modifying Reg 26801

IApplieantis dUly to apply lor

allernallve scenarios) to make the

secl,on applicable to all permits

Issued under RegUlation 26.

, Updating Reg 26.1002 (Minor

permllmodification appllcabilily)

regarding the levels of emissions

Increases which can be used in minor

penmil modilicalion requests inVolving

carbon monoxide, nitrogen OXides,

sulfur diOXide, volatile organic

compounds, and Ihe Iwo

classilications of parliculale mailer.

, Adding Reg. 26.1013 (Permil Flexibility)_ .

, Correction of Iypographica!

errors and changes in lormat or slyle

10 conlorm 10 the Commission Is

standardized regulations lormal,

correcl Internal inconsislencies, and

updale Ihe regUlation 10 coniarm to slale la',v.

Copies ollhe proposed changes

are. avaIlable lor public Inspeclion

dUfing resular business hours at the

ADEO office in Ihe Public Outreach

and Assislance (POA) Division, or al

ADEQ Inlormation depositories

located In public libraries al

Arkadelphia, Balesville, BlytheVille,

Camden, Clinlon, Crossell, EI Dorado

FayellevilJe, Forrest CilY, Fort Smith:

Hamson, Helena, Hope, Hal Springs,

Jonesboro, Lillie Rock, Magnolia,

Mena, Monticello, Mountain Home,

Pocahontas, Russellville, Searcy,

Stultgarl, Texarkana, and West

Memphis; in campus libraries allhe

UnrverSlly 01 Arknnsas al Pine Bluff

and the University 01 Cenlral Arkansas

at Conway; or in Ihe Arkansas State

Library localed on the Siale Capilol

grounds al lillie Rock. In addilion, a

copy of Ihe regulalion showing the

proposed changes, along with relaled

support documenls, is available lor

viewing or downloading al Ihe ADEOis

Inlernet web sile localed al

1'.'·,I'w.adeq.state.ar,us.

Oral and lien commenls will be

accepled al Ihe hearing, Oul wrillen

commenls are preferred io Ihe IOlereSls ~' accuracy. In addilion_ ""l1en

and e,eclronlc aI c mmenls will be

conSidered II receIved no laler Ihan

430 p m_ August f8, 200B Wrillen

comments should be mailed 10 Doug

Szenher, POA Division, Arkansas

Departmenl 01 Envlloomenlal Qualily

530 t Norlhshore Drive, North Litll~

Rock, AR 721 tB. E-mail comment'

should be sent la'

reg-commenl@adeq_slate_ar.us.

P1JbIIShed July 2and 3, 2008,

Teresa Marks, Director,

Arkansas Depaf/men! a Envlronmenta! Quailly

517270141
Arkan s Uemocra Qj)a ette

STATEMENT OF LEGAL ADVERTISING

("SD lit {I I'"f 700(; "'" '-' -'. \J (: ~_ 0

ADEQ

5301 NORTH SHORE DR

NORTH LITTLE ROCK AR 72118

MITT:

RKA SAS DEMOCRAT-GAZETTE, (

P.O. B X 2221

LITTLE ROCK, AR 72203

ATTN:

DATE 07/03/08

ACCT #: L844316

Fiscal Office

INVOICE #: 2326023

P.O. #:

BILL! G QUESTIONS C L378-381

.::;. .L. ... 1 r:. ....,.c

ss, AD COpy

I, Elizabeth Myers do solemnly swear that I am the

Legal Billing Clerk of the Arkansas Democrat - Gazette, a daily newspaper printed and published

in said County, State of Arkansas; that I was so

related to this publication at and during the

publication of the annexed legal advertisement In

the matt r of:

public hearings

pending in the Court, in said County, and

at the dates of the several publications of said

advertisement stated below, and that during said

periods and at said dates, said newspaper was

printed and had a bona fide circulation in said

County; that said newspaper had been regularly

printed and published in said County, and had a

Dona fide circulation therein for the period of

one month before the date of the first publication

of said advertisement; and that said advertisement

was published in the regular daily issues of said

newspaper as stated below.

DATE DAY LINAGE PATE

07/02 Wed 355 1.25

07/03 Thu 355 1.25

TOTAL COST ----------------------- Billing Ad #: 51727014

fIJs~,~ Su scribed and swo 0 th.i2

aof 20~

Public

887.50

(C)\ iC \ (}':S7

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ARKANSA EPART ENT F

OLL TION CONTROL & COLOGY

HEARING/MEETING REGISTRATION

Name Address Organization

Please Print Legibly Street City State Zip Represented

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ACI-7739

Date: - it - 0 Y

Page 01
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Registration No _

ARKANSAS DEPARTMENT OF POLLUTION CONTROL

AND ECOLOGY

Registration for pu bl ic statement

PLEAS~ PRINT LEGIBLY , --~\ 0l. I .

State ~.J-I/_(--=.../ ZiP-=7,--,,,,,,7:::..:Z--=-()_-_,--__

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(Check one) Oral & Written statement Oral statement only __ I. -3464
BEFORE THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION 

IN THE MATTER OF AMENDMENTS TO ) 

REGULATION NO. 19, REGULATIONS OF THE ) DOCKET NO. 08-008-R 

ARKANSAS PLAN OF IMPLEMENTATION ) 

FOR AIR POLLUTION CONTROL ) 

RESPONSIVE SUMMARY FOR

REGULATION NO. 19, REGULATIONS OF THE ARKANSAS PLAN OF 

IMPLEMENTATION FOR AIR POLLUTION CONTROL

 Pursuant to A.C.A. ' 8-4-202(d)(4)(C) and Regulation No. 8, Section 3.6.2(2), a 

responsive summary groups public comments into similar categories and explains why the 

Arkansas Pollution Control and Ecology Commission (ACommission@) accepts or rejects the 

rationale for each category or comment. 

Comment 1 – “Arkansas’ SIP Needs to Avoid Compliance Schedule Conflict with EPA”. 

“Arkansas’ SIP Needs to Avoid Requiring Investments Prior to Final EPA Approval”. 

The commenter requests changes be made in Reg. 19.1504(B) to match an EPA guidance 

and in 11.4.1.2 of the Regional Haze State Implementation Plan. 

Response 1 – ADEQ thanks the commenter for these comments; however, this section and 

language were not proposed for change in this rulemaking and therefore is beyond the scope of 

this rulemaking. ADEQ will consider these comments for possible future revisions. 

Comment 2 – Commenters provided positive comments regarding the proposed changes 

to permitting thresholds. Commenters also expressed positive sentiments that these 

changes will result in Arkansas being more competitive in attracting new industries and 

will allow existing industries to better respond to changing market conditions. 

Response 2 – ADEQ staff appreciate and acknowledge these supportive comments.

Comment 3 – “The new registration requirement is a state requirement, and need not be 

in the SIP. Accordingly, to the extent that registration is maintained, the requirement 

should only be included in Regulation 18.” The commenter is concerned that if the 

Registration requirement stays in the SIP, sources that are not required to have a permit 

would be subject to federal enforcement actions. “In order to transition from the old 

permitting thresholds to the new permitting thresholds, and to enable registration sources 

to obtain synthetic minor source permits, Section 19.417 should be revised...” Language 

to accomplish this was provided. 

Page 1 of 33 EXHIBIT B 
Response 3 – On consideration of the comments, the Department agrees with the commenters 

that the inclusion of the proposed Registration provision in APC&EC Regulation 19 is 

duplicative and unnecessary. The provision is being retained within Regulation 18 with 

revisions based on submitted comments. Proposed Reg. 19.417 has been revised to delete 

proposed subparagraphs (A) – (E); the remaining subparagraphs (F) and (G) will be designated 

as (A) and (B). The final language renames the subsection and also corrects typographical 

errors and cross reference citations. The final language is as follows: 

“(A) Sources currently holding permits issued pursuant to Regulation 19 but whose emissions 

are below the permitting thresholds of 19.401, and above the registration thresholds of Reg. 

18.315 may elect to continue to operate under their existing Regulation 19 permit or they may 

submit a registration under Reg. 18.315 and request their Regulation 19 permit to be 

terminated. The Regulation 19 permit shall remain in effect until terminated. If a source takes 

no action, the Regulation 19 permit shall remain in effect. 

(B) A source otherwise subject to registration under Reg. 18.315 may elect to instead operate 

under a permit issued in accordance with Reg. 19.402.” 

Comment 4 – Under 19.417, would sources have to re-register every time they make a 

modification? 

Response 4 – The registration provision has been deleted from Regulation 19 making this 

comment moot. 

Comment 5 – “There needs to be a total allowable emissions from Insignificant Activities. 

A13 has to at least say that the limits apply to all A13 activities combined. Also 

Insignificant Activity emissions needs to be listed in the permit, not necessarily in specific 

conditions but at least as emissions that counted toward fees and applicability as Title V 

thresholds.” 

Response 5 – ADEQ thanks the commenter for these comments; however, this section and 

language were not proposed for change in this rulemaking and therefore is beyond the scope of 

this rulemaking. It should be noted, however, that A13 already contains wording that addresses 

a portion of this comment (“These emission limits apply to the sum of all activities listed under 

this group.”). Additionally, emissions from insignificant activities should not be counted when 

calculating permit fees. 

Comment 6 – “General Permits in 19.411 – only the general permit and not the individual 

applications (NOI’s) should be subject to notice.” 

Response 6 – ADEQ thanks the commenter for these comments; however, this section and 

language were not proposed for change in this rulemaking and therefore is beyond the scope of 

this rulemaking. Consequently, no change was made based on this comment. 

Comment 7 – Delete “Administrator” and “EPA” from Reg. 19.411. 

Response 7 – These terms are not found in Reg. 19.411 of the proposed changes to Regulation 

19.

Page 2 of 33 EXHIBIT B 
Comment 8 – “19.416 needs additional numbering. There should be 3 distinct sections 

with sub sections. Also a similar section(s) should be included in Regulation 18.” 

Response 8 – Reg. 19.416 was proposed with three distinct sections with subsections and 

Regulation 18 already has a section with similar language (Reg. 18.314). No change was made 

based on this comment. 

Comment 9 – All references to outside regulations, laws and other texts should include an 

effective date of the referenced text at the time the affected portion of the regulation was 

effective. This excludes references to Arkansas Code or other Arkansas Pollution Control 

and Ecology Commission regulations. 

Response 9 – ADEQ agrees. Following is a listing of affected sections and associated dates 

that have been added. The dates that will be added are the dates that that portion of the 

regulation was effective. Only references to the Code of Federal Regulations and the Clean Air 

Act citations are listed below. ADEQ feels there is no need to provide dates for references to 

Arkansas law or other Arkansas regulations. 

Reg. 19.103(A) – “...7401 et seq., as of July 1, 1997,...” 

 “...Parts 61 and 63) as of July 1, 1997.” 

Chapter 2 definition of Federally regulated air pollutant (4) – “...Clean Air Act, 42 U.S.C.§§ 

7401, et seq. as amended as of July 1, 1997.” 

Chapter 2 definition of PM10 – “...CFR Part 53 as of December 8, 1984.” 

Chapter 2 definition of PM10 emissions – “...Part 51, Appendix M as of December 8, 1984...” 

Chapter 2 definition of Potential to emit – “...7401 et seq. as of February 15, 1999.” 

Chapter 2 definition of Volatile organic compounds (2) – “...Appendix A, as of July 1, 1997, 

...” 

Reg. 19.407(C)(3)(c) – ...Clean Air Act as amended as of February 15, 1999;” 

Reg. 19.504 – “...(kk) are incorporated into this chapter by reference as of September 12, 

1986.” 

Reg. 19.702 – “... 40 CFR Part 60, Appendix A as of August 30, 1992.” 

Reg. 19.703(A) – “...40 CFR Part 60 Appendix B as of August 30, 1992, and quality assurance 

procedures in 40 CFR Part 60 Appendix F as of August 30, 1992, and other...” “...51 

Appendix P as of August 30, 1992, or in 40 CFR Part 60 as of August 30, 1992, shall...” 

Reg. 19.703(B) – “...CFR Part 51, Appendix P, Section 4.0 (Minimum Data Requirements) as 

of August 30, 1992,...” 

Reg. 19.803(B) – “...(40 CFR Part 60 Appendix A, as of May 25, 1979)...” 

Reg. 19.804(B) – “...40 CFR 60.8 as of January 28, 1983.” 

Reg. 19.903(B) – “...in 40 CFR 52.21(b) [PSD] and 40 CFR 51.301 [Protection of Visibility] as 

of November 29, 2005,...” “...and 40 CFR 51.301 as of November 29, 2005, shall apply.” 

Reg. 19.904(B) – “...40 CFR 51.166(f)(1)(iii) as of November 29, 2005, shall be...” 

Reg. 19.904(C) – “...40 CFR 52.21(o) as of November 29, 2005, the following...” 

Reg. 19.904(C)(2) – “...40 CFR 52.21(q) as of November 29, 2005.” 

Reg. 19.904(D) – “...40 CFR 52.21(p)(1) as of November 29, 2005...” 

Reg. 19 Appendix A Group B Item 44 – “...pursuant to Section 112(r) of the Act as of July 1, 

1997,...” 

Page 3 of 33 EXHIBIT B 
Comment 10 – Format numbers in accordance with the Regulation Formatting and 

Drafting Guidelines. (Example: There are twelve (12) months in a year.) Numbers that 

refer to other regulations, laws or dates, etc., do not need to be changed. These changes 

should include where noted in the following comments. 

Response 10 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this or similar comments. In a future 

rulemaking, the numbers may be formatted in a consistent manner. 

Comment 11 – Table of Contents Reg. 19.403, Table of Contents Reg. 19.1310, Reg. 

19.402, Reg. 19.403, Reg. 19.404(C), Reg. 19.405(C), Reg. 19.406(A), Reg. 19.406(B)(1), 

Reg. 19.406(B)(3), Reg. 19.406(B)(4), Reg. 19.417(C), Reg. 19.1310, and Appendix A, 

Group B Footnote 2 – Add “or” between “owner” and “operator’s” and delete the “/”. 

Response 11 – The “/” is intended to indicate an alternative. Therefore, ADEQ is of the 

opinion that the request revision is unnecessary. 

Comment 12 – Reg. 19.101 – State what “A.C.A.” stands for here or in Chapter 2. 

Response 12 – ADEQ agrees. A.C.A stands for Arkansas Code Annotated. Reg.19.101 will 

be revised to read “...Arkansas Water and Air Pollution Control Act, Arkansas Code Annotated 

(A.C.A) §§ 8-4-201 et seq.,..”. 

Comment 13 – Reg. 19.103(A) – State what “U.S.C.” stands for here or in Chapter 2. 

Response 13 – ADEQ agrees. U.S.C. stands for United States Code. Reg. 19.103(A) will be 

revised to read “...Act, 42 United States Code (U.S.C.) §§...” 

Comment 14 – Reg. 19.103(A) – State what “CFR” stands for here or in Chapter 2. 

Response 14 – ADEQ agrees. CFR stands for Code of Federal Regulations. Reg. 19.103(A) 

will be revised to read “... (40 [Code of Federal Regulations CFR]...” 

Comment 15 – Reg. 19.103(A) and Reg. 19.304 – Change all “C.F.R.” to “CFR”. 

Response 15 – ADEQ agrees with this comment and the change will be made. 

Comment 16 – Chapter 2 – In the definition of “12-month period” spell out twelve and 

put 12 in parentheses. 

Response 16 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Page 4 of 33 EXHIBIT B 
Comment 17 – Chapter 2 – In the definition of “Federal Clean Air Act”, add “or ‘the 

Act’”. 

Response 17 – ADEQ agrees with this comment and the change will be made. 

Comment 18 – Chapter 2 – In the definition of “Federally regulated air pollutant” the 

subsection outlining should be letters, not numbers. 

Response 18 – ADEQ agrees with this comment and the change will be made. 

Comment 19 – Chapter 2 – In the definition of “Hazardous Air Pollutant”, add “or 

‘HAP’”. 

Response 19 – ADEQ agrees with this comment and the change will be made. 

Comment 20 – Chapter 2 – In the definition of “Modification” the subsection outlining 

should be letters, not numbers, after the lettering should be numbering. 

Response 20 – ADEQ agrees with this comment and the change will be made. 

Comment 21 – Chapter 2 – In the definition of “Modification”, item 3, remove the section 

symbol and replace it with “Reg.”. 

Response 21 – ADEQ agrees with this comment and the change will be made. 

Comment 22 – Chapter 2 – In the definition of “Responsible official” the subsection 

outlining should be letters, not numbers. 

Response 22 – ADEQ agrees with this comment and the change will be made. After the 

outline lettering, outline numbering will follow. 

Comment 23 – Chapter 2 – In the definition of “Responsible official”, item (1)(a) spell out 

two hundred fifty and put 250 in parentheses. 

Response 23 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 24 – Chapter 2 – In the definition of “Responsible official”, item (1)(a) specify 

that “dollars” is United States Dollars. 

Response 24 – ADEQ agrees with this comment and the change will be made. 

Comment 25 – Chapter 2 – In the definition of “Volatile organic compound”, the 

subsection outlining should be letters, not numbers, after the lettering should be 

numbering. 

Page 5 of 33 EXHIBIT B 
Response 25 – ADEQ agrees with this comment and the change will be made. 

Comment 26 – Chapter 2 – In the definition of “Volatile organic compound”, “VOC” 

should be bold. 

Response 26 – ADEQ agrees with this comment and the change will be made. 

Comment 27 – Chapter 2 – Make sure all definitions especially with abbreviations of the 

words being defined are formatted the same see “Volatile organic compounds”. 

Response 27 – ADEQ agrees with this comment. The formatting should be “Volatile organic 

compounds” or “VOC”.

Comment 28 – Reg. 19.401 – Spell out all numbers and place the numeric in parentheses. 

Response 28 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 29 – Reg. 19.405(B)(4) – Spell out all numbers and place the numeric in 

parentheses. 

Response 29 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 30 – Reg. 19.406(B)(2) – Spell out all numbers and place the numeric in 

parentheses. 

Response 30 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 31 – Reg. 19.407(A)(1)(e) – Change “facilities” to “facility’s”. 

Response 31 – ADEQ agrees with this comment and the change will be made. 

Comment 32 – Reg. 19.407(B)(2) – Add “or she” after “he”. 

Response 32 – ADEQ agrees with this comment and the change will be made twice. 

Comment 33 – Reg. 19.407(C)(2)(b) – Capitalize “pollutant” and “time”. 

Response 33 – ADEQ agrees with this comment and the change will be made. 

Page 6 of 33 EXHIBIT B 
Comment 34 – Reg. 19.407(C)(3)(c) – Clarify what “BACT” is. 

Response 34 – ADEQ agrees. BACT stands for Best Available Control Technology. Reg. 

19.407(C)(3)(c) will be revised to read “...pursuant to Best Available Control Technology 

(BACT),...”

Comment 35 – Reg. 19.409 – Spell out all numbers and place the numeric in parentheses. 

Response 35 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 36 – Reg. 19.410(B) – Spell out all numbers and place the numeric in 

parentheses. 

Response 36 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 37 – Reg. 19.412(A) – Capitalize “appendix”. 

Response 37 – ADEQ agrees with this comment and the change will be made. 

Comment 38 – Reg. 19.412(B) – Delete “US”, leaving “EPA”. 

Response 38 – ADEQ agrees with this comment and the change will be made. 

Comment 39 – Reg. 19.415 – Spell out all numbers and place the numeric in parentheses. 

Response 39 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 40 – Reg. 19.416(A), Reg. 19.416(A)(3), Reg. 19.416(A)(4), Reg. 19.416(B), Reg. 

19.416(B)(1), Reg. 19.416(B)(7), Reg. 19.416(C), Reg. 19.416(C)(1), Reg. 19.416(C)(4), – 

Delete “and/or” and place “or” between “owner” and “operator”. 

Response 40 – ADEQ agrees that clarification is needed as to the applicability of this new 

provision. To clarify the applicability the phrase “owner and/or operator” throughout Reg. 

19.416 will be deleted and replaced with “permittee”. 

Comment 41 – Reg. 19.416(A)(1) –Spell out all numbers and place the numeric in 

parentheses. 

Page 7 of 33 EXHIBIT B 
Response 41 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 42 – Reg. 19.416(B)(1) – Spell out all numbers and place the numeric in 

parentheses. 

Response 42 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 43 – Reg. 19.416(B)(6) – Spell out all numbers and place the numeric in 

parentheses. 

Response 43 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 44 – Reg. 19.416(C)(1) – Spell out all numbers and place the numeric in 

parentheses. 

Response 44 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 45 – Reg. 19.417(A)(1) through Reg.19.417(A)(7) – Spell out all numbers and 

place the numeric in parentheses. 

Response 45 – The registration provision has been deleted from Regulation 19 making this 

comment moot. 

Comment 46 – Reg. 19.417(E) – Spell out two hundred and place the numeric in 

parentheses. 

Response 46 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 47 – Reg. 19.417(E) – Capitalize “chapter”. 

Response 47 – The registration provision has been deleted from Regulation 19 making this 

comment moot. 

Comment 48 – Reg. 19.417(E) – Specify that Regulation 9 is the Arkansas Pollution 

Control and Ecology Commission’s, Regulation 9, Fee Regulation. 

Page 8 of 33 EXHIBIT B 
Response 48 – The registration provision has been deleted from Regulation 19 making this 

comment moot. 

Comment 49 – Reg. 19.417(F) – Add a comma between “action” and “the”. 

Response 49 – ADEQ agrees with this comment and the change will be made. 

Comment 50 – Reg. 19.503(A) – Add a comma after “1972”. 

Response 50 – ADEQ agrees with this comment and the change will be made. 

Comment 51 – Reg. 19.503(A)(1) – Spell out all numbers and place the numeric in 

parentheses for those that are not already. 

Response 51 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 52 – Reg. 19.503(B) – Add a comma after “1972”. 

Response 52 – ADEQ agrees with this comment and the change will be made. 

Comment 53 – Reg. 19.503(B)(1) – Spell out all numbers and place the numeric in 

parentheses for those that are not already. 

Response 53 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 54 – Reg. 19.503(B)(2) – Spell out all numbers and place the numeric in 

parentheses. 

Response 54 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 55 – Reg. 19.601 – Clarify what “NSPS” is either here or in Chapter 2. 

Response 55 – ADEQ agrees. NSPS stands for New Source Performance Standards. Reg. 

19.601 will be revised to read “...(such as New Source Performance Standards [NSPS] 

regulations).” 

Comment 56 – Reg. 19.601 – Spell out all numbers and place the numeric in parentheses.

Page 9 of 33 EXHIBIT B 
Response 56 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 57 – Reg. 19.704 – Spell out all numbers and place the numeric in parentheses.

Response 57 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 58 – Reg. 19.705(C) – Spell out all numbers and place the numeric in 

parentheses. 

Response 58 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 59 – Reg. 19.705(D) – Add e-mail address of the certifying official to the list of 

information that certification shall include. 

Response 59 – ADEQ agrees that the change (or addition) of an e-mail address would qualify 

as an Administrative Permit Amendment; however, no change in the regulatory wording is 

necessary due to the existing phrase “or provides a similar administrative change in the 

source.” Therefore, no changes are made to the final regulation based on this comment. 

Comment 60 – Reg. 19.803(A) – Define “AFIN” here or in Chapter 2.

Response 60 – ADEQ agrees. AFIN stands for Arkansas Facility Identification Number. Reg. 

19.803(A) will be revised to read “...Company (Arkansas Facility Identification Number 

[AFIN]...” 

Comment 61 – Reg. 19.803(A)(1) – Spell out all numbers and place the numeric in 

parentheses. 

Response 61 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 62 – Reg. 19.803(A)(1) – Clarify what “H2SO4” means. 

Response 62 – ADEQ agrees. H2SO4 means sulfuric acid. Reg. 19.803(A)(1) will be revised 

to read “...lb sulfuric acid (H2SO4)...” 

Comment 63 – Reg. 19.804(C) – Spell out all numbers and place the numeric in 

parentheses except CFR references and dates. 

Page 10 of 33 EXHIBIT B 
Response 63 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 64 – Reg. 19.804(C) – Define “ppm” here or in Chapter 2. 

Response 64 – ADEQ agrees. “ppm” stands for parts per million. Reg. 19.804(C) will be 

revised to read “...TRS Concentration (parts per million [ppm])...” 

Comment 65 – Reg. 19.804(C) – Define “g” and “kg” here or in Chapter 2. 

Response 65 – ADEQ agrees. “g” stands for gram and “kg” stands for kilogram . Reg. 

19.804(C) will be revised to read “...0.0168 grams (g)/kilogram (kg)...” 

Comment 66 – Reg. 19.804(C) – Clarify what “H2S” means.

Response 66 – ADEQ agrees. H2S means hydrogen sulfide. Reg. 19.804(C) will be revised to 

read “...measured as hydrogen sulfide (H2S)...” 

Comment 67 – Reg. 19.901 – Clarify what “PSD” means. 

Response 67 – Upon further review, ADEQ believes the meaning of PSD is apparent from the 

language used in Reg. 19.901 so there will be no change as a result of this comment. 

Comment 68 – Reg. 19.902 – Clarify what a “Class I federal area” is here or in Chapter 2. 

Response 68 – Class I federal area is defined in the Clean Air Act so it will not be defined in 

this regulation. 

Comment 69 – Reg. 19.903(B) – Capitalize “chapter” (twice). 

Response 69 – ADEQ agrees with this comment and the change will be made. 

Comment 70 – Reg. 19.903(B) – Specify that Chapter 2 means Chapter 2 of Regulation 19 

or “this regulation”. 

Response 70 – ADEQ agrees with this comment and the change will be made. Reg. 19.903(B) 

will be revised to say “...Chapter 2 of Regulation 19...” twice. 

Comment 71 – Reg. 19.904(A) – Remove “this section” and replace it with “Reg. 19.904”. 

Response 71 – ADEQ agrees with this comment and the change will be made. 

Comment 72 – Reg. 19.904(C) – For clarification, add “40 CFR 52.1(o)” between “as” and 

“subparagraphs”. 

Page 11 of 33 EXHIBIT B 
Response 72 – ADEQ appreciates this comment however, a review of previous rulemaking that 

involved changing the formatting of Regulation 19 revealed that an editorial error was 

previously made in regard to the numbering of the subparagraphs of this section during the 

reformatting. The proper citation of the subparagraphs shall be changed from “... 

subparagraphs (4), (5),(6), and (7)]...” to “...Reg. 19.904(C)(1),(2),(3) and (4)]...” to be 

consistent and accurate as this rule was originally enacted. 

Comment 73 – Reg. 19.1003 – Capitalize “chapter”. 

Response 73 – ADEQ agrees with this comment and the change will be made twice. 

Comment 74 – Reg. 19.1003 – Specify that Chapter 2 means Chapter 2 of Regulation 19 

or “this regulation” twice. 

Response 74 – ADEQ agrees with this comment and the change will be made. Reg. 19.1003 

will be revised to say “...Chapter 2 of Regulation 19...” 

Comment 75 – Reg. 19.1003 – In the “Gasoline” definition, define “kPa” here or in 

Chapter 2. 

Response 75 – ADEQ agrees. “kPa” means kilopascal. Reg. 19.1003 will be revised to read 

“...27.6 kilopascals (kPa)...” 

 

Comment 76 – Reg. 19.1003 – In the “Gasoline” definition, define “psi” here or in 

Chapter 2. 

Response 76 – ADEQ agrees. “psi” means pounds per square inch. Reg. 19.1003 will be 

revised to read “... (4 pounds per square inch [psi])...” 

Comment 77 – Reg. 19.1003 – In the “New Source Standard of Performance” definition, 

add “(NSPS)”.

Response 77 – ADEQ agrees with this comment and the change will be made. 

Comment 78 – Reg. 19.1003 – In the “Vapor control system” definition, spell out all 

numbers and place the numeric in parentheses.

 

Response 78 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 79 – Reg. 19.1004(A)(2) – Capitalize “chapter”. 

Response 79 – ADEQ agrees with this comment and the change will be made. 

Comment 80 – Reg. 19.1004(A)(2) – Delete “&” and replace it with “and” (twice). 

Page 12 of 33 EXHIBIT B 
Response 80 – ADEQ agrees with this comment and the change will be made. 

Comment 81 – Reg. 19.1004(A)(2) – Add a comma after “July 1, 1979”. 

Response 81 – ADEQ agrees with this comment and the change will be made. 

Comment 82 – Reg. 19.1004(D)(1) – Correct the indent formatting to match Reg. 

19.1004(D)(2). 

Response 82 – ADEQ agrees with this comment and the change will be made. 

Comment 83 – Reg. 19.1004(E)(1)(a) – Delete “&” and replace it with “and”(twice). 

Response 83 – ADEQ agrees with this comment and the change will be made. 

Comment 84 – Reg. 19.1004(E)(1)(b) – Delete “&” and replace it with “and” (four times). 

Response 84 – ADEQ agrees with this comment and the change will be made. 

Comment 85 – Reg. 19.1004(E)(1)(b) – Add a space between “July” and “1”. 

Response 85 – ADEQ agrees with this comment and the change will be made. 

Comment 86 – Reg. 19.1004(F)(1) – Capitalize “chapter”. 

Response 86 – ADEQ agrees with this comment and the change will be made. 

Comment 87 – Reg. 19.1004(F)(3) – Correct the citation from “Reg. 9.1005(D) subsection” 

to “Reg. 19.1005(D)”. 

Response 87 – ADEQ agrees with this comment and the change will be made. 

Comment 88 – Reg. 19.1004(F)(3)(a) – Add “or her” after “his”. 

Response 88 – ADEQ agrees with this comment and the change will be made. 

Comment 89 – Reg. 19.1004(F)(5) – Spell out all numbers and place the numeric in 

parentheses except references to regulations. 

Response 89 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 90 – Reg. 19.1004(F)(5) – Define “cm” here or in Chapter 2. 

Page 13 of 33 EXHIBIT B 
Response 90 – ADEQ agrees. “cm” means centimeter. Reg. 19.1004(F)(5) will be revised to 

read “... centimeter (cm)...” 

Comment 91 – Reg. 19.1004(G)(2) – Remove “paragraph 1” and replace it with “Reg. 

19.1004(G)(1)”.

Response 91 – ADEQ agrees with this comment and the change will be made. 

Comment 92 – Reg. 19.1005(B)(1) – Define “psia” here or in Chapter 2.

Response 92 – ADEQ agrees. “psia” means pounds-force per square inch absolute. Reg. 

19.1005(B)(1) will be revised to read “...kilopascals (1.52 pounds-force per square inch 

absolute (psia)...” 

Comment 93 – Reg. 19.1005(B)(1)(b) – Remove “(a) above” and replace it with “Reg. 

19.1005(B)(1)(a)”. 

Response 93 – ADEQ agrees with this comment and the change will be made. 

Comment 94– Reg. 19.1005(B)(2) – Remove “(1)(b)&(c) of this section” and replace it 

with “Reg. 19.1005(B)(1)(b) and (c)”. 

Response 94 – ADEQ agrees with this comment and the change will be made. 

Comment 95 – Reg. 19.1005(C) – Spell out all numbers and place the numeric in 

parentheses.

Response 95 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 96 – Reg. 19.1005(C) – Define “degrees C” and “0F” here or in Chapter 2 or 

spell out what the C and 0F stand for. 

 

Response 96 – ADEQ agrees. “Degrees C” and “0F” mean degrees Celsius and degrees 

Fahrenheit. Reg. 19.1005(C) will be revised to read “...15 degrees Celsius (0C) (59 degrees 

Fahrenheit [0F]).” 

 

Comment 97 – Reg. 19.1005(D)(1)(b) – Spell out all numbers and place the numeric in 

parentheses. 

Response 97 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 98 – Reg. 19.1005(D)(1)(b) – Define “in. of H2O” here or in Chapter 2. 

Page 14 of 33 EXHIBIT B 
Response 98 – ADEQ agrees. “in. of H2O” means inches of water. Reg. 19.1005(D)(1)(b) 

will be revised to read “inches of water (in. of H2O).” 

Comment 99 – Reg. 19.1005(D)(1)(b) – Delete “this chapter” and replace it with “Reg. 

19.1005(D)(1)(a)”.

Response 99 – ADEQ agrees with this comment and the change will be made. Reg. 

19.1005(D)(1)(b) will be revised to read “...during the testing required in “Reg. 

19.1005(D)(1)(a);...” 

Comment 100– Reg. 19.1005(D)(1)(c) – Spell out all numbers and place the numeric in 

parentheses except those that refer to regulations.

Response 100 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 101 – Reg. 19.1005(D)(1)(c) – Delete “this chapter” and replace it with “Reg. 

19.1005(D)(1)(b)”. 

Response 101 – ADEQ agrees with this comment and the change will be made. Reg. 

19.1005(D)(1)(c) will be revised to read “...not meet the criteria of Reg. 19.1005(D)(1)(b).” 

Comment 102 – Reg. 19.1005(D)(2)(a)(i) – Spell out all numbers and place the numeric in 

parentheses. 

Response 102 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 103 – Reg. 19.1005(D)(2)(a)(ii) – Spell out all numbers and place the numeric in 

parentheses except those that refer to regulations. 

Response 103 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 104 – Reg. 19.1005(D)(2)(b) – Spell out all numbers and place the numeric in 

parentheses except those that refer to regulations. 

Response 104 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Page 15 of 33 EXHIBIT B 
Comment 105 – Reg. 19.1005(E)(1)(a) – Define “kg”, “l”, “lb” and “gal” here or in 

Chapter 2. 

Response 105 – ADEQ agrees. “kg” was defined earlier (see Comment 65). “l”, “lb” and 

“gal” mean liter, pound and gallon respectively. Reg. 19.1005(E)(1)(a) will be revised to read 

“0.52 kg/liter (l) 4.3 pounds per gallon [lb/gal])...”

Comment 106 – Reg. 19.1005(E)(1)(a) – Spell out all numbers and place the numeric in 

parentheses. 

Response 106 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 107 – Reg. 19.1005(E)(1)(b) – Spell out all numbers and place the numeric in 

parentheses. 

Response 107 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 108 – Reg. 19.1005(E)(1)(c) – Spell out all numbers and place the numeric in 

parentheses. 

Response 108 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 109 – Reg. 19.1005(E)(1)(d) – Spell out all numbers and place the numeric in 

parentheses. 

Response 109 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 110 – Reg. 19.1005(E)(3)(b) – Spell out all numbers and place the numeric in 

parentheses. 

Response 110 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 111 – Reg. 19.1005(E)(3)(b) – Delete “volatile organic compounds” and the 

parentheses around “VOC”. This has already been defined in Chapter 2. 

Response 111 – ADEQ agrees with this comment and the change will be made. 

Page 16 of 33 EXHIBIT B 
Comment 112 – Reg. 19.1005(E)(4) – Delete “&” and replace it with “and”. 

Response 112 – ADEQ agrees with this comment and the change will be made. 

Comment 113 – Reg. 19.1005(F)(2)(a) – Spell out all numbers and place the numeric in 

parentheses. 

Response 113 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 114 – Reg. 19.1005(F)(2)(a) – Define “bbls” here or in Chapter 2. 

Response 114 – ADEQ agrees. “bbls” means barrels. Reg. 19.1005(F)(2)(a) will be revised to 

read “...(10,000 barrels [bbls])...”

Comment 115 – Chapter 11 – Specify that Regulation 26 is Arkansas Pollution Control 

and Ecology Commission’s, Regulation 26, Regulations of the Arkansas Operating Air 

Permit Program. 

Response 115 – ADEQ agrees with this comment and the change will be made. Chapter 11 of 

Regulation 19 will read as follows: “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 Regulation 26 which are hereby 

incorporated by reference.” 

Comment 116 – Reg. 19.1301 – Delete “volatile organic compounds” and the parentheses 

around “VOC”. This has already been defined in Chapter 2. 

Response 116 – ADEQ agrees with this comment and the change will be made. 

Comment 117 – Reg. 19.1303(G)(2) – Spell out all numbers and place the numeric in 

parentheses. 

Response 117 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 118 – Reg. 19.1303(G)(2) – Add “or her” after “his”. 

Response 118 – ADEQ agrees with this comment and the change will be made. 

Comment 119 – Reg. 19.1303(G)(3) – Spell out all numbers and place the numeric in 

parentheses. 

Page 17 of 33 EXHIBIT B 
Response 119 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 120 – Reg. 19.1303(Q) – Spell out all numbers and place the numeric in 

parentheses. 

Response 120 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 121 – Reg. 19.1303(Q) – Explain the abbreviation “ppm” here or in the 

definitions. 

Response 121 – ADEQ agrees. “ppm” was defined earlier. See Comment 64. 

Comment 122 – Reg. 19.1304(B) – Spell out all numbers and place the numeric in 

parentheses. 

Response 122 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 123 – Reg. 19.1304(D) – Spell out all numbers and place the numeric in 

parentheses. 

Response 123 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 124 – Reg. 19.1304(E) – Spell out all numbers and place the numeric in 

parentheses. 

Response 124 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 125 – Reg. 19.1308(A)(2) – Spell out all numbers and place the numeric in 

parentheses. 

Response 125 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Page 18 of 33 EXHIBIT B 
Comment 126 – Reg. 19.1308(D) – Spell out all numbers and place the numeric in 

parentheses. 

Response 126– There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 127 – Reg. 19.1309(C) – Spell out all numbers and place the numeric in 

parentheses. 

Response 127 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 128 – Reg. 19.1310(D) – Spell out all numbers and place the numeric in 

parentheses. 

Response 128 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 129 – Reg. 19.1311(A)(1) – Spell out all numbers and place the numeric in 

parentheses. 

Response 129 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 130 – Reg. 19.1311(A)(2) – Spell out all numbers and place the numeric in 

parentheses. 

Response 130 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 131 – Reg. 19.1312(B) – Spell out all numbers and place the numeric in 

parentheses. 

Response 131 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 132 – Reg. 19.1312(B)(1) through Reg. 19.1312 (B)(3) – Spell out all numbers 

and place the numeric in parentheses. 

Page 19 of 33 EXHIBIT B 
Response 132 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 133 – Reg. 19.1402 – Spell out all numbers and place the numeric in 

parentheses except dates. 

Response 133 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 134 – Reg. 19.1403(A) – Spell out all numbers and place the numeric in 

parentheses except dates and references to regulations. 

Response 134 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 135 – Reg. 19.1404(A) – Delete “paragraph (B) of this section” and replace it 

with “Reg. 19.1404(B)”. 

Response 135 – ADEQ agrees with this comment and the change will be made. 

Comment 136 – Reg. 19.1404(A) – Spell out all numbers and place the numeric in 

parentheses except dates and references to regulations. 

Response 136 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 137 – Reg. 19.1404(B) – Delete “paragraph (A) of this section” and replace it 

with “Reg. 19.1404(A)”. 

Response 137 – ADEQ agrees with this comment and the change will be made. 

Comment 138 – Reg. 19.1404(B) – Spell out all numbers and place the numeric in 

parentheses except dates and references to regulations. 

Response 138 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 139 – Reg. 19.1404(B) – Delete “paragraph (E) of this section” and replace it 

with “Reg. 19.1404(E)”. 

Response 139 – ADEQ agrees with this comment and the change will be made. 

Page 20 of 33 EXHIBIT B 
Comment 140 – Reg. 19.1404(C) – Delete “paragraph (B) of this section” and replace it 

with “Reg. 19.1404(B)”. 

Response 140 – ADEQ agrees with this comment and the change will be made. 

Comment 141 – Reg. 19.1404(D) – Delete “paragraph (A) of this section” and replace it 

with “Reg. 19.1404(A)”. 

Response 141 – ADEQ agrees with this comment and the change will be made. 

Comment 142 – Reg. 19.1404(D)(1) – Spell out all numbers and place the numeric in 

parentheses except references to regulations. 

Response 142 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 143 – Reg. 19.1404(D)(2) – Delete “paragraph (B) of this section” and replace it 

with “Reg.19.1404(B)”. 

Response 143 – ADEQ agrees with this comment and the change will be made. 

Comment 144 – Reg. 19.1404(D)(3) – Delete “paragraph (D)(2) of this section” and 

replace it with “Reg. 19.1404(D)(2)”. 

Response 144 – ADEQ agrees with this comment and the change will be made. 

Comment 145 – Reg. 19.1404(D)(4) – Delete “paragraph (D)(2) of this section” and 

replace it with “Reg. 19.1404(D)(2)”. 

Response 145 – ADEQ agrees with this comment and the change will be made. 

Comment 146 – Reg. 19.1404(D)(4)(a) – Delete “paragraphs (D)(2) and (3) of this section” 

and replace it with “Reg. 19.1404(D)(2) and (3)”. 

Response 146 – ADEQ agrees with this comment and the change will be made. 

Comment 147 – Reg. 19.1404(D)(4)(b) – Delete “paragraph (D)(4)(a) of this section” and 

replace it with “Reg. 19.1404(D)(4)(a)”. 

Response 147 – ADEQ agrees with this comment and the change will be made. 

Comment 148 – Reg. 19.1404(D)(4)(d) – Add “19.1404” between “Reg.” and “(D)(4)(a)” 

and delete “paragraph”. 

Page 21 of 33 EXHIBIT B 
Response 148 – ADEQ agrees with this comment and the change will be made. Additionally 

“of this section” will be deleted. 

Comment 149 – Reg. 19.1404(E) – Delete “paragraph (B) of this section” and replace it 

with “Reg. 19.1404(B)”. 

Response 149 – ADEQ agrees with this comment and the change will be made. 

Comment 150 – Reg. 19.1404(E) – Spell out all numbers and place the numeric in 

parentheses except references to regulations. 

Response 150 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 151 – Reg. 19.1501 – Use a lowercase ‘c’ for “chapter”. 

Response 151 – ADEQ agrees with this comment and the change will be made. 

Comment 152 – Reg. 19.1502 – Use a lowercase ‘c’ for “chapter”. 

Response 152 – ADEQ agrees with this comment and the change will be made. 

Comment 153 – Reg. 19.1503 – Define “MMbtu” here or in Chapter 2, unless defined in 

40 CFR 51.301 as incorporated by reference. 

Response 153 – ADEQ agrees. “MMbtu” means Million British Thermal Units. Reg. 19.1503 

will be revised to read “...[million British thermal units (MMbtu)/hour...”

Comment 154 – Reg. 19.1503 Number 3. – Add a comma after “Packaging”. 

Response 154 – ADEQ agrees with this comment and the change will be made. 

Comment 155 – Reg. 19.1503 Number 3. – Add a period after “LLC”. 

Response 155 – ADEQ agrees with this comment and the change will be made. 

Comment 156 – Reg. 19.1504(A) – Add a period after “E” in “Carl E Bailey”. 

Response 156 – ADEQ agrees with this comment and the change will be made. 

Comment 157 – Reg. 19.1504 – There are two (A)s. Correct the outline. 

Response 157 – ADEQ agrees with this comment and the change will be made. 

Page 22 of 33 EXHIBIT B 
Comment 158 – Reg. 19.1504(A)(first) – Move the period before “Ashdown” to 

immediately after “Inc.”. 

Response 158 – ADEQ agrees that the comma is misplaced and will be moved to immediately 

after “Industries”. 

 

Comment 159 – Reg. 19.1504(A)(second) – Spell out all numbers and place the numeric in 

parentheses. 

Response 159 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 160 – Reg. 19.1505(A)(1) – Spell out all numbers and place the numeric in 

parentheses. 

Response 160 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 161 – Reg. 19. 1505(A)(2) – Spell out all numbers and place the numeric in 

parentheses. 

Response 161 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 162 – Reg. 19.1505(B) – Add a period after “E”. 

Response 162 – ADEQ agrees with this comment and the change will be made. 

Comment 163 – Reg. 19.1505(B) – Spell out all numbers and place the numeric in 

parentheses. 

Response 163 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 164 – Reg. 19.1505(C) – Spell out all numbers and place the numeric in 

parentheses except those that refer to regulations or source numbers. 

Response 164 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Page 23 of 33 EXHIBIT B 
Comment 165 – Reg. 19.1505(D)(1) – Spell out all numbers and place the numeric in 

parentheses. 

Response 165 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 166 – Reg. 19.1505(D)(1) – The abbreviation “SO2” has already been explained 

in Reg. 19.1505(A)(1). Delete “sulfur dioxide”. 

Response 166 – ADEQ agrees with this comment and the change will be made and the 

parentheses around SO2 will also be deleted. 

Comment 167 – Reg. 19.1505(D)(2) – Spell out all numbers and place the numeric in 

parentheses. 

Response 167 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 168 – Reg. 19.1505(D)(2) – The abbreviation “NOx” has already been explained 

in Reg. 19.1505(A)(1). Delete “nitrogen oxides”. 

Response 168 – ADEQ agrees with this comment and the change will be made and the 

parentheses around NOx will also be deleted. 

Comment 169 – Reg. 19.1505(D)(3) – Spell out all numbers and place the numeric in 

parentheses. 

Response 169 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 170 – Reg. 19.1505(E)(1) – Spell out all numbers and place the numeric in 

parentheses. 

Response 170 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 171 – Reg. 19.1505(E)(1) – The abbreviation “SO2” has already been explained 

in Reg. 19.1505(A)(1). Delete “sulfur dioxide”. 

Response 171 – ADEQ agrees with this comment and the change will be made and the 

parentheses around SO2 will also be deleted. 

Page 24 of 33 EXHIBIT B 
Comment 172 – Reg. 19.1505(E)(2) – Spell out all numbers and place the numeric in 

parentheses. 

Response 172 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 173 – Reg. 19.1505(E)(2) – The abbreviation “NOx” has already been explained 

in Reg. 19.1505(A)(1). Delete “nitrogen oxides”. 

Response 173 – ADEQ agrees with this comment and the change will be made and the 

parentheses around NOx will also be deleted. 

Comment 174 – Reg. 19.1505(E)(3) – Spell out all numbers and place the numeric in 

parentheses. 

Response 174 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 175 – Reg. 19.1505(F)(1) – Spell out all numbers and place the numeric in 

parentheses. 

Response 175 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 176 – for Reg. 19.1505(F)(1) – The abbreviation “SO2” has already been 

explained in Reg. 19.1505(A)(1). Delete “sulfur dioxide”. 

Response 176 – ADEQ agrees with this comment and the change will be made and the 

parentheses around SO2 will also be deleted. 

Comment 177 – Reg. 19.1505(F)(2) – Spell out all numbers and place the numeric in 

parentheses. 

Response 177 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 178 – Reg. 19.1505(F)(2) – The abbreviation “NOx” has already been explained 

in Reg. 19.1505(A)(1). Delete “nitrogen oxides”. 

Response 178 – ADEQ agrees with this comment and the change will be made and the 

parentheses around NOx will also be deleted. 

Page 25 of 33 EXHIBIT B 
Comment 179 – Reg. 19.1505(F)(2) – Format the “x” in “NOx” to be subscript. 

Response 179 – ADEQ agrees with this comment and the change will be made. 

Comment 180 – Reg. 19.1505(F)(3) – Add the date this chapter was initially effective (i.e. 

“...emission limit as of October 15, 2007, satisfies the BART...”). 

Response 180 – ADEQ agrees with this comment and the change will be made. 

Comment 181 – Reg. 19.1505(G)(1) – Spell out all numbers and place the numeric in 

parentheses. 

Response 181 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 182 – Reg. 19.1505(G)(1) – The abbreviation “SO2” has already been explained 

in Reg. 19.1505(A)(1). Delete “sulfur dioxide”. 

Response 182 – ADEQ agrees with this comment and the change will be made and the 

parentheses around SO2 will also be deleted. 

Comment 183 – Reg. 19.1505(G)(2) – Spell out all numbers and place the numeric in 

parentheses. 

Response 183 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 184 – Reg. 19.1505(G)(2) – The abbreviation “NOx” has already been explained 

in Reg. 19.1505(A)(1). Delete “nitrogen oxides”. 

Response 184 – ADEQ agrees with this comment and the change will be made and the 

parentheses around NOx will also be deleted. 

Comment 185 – Reg. 19.1505(G)(2) – Format the “x” in “NOx” to be subscript. 

Response 185 – ADEQ agrees with this comment and the change will be made. 

Comment 186 – Reg. 19.1505(G)(3) – Add the date this chapter was initially effective (i.e. 

“...emission limit as of October 15, 2007, satisfies the BART...”). 

Response 186 – ADEQ agrees with this comment and the change will be made. 

Comment 187 – Reg. 19.1505(H) – Format the “x” in “NOx” to be subscript. 

Page 26 of 33 EXHIBIT B 
Response 187 – ADEQ agrees with this comment and the change will be made. 

Comment 188– Reg. 19.1505(I)(1) – Spell out all numbers and place the numeric in 

parentheses.

Response 188 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 189 – Reg. 19.1505(I)(1) – The abbreviation “SO2” has already been explained 

in Reg. 19.1505(A)(1). Delete “sulfur dioxide”. 

Response 189 – ADEQ agrees with this comment and the change will be made and the 

parentheses around SO2 will also be deleted. 

Comment 190 – Reg. 19.1505(I)(2) – Spell out all numbers and place the numeric in 

parentheses. 

Response 190 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 191 – Reg. 19.1505(I)(2) – The abbreviation “NOx” has already been explained 

in Reg. 19.1505(A)(1). Delete “nitrogen oxides”. 

Response 191 – ADEQ agrees with this comment and the change will be made and the 

parentheses around NOx will also be deleted. 

Comment 192 – Reg. 19.1505(I)(2) – Format the “x” in “NOx” to be subscript. 

Response 192 – ADEQ agrees with this comment and the change will be made. 

Comment 193 – Reg. 19.1505(I)(3) – Add the date this chapter was initially effective (i.e. 

“...emission limit as of October 15, 2007, satisfies the BART...”). 

Response 193 – ADEQ agrees with this comment and the change will be made. 

Comment 194 – Reg. 19.1505(J)(1) – Spell out all numbers and place the numeric in 

parentheses. 

Response 194 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 195 – Reg. 19.1505(J)(1) – The abbreviation “SO2” has already been explained 

in Reg. 19.1505(A)(1). Delete “sulfur dioxide”. 

Page 27 of 33 EXHIBIT B 
Response 195 – ADEQ agrees with this comment and the change will be made and the 

parentheses around SO2 will also be deleted. 

Comment 196 – Reg. 19.1505(J)(2) – Spell out all numbers and place the numeric in 

parentheses.

Response 196- There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 197 – Reg. 19.1505(J)(2) – The abbreviation “NOx” has already been explained 

in Reg. 19.1505(A)(1). Delete “nitrogen oxides”. 

Response 197 – ADEQ agrees with this comment and the change will be made and the 

parentheses around NOx will also be deleted. 

Comment 198 – Reg. 19.1505(J)(2) – Format the “x” in “NOx” to be subscript. 

Response 198 – ADEQ agrees with this comment and the change will be made. 

Comment 199 – Reg. 19.1505(J)(3) – Add the date this chapter was initially effective (i.e. 

“...emission limit as of October 15, 2007, satisfies the BART...”). 

Response 199 – ADEQ agrees with this comment and the change will be made. 

Comment 200 – Reg. 19.1505(K) – Format the “x” in “NOx” to be subscript.

Response 200 – ADEQ agrees with this comment and the change will be made. 

Comment 201 –Reg. 19.1505(L) – Spell out all numbers and place the numeric in 

parentheses except those that refer to regulations or source numbers. 

Response 201 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 202 – Reg. 19.1505(M)(1) – Spell out all numbers and place the numeric in 

parentheses. 

Response 202 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 203 – Reg. 19.1505(M)(1) – The abbreviation “NOx” has already been 

explained in Reg. 19.1505(A)(1). Delete “nitrogen oxides”. 

Page 28 of 33 EXHIBIT B 
Response 203 – ADEQ agrees with this comment and the change will be made and the 

parentheses around NOx will also be deleted. 

Comment 204 – Reg. 19.1505(J)(2) – Reg. 19.1505(M)(1) – Make the “x” in “NOx” 

subscript. 

Response 204 – ADEQ agrees with this comment and the change will be made. 

Comment 205 – Reg. 19.1505(M)(2) – Add the date this chapter was initially effective (i.e. 

“...emission limit as of October 15, 2007, satisfies the BART...”). 

Response 205 – ADEQ agrees with this comment and the change will be made. 

Comment 206 – Reg. 19.1505(N)(1) – Spell out all numbers and place the numeric in 

parentheses. 

Response 206 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 207 – Reg. 19.1505(N)(1) – The abbreviation “SO2” has already been explained 

in Reg. 19.1505(A)(1). Delete “sulfur dioxide”. 

Response 207 – ADEQ agrees with this comment and the change will be made the parentheses 

around SO2 will also be deleted. 

Comment 208 – Reg. 19.1505(N)(2) – Spell out all numbers and place the numeric in 

parentheses. 

Response 208 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 209 – Reg. 19.1505(N)(2) – The abbreviation “NOx” has already been explained 

in Reg. 19.1505(A)(1). Delete “nitrogen oxides”. 

Response 209 – ADEQ agrees with this comment and the change will be made and the 

parentheses around NOx will also be deleted. 

Comment 210 – Reg. 19.1505(N)(2) – Format the “x” in “NOx” to be subscript. 

Response 210 – ADEQ agrees with this comment and the change will be made. 

Comment 211 – Reg. 19.1505(N)(3) - Define “PM2.5” here or in Chapter 2, unless this is 

defined in the definitions which were incorporated by reference. 

Page 29 of 33 EXHIBIT B 
Response 211 – ADEQ agrees with this comment. PM2.5 will be defined in Chapter 2 of 

Regulation 19 as “‘PM2.5’ means particulate matter with an aerodynamic diameter less than or 

equal to a nominal two and one-half (2.5) micrometers.”

Comment 212 – Reg. 19.1505(N)(3) – Spell out all numbers and place the numeric in 

parentheses.

Response 212 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 213 – Reg. 19.1506 – Delete “19.15005” and replace it with “Reg. 19.1505”. 

Response 213 – ADEQ agrees with this comment and the change will be made. 

Comment 214 – Reg. 19.1507 – Specify that Regulation 26 is the Arkansas Pollution 

Control and Ecology Commission’s, Regulation 26, Regulations of the Arkansas 

Operating Air Permit Program. 

Response 214 – ADEQ agrees with this comment and this comment was addressed earlier in 

Comment 115. No change was made as a result of this comment. 

Comment 215 – The page numbering for Appendix A is different between Regulation 18 

and Regulation 19. Use a consistent page numbering system. 

Response 215 – ADEQ agrees with this comment and the change will be made in Regulation 

19. Page numbering will follow the following scheme A-1. 

Comment 216 – Appendix A – Define “NSPS” here or in Chapter 2. 

Response 216 – ADEQ agrees with this comment and this comment was addressed earlier in 

Comment 55. No change was made as a result of this comment.

Comment 217 – Appendix A – Define “NESHAP” here or in Chapter 2. 

Response 217 – ADEQ agrees with this comment and the change will be made as follows 

“...(such as NSPS, National Emission Standard for Hazardous Air Pollutants [NESHAP]...” 

Comment 218 – Appendix A – Define “MACT” here or in Chapter 2.

Response 218 – ADEQ agrees with this comment and the change will be made as follows 

“...(such as NSPS, National Emission Standards for Hazardous Air Pollutants [NESHAP], 

Maximum Achievable Control Technology [MACT])...” 

Page 30 of 33 EXHIBIT B 
Comment 219 – Appendix A, Group A 1. – Spell out all numbers and place the numeric in 

parentheses.

Response 219 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 220 – Appendix A, Group A 1. – Define “BTU” here or in Chapter 2. 

Response 220 – ADEQ agrees. “Million BTU” is used in the text. “MMbtu” was defined 

earlier. See Comment 153. Appendix A, Group A 1.will read as follows “...less than 10 

MMbtu per hour...” 

Comment 221 – Appendix A, Group A 2. – Spell out all numbers and place the numeric in 

parentheses. 

Response 221 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 222 – Appendix A, Group A 3. – Spell out all numbers and place the numeric in 

parentheses. 

Response 222 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 223 – Appendix A, Group A 5. – Spell out all numbers and place the numeric in 

parentheses. 

Response 223 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 224 – Appendix A, Group A 6. – Add a hyphen between “non” and 

“commercial”.

Response 224 – ADEQ agrees with this comment and the change will be made. 

Comment 225 – Appendix A, Group A 7. – Spell out all numbers and place the numeric in 

parentheses. 

Response 225 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Page 31 of 33 EXHIBIT B 
Comment 226 – Appendix A, Group A 8. – Spell out all numbers and place the numeric in 

parentheses. 

Response 226 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 227 – Appendix A, Group A 9. – Spell out all numbers and place the numeric in 

parentheses. 

Response 227 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 228 – Appendix A, Group A 10. – Spell out all numbers and place the numeric 

in parentheses. 

Response 228 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 229 – Appendix A, Group A 11. – Spell out all numbers and place the numeric 

in parentheses. 

Response 229 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 230 – Appendix A, Group A 12. – Spell out all numbers and place the numeric 

in parentheses. 

Response 230 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 231 – Appendix A, Group A 13. – Spell out all numbers and place the numeric 

in parentheses. 

Response 231 – There is no guidance on the proper formatting of numbers in the ADEQ’s and 

Arkansas Pollution Control and Ecology Commission’s Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 232 – Appendix A, Group B 14. – Change “sources’” to “source’s”. 

Response 232 – ADEQ agrees with this comment and the change will be made. 

Page 32 of 33 EXHIBIT B 
Comment 233 - Appendix A, Group B 75. - Define "Ie" here or in Chapter 2.

Response 233 - The change will be made as follows" ...including internal combustion

engines..... Since Ie is not used as an abbreviation in any other place in this regulation, there is

no need to abbreviate it.

Prepared by:

Arkansas Department of

Environmental Quality

By: -----:'!"~~~~~""':::::::L-- __ Mike Bates

Page 33 of 33 EXHIBIT B