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;'::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 SL m 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~

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MB:jb Enclosures

# FILED Pollution Comro) and EcoJogyC6mmiSSlOn'# .014.00-019**~.J:.** i.,..;

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# ECOLOGY COMMISSION

REGULATION NO. 19 REGULATIONS OF THE ARKANSAS PLAN OF IMPLEMENTATION FOR AIR POLLUTION CONTROL

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

Table of Contents

Tab A Governor’s Submittal Letter

Tab B Introduction Tab C Evidence of Arkansas’s Adop tion 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 SummaryArkansas State Implem entation 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 J anuary 25, 2009. The amended regulation is now subject to United States Environmental Protection Agency (“EPA”) approval. Regulation Number 19 is applicable to any stat ionary 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 modifi cation 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 refe rring to disclosure statements and replacing it with a reference to R egulation Number 8, Administrative Procedures, which contai ns 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 ca rbon monoxide to 75 tpy; from 20 tpy for nitrogen dioxides, sulfur dioxides, or volatile organic compounds to 40 tpy; and De Minimis levels for particula te 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 refer ence 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 Flex ibility-Applicant’s Duty to Apply for Alternative Scenarios; Reg. 19.415, Changes Resulting in No Emission Increases; and Reg. 19.416, Permi t Flexibility. Reg. 19.414 allows facilities to implement certain operating scenarios allowed for in the Regulation without obtaining a permit revision or not ifying 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 Depar tment to grant limited extensions to some testing, co mpliance or other dates in the permit. The Department may also allow tempor ary emissions and/or testing that would otherwise exceed a permitted emi ssion 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 Impl ementation Plan (“SIP”). The change is an update of federal regulations that are incor porated by reference. The change makes

Page 1 of 6Arkansas 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 6Arkansas 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 NO x 25 40 SO 2 25 40 VOC 25 40 PM 10 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 NO x 20 40 SO 2 20 40 VOC 20 40

PM None 25 PM 10 None 15 Lead 0.5 0.5

During the regulatory revision process, ADEQ staff reviewed permitt ed facilities in order to determine which facilities with permits would no longer be required to have one under the new regulation. ADEQ det ermined that there were 77 fa cilities with permits that had permitted emissions below the new proposed pe rmit thresholds. Of these facilities, 51 had permitted emissions below the old permit thresholds but re tained 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 w ould 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 facilit ies are detailed in Appendix

Page 3 of 6Arkansas State Implementation Plan Revision Introduction I. The total permitted emissions from these facilities and t heir percentage of the entire statewide inventory are listed below.
Table III Emissions from Facilities No Longer Required to Have Permits Pollutant PM 10 SO 2 VOC CO NO x 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 be low the emission percentages from unregulated minor sources under EPA’s proposed Federal Implementation Plan (FIP) titled “Review of New Sources and Modi fications in Indian Country.” Table IV shows this comparison. The percentages shown represent the amounts that unregulated minor sources have on total emissi ons 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 th e docket for the proposed rulemaking.
Table IV Comparison of Arkansas ’s SIP to Proposed FIP Pollutant PM 10 SO 2 VOC CO NO x 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 ar e found throughout the state. ADEQ has submitted a maintenance plan for Critt enden 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 th resholds for sources in Arkansas, the allowable emission limits are not being chan ged for any source. Therefore, these revisions do not limit the Department’s ability to meet the Nationa l Ambient Air Quality Standards, Prevention of Signi ficant Deterioration incr ements, Reasonable Further Progress demonstrations or visibility goals.

Page 4 of 6Arkansas 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 limitati ons, work practice standards or recordkeeping/reporting requirements porti ons of this SIP. Furthermore, the Department’s existing compliance and enforcem ent strategies will remain in place. Special economic and technological justificat ions 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 stat e, and do not require special, new or different technologies to be used by the affected facilities.

Page 5 of 6Arkansas 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 6.8 190.3 175.7 324.5ARKANSAS 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 of the Arkansas Plan of Implementation for Air Pollution Control.

PRO MULGA TED THIS 5 th DAY OF DECEMBER, 2008, BY ORDER OF THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION.

BY:

## W~Dt~**~~** William Thompson, Chairman

ATTEST:

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## MaIh, Director

APPROVED: --+--+------==-------**COMMI~~ERS**

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

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# h D. Hendrix C. McGrew

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

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### ( 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** :, , ,","\ \ Cha rl iesD>.ahiels**Secr~Q..f.§tate...** .,,,----- State Capitol Room 026 Little Rock, Arkansas 72201-1094 (501) 682-3527 For Office Use Only: Code Number Effective Date

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 State Agency

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

The State’s legal authority to adopt and impl ement this State Implementaito Plan revision can be found in Arkansas Code Annot ated (A.C.A.) § 8-1-203(b)(1).8-1-203. Powers and responsibilities of th e Arkansas Pollution Control and Ecology Commission. (a)The Arkansas Pollution Control and Ec ology Commission shall meet regularly in publicly noticed open meetings to discu ss 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 regul ations, 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, includ ing those entities that will be subject to the regulation. (C)The commission shall promptly initiate ru lemaking proceedings to further implement the analysis required under subdi vision (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 re quired under subdivision (b)(1)(C) of this section. It will include a written report whic h 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 de monstrating 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 n ecessary to secure public participation in environmental decision-making processes; (3)Promulgation of rules a nd regulations governing administrative procedures for challenging or contesting department actions; (4)In the case of permitting or grants decisi ons, 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 enfor cement 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 re garding overall policy and administration of the department. However, the director shall al ways remain within the plenary authority of the Governor; and (8)Upon a majority vote, initiate re view of any director's decision. (c)(1)In providing for adjudicatory review as contemplated by subdi visions (b)(4) and (5) of this section, the commission may appoint one (1) or more administrative hearing officers. The administrative hearing officers sh all at all times serv e as agents of the commission. (2)In hearings upon appeals of permitting or grants decisions by the di rector 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 de liberation, submit his or her recommended decision to the commission. (3)(A)(i)Commission review of any appealed or contested matter sha ll be upon the record compiled by the administrative hearing offi cer 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 estab lished 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 re verse, such decision shall constitute final agency action for purposes of appeal. (4)Any party aggrieved by the commissi on decision may appeal as provided by applicable law. (d)The chair of the Arkansas Pollution Control and Ecology Co mmission 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 Ai 

### TABLE OF CONTENTS

CHAPTER 1: TITLE, INTEN T, 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 TH E 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 Am endments ................................................................................... 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-Applican t'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 EMI SSIONS LIMITATIONS APPLICABLE TO EQUIPMENT... 5-1ii Reg. 19.501 Purpose ....................................................................................................... 5-1 Reg. 19.502 General Regulations ................................................................................... 5-1 Reg. 19.503 Visible E e mission R r egulations ................................................................. 5-1 Reg. 19.504 Stack H h eight /D d ispersion R r egulations ................................................... 5-2 Reg. 19.505 Revised E e missions L l imitation................................................................. 5-2 CHAPTER 6: UPSET AND EM ERGENCY CONDITIONS.................................................... 6-1 Reg. 19.601 Upset C c onditions ...................................................................................... 6-1 Reg. 19.602 Emergency C c onditions.............................................................................. 6-2 CHAPTER 7: SAMPLING, MONITORING, AND REPORT ING 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) DESI GNATED FACILITIES................................................................. 8-1 Reg. 19.801 Purpose ....................................................................................................... 8-1 Reg. 19.802 Permit Emissions Limitations ..................................................................... 8-1 Reg. 19.803 Sulfuric Acid Plants (H 2 SO 4 Mist)............................................................. 8-1 Reg. 19.804 Kraft Pulp Mills (TRS)............................................................................... 8-1 CHAPTER 9: PREVENTION OF SI GNIFICANT 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 TH E 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 fF or Specific Processes....................................................... 10-13 Reg. 19.1006 Severability........................................................................................... 10-18 CHAPTER 11: MAJOR SOURCE PERMITTING PROCEDURES....................................... 11-1 CHAPTER 12: [RESERVED].................................................................................................. 12-1iii 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 NO X 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 NO x Ozone Season Allowance Allocations ......................................................................................... 14-1 Reg. 19.1404 CAIR NO x 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: INSIGNIFI CANT ACTIVITIES LIST.................................................................11-1 

### CHAPTER 1: TITLE, INTENT, AND PURPOSE

Reg. 19.101 Title
The following rules and regulations, adopted in acco rdance 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 statio nary source which has the potential to emit any federally regulated air pollutant.
Reg. 19.103 Intent and Construction
(A) The pur pose and intent of Regulation 19, as amended, is to provide a clear delineation of those regulations that are promulgated by the Commission in sa tisfaction 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 Regulation s [ 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), a nd certain delegated subparts of the National Emission Standa rds 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 program s 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 fede ral law. Regulation 19, as amended, is also intended to facilitate a permit system fo r stationary sources within the State, which1-2 permit shall provide which provisions are fe derally 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 re quired to apply for and comply with only one permit, even though that permit may contain condi tions derived from the federal mandates contained in Regulation 19, as well as condi tions predicated sole ly on state law. Regulation 19, through construction or imp lication, shall not s upport the conclusion that all conditions of a permit have become federally enforceable because the permit contains provisions derived from Regulati on 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 manne r that promotes a streamlined permitting process, mitigation of regulatory costs, and flexibility in maintaining compliance with federal mandates. Any applicable docum ents (e.g. “White Papers,” regulatory preambles, or interpretive me moranda) issued by the Environmental Protection Agency which are consistent with this policy and th e legislative intent of state laws governing air pollution control (A.C.A. § 8-4-301 et seq.) are aids fo r construing the requirements of Regulation 19. Any procedure applicable to major sources that promotes operational flexibility are presumed to be authori zed by this regulation unless manifestly inconsistent with its substantive terms.
(E) Nothing in Regulation 19 shall be constr ued as curtailing the Department’s or Commission’s authorit y under state law.
Reg. 19.104 Severability
If any provision of Regulation 19 is determined to be invalid, such inva lidity 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 th e federal Clean Air Act. For purposes of this regulation:

“12-month period” means a period of 12 consecutive mont hs determined on a rolling basis with a new 12-month period beginning on th e first day of each calendar month.

“Actual emissions” means the quantity of federally regulated air pollutants emitted from a stationary source considering em issions control equipment and ac tual hours of source operation or amount of material processed.

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

“Construction” means fabrication, erection, or installa tion 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 De partment acting at the di rection 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, pres cribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission2-2 reduction.

“Emission unit” means any article, machine, equipment, operation, or contrivance that emits or has the potential to emit any fede rally 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 sim ilar 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 se q. and its implementing re gulations 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 pract ice, considering technological and economic feasibility, could not pass thr ough a stack, chimney, vent or other functionally-equivalent opening, except that the Department will utilize the definition of fugitive emissions for those2-3 industries for which an approved EPA definition ex ist under federal law or regulation and which are meeting that law or regulation.

“Hazardous Air Pollutant” or “HAP” means any air pollutant liste d 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 ch ange 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 replacemen t 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 ma terial, 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 re duce 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 A ppendix 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.

“PM 2.5 ” means particulate matter with an aerodynamic diameter less than or equal to a nominal two and one-half (2.5) micrometers.

“PM 10 ” means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference me thod 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

.

“PM 10 emissions” means PM 10 emitted to the ambient air as measured by an applicable reference method, or an equivalent or altern ate 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 a nd restrictions on hours of operation or on the type or amount of material com busted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is en forceable to the extent it is2-5 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 determini ng the potential to emit of a stationary source.

“Responsible official” means one of the following:

(A) (1) For a corporation: a president, secretar y, treasurer, or vice president of the corporation in charge of a principal business function, or a ny other person who performs similar policy or decision-ma king 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 s ubject to a permit and either:
(1) (a) The facilities employ more than 250 persons or have gr oss annual sales or expenditures exceeding $25 million (in second quarter 1980 United States dollars); or
(2) (b) The delegation of authority to such re presentative 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 offi cial. For the purposes of this regulation, a principal executive officer of a federal agency includes the chief executive officer having responsibility for th e overall operations of a pr incipal 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 th e 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 federall y regulated air pollutants which, although associated with a source, ar e 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 modificatio n 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 ar e 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 participat es in atmospheric photochemical reactions.
(A) (1) This includes any such organic compound other than the following, which have been determined to have neg ligible 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-tetraf luoroethane (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-difluor oethane (HCFC-142b); 2-chloro-1,1,1,2-tetraf luoroethane (HCFC-124) ; pentafluroreth ane (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 comp letely methylated siloxanes; 3,3-dichloro-1,1,1,2,2-pentafl uoropropane (HCFC-225ca); 1,3-dichloro-1,1,2,2,3-pentafl uoropropane (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-triflu oroethane (HCFC-123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C 4 F 9 OCH 3 or HFE-7100 ); 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3- heptafluoropropane ((CF 3 ) 2 CFCF 2 OCH 3 ); 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C 4 F 9 OC 2 H 5 or HFE 7200 ); 2-(ethoxydifluoromethyl)-1,1,1,2,3,3 ,3-heptafluoropropane ((CF 3 ) 2 CFCF 2 OC 2 H 5 ); methyl acetate; 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C 3 F 7 OCH 3 or HFE-7000); 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(tri fluoromethyl) hexane (HFE7500) 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea); methyl formate (HCOOCH 3 ) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-triflu oromethyl-pentane (HFE-7300); and perfluorocarbon compounds whic h fall into these classes:

(1) (a) cyclic, branched, or linear, completely fluorinated alkanes;
(2) (b) cyclic, branched, or linear, comple tely 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 w ith no saturations and with sulfur bonds only to carbon and fluorine.
(B) (2) For purposes of determining complian ce with emission limits, VOC will be measured by the test methods in the appr oved 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 negl igible photochemical reactivity, these negligibly-reactive compounds may be excl uded 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 co mpounds as VOC or at any time thereafter, the Department may require an owner or operator to provide monitoring or testing results demonstrati ng, 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 fo r purposes of all recordkeeping, emissions reporting, photochemical di spersion modeling and inventory requirements which apply to VOC and shal l 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 cont ained in 40 CFR Part 50. If any area of the state is determined to be in violation of the NAAQS, all applicable requi rements contained in the Clean Air Act, as amended, an d all regulations promulgated thereto shall be met by the Department.
Reg. 19.302 Department Responsibilities
The Department shall be responsible for taki ng 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 pollu tant 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 fe derally regulated air emission that is the subject of the requirements of this Plan. All computer modeli ng shall be performed using EPA-approved models, and using averag ing times commensurate with averaging times stated in the NAAQS.
Reg. 19.30 3 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, obtai ning a permit from the Department prior to construction of a new source of federally re gulated air pollutant em issions or prior to the modification of an exis ting 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 pollu tion control equipmen t as quickly as possible. If the malfunctioning equipment is causing, or contributin g to, a violation of the NAAQS, as determined by computer modeling, the source is responsible for ceasing operations of the affected equipmen t until such time that it is repaired.
Reg . 19.304 Delegated Federal Programs

Sou rces subject to this regulation shall also comply with all Federal programs that the Department is responsible for administering including certain delegate d 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 delegate d 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 delega ted subparts only apply to major sources. (There are subparts that apply to minor sources, but the Departme nt 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, c onstruction, or modifica tion of a stationary source, whose actual emissions are:

75 40 tons per year or mo re 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 PM 10 ; 0.5 tons per year or more of lead;

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

5.0 3.0 tons per year or more of any co mbination 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 unle ss 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 attain ment 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 a ffect the responsibility of the owner/operator to comply with applicable portions of this regulation.4-2 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 i nformation 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 necessa ry 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 re levant facts or who has submitted incorrect information, shall, upon becoming aware of such fa ilure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide additional information as necessary to address an y relevant requirements that become applicable to the stationary source before fi nal action is taken on its application.
Reg. 19.405 Action on Application
(A) Technical Review
The Department will review the application submitte d under this chapter in order to ensure to their reasonable satisfaction that:4-3 (1) the stationary source will be constr ucted or modified to operate without interfering with attainment or main tenance of a national ambient air quality standard;
(2) the stationary source will be constructe d 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 constructe d 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 applica tion 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 re gulated 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 in tent 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. § 19.406.4-4 (4) Within 90 days of receipt by the Departme nt of an initial permit application, or an application for a major modification whic h contains such information as required by the Department (unless said period is extended by mutual agreement between the Department and the a pplicant), the Department shal l 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 inacti on. The Commission shall either grant or deny the peti tion within 45 days of its submittal.
(C) Final Action
The Department shall take final action on a pe rmit 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 unl ess the public has first had an opportunity to comment on the information submitted by the owne r/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 De partment 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, e nding on the date 30 days later);4-5 (3) A publication in a newspaper of general circulation in the area where the source is located or proposes to locat e, 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, sha ll be sent to the owner/operator and to the:
(a) Regional Administrator of the Un ited 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 wher e the equipment is proposed to be constructed or modified; and
(d) appropriate air pollution control ag encies of adjoining states if the construction or modification of th e 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 provide s a similar minor administrative change in the source;
(c) requires more frequent monitoring or reporting by the permittee;
(d) incorporates a change in the perm it 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 wit hout 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 sh all 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” m eans 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 hold s a debt or equity interest of at4-7 least five percent (5%) or wh ich 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 t he 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 b y 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 envir onmental agency and any other environmental agency outsi de this state that has or has had regulatory responsi bility over the applicant;
(ff) Any other information the direct or 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 op erational authorization. The following persons or entities are not required to file a disclosure statement:4-8 (aa) Governmental entities, consis ting only of subdivisions or agencies of the federal government, agencies of the state government, counties, municipal ities, or duly authorized regional solid waste au thorities. 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 g eneral 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 fi le periodic reports under the Securities and Ex change Act of 1934, or a wholly owned subsidiary of a publicly he ld company, the applicant shall not be required to s ubmit a disclosure statem ent, 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 a pplicant has been involved. The applicant shall submit such other information as the director may require that relates to the competency, reliabili ty, or responsibility of the applicant and affiliated persons.
(2) The Director director may deny the issuance or transf er of any permit, license, certification, or operational authority if he or she finds, based upon the disclosure statement and other investigati on which he deems appropriate, that:4-9 (a) The applicant has a history of noncompliance with the environmental laws or regulations of this stat e or any other jurisdiction;
(b) An applicant which owns or operates ot her facilities in the state is not in substantial compliance with, or on a le gally enforceable schedule that will result in compliance with, the environmental laws or regulations of this state; or (c) A person with a history of noncomp liance with environmental laws or regulations of this state or any other jurisdiction is affiliated with the applicant to the extent of being capable of sign ificantly influencing the practices or operations of the applic ant 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) t he change will result in a trivial environmental impact.
(2) The environmental impact of a propose d 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, PM 10 , and sulfur dioxide ; (ii) Forty (40) twenty (20) tons per year of nitrogen dioxides, sulfur dioxides, or volatile organic compounds; and4-10 (iii) Twenty-five (25) one
- half (0.5) ton s per year of particulate matter emissions lead ; (iv) Fifteen (15) tons per year of PM 10 emissions; and
(v) One-half (0.5) a ton per year lead;
(b) or, result in an air quality impact less than:

P p ol lutant De Minimis Concentration Averaging T t ime

carbon monoxide 500 μ g/m 3 8-hour
nitrogen dioxide 10 μ g/m 3 annual

PM 10 8 μ g/m 3 24-hour sulfur dioxide 18 μ g/m 3 24-hour

lead 0.1 μ g/m 3 3-month

(3) The following changes will not be considered De Minimis changes:
(a) any increase in the permitted emissi on rate at a stationa ry source without a corresponding physical change or ch ange 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 cas e-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 rela xation to existing testing, monitoring, reporting, or recordkeeping requirements; or
(g) any proposed change which requir es 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 modifica tion that would not be considered a De Minimis change. The Department will require such multiple applications be processed as a permit modification wi th public notice and reconstruction requirements. Deliberate misrepre sentation 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 no tice 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

Sta tionary 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

Fac ilities which are now subject to this regula tion which were not previously subject to this regulation shall be in full compliance within 180 da ys of the effective date of this regulation. Facilities which are now subject to permitting unde r this regulation which were not previously subject to permitting under this regulation shall su bmit a complete applica tion within 180 days of the effective date of this regulation. The Dir ector may extend this compliance period on a caseby-case basis provided that the total co mpliance period does not exceed one year.
Reg. 19.410 Permit Revocation and Cancellation
(A) Revocation
Any permit issued under this regulation is subjec t 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 construc tion 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 noti ce and opportunity for public part icipation provid ed 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 genera l permits as well. Any general4-13 permit shall comply with all requirements applicab le to other permits and shall identify criteria by which sources may qualify for the general perm it. They shall also include enforceable emission limitations or other control measures, m eans, 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 Depart ment 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 so urce is later determined not to qualify for the conditions and terms of the general permit.
(B) Application

Sou rces that would qualify for a general permit mu st apply to the Depart ment for coverage under the terms of the general permit or must apply fo r permit consistent with this chapter. The Department may grant a source's request for author ization 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 Departme nt, the Department shall cause notice of the application to be published in a news paper 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 th at any interested person may request a public hearing on the permit application by giving the Department a written request within ten (10) da ys 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 firs t class mail, notify the app licant 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 othe r air quality modeling is used to meet the requirements of this chapter.
(A) General4-14 All applications of air quality modeling involved in this chapter shall be based on the applicable models, data bases, and other requirements specified in A a ppendix W of 40 CFR Part 51 (Guideline on Air Quality Models) as of November 9, 2005 August 12, 1996

. (B) Substitution

Whe re 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 sour ce. Written approval of the Administrator of the US EPA must be obtained for any modification or substitution.
Reg. 19.413 Confidentiality

Inf ormation 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 appli cant 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 read ily ascertainable thro ugh, proper means by other persons who can obtain economic va lue from its disclosure or use, and
(2) Is the subject of efforts that are reas onable under the circumstances to maintain its secrecy. (B) In order to establish entitlement to confid entiality, the applicant must submit a sworn affidavit to the Department that is subj ect to public scrutiny which describes in a manner that does not reveal trade secrets, the processes or mark et conditions that supports the applicant’s confiden tiality 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 denial4-15 of public access to the documents or in formation claimed herein to be a trade secret.”

If a n applicant antic ipates numerous permit modifications that may involve regulatory review of trade secrets, it ma y 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 in terim protected status until the Department determines whether the requirements of Reg. 19.413(B) are satisfie d. 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 deem ed confidential until a request is made. If a third party request to review informati on claimed as confidential is received before the Department provides its written determination concerning the claim, the Department shall not release such informa tion before notifying the applicant of the request. The Department shall notify the appl icant 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 applicatio n; one prominently marked as confidential and another that is subject to public review with confidential info rmation excised. The Department will not accept applications th at 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 fo r in a permit may be implemente d 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 anticip ated alternative facility operating scenarios at the time of permit application. The Departme nt 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 f acility that contravene permit terms without a permit revision if the changes:
(A) Are not modifications under any pr ovision 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 th e 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;

pro vided that the facility provide s 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 o ccur, 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 a ny 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 specifi ed in the facility’s permit;
(2) The extension does not viol ate a federal requirement;
(3) The permittee of the facility demonstrat es the need for the extension; and4-17 (4) The permittee of the facility documents th at all reasonable measures have been taken to meet the current deadline a nd documents reasons the current deadline cannot be met.
(B) The Department may grant a request to allo w 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 activit ies shall be authorized until the permitee of the facility receives written approval from the Department. The Department may grant such a request, at its discreti on, 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 emissi ons and/or testing th at would otherwise exceed a permitted emission rate, throughput requirement or other limit in a facility’s permit;
(2) Such a request does not viol ate 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, qua ntification 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 polluta nt, 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 monitori ng alternative will be used at the facility;
(2) Such a request does not viol ate a federal requirement;
(3) The monitoring alternative provides an eq uivalent or greater degree of actual monitoring to the requirements in the facility’s operating permit; and
(4) Any such request, if approved by the Depart ment, is incorporated into the next permit modification application by the permittee of the facility.
Reg . 19.417 Registration
(A) Sources currently holding pe rmits issued pursuant to Regulation 19 but whose emissions are below the permitting threshol ds of 19.401, and above the registration thresholds of Reg. 18.315 may elect to co ntinue to operate under their existing Regulation 19 permit or they may submit a re gistration 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 registrati on under Reg. 18.315 may elect to instead operate under a permit issued in accordance with Reg. 19.402.5-1 

### CHA PTER 5: GENERAL EMISSIONS LIMITATIONS APPLICABLE TO EQUIPMENT

Reg . 19.501 Purpose

The purpose of this chapter is to define the ge neral 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 e ffect as of the effective date of this regulation.
Reg. 19.502 General Regulations
No person shall cause or permit the constructio n 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 Qualit y Standard or ambient air increment (as listed in 40 CFR 52.21).
(B) Any applicable emission limitation promul gated by the United St ates Environmental Protection Agency.
(C) Any applicable emission limitation promulgate d by the Department in this regulation.
Reg. 19.503 Visible E e mission R r egulations
(A) No pers on shall cause or permit visibl e 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% opacit y, 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 emi ssions (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 emi ssion limitations of the New S ource Performance Standards promulgated by the EPA United States Environmental Protection Agency : (1) For incinerators and fuel burning equi pment, exclusively, emissions shall not exceed 20% opacity except that emissi ons 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-minut e period, provided such emissions will not be permitted more than three (3) times during any 24-hour period.
(2) For equipment used in a manufacturi ng process, emissions shall not exceed 20%.
(C) Opacity of visible emissions shall be de termined using EPA Method 9 (40 CFR Part 60, Appendix A).
Reg . 19.504 Stack H h eight/ D d ispersion R r egulations
The stack height provisions of 40 CFR 51.118 are incorporated by reference. The definition of “stack,” “a stack in existence, ” “dispersion technique,” “good e ngineering 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 E e missions L l imitation

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 with in the framework of information presently available to the Department. As additional and more precise information becomes available, the emission limitations and reporting procedur es of this chapter may be amended as described below:
(A) More restrictive limitations to protect th e NAAQS. In accordance wi th the provisions of the federal Clean Air Act, as amende d, and the federal regulations promulgated pursuant to the Clean Air Act, as ame nded, the emission limitations and reporting procedures of this chapter or any applicab le permits may be further amended and made5-3 more restrictive where the Director finds mo re restrictive measures are necessary to assure maintenance of the NAAQS.
(B) Less restrictive limitations. Any person s ubject 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 cons traints. In no case shall the Director approve a less stringent limitation if it woul d cause a violation of the NAA QS. The Director shall not approve a less stringent limitation if it viol ates a federal emission standard or regulation, unless approved according to applicable federal regulations.

The Director shall take into account the followi ng factors when making such determinations:
(1) The process, fuels, and raw materials av ailable and to be employed in the facility involved;
(2) The engineering aspects of the applica tion of various types of control techniques which have been adequately demonstrated;
(3) Process and fuel changes;
(4) The respective costs of the applicati on of all such control techniques, process changes, alternative fuels, etc.; and
(5) Locational and siting considerations.
(C) In any enforcement proceeding, the permittee se eking to establish the occurrence of an emergency has the burden of proof.
(D) This provision is in addition to any emer gency or upset provision contained in any applicable requirement.6-1 

### CHAPTER 6: UPSET AND EMERGENCY CONDITIONS

Reg . 19.601 Upset C c onditions

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 applicab le permit or regulation (such as New Source Performance Standards [ NSPS ] regulations). All upset conditions, resu lting in violation of an applicable permit or regulation, shall be re ported to the Department. A ny source exceeding an emission limit established by the Plan or applicable permit sh all 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 emi ssions given that the person responsible for the source of the excess emi ssions does the following:
(A) Demonstrates to the satisfaction of the Depa rtment 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 brea kdown of equipment to the Department by the end of the next business day after the discovery of the occurrence.
(C) Submit s to the Department, at its request, a full report of such occurrence, including the identification of and loca tion of the process and contro l 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 futu re 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 C c onditions
An “emergency” means any situation arising from the sudden and reasonably unforseeable events beyond the control of the source, includ ing natural disasters, which situation requires immediate corrective action to restore normal ope ration, 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 emerge ncy shall demonstrate through properly signed contemporaneous operating logs, or su ch 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, th e 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. Th is 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, MO NITORING, 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 fe deral 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, re quired 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, compos ition, 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 th e Department. Sampling shall not be required for those pollutants with c ontinuous emissions monitors.
(C) Averaging Times
All compliance testing averaging times shall be consistent with the averaging times of the applicable federally regulated air pollutant emissi ons limitations stated in the applicable permit, which in no case shall be greater than the minimum averaging times of the applicable NAAQS.
(D) Proces s Rates7-2 Unless otherwise approved by the Department, al l federally regulated air pollutant emissions sampling shall be performed with the equipment be ing tested operating at least at 90% of its permitted capacity. Emissions results shall be ex trapolated 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 modifi ed shall be tested within 60 days after achieving its maximum permitted produc tion rate, but no later than 180 days after its initial start-up;
(2) Equipment already operating shall be te sted according to the time frames set forth by the Department.

The Department shall require that all appli cable 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 samp ling methods that are equivalent to the specified methods. The resu lts 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 availabl e 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 requir ed 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 the7-3 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 alte rnative continuous em ission 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 Departme nt 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 pe rmit 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 amount s of federally regulated air pollutants emitted to the air by the equipment in question. All records, including compliance status reports and excess emissi ons measurements shall be retained for at least five (5) years, and shall be made available to a ny agent of the Depart ment 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 pr escribed by applicable federal regulations or the Department. Reporting periods shall be a 12 month period.
(D) Each emission inventory is to be accompan ied by a certifying stat ement, signed by the owner(s) or operator(s) and atte sting that the information c ontained 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

Emi ssions 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) DE SIGNATED FACILITIES

Reg . 19.801 Purpose

The purpose of this chapter is to establish re gulations 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 equi pment located at facilities described in this chapter to be exceeded. Future permit conditions may place more stringent emissions limitations on the equipment which shall supersed e the limitations of this section.
Reg . 19.803 Sulfuric Acid Plants (H 2 SO 4 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 ( H 2 SO 4 ) mist/ton 100% acid.
(2) [RESERVED]
(B) Compliance testing shall be performe d 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) em issions limitations are contained in Table 19.8.1.

(1) International Paper Compa ny (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 Corpora tion (AFIN 0200013) of Crossett.
(5 ) Georgia-Pacific Corpor ation (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 sh all 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 designat ed facilities shall c onduct TRS continuous monitoring in accordance with the requirement s of 40 CFR 60.284 (date of installation not withstanding). The continuous monitoring system s shall be operated accor ding to the provisions of 40 CFR 60.284 by April 1, 1993, excep t that continuous emissions mo nitors for affected lime kilns shall be installed and certified by January 1, 1994.

Table 19.8.1 Kraft Pulp Mill TRS Emission Limits

AFIN Fac ility 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/kg8-4 Recovery Furnaces – measured as hydrogen sulfide (H 2 S ) on a dry basis and on a 12 hour average, corrected to 8% by volume oxygen. Lime Kilns – measured as H 2 S on a dry basis and on a 12 hour av erage, corrected to 10% volume oxygen. Smelt Dissolving Tanks – measured as grams H 2 S/kg black liquor solids on a 12 hour average. Digesters and Evaporators – efficient incinera tion of non-condensible ga ses (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 Arka nsas Pollution Control and Ecology Commission, adopted in accordance with the provisions of Pa rt 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 th e Arkansas Plan of Implementation for Air Pollution Control, hereinafter referred to, respectivel y, as the “PSD Regulations.”
Reg. 19.902 Purposes
Promulgation and enforcement of these PSD Regulat ions is intended to further the purposes of the Plan and the Regulations of the Plan, incl uding, but not limited to, acceptance of delegation by the EPA U.S. Environmenta l Protection Agency of authority for enfo rcement of regulations governing the prevention of significa nt deterioration of air qualit y and regulations governing the protection of visibility in ma ndatory Class I federal areas.
Reg. 19.903 Definitions
(A) "Advance notification" (of a permit application) means any written communication which establishes the applicant's intenti on to construct, and which provides the Department with sufficient information to determine that the proposed source may constitute a major new source or major modi fication, 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 C c hapter 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 incons istent with the context in which they are used. Wherever there is a difference between the definitions in C c hapter 2 of Regulation 19 and those listed in 40 CFR 52.21( b) and 40 CFR 51.301, the federal9-2 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 maintenan ce, 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 a dopted 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 Stat e of Arkansas, granted to the Administrator of the EPA U.S. Environme ntal 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 excepti on of 40 CFR 52.21(b)(55-58), 40 CFR 52.21(i) (9), and 40 CFR 52.21(cc), which are not inco rporated. 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 im mediately. 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 requi red under this part indicate that the issuance of a permit for any major stationary source or for any major modification would result in the consumpti on of more than fifty percent (50%) of any available annual increment or eight y percent (80%) of any short term9-3 increment, the person applying for such a permit shall submit to the Department an assessment of the following factors:
(a) Effect s 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 pr oposed source or portions thereof.
(2) The assessment required under subparagra ph (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 subpara graph (4) above sh all be in detail commensurate with the degree of propos ed increment consumption, both in terms of the percentage of increment consumed and the area affected.
(4) The assessment required under subparagr aph (4) above may be made effective where a proposed source would cause an increment consumption less than that specified in said subparagraph if the Di rector finds that unusual circumstances exist in the area of the proposed source which warrant such an assessment. The Director shall notify the applicant in wr iting of those circumstances which warrant said assessment. The Commission may resc ind or modify the Director's action, upon a showing by the applicant that the circumstances allege d 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:
Imp acts on mandatory Class I federal ar eas include impacts on visibility. The preliminary determination that a source may affe ct air quality or visi bility in a mandatory Class I federal area shall be made by the De partment, based on screen ing 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 Environm ental Protection Agency, the re ference, for the purposes of paragraph (A) of Reg. § 19.904, shall be deemed to mean the Arkansas Department of Environmental Quality, unle ss the context plainly dictates otherwise, except in the following sections:
(1) Exclusion from increment consump tion: 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 Ar kansas shall comply with Arkansas Code Annotated 1987 Sec tion 8-3-101 et seq.10-1 

### CHAPTER 10: REGULATIONS FO R 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 Cl ean Air Act, shall be known as th e Regulations for the Control of Volatile Organic Compounds.
Reg. 19.1002 Purpose
The Regulations for the Control of Volatile Or ganic 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 fo r Air Pollution Control into compliance with the provisions of said Act.
Reg. 19.1003 Definitions
When used in these Regulations for the Cont rol 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 C c hapter 2 of Regulation 19 or, if not defined in C c hapter 2 of Regulation 19 , as those terms defined in the federal Clean Air Act.

Unl ess manifestly inconsistent therewith, terms and phrases used herein shall have the same meaning as used in the Arkansas Water and Ai r 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 E nvironmental Protection Agency

. "Cutback asphalt" means asphalt cement which has been liquefied by blending with petroleum solvents (diluents). Upon exposure to atmospheri c conditions, the diluents evaporate, leaving the asphalt cement to pe rform its function.

"Crude oil" means a naturally occurri ng 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 cr ude oil and/or condensate, after processing and/or treating in the producing operations, from storag e tanks or automatic transfer facilities to pipelines or any other forms of transportation.
"Delivery vessel" means tank trucks or trailers equippe d with a storage tank and used for the transport of gasoline from sources of supply to st ationary tanks of gasoline dispensing facilities.
"Existing source" means any source of volatile organi c 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 wi th a closure seal or seals to close the space between the roof edge and tank shell.
"Extreme performance coating" means coatings designed fo r harsh exposure or extreme environmental conditions.

"Gasoline" means a petroleum distillate ha ving 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 tr ailers 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 or ganic 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 owne r or operator of the proposed source demonstrates that such limitati ons are not achievable, or the most stringent emission limitation which is achieved in practice by such class or categor y of source, whichever is more stringent. In no even t 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 ch ange 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 provision s of Section 111 of the federa l Clean Air Act [NSPS, 40 CFR Part 60].10-4 "Operator" means any person who leases, operates, cont rols, 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 represen tative 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 cont rol technology that is reasonably available considering technologica l 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 a pplied 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 descri bed 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 wh ich 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 contro l system or vapor holding tank.
"Vapor control system" means a system that prevents rele ase 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 th e 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 Commi ssion order issued pursuant to Reg. para graph 19.1004(D)(1) hereof, and
(c) Any new major source.
(2) The provisions of C c hapter 10, the Regulations for the Control of Volatile Organic Compounds, shall be limited to so urces located in Pu laski County, except as provided in Reg. paragraph 19.1004(D)(1) and shall go into full force and effect on the effective date provide d, 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 informa tion presented in the Control Technique Guidelines as publishe d 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 su ch section provided that such owner or operator can demonstrate to the reasonabl e satisfaction of the Commission that full and strict compliance is technologica lly or economically in feasible or that alternative techniques to be employed by su ch owner or operat or will result in substantially the same environmental benef its 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 Ambien t Air Quality Standards for ozone.
(C) Toxic Co mpounds
The Regulations for the Control of Volatile Or ganic Compounds are not intended as appropriate controls for sources which emit volatile organi c compounds which are hazardous air pollutants.
(D) Determination of Reasonably Available Control Technology
(1) Where the Department proposes the ex istence of Reasonabl y Available Control Technology for existing sources, other than the sources for which the provisions of Reg. § 19.1005 are applicable, the Department sh all give public notice of such determination and shall, in such notice, describe the nature of such technology and shall list by size, type, source, cat egory or by individual source name, the affected sources. The public notice shal l also give notice of public hearing concerning the subject proposals. If, af ter review of the information produced through the public hearing process, the Department Commission determines that such technology does exist and that th e application of su ch 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 requiri ng 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 sour ces affected by such order to file such schedules and reports as the Department Commission feels necessary to a ssure that the subject technology is placed into operation as expe ditiously 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 r easonable further progress toward the attainment of the previously cited standards.
(E) Permits and Compliance Schedules10-7 (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 appr oval 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. s ubsections 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 exis ting 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:

Exc ept as provided herein, no person shall commence the construction, installation or modification of a new sour ce 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 shal l 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 ma jor 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 Coun ty, as described in the State Implementation Plan for Air Pollution Control, as amended, if the owner or operator of that s ource 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. Emissi on reductions claimed by such owner or operator may not includ e 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 Availa ble 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 opera ted 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 Te chnology developed for the kind10-10 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 th at 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 Regulati ons. For purposes of this chapter, the provisions of C c hapter 7 of the Regulations of the Arkansas Plan of Implementation for Air Pollution Control shall apply.
(2) For purposes of administering the provisi ons of the Regulations for the Control of Volatile Organic Compounds, the Director shall not be limite d to the results obtained from emission tests but may, where appropriate, determine the compliance status of any source with re spect to the emission limitations contained herein by the results of e ngineering evaluations, by insp ection 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 em ission limitation is applicable to a certain source and where emission testing has been conducted in a manner approved by the Department and where su ch test demonstrate compliance with such limitations, the source shall be deem ed to be in compliance with such limitations.

(3) To test the leak tightness of gasoline tank trucks as required in Reg. subsection 1 9.1005(D), the following method and pr ocedures 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 alternativ e method approved by the Director.
(b) The owner or operator of a tank truc k subject to this regulation must notify the Director in writing of the date and location of a certification test at least thirty (30) days be fore 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 Leak s from Gasoline Tank Trucks and Vapor Collection Sy stems", EPA-450/2-78-051.
(d) Monitoring to confirm the continui ng existence of leak tight conditions shall be consistent with the pro cedures described in Appendix B of the OAQPS Guideline Series documen t, "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 "Measur ement of Volatile Organic Compounds," EPA-450/2-78-041 and Appendix A of "Contr ol of Volatile Organics from Existing Stationary Sources--Volume II--Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles and Light Truc ks," 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 circum ference 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 ar ea 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 ma intained by the owner or operator.10-12 (G) Circumvention
(1) No owner or operator subj ect to these Regulations may bu ild, 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 cove rage 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 breakdow n, malfunction or upset of process or emission control equipment, or sudde n 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 determin ed 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 vola tile organic compounds emitted, time of emission and to prevent recurrence; and

(e) the Director is immediately notifie d when corrective measures have been10-13 accomplished.

(2) [RESERVED

. ]

Reg. 19.1005 Provisions f F or Specific Processes
(A) Gasoline Storage and Marketing
(1) No person shall cause or permit the load ing of gasoline into a storage tank of a gasoline storage or marke ting facility with a monthly throughput in excess of 10,000 gallons except through a submerged fi ll pipe or by bottom loading. This provision shall not apply to storage ta nks of less than 4,000 liter capacity (approximately 1,000 gallons).
(2) No person shall cause or permit the oper ation of a gasoline bul k facility of less than 87,000 liters (23,000 ga llons) per day throughput unl ess all gasoline delivery vessels are loaded by submerge d fill pipe or bottom filling.
(3) No person shall cause or permit the oper ation of a gasoline bul k 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 gaso line loaded (4.7 grains per gallon).
(B) Petroleum Liquid Storage
(1) No person shall cause or permit the st orage 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 e qual to or greater than 150,000 liters (approximately 39,000 gall ons) unless such tanks:
(a) meet the equipment specifications and maintenance requ irements of the federal Standards of Performance fo r 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;

or10-14 (b) are retrofitted with a floating roof or internal floati ng cover using a nonmetallic resilient seal as a primar y 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 in ternal floating cover which is maintained in effective working order and whic h 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 asph alt 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 truc k subject to this regulation to be filled or emptied unless the gasoline tank truck:
(a) is tested on a schedule acceptable to the Director accord ing 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 H 2 O ] ) in five minutes when pressu rized to a gauge pressure of 4,500 pascals (18 in. of H 2 O) or evacuated to a gauge pressure of 1,500 pascals (6 in. of H 2 O) during the testing required in Reg. 19.1005(D)(1)(a) subparagraph (1)(a) of this chapter ; and10-15 (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 coll ection system subject to this regulation shall:
(a) Design and operate the vapor coll ection system and th e gasoline loading equipment in a manner that prevents:
(i) Gauge pressure from exceeding 4,500 pascals (18 in. of H 2 O) and vacuum from exceeding 1,500 pascals (6 in. of H 2 O) 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
(ii i) Avoidable visible liquid l eaks 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, mon itor 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 conti nuing compliance with Reg. 19.1005(D)(1) or (2) paragraphs (1) or (2) of this section.
(E) Surface Coating of Metal Parts and Products10-16 (1) No owner or operator of a major sour ce engaged in the surface coating of miscellaneous metal parts and products ma y 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, ex cluding water, deliver ed to a coating applicator in a coati ng application system that ut ilizes air or forced air dryers;
(c) 0.42 kg/l (3.5 lb/gal) of coating, ex cluding water, deliver ed to a coating applicator that applies extreme performance coatings;
(d) 0.36 kg/l (3.0 lb/gal) of coating, ex cluding water, deliver ed to a coating applicator for all ot her coatings and coating application systems; and
(e) The above emission limitations shal l 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) pa ragraph (1) applies to a specific coating, then the most st ringent 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 lo w solvent coating technology;
(b) An incineration system which oxi dizes 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 remo val. The equivalent means must be certified by the owner or opera tor and approved by the Director.10-17 (4) A capture system must be used in conj unction 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 w ith good engineering pract ice, and shall be required to provide for an overall VOC emissi on 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 e ffectiveness 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 floa ting roof except for automatic bleeder vents, rim space vents, and leg sl eeves 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 manufactur er'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 ha ving 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 ta nks storing waxy, heavy pour crudes.
Reg. 19.1006 Severability
If any provision of the Regulations for the C ontrol 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 Re gulations 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 th e 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, Regulation s 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 deliv ered into such tanks.
Reg. 19.1302 Applicability
This rule applies to all gasoline dispensing facili ties and gasoline service st ations and to delivery vessels delivering gasoline to a gasoline dispensing facility or ga soline service station in a nonattainment area; and this rule applies to all persons owning or operating a gasoline distribution facility or gasoline se rvice station in a nonattainment area.
Reg. 1 9.1303 Definitions
(A) A Coaxial system @ means the delivery of the product to the stationary storage tank and the recovery of vapors from the stationary stor age tanks occurs through a single coaxial fill tube, which is a tube within a tube. Product is delivered thro ugh the inner tube, and vapor is recovered through the annu lar space between the walls of the inner tube and outer tube.
(B) A Delivery vessel @ means tank trucks or trailers equippe d with a storage tank and used for the transport of gasoline from sources of supply to stationary storage tanks of gasoline dispensing facilities.
(C) A Dual point system @ means the delivery of the product to the stationary storage tank and the recovery of vapors from the stationa ry 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) A Gasol ine @ means any petroleum distillate or ble nd 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 dies el fuel or liquefied petroleum gas (LPG).13-2 (E) A Gasoline dispensing facility @ means any site where gasoline is dispensed to motor vehicle gasoline tanks from stationary storage tanks.
(F) A Gasoline service station @ means any gasoline dispensing facility where gasoline is sold to the motoring public from stationary storage tanks.
(G) “Independent small business marketer” m eans 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 wi th, a refiner, or
(c) is otherwise directly or indirectly a ffiliated 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 tr ademark, 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 (includi ng the refinery capacity of any person who controls, is controlled by, or is under common control w ith, such refiner) does not exceed 65,000 barrels per day. For purpos es of this section, “control” of a corporation means ownership of mo re than 50 percent of its stock.
(H) A Leak 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, s eepage and escapes from above ground fittings.
(I) A Line @ means any pipe suitable for transferring gasoline.
(J) A Nonattainment area @ means a county or counties desi gnated by EPA as not meeting the NAAQS national ambient air quality standards for ozone.13-3 (K) A Operator @ means any person who leases, operates, co ntrols, or supervises a facility at which gasoline is dispensed.
(L) A Owner @ means any person who has legal or equitabl e title to the gasoline storage tank at a facility.
(M) A Poppeted vapor recovery adaptor @ means a vapor recovery adaptor that automatically and immediately closes itself when the vapor retu rn line is disconnected and maintains a tight seal when the vapor retu rn line is not connected.
(N) A Stationary storage tank @ means a gasoline storage container that is a permanent fixture.
(O) A Submerged 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 th e 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 sl anted cut to the bottom of the tank.
(P) A Throughput @ means the amount of gasoline dispensed at a facility.
(Q) A Vapor 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 gasolin e dispensing facilities or gasoline service stations equipped with floatin g 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 exem pted 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 sy stem as described herein;
(B) The vapor control system is in good worki ng order and is connected and operating with a vapor tight connection;
(C) The vapor control system is properly ma intained and any damaged or malfunctioning components or elements of design have been repaired, replaced or modified;
(D) Gauges, meters, or other specified testing de vices are maintained in proper working order;
(E) All loading lines and vapor lines of delivery vessels a nd vapor collection systems are equipped with fittings which ar e leak tight an d 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 wa s performed or the ma lfunction corrected; and
(C) The date the component or element of de sign of the control system was repaired, repl aced, or modified.
(D) Monthly totals of gallons of gasoline sold by the facility.

Reg. 19.1307 Inspections
(A) The premises of any gasoline dispensing faci lity or gasoline serv ice station shall be available for inspection by repr esentatives of the Department.
(B) The process of transfer of gasoline from any delivery vesse l into any stationary storage tank shall be subject to observation and in spection by representativ es 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-condensati on system or equivalent design ed 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 c onnected or disconnected.
(C) If an unpoppeted vapor recove ry adaptor is used, the unpoppe ted 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 ta nks 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 la rger, then two ta nks at a time may be loaded.
(E) Vent lines on stationary st orage tanks shall have pressure release valves or restrictors.
Reg. 19.1309 Gasoline Delivery Vessels
(A) Gasoline delivery vessels sh all be designed and maintained to be vapor-tight during loading and unloading operat ions and during transport.
(B) Gasoline delivery vessels shall be tested, no less than annually, on a schedule acceptable to the Director according to th e test methods required herein.
(C) Gasoline delivery vessels shall sustain a pr essure change of no more than 750 pascals (3 in. of H 2 O) in five minutes when pressurized to a gauge pressure of 4,500 pascals (18 in. of H 2 O) or evacuated to a gauge pres sure of 1,500 pascals (6 in. of H 2 O) during testing.
Reg. 19.131 0 Owner/Operator Responsibility
(A) It sha ll be the responsi bility of owners and operato rs of gasoline dispensing facilities and gasoline service stations to a ssure 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 deliver y vessels to assure compliance with this rule and to refuse to transfer from any deliver y vessel that does not comply with those requirements of th is rule applicable to delivery vessels.
(C) It shall be the responsibility of owners a nd operators of gasoline di spensing facilities and gasoline service stations to properly maintai n, repair, replace, modi fy, and test the vapor recovery system components of sta tionary storage tanks regulated herein.
(D) It shall be the responsibility of owners and operators of gasolin e dispensing facilities, gasoline service stations, and gasoline deliver y 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 mon itoring, the organic vapor analyzer or combustible gas detector shall be suitabl y 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 centimeter s or less from the potential leak source when searching for leaks.
(3) The highest detector read ing 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 sy stems and vapor collection/processing systems shall be determined according to EPA Met hod 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 dete rmined 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 contai ning 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 eff ective within nonattainment areas one (1) year after the designation by EPA of an area as a nonattainment area.
(B) In the case of an indepe ndent 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 NO X 

### OZONE SEASON TRADING PROGRAM GENERAL PROVISIONS

Reg. 19.1401 Adoption of Regulations
40 CFR Part 96, Subparts AA AA-HHHH for the CAIR NO x Ozone Season Trading Program, as finalized by the U.S. Environmental Protec tion Agency (EPA) on May 12, 2005, and further revised by EPA on April 28, 2006, with corre cting amendments on December 13, 2006, are herein incorporated by reference with the exception of Subpart EEEE (CAIR NO x Ozone Season Allowance Allocations) and a ll references to CAIR NO x Ozone Season Opt-in Units, which, along with Subpart IIII (CAIR NO x 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 NO x 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 NO x 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 NO x Ozone Season allowances by April 30, 2007, fo r 2009, 2010, and 2011 and by October 31, 2008, and October 31 of each year thereafter for the 4 th year after the notification deadline.
(B) For EGUs allocated allowances under Re g. 19.1404(D), the Department will determine and notify the Administrator of each unit’s allocation of CAIR NO x Ozone Season allowances by July 31 of the year for which the CAIR NO x Ozone Season allowances are allocated.Reg. 19.1404 CAIR NO x Ozone Season Allowance Allocations
(A) The baseline gross electric generation (i n MW) used with respect to CAIR NO x Ozone Season allowance allocations under Reg. 19.1404(B) paragraph (B) of this section for each CAIR NO x Ozone Season unit that has oper ated each calenda r year during a period of 5 or more consecutive calendar year s, the average of th e 3 highest amounts of the unit’s control period gross electrical output over the 5 years immediat ely preceding the year in which allocations are due to EPA, provided that gross el ectrical output of a generator served by two or mo re units will be attributed to each unit in proportion to each unit’s share of the total control period he at input of such units for the year. For the allocations allocated for 2009, 2010, 2011, baseline data will be determined using gross electrical output fo r 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 Depa rtment will allocate to all CAIR NO x 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 NO x Ozone Season allowances equa l to 95 percent for a contro l period, of th e tons of NO x emissions in the State trading budget unde r Reg. 19.1402 (except as provided in Reg. 19.1404 (E) paragraph (E) of this section ).
(C) The Department will allocate CAIR NO x Ozone Season allowances to each CAIR NO x Ozone Season unit under Reg. 19.1404(B) paragraph (B) of this section in an amount determined by multiplying th e total amount of CAIR NO x Ozone Season allowances allocated under paragraph (B) of this section by the ratio of the baseline gross electric generation of such CAIR NO x Ozone Season unit to the total amount of baseline gross electric generation of all such CAIR NO x Ozone Season units in the State and rounding to the nearest whole allo wances as appropriate.
(D) For each control period in 2009 and thereafter , the Department will allocate CAIR NO x Ozone Season allowances to CAIR NO x Ozone Season units in the State that do not yet have a baseline gross electric generation (as determined under Reg. 19.1404(A) par agraph (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-asid e will be allocated CAIR NO x Ozone Season

14-2allowances equal to 5 percent of the amount of tons of NO x emissions in the State trading budget under Reg. 19.1402.
(2) The CAIR designated represen tative of such a CAIR NO x Ozone Season unit may submit to the Department a request, in a fo rmat specified by the Department, to be allocated CAIR NO x Ozone Season allowances, star ting with the later of the control period in 2009 or the fi rst control period after th e control period in which the CAIR NO x Ozone Season unit commences comm ercial operation and until the first control period for the which the unit is allocated CAIR NO x Ozone Season allowances under Reg. 19.1404(B) paragraph (B) of this section . The CAIR NO x Ozone Season allowance allocation request must be submitted on or before January 1 of the first control period for which the CAIR NO x Ozone Season allowances are requested and after the date on which the CAIR NO x Ozone Season unit commences commercial operation.
(3) In a CAIR NO x 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 NO x Ozone Season allowances in an amount not exceeding the CAIR NO x Ozone Season unit’s total tons of NO x emissions during the control period immediately before such control period.
(4) The Department will review each CAIR NO x Ozone Season allowance allocation request under Reg. 19.1404(D)(2) paragraph (D)(2) of this section and will allocate CAIR NO x Ozone Season allowances for each control period pursuant to such request as follows:
(a) The Department will accept an allowa nce 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 aft er February 1 of the control period, the Department will determine the sum of the CAIR NO x 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 NO x 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 NO x Ozone Season allowances requested (as adjusted under Reg. 19.1404 p aragraph (D)(4)(a) of this section ) to each CAIR NO x Ozone Season unit covered by Reg. 19.1404 paragraph (D)(4)(a) of this section

. (d) If the amount of CAIR NO x 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 NO x 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 NO x Ozone Season allowances requested (as adjusted under Reg. 19.1404 paragraph (D)(4)(a) of this section ), multiplied by the amount of CAIR NO x 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 allowa nce as appropriate.
(e) The Department will notify each CAIR designated representative that submitted an allowance allocation request of the amount of CAIR NO x Ozone Season allowances (if any) allo cated for the cont rol period to the CAIR NO x 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 NO x Ozone Season allowances remain in the new unit set-aside for the cont rol period, the Departme nt will allocate to each CAIR NO x Ozone Season unit that was allocated CAIR NO x Ozone Season allowances under Reg. 19.1404 paragraph (B) of this section an amount of CAIR NO x Ozone Season allowances equal to the to tal amount of such remaining unallocated CAIR NO x Ozone Season allowances, multipli ed 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 NO x emissions in the State trading budget under Reg. 19.1402, and rounded to the nearest whole allowa nce as appropriate.

14-415-1 

### CHA PTER 15: REGIONAL HAZE

Reg . 19.1501 Purpose

The purpose of this c C hapter is to establish regional haze program requirements.
Reg . 19.1502 Definitions
For purposes of this c C hapter only the definitions contai ned 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:

BAR T Source Category Number and Name Fac ility Name AFI N Unit ID Uni t 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 BoilerSN-03 #1 Power Boiler 3. Kraft Pulp Mills Domtar Industries, Inc. – 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
SN-19 6A Boiler Georgia-Pacific Corporation – 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

BH-01 Boiler #1 Albermarle Corporation – South 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

15-2Reg. 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

SN-03 #1 Power Boiler 41-00002 Domtar Industries , Inc. , Ashdown Mill

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 instal l and operate BART as expeditiously as practicable, but in no event later than 6 years af ter 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 mainta in 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 (SO 2 ) per million Btu of heat input (0.15 lb/MMBtu) on a 30-day rolling average; (2) 0.23 pounds of nitrogen oxides (NO x ) 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 Coopera tive Corporation Carl E

. Bailey Generating Station, SN-01 shall comply with BART by burni ng 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 shal l 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 ( SO 2 ) per million Btu of heat input (1.12 lb/MMBtu) on a 30-day rolling average; (2) 0.46 pounds of nitrogen oxides ( NO x ) per million Btu of heat input (0.46 lb/MMBtu) on a 30-day rolling average; and (3) 0.07 pounds of PM 10 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 ( SO 2 ) per million Btu of heat input (1.20 lb/MMBtu) on a 30-day rolling average; (2) 0.450 pounds of nitrogen oxides ( NO x ) per million Btu of heat input (0.450lb/MMBtu) on a 30-day rolling average; and (3) 0.10 pou nds of PM 10 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 Blu ff, Unit 1 Boiler, SN-01 shall comply with BART by meeting the following emissi on limits when burning bituminous coal:
(1) 0.15 pounds of sulfur dioxide ( SO 2 ) per million Btu of heat input (0.15 lb/MMBtu) on a 30-day rolling average; (2) 0.28 pounds of nitrogen oxides ( NO x ) 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 Blu ff, 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 ( SO 2 ) per million Btu of heat input (0.15 lb/MMBtu) on a 30-day rolling average; (2) 0.15 pounds of nitrogen oxides ( NO x ) 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 NO x 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 Blu ff, Unit 2 Boiler, SN-02 shall comply with BART by meeting the following emissi on limits when burning bituminous coal:
(1) 0.15 pounds of sulfur dioxide ( SO 2 ) per million Btu of heat input (0.15 lb/MMBtu) on a 30-day rolling average; (2) 0.28 pounds of nitrogen oxides ( NO x ) 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 Blu ff, Unit 2 Boiler, SN-02 shall comply

15-5with BART by meeting the following emission limits when burning sub-bitumi nous coal:
(1) 0.15 pounds of sulfur dioxide ( SO 2 ) per million Btu of heat input (0.15 lb/MMBtu) on a 30-day rolling average; (2) 0.15 pounds of nitrogen oxides ( NO x ) 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 NO x 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 Bl uff, auxiliary boiler, SN-05 shall comply with BART by restricting operat ion 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 Ca therine 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 ( NO x ) 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 Ca therine 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 ( SO 2 ) per million Btu of heat input (0.562 lb/MMBtu) on a 30 day rolling average; (2) 0.25 pounds of nitrogen oxides ( NO x ) per million Btu of heat input (0.25 lb/MMBtu) on a 30 day rolling average; and (3) 0.037 pounds of PM 2.5 per million Btu of heat i nput (0.037 lb/MMBtu) on a 30 day rolling average.

15-6Reg
. 19.1506 Compliance Provisions
Eac h 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.

15-716-1 

### CHA PTER 16: EFFECTIVE DATE

Reg . 19.1601 Effective Date

Thi s regulation is effective ten (10) days after fi ling 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: INSIGNIF ICANT ACTIVITIES LIST

The following types of activities or emissions ar e deemed insignificant on the basis of size, emission rate, production rate, or activity. Cert ain of these listed activ ities include qualifying statements intended to exclude many similar activi ties. By such listing, the Department exempts certain sources or types of sources from the re quirements to obtain a permit or plan under this regulation. Listing in this part has no effect on any othe r law to which the activity may be subject. Any activity for which a state or federa l 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 MM BTU per hour, provided that the aggreg ate 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 e qual to 250 gallons storing orga nic liquids having a true vapor pressure less than or equal to 3.5 psia, pr ovided that the aggregate pollutant specific emissions from all such liquid storage tanks li sted 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 ga llons 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 stor age 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 e nvironmental monitoring purposes provided that the aggregate pollutant specific emissions from all such equipment/vents considered

A- 1A- 2 insignificant do not exceed 5 tpy of any comb ination of HAPs and 10 tpy of any other pollutant.

6. Non

- commercial water washing oper ations of empty drums less than or e qual to 55 gallons with less than three percent of the maximum container volume of material.
7. Welding or cutting equipment related to ma nufacturing 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 gall ons in capacity that do not emit any detectable VOCs or HAPs when closed. This includes fil ling, blending, or mixing of the contents of such containers by a retailer.
9. Equipment used for surface coating, pain ting, 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 program s provided that the emissions are less than 10 tpy of any pollutant regulated under this regulati on or less than 2 t py 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 emi ssions are less than 10 tpy of any pollutant regulated under this regulat ion 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 uni t, 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 pr ovide electricity to the distribution grid.
13. Other activities for which the facility demons trates 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 insignifi cant as discussed in the introduction to this group.the emissions are less than 5 tpy of any pollu tant regulated under this regulation or less than 1 tpy of a single HAP or 2.5 tpy of any com bination of HAPs. These emission limits apply to the sum of all ac tivities listed under this group.
Group B
The following emission units, operations, or ac tivities need not be included in a permit application:
1. Combustion emissions from propulsion of mobi le 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 ope rations covered under a ny applicable federal requirements.
2. Air conditioning and heating units used fo r comfort that do not have applicable requirements under Title VI of the Act.
3. Ventilating units used for human comfort th at do not exhaust air pollutants into the ambient air from any manufacturing/ industrial or commercial process.
4. Non-commercial food preparation or food prep aration at restaurants, cafeterias, or caterers, etc. 5. Consumer use of office equipment and produc ts, not including commercial printers or business primarily involved in photographic reproduction.

6. Janitorial services and consum er 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 gene rators at residential locations.
11. Tobacco smoking rooms and areas.

A- 3A- 4 12. Blacksmith forges.
13. Maintenance of grounds or build ings, including: lawn care, w eed control, pest control, and water w ashing activities.
14. Repair, up-keep, maintenance, or cons truction activities not related to the source’s sources’ primary business activity, and not otherw ise triggering a permit modification. This may include, but is not limited to such activities as general repairs, cleaning, painting, welding, woodworking, plumbing, re-t arring roofs, inst alling 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 a ny facility whose primary business activity is surface-coating or includes surface-coating or products.
16. Portable electrical generato rs that can be “moved by hand” from one location to another. 3
17. Hand-held equipment for buffing, polishing, cutting, drilling, sawi ng, grinding, turning, or machining wood, metal, or plastic.
18. Brazing or soldering equipment related to ma nufacturing activities that do not result in emission of HAPs. 4
19. Air compressors and pneumatically oper ated equipment, including hand tools.
20. Batteries and battery char ging stations, except at batte ry 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 triv ial and listed separately in this appendix.A- 5 21. Storage tanks, vessels, and containers holdin g or storing liquid subs tances 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 sa lt 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 ap propriate 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 an imals, but not including other equipment at slaughter-houses, such as rendering cookers , boilers, heating plan ts, 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 me lt adhesives with no VOCs in the adhesive.
29. Lasers used only on metals and other materi als which do not emit HAPs in the process.
30. Consumer use of paper trimmers/binders.
31. Electric or steam-heated drying ovens and au toclaves, 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 collec tion 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 phy sical or chemical analysis not including lab fum e hoods or vents.

35. Routine calibration and ma intenance of laboratory equi pment or other analytical instruments.
36. Equipment used for quality control/assura nce or inspection purposes, including sampling equipment used to withdraw materials for analysis.
37. Hydraulic and hydrostati c testing equipment.

38. Environmental chambers not usi ng 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 a ny 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 tr eatment 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, dr inking 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- 651. Steam cleaning operations.

52. Steam and m icrowave 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 maintainin g motor vehicles operated by the facility, not including air cleaning units of such ve hicles (i.e. antifreeze, fuel additives).
57. Stacks or vents to prevent escape of sani tary sewer gases through the plumbing traps.
58. Emissions from equipment lubricating systems (i.e. oil mist), not in cluding storage tanks, unless otherwise exempt.
59. Residential wood heaters, cookstoves, or fireplaces.
60. Barbecue equipment or outdoor fireplaces us ed 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 Depart ment determines that emissions constitute air pollution.
66. Emissions from engine crankcase vents.
67. Storage tanks used for the temporary c ontainment of material s resulting from an emergency reporting to an unanticipated release.

A- 7A- 8 68. Equipment used exclusively to mill or gri nd coatings in roll grin ding rebuilding, and molding compounds where all materi als charged are in paste form.
69. Mixers, blenders, roll mills, or calendars fo r 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 ha ndling equipment for bark and wood residues not subject to fugitive dispersion offsite (this applies to the equipment only).
71. Maintenance dredging of pulp and pa per 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 fo r 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 explorat ion production site equipment: separators, dehydration units, natural gas fired compressors, and pumping units. This does not include compressors located on na tural 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, 2008i 

### 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 CHAP TER 3: PROTECTION OF TH E NATIONAL AMBIENT AIR QUALIT Y 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 F ederal Program s ....................................................................... 3-2 CHAPTER 4: MINOR SOURCE R EVIEW ................................................................................ 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 Infor mation

................................................................................. 4-2 Reg. 19.405 Action on Application ................................................................................ 4-2 Reg. 19.406 Public Participation .................................................................................... 4-4 Reg. 19.407 Permit Ame ndments ................................................................................... 4-5 Reg. 19.408 Exemption from Per mitting ........................................................................ 4-9 Reg. 19.409 Transition .................................................................................................... 4-9 Reg. 19.410 Permit Revocation and Cancellation ........................................................ 4-10 Reg. 19.411 General Perm its ........................................................................................ 4-10 Reg. 19.412 Dispersion Modeling

................................................................................ 4-11 Reg. 19.413 Confidentiality .......................................................................................... 4-12 Reg. 19.414 Operational Flexibility-Applican t's Duty to Apply for Alternative Scenarios ............................................................................................ 4-13 Reg. 19.415 Changes Resulting in N o Emissions Increases ......................................... 4-14 Reg. 19.416 Permit Flexibility ...................................................................................... 4-14 Reg. 19.417 Registration

............................................................................................... 4-16 CHAPTER 5: GENERA L EMISSIONS LIMI TATIONS APPLICABLE TO EQUIPMENT ... 5-1ii 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/D ispersion Regulations

......................................................... 5-2 Reg. 19.505 Revised Emissions Lim itation .................................................................... 5-2 CHAPTER 6: UPSET AND EMER GENCY CONDITIONS .................................................... 6-1 Reg. 19.601 Upset Conditions ........................................................................................ 6-1 Reg. 19.602 Emergency Conditions ............................................................................... 6-2 CHAP TER 7: SAMPLING, MONITORI NG, AND REPOR TING 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 Com pletion ................................................................................. 7-3 Reg. 19.705 Record Keeping and Reporting Requirem ents ........................................... 7-3 Reg. 19.706 Public Availability of E missions Data

....................................................... 7-4 CHAPTER 8: 111(D) DE SIGNATED FACILITIES ................................................................. 8-1 Reg. 19.801 Purpose ....................................................................................................... 8-1 Reg. 19.802 Perm it Emissions Limitations ..................................................................... 8-1 Reg. 19.803 Sulfuric Acid Plants (H 2 SO 4 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 Definition s .............................................................................................. 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 SOU RCE PERMITTING PROCEDURES

....................................... 11-1 CHAPTER 12: [RESERVED] .................................................................................................. 12-1iii 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 Exem ptions ............................................................................................. 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 System s ....................................................................... 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 CHA PTER 14: CAIR NO X 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 NO x Ozone Season Allowance Allocations ......................................................................................... 14-1 Reg. 19.1404 CAIR NO x Ozone Season Allowance Allocations ................................. 14-2 CHAPTER 15: REGIONAL HAZE ......................................................................................... 15-1 Reg. 19.1501 Purpose ................................................................................................... 15-1 Reg. 19.1502 Definition s .............................................................................................. 15-1 Reg. 19.1503 BART Eligible Sources .......................................................................... 15-1 Reg. 19.1504 Facilities Subject-to-BART

.................................................................... 15-3 Reg. 19.1505 BART Requireme nts .............................................................................. 15-3 Reg. 19.1506 Compliance Provisions ........................................................................... 15-6 Reg. 19.1507 Perm it Reopening ................................................................................... 15-7 CHAPTER 16: EFFECTIVE DATE

........................................................................................ 16-1 Reg. 19.1601 Effective Date ......................................................................................... 16-1 APPENDIX A: INSIGNIFI CANT ACTIVITIES LIST .................................................................11-1 

### CHAPTER 1: TITLE, INTENT, AND PURPOSE

Reg. 19.101 Title
The following rules and regulations, adopted in acco rdance 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 statio nary 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 sa tisfaction of certain requirem ents of the federal Clean Air Act, 42 United States Code (U.S.C.) §§ 7401 et seq., as of July 1, 1997, and the federal re gulations 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), pr ovisions 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 delega ted 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 lim it the federal enforceability of its requirements to only those mandated by fede ral law. Regulation 19, as amended, is also intended to facilitate a permit system fo r stationary sources within the State, which1-2 permit shall provide which provisions are fe derally 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 re quired to apply for and comply with only one permit, even though that permit may contain condi tions derived from the federal mandates contained in Regulation 19, as well as condi tions predicated sole ly on state law. Regulation 19, through construction or imp lication, shall not s upport the conclusion that all conditions of a permit have become federally enforceable because the permit contains provisions derived from Regulati on 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 manne r that promotes a stream lined permitting process, mitigation of regulatory costs, and flexibility in maintaining compliance with federal mandates. Any applicable docum ents (e.g. “White Papers,” regulatory preambles, or interpretive me moranda) issued by the Environmental Protection Agency which are consistent with this policy and th e legislative intent of state laws governing air pollution control (A.C.A. § 8-4-301 et seq.) are aids fo r construing the requirements of Regulation 19. Any procedure applicable to major sources that promotes operational flexibility are presumed to be authori zed by this regulation unless manifestly inconsistent with its substantive terms.
(E) Nothing in Regulation 19 shall be constr ued as curtailing the Department’s or Commission’s authorit y under state law.
Reg. 19.104 Severability
If any provision of Regulation 19 is determ ined to be invalid, such inva lidity shall not af fect 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 th e federal Clean Air Act. For purposes of this regulation:

“12-month period” means a period of 12 consecutive mont hs determined on a rolling basis with a new 12-month period beginning o n th e first day of each calendar month.

“Actual emissions” means the quantity of federally regulated air pollutants emitted from a stationary source considering em issions control equipment and ac tual hours of source operation or amount of material processed.

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

“Construction” means fabrication, erection, or installa tion of equipm ent. See also 40 CFR 60.2, 40 CFR 51.165, and 40 CFR 52.21.

“Control apparatus” means any device which preven ts, controls, detects o r 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 Departme nt, the reference is to the staff of the De partment acting at the di rection of the Director.

“Director” means the Director of the Arkansas Depa rtm ent of Environmental Quality, or its successor, acting directly or thr ough the staff of the Department.

“Emission limitation” and “emission standard” mean a requirem ent 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, pres cribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission2-2 reduction.

“Emission unit” means any article, machine, equipment, operation, or contrivance that em its or has the potential to emit any fede rally regulated air pollutant.

“EPA” means the United States Environmental Protection Agency.

“Equipment” means any device, except equipm ent 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 sim ilar 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 se q. and its implementing re gulations as of the effective date of this regulation.

“Federally regulated air pollutant” means the following:

(A) Nitrogen oxides or any volatile organic com pounds;
(B) Any pollutant for which a National Ambient Air Quality Standard has been promulgated;
(C) Any polluta nt that is subject to a ny standard promulgated under 42 U.S.C. §§ 7401, et seq., as of the effective date of this regulation;
(D) Any Class I or II substan ce 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 e missions” means those emissions which could not reasonably pass through a stack, chim ney, vent, or other functionally equivalent opening. Those emissions are those that, according to customary and good engineering pract ice, considering technological and economic feasibility, could not pass thr ough a stack, chimney, vent or other functionally-equivalent opening, except that the Department will utilize the definition of fugitive emissions for those2-3 industries for which an approved EPA definition ex ist under federal law or regulation and which are meeting that law or regulation.

“Hazardous Air Pollutant” or “HAP” means any air pollutant lis ted 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 ch ange in the method of operation of, a stationary source which increases the em ission 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 replacem ent 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 opera tion, as long as it does not violate applicable air permit conditions; or
(3) The use of an alternate fuel or ra w material, as long as it does not violate applicable ai r 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 am bient air quality standards promulgated by the EPA in 40 CFR Part 50.

“Opacity” means the degree to which air emissions re duce the transmission of light and obscure the view of an object in the background.

“Operator” m eans 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” m eans any airborne finely divided solid or liquid material with an aerodynam ic diameter equal to or less than 100 micrometers.

“Particulate matter emissions” means all particulate matte r, 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 A ppendix 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.

“ PM 2.5 ” means particulate matter with an aerodynamic diameter less than or equal to a nominal two and one-half (2.5) micrometers.

“PM 10 ” means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference me thod 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.

“PM 10 emissions” means PM 10 emitted to the ambient air as measured by an applicable reference method, or an equivalent or altern ate method, specified in 40 CFR Part 51, Appendix M as of December 8, 1984, or by a test method sp ecified in these regulat ions or any supplement thereto.

“Potential to emit” means the maxim um 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 a nd restrictions on hours of operation or on the type or amount of material com busted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is en forceable to the extent it is2-5 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 determini ng the potential to em it of a stationary source.

“Responsible official” means one of the following:

(A) For a corporation: a president, secret ary, treasurer, or vice president of the corporation in charge of a principal business function, or a ny other person who performs similar policy or decision-ma king 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 s ubject to a permit and either:
(1) The facilities employ more than 250 persons or have gr oss 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 Departme nt; (B) For partnership or sole proprietorship: a general partner or the proprietor, respectivel y; (C) For a municipality, State, Federal, or other public agency: either a principa l executive officer or ranking elected offi cial. For the purposes of this regulation, a principal executive officer of a federal agency includes the chief executive officer having responsibility for th e overall operations of a pr incipal geographic unit of the agency (e.g., a Regional Administrator of EPA); or
(D) For acid rain sources:
(1) The designated representative insofa r as actions, standards, requirements, or prohibitions under Title IV of th e 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 federall y regulated air pollutants which, although asso ciated with a source, ar e not emitted from the source itself.

“Shutdown” means the cessation of operation of equipment.

“Startup” means the setting in operation of equipm ent.
“Stationary source” means any building, structure, facility , or installation which em its or may emit any federally regulated air pollutant.

“Title I mo dification” means any modification as define d under any regulation promulgated pursuant to Title I of the f ederal 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 ar e not Title I modifications.
“Volatile organic compounds” or “VOC” means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, me tallic carbides or carbonates, and ammonium carbonate, which participat es in atmospheric photochemical reactions.
(A) This includes any such organic compound other than the following, which have been determined to have neg ligible photochemi cal reactivity:
acetone; methane; ethane; methylene chloride (dichlorom ethane); 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-tetraf luoroethane (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-difluor oethane (HCFC-142b);2-7 2-chloro-1,1,1,2-tetraflu oroethane (HCFC-124); pentafluroreth ane (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 comp letely m ethylated siloxanes; 3,3-dichloro-1,1,1,2,2-pentafl uoropropane (HCFC-225ca); 1,3-dichloro-1,1,2,2,3-pentafl uoropropane (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-trifluor oethane (HCFC-123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C 4 F 9 OCH 3 or HFE-7100); 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3- heptafluoropropane ((CF 3 ) 2 CFCF 2 OCH 3 ); 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C 4 F 9 OC 2 H 5 or HFE 7200); 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-he ptafluoropropane ((CF 3 ) 2 CFCF 2 OC 2 H 5 ); methyl acetate; 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C 3 F 7 OCH 3 or HFE-7000); 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(tri fluoromethyl) hexane (HFE-7500) 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea); methyl formate (HCOOCH 3 ) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-triflu oromethyl-pentane (HFE-7300); and perfluorocarbon compounds whic h 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, complete ly 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 complia nce with emission limits, VOC will be measured by the test m ethods in the appr oved 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 negl igible photochemical reactivity, these negligibly-reactive compounds may be excl uded 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 demonstrati ng, 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, photochemi cal di spersion modeling and inventory requirements which apply to VOC and shal l 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 ma intaining the NAAQS cont ained in 40 CFR Part 50. If any area of the state is determined to be in violation of the NAAQS, all applicable requi rements contained in the Clean Air Act, as amended, an d all regulations promulgated thereto shall be met by the Department.
Reg. 19.302 Department Responsibilities
The Department shall be responsible for taki ng 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 pollu tant em issions for any area that can reasonabl y be expected to be in excess of the NAAQS, and review of the ambient air impacts of any new or modified source of fe derally regulated air emission that is the subject of the requirements of this Plan. All computer modeli ng shall be performed using EPA-approved models, and using averag ing 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 fro m being exceeded:
(A) When required by law or this regulation, obtai ning a permit from the Department prior to construction of a new source of federally re gulated air pollutant em issions or prior to the modification of an exis ting source of air emissions.3-2 (B) Operating equipment in such a manner as to meet any applicable perm it requirement or any applicable regulations.
(C) Repairing malfunctioning equipme nt and pollu tion control equipmen t as quickly as possible. If the malfunctioning equipment is causing, or contributin g to, a violation of the NAAQS, as determined by computer modeling, the source is responsible for ceasing operations of the affected equipmen t until such time that it is repaired.
Reg. 19.304 Delegated Federal Programs
Sources subject to this regulation shall also comply with all Federal progra ms that the Department is responsible for administering including certain delegate d 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 Pollu tants (40 CFR Parts 61 and 63), which were promulgated as of January 27, 2006. These delega ted subparts only apply to major sources. (There are subparts that apply to minor sources, but the Departme nt 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, c onstruction, or modifica tion of a stationary source, whose actual em issions 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 PM 10 ; 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 co mbination 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 unle ss the owner/operator demonstrates to the reasonable sa tisfaction of the Departme nt 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 attain ment 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 a ffect the responsibility of the owner/operator to comply with applicable portions of this regulation.4-2 Reg. 19.404 Required Information
(A) General
Application for a permit shall be made on such forms and contain such information as the Departm ent 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 sta tionary source; and
(2) such information on the location, design, and operation of stationary source as the Departme nt may reasonably require.
(B) Duty to Supplement Submittal
If, while processing an application that has been determined to be co mplete, the Department determ ines that additional information is necessa ry 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/operato r who fails to submit any re levant facts or who h as submitted incorrect information, shall, upon becoming aware of such fa ilure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide additional information as necessary to address an y relevant requirements that become applicable to the stationary source before fi nal action is taken on its application.
Reg. 19.405 Action on Application
(A) Technical Review
The Department will review the application submitte d under this chapter in or der to ensure to their reasonable satisfaction that:4-3 (1) the stationary source will be constr ucted or modified to operate without interf ering with attainment or main tenance of a national ambient air quality standard;
(2) the stationary source will be constructe d or modified to operate without violating any applicable regulation adopted by the U.S. Environm ental Protection Agency pursuant to §§111, 112, and 114 of the Clean Air Act as amended;
(3) the stationary source will be constructe d 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 applica tion 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 prepar e a draft permit which:
(a) contains such conditions as are necessary to comply with this Regulation;
(b) addresses all recognized federally re gulated air pollutant emissions and all federally reg ulated 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

me t, they shall prepare a notice of in tent 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 perm it decision in accordance with Reg. 19.406.4-4 (4) Within 90 days of receipt by the Departme nt of an initial permit application, or an applic ation for a major modification whic h contains such information as required by the Department (unless said period is extended by mutual agreement between the Department and the a pplicant), the Department shal l 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 inacti on. The Commission shall either grant or deny the peti tion within 45 days of its submittal.
(C) Final Action
The Department shall take final action on a pe rmit application after the clos e 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 unl ess the public has first had an opportunity to comment on the information submitted by the owne r/operator and the Departme nt’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 mini mum: (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 Departm ent’s central offices of the Department’s draft decision, information submitted by the owner/operator, and any information developed by the De partment 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, e nding on the date 30 days later);4-5 (3) A publication in a newspaper of general circulation in the area where the s ource is located or proposes to locat e, 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, sha ll be sent to the owner/operator and to the:
(a) Regional Administrator of the Un ited 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 wher e the equipment is proposed to be constructed or modified; and
(d) appropriate air pollution control ag encies of adjoining states if the construction or modification of th e 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 adm inistrative 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 provide s a similar minor administrative change in the source;
(c) requires more frequent monitoring or reporting by the permittee;
(d) incorporates a change in the perm it 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 insignif icant activities list

. (2) The Department shall revise the permit as expeditiously as practicable and may incorporate such revisions wit hout providing notice to the public.
(3) The applicant may implement the changes addressed in the request for an admi nistrative amendment immediately upon approval.
(B) Change in Ownership
(1) Permits issued under this regulation sh all 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 f orms 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 re quired 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 wh ich he or she deems appropriate, that:
(a) The applicant has a history of noncompliance with the environmental laws or regulations of this stat e or any other jurisdiction;4-7 (b) An applicant which owns or operates ot her facilities in the state is not in substantial comp liance with, or on a le gally enforceable schedule that will result in compliance with, the environmental laws or regulations of this state; or (c) A person with a history of noncomp liance with environmental laws or regulations of this state or any other jurisdiction is affiliated with the applicant to the extent of being capable of sign ificantly influencing the practices or operations of the applic ant which could have an impact upon the environment.
(3) Public notice requirements shall not appl y 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 propose d 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 pe r year of carbon monoxide,;
(ii) Forty (40) tons per ye ar of nitrogen dioxides, sulfur dioxides, or volatile organic com pounds;
(iii) Twenty-five (25) tons per year of particulate matter emissions;
(iv) Fifteen (15) tons per year of PM 10 emissions; and4-8 (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 μ g/m 3 8-hour
nitrogen dioxide 10 μ g/m 3 annual

PM 10 8 μ g/m 3 24-hour sulfur dioxide 18 μ g/m 3 24-hour

lead 0.1 μ g/m 3 3-month

(3) The following changes will not be considered De Mini mis changes:
(a) any increase in the permitted emissi on rate at a stationa ry source without a corresponding physical change or ch ange 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 cas e-by-case determination of an emission lim itation 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 rela xation to existing testing, monitoring, reporting, or recordkeeping requirements; or
(g) any proposed change which requir es more than minimal judgment to determ ine eligibility.
(4) A source may not submit multiple applications for De Minimis changes that are designed to conceal a larger m odifica tion that would not be considered a De Minimis change. The Department will require such multiple applications be processed as a permit modification wi th public notice and reconstruction requirements. Deliberate misrepre sentation 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 no tice to the public. The applic ant may implement De Minimis changes immediately upon approval by the Department.
Reg. 19.408 Exemption from Permitting
(A) Insignificant Activities
Stationary s ources and activities listed in Appendix A of this regulation shall be considered to be insignificant and will not require a permit under this chapter o r 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 p ermit under this chapter.
Reg. 19.409 Transition
Facilities which are now subject to this regula tion which were not previously subject to this regulation shall be in full compliance within 180 da ys of the effective date of this regulation.4-10 Facilities which are now subject to permitting unde r this regulation which were not previously subject to permitting under th is regulation shall su bmit a complete applica tion within 180 days of the effective date of this regulation. The Dir ector may extend this compliance period on a caseby-case basis provided that the total co mpliance period does not exceed one year.
Reg. 19.410 Permit Revocation and Cancellation
(A) Revocation
Any permit issued under this regulation is subjec t to revocation, suspension, or modification in whole or in part, for cause, including without limitation:
(1) Violation of any conditio n of the permit;
(2) Obtaining a permit by misrepresentation or failure to dis close 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 Direct or may cancel a permit if the construc tion 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 noti ce and opportunity for public part icipation provid ed under this chapter, issue a general permit covering numerous similar sources. The criteria for the review and approval of perm its under this chapter shall be used for genera l permits as well. Any general permit shall comply with all requirements applicab le to other permits and shall identify criteria by which sources may qualify for the general perm it. They shall also include enforceable emission limitations or other control measures, m eans, or techniques, as well as schedules and4-11 timetables for compliance, as may be necessary or appropriate to meet the applicable requirements of this regulation. To sources that qualify, the Depart ment 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 so urce 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 mu st apply to the Depart ment for coverage under the term s of the gener al permit or must apply fo r permit consistent with this chapter. The Department may grant a source's request for author ization 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 per mit is filed with the Departme nt, the Department shall cause notice of the application to be published in a news paper 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) sh all advise that any interested person may request a public hearing on the permit application by giving the Departm ent a written request within ten (10) da ys of the publication of the notice.
(3) Should a hearing be deemed necessary by the Department, or in the event the Departme nt desires such a hearing, the Department shall schedule a public hearing and shall, by firs t class mail, notify the app licant 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 othe r air quality modeling is used to meet the requirem ents 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 M odels) as of Nove mber 9, 2005.4-12 (B) Substitution

Wh ere an air quality model specified in the Guideline on Air Quality Models is inappropriate, the model may be modifi ed 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 m odification 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 appli cant in acco rdance with this subsection.
(A) For purposes of this subsection, “Trade Secret” means any information, including form ula, 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 read ily ascertainable thro ugh, proper m eans by other persons who can obtain economic va lue from its disclosure or use, and
(2) Is the subject of efforts that are reas onable under the circumstances to maintain its secrecy. (B) In order to establish en titlement to conf id entiality, the applicant must submit a sworn affidavit to the Department that is subj ect to public scrutiny which describes in a manner that does not reveal trade secrets, the processes or mark et 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
extrao rdinary diligence in any legal action arising from the Department’s denial of public access to the documents or in formation claimed herein to be a trade secret.”4-13 If an applicant anticipates numerous permit modifications that ma y involve regulatory review of trade secrets, it ma y 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 in terim protected status until the Departme nt determines whether the requirements of Re g. 19.413(B) are satisfie d. 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 deem ed confidential until a request is made. If a third party request to review informati on claimed as confidential is received before the Department provides its written determination concerning the claim, the Department shall not release such informa tion before notifying the applicant of the request. The Department shall notify the appl icant 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 applicatio n; one prominently marked as confidential and another that is subject to public review with confidential info rmation excised. The Department will not accept applications th at 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 fo r in a permit may be im plemente d 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 anticip ated alternative facility operating scenarios at the time of permit application. The Departme nt 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 f acility that contravene permit terms without a permit revision if the changes:
(A) Are not modifications under any pr ovision of Title I of the Act;
(B) Do not exceed emissions allowable under the p erm it (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 contraven e federally enfo rceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements;
provided that the facility provide s the Department with written notif ication 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 o ccur, 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 a ny testing, com pliance 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 specifi ed in the facility’s permit;

The extension does not viol ate a federal require ment; The permittee of the facility demonstrat es the need for the extension; and4-15 (4)

(1)

(2)
(3)
(4)
(5)

(6)

(7) The permittee of the facility documents th at all reasonable measures have been taken to meet the current deadline a nd documents reasons the current deadline cannot be met.
(B) The Department ma y grant a request to allo w 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 activit ies shall be authorized until the permittee of the facility receives written approval from the Department. The Department may grant such a request, at its discreti on, 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 emissi ons and/or testing th at would otherwise exceed a perm itted emission rate, throughput requirement or other limit in a facility’s permit;
Such a request does not viol ate a federal require ment; 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, qua ntification of such emissions and the date and time such emission will o ccur; Such a request will result in increased emissions less th an five tons of any individual criteria polluta nt, one ton of any single HAP and 2.5 tons of total HAPs; and
The permittee of the facility maintains r ecords of the dates and results of such temporary em issions and/or testing.
(C) The Department ma y 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 fi rst date that th e monitoring alternative will be used at the facility;
Such a request does not viol ate a federal require ment; The monitoring alternative provides an eq uivalent or greater degree of actual monitoring to the requirements in the facility’s operating permit; and
Any such request, if approved by the Depart ment, is incorporated into the next permit modification application by the perm ittee of the facility.
Reg. 19.417 Registration
(A) Sources currently holding permits issued pursuant to Regulation 19 but whose

em issions are below the permitting threshol ds of 19.401, and above the registration thresholds of Reg. 18.315 may elect to co ntinue 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, th e Regulation 19 permit shall remain in effect.
(B) A source otherwise subject to registrati on 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 ge neral federally regulated air pollutant emissions limitations a pplicable 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 e ffect as of the effective date of this regulation.
Reg. 19.502 General Regulations
No person shall cause or permit the constructio n or modification of equipment which would cause or allow the following standards or lim itations which are in effect as of the effective date of this regulation, to be exceeded:
(A) Any National Ambient Air Qualit y Standard or ambient air increment (a s listed in 40 CFR 52.21).
(B) Any applicable emission limitation promul gated by the United St ates Environm ental Protection Agency.
(C) Any applicable emission limitation promulgate d by the Departm ent in this regulation.
Reg. 19.503 Visible Emission Regulations
(A) No person shall cause or permit visibl e emissions (other than uncombined water vapor) from equipment identified hereinunder and which was installed and i n 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% opacit y, except that emission s 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 emi ssions (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 emi ssion limitations of the New S ource Performance Standards promulgated by the EPA:
(1) For incinerators and fuel burning equi pment, exclusively, emissions shall not exceed 20% opacity except that emissi ons 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-minut e period, provided such emissions will not be permitted more than three (3) times during any 24-hour period.
(2) For equipment used in a manufacturi ng process, emissions shall not exceed 20%.
(C) Opacity of visible emissions shall be de termined using EPA Method 9 (40 CFR Part 60, Appendix A).
Reg. 19.504 Stack Height/Dispersion Regulations

The stack h eight provisions of 40 CFR 51.118 are incorporated by reference. The definition of “stack,” “a stack in existence, ” “dispersion technique,” “good e ngineering 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 limitation s contained within the Plan and applicable permits are for the purpose of assuring the attainme nt and maintenance of th e 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 limita tions and reporting procedures of this chapter may be amended as described below:
(A) More restrictive limitations to protect th e NAAQS. In accordance wi th the provisions of the federal Clean Air Act, as amende d, and the federal regulations promulgated pursuant to the Clean Air Act, as ame nded, the emission limitations and reporting procedures of this chapter or any applicab le permits may be further amended and made5-3 more restrictive where the Director finds mo re restrictive measures are necessary to assure maintenance of the NAAQS.
(B) Less restrictive limitations. Any person s ubject to the em ission 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 cons traints. In no case shall the Director approve a less stringent limitation if it woul d cause a violation of the NAA QS. The Director shall not approve a less stringent limitation if it viol ates a federal emission standard or regulation, unless approved according to applicable federal regulations.

The Director shall take into account the followi ng factors when making such determinations:
(1) The process, fuels, and raw materials av ailable and to be employed in the facility involved;
(2) The engineering aspects of the applica tion of various types of control techniques which have been adequately demonstrated;
(3) Process and fuel changes;
(4) The respective costs of the applicati on of all such control techniques, process changes, alternative fuels, etc.; and
(5) Locational and siting considerations.
(C) In any enforcement proceeding, the permittee se eking to establish th e occurrence of an emergency has the burden of proof.
(D) This provision is in addition to any emer gency 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 lim itations 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 violati on of an applicable permit or regulation, shall be re ported to the Department. A ny source exceeding an emission limit established by the Plan or applicable permit sh all 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 emi ssions given that the person responsible for the source of the excess emi ssions does the following:
(A) Demonstrates to the satisfaction of the Depa rtment that the em issions 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 m inimize or eliminate the excess emissions.
(B) Reports such occurrence or upset or brea kdown 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 loca tion of the process and contro l equipment involved in the upset and including a statement of a ll known causes and the scheduling and nature of the actions to be taken to eliminate futu re 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, includ ing natural disasters, which situation requires immediate corrective action to restore norma l ope ration, 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 affirm ative defense to an action brought for noncompliance with such technology-based limitations if the following conditions are met. The affirmative defense of emerge ncy shall demonstrate through properly signed contemporaneous operating logs, or su ch 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, th e 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. Th is notice m ust contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken.
(B) [RESERVED]7-1 

### CHAPTER 7: SAMPLING, MO NITORING, 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 requirem ents at stationary sources. The Department shall enforce all properly incorporated and delegated fe deral 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) Sam pling Ports
To provide any sampling ports, at the request of the Department, re quired for federally regulated air pollutant em issions sampling, including safe and easy access to such ports.
(B) Sampling
To conduct federally regulated air pollutant emissions sampling, at the request of the Departm ent, to determine the rate, opacity, compos ition, 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 th e Department. Sampling shall not be required for those pollutants with c ontinuous emissions monitors.
(C) Averaging Time s All compliance testing averaging times shall be consistent with the a veraging times of the applicable federally regulated air pollutant emissi ons limitations stated in the applicable permit, which in no case shall be greater than the minimum averaging times of the applicable NAAQS.
(D) Process Rates7-2 Unless otherwise approved by the Department, al l federally regulated air pollutant emissions sampling shall be performed with the equipment be ing tested operating at least at 90% of its permitted capacity. Emissions results shall be ex trapolated 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 Departme nt, shall be tested in accordance with the fo llowing time frames:
(1) Equipment to be constructed or modifi ed shall be tested within 60 days after achievi ng its maximum permitted produc tion rate, but no later than 180 days after its initial start-up;
(2) Equipment already operating shall be te sted according to the time frames set forth by the Department.
The Department shall require that all appli cable testing be performed using the methods described in 40 CFR Pa rt 60, Appendix A as of August 30, 1992. The Department, with the concurrence of the EPA, may approve, at its discretion, alternate samp ling methods that are equivalent to the specified methods. The resu lts 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 availabl e 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 requir ed by federal law and upon request of the Department:
(A) Install, calibrate, operate , and maintain equipment to continuously m onitor or determine f ederally regulated air pollutant emissions in accordance with applicable performance specifications in 40 CFR Pa rt 60 Appendix B as of August 30, 1992, and quality assurance procedures in 40 CFR Part 60 Appendi x F as of August 30, 1992, and other methods and conditions that the Department, with the concurrence of the7-3 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 em issions monitoring or alte rnative continuous em ission monitoring requirements stated therein, if applicable.
(B) Report the data collected by the monitoring equipment to the Department at such intervals an d on such forms as the Departme nt shall prescribe, in accordance with 40 CFR Part 51, Appendix P, Section 4.0 (Minim um 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 pe rmit modification is required, the Department shall be notified in writing within 30 days of the following events;
(A) The date of commence ment of construction or mo dification; 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 amount s of federally regulated air pollutants

em itted to the air by the equipm ent in question. All records, including compliance status reports and excess emissi ons measurements shall be retained for at least five (5) years, and shall be made available to a ny agent of the Depart ment or EPA during regular business hours.
(B) Supply the following information, correlated in units of the applicable em issions 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 Departme nt by a responsible official on such forms and at such time intervals as pr escribed by applicable federal regulations or the Department. Reporting periods shall be a 12 month period.
(D) Each emission inventory is to be accompan ied by a certifying stat ement, signed by the owner(s) or operato r(s) and atte sting that the information c ontained 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 em issions limitations and be made available to the public at the Department’s central offices during normal business hours.8-1 

### CHAPTER 8: 111(D) DE SIGNATED FACILITIES

Reg. 19.801 Purpose
The purpose of this chapter is to establish re gulations 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 equi pment located at facilities described in this chapter to b e exceeded. Future permit conditions may place more stringent emissions limitations on the equipment which shall supersed e the limitations of this section.
Reg. 19.803 Sulfuric Acid Plants (H 2 SO 4 Mist)
(A) El Dorado Chemical Co mpany (Arkansas Fa cility 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 (H 2 SO 4 ) mist/ton 100% acid.
(2) [RESERVED]
(B) Compliance testing shall be performe d using EPA Method #8 (40 CFR Part 60 Appendix A as of May 25, 1979) at interval s specified in the applicable permit.
Reg. 19.804 Kraft Pulp Mills (TRS)
(A) Affected Facilities
Equipm ent located at the following kraft pulp mills are affected by the provisions of this subsection. The total reduced sulfur (TRS) em issions limitations are contained in Table 19.8.1

.
(1) International Paper Compa ny (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 Corpora tion (AFIN 0200013) of Crossett.
(5) Georgia-Pacific Corpor ation (AFIN 4100002) of Ashdown.
(6) Potlatch Corporation (AFIN 2100036) of McGehee.
(B) Compliance Testing Requirements
All designated equipmen t in Table 19.8.1 shall have annual compliance testing of TRS em issions performed using EPA Method 16. Data reduction sh all 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 designat ed facilities shall c onduct TRS continuous monitoring in accordance with the requirem ent s of 40 CFR 60.284 (date of installation not withstanding). The continuous monitoring system s shall be operated accor ding to the provisions of 40 CFR 60.284 by April 1, 1993, excep t that continuous emissions mo nitors 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/kg8-4 Recovery Furnaces – measured as hydrogen sulfide (H 2 S) on a dry basis and on a 12 hour average, corrected to 8% by volume oxygen. Lime Kilns – measured as H 2 S on a dry basis and on a 12 hour av erage, corrected to 10% volume oxygen. Smelt Dissolving Tanks – measured as grams H 2 S/kg black liquor solids on a 12 hour average. Digesters and Evaporators – efficient incinera tion of non-condensible ga ses (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 Arka nsas Pollution Control and Ecology Commission, adopted in accordance with the pr ovisions of Pa rt 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 th e Arkansas Plan of Implementation for Air Pollution Control, hereinafter referred to, respectivel y, as the “PSD Regulations.”
Reg. 19.902 Purposes
Promulgation and enforcement of these PSD Regulat ions is intended to further the purposes of the Plan and the Regulations of the Plan, incl uding, but not limited to, acceptance of delegation by the EPA of authority for enforcement of regul ations governing the pr evention of significant deterioration of air quality and regulations govern ing the protection of vi sibility in mandatory Class I federal areas.
Reg. 19.903 Definitions
(A) "Advance notification" (of a perm it application) means any written communication which establishes the applicant's intenti on to construct, and which provides the Department with sufficient information to determine that the proposed source may constitute a major new source or major modi fication, 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 sha ll 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 incons istent with the context in which they are used. Wherever there is a difference between the definitions in Chapter 2 of Regulation9-2 19 and those listed in 40 CFR 52.21(b) a nd 40 CFR 51.301, the federal definitions as listed in 40 CFR 52.21(b) and 40 CFR 51.301 as of Nove mber 29, 2005, shall apply.
(C) The definition for “routine maintenan ce, repair and replacement” in 40 CFR 52.21(b)(2)(iii)(a) is not incorporated.
Reg. 19.904 Adoption of Regulations
(A) Except where m anifestly inconsiste nt with the provisions of the Clean Air Act, as amended, or with federal regulations a dopted pursuant thereto, and as amended specifically herein by paragr aphs (B), (C), (D), (E), and (F) of Reg. 19.904, the Arkansas Department of Environmental Qual ity 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 re ference, 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 Pl an, these PSD Regulations , and the applicable federal regulations, as incorpor ated herein by reference.
(B) Exclusions from the consumption of increments, as provided in 40 CFR 51.166(f)(1)(iii) as of Novem ber 29, 2005, sha ll 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 requi red under this part ind icate that the issuance of a permit for any major stationary source or for any major modification would result in the consumpti on of more than fifty percent (50%) of any available annual increment or eight y 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 c onsumption would have upon the industrial and economic developm ent within the area of the proposed source; and
(b) Alternatives to such consumpti on, including alternative siting of the proposed source or portions thereof.
(2) The assessment required under subparagra ph (4) above shall be ma de part of the application f or 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 subpara graph (4) above sh all be in detail commensurate with the degree of propos ed increment consumption, both in terms of the percentage of increment consumed and the area affected.
(4) The assessment required under subparagr aph (4) above may be ma de effective where a proposed source would cause an increment consumption less than that specified in said subparagraph if the Di rector finds that unusual circumstances exist in the area of the proposed source which warrant such an assessment. The Director shall notify the applicant in wr iting of those circumstances which warrant said assessment. The Commission may resc ind or modify the Director's action, upon a showing by the applicant that the circumstances allege d 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 Novem ber 29, 2005, the following requirements shall also apply:
Impacts on mandatory Class I federal ar eas include impacts on visibility. The preliminary determination that a sou rce may affe ct air quality or visi bility in a mandatory Class I federal area shall be made by the De partment, based on screen ing 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 Admi nistrator or the Environm ental Protection Agency, the re ference, for the purposes of paragraph (A) of Reg. 19.904, shall be deem ed to mean the Arkansas Department of9-4 Environmental Quality, unless the context pl ainly dictates otherwise, except in the f

ollowing sections:
(1) Exclusion from increment consump tion: 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 Ar kansas shall comply with Arkansas Code Annotated 1987 Sec tion 8-3-101 et seq.10-1 

### CHAPTER 10: REGULATIONS FO R 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 Cl ean Air Act, shall be known as th e Regulations for the Control of Volatile Organic Compounds.
Reg. 19.1002 Purpose
The Regulations for the Control of Volatile Or ganic Compounds are designed to provide for the attainment and m aintenance of the National Ambient Air Quality Standards for ozone in those areas of Arkansas which have been designate d as nonattainment areas by the EPA pursuant to the federal Clean Air Act and are further designed to bring the Ar kansas Plan of Implementation for Air Pollution Control into complian ce with the provisions of said Act.
Reg. 19.1003 Definitions
When used in these Regulations for the Cont rol of Volatile Organic Compounds, the following definitions a pply. 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 term s 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 Ai r 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 equipm ent which applies, conveys, and dries a surface coating.10-2 "Control Technique Guideline" means any of the guideline series documents describing an

em ission 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 atm ospheri c conditions, the diluents evaporate, leaving the asphalt cement to pe rform its function.

"Crude oil" means a naturally occurri ng 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 cr ude oil and/or condensate, after processing and/or treating in the producing operations, from storag e tanks or automa tic transfer facilities to pipelines or any other forms of transportation.
"Delivery vessel" means tank trucks or trailers equippe d with a storage tank and used for the transport of gasoline from sources of supply to st ationary tanks of gasolin e dispensing facilities.
"Existing source" means any source of volatile organi c compounds other than a new source.
"External floating roof" means a storage ves sel 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 wi th a closure seal or seals to close the space between the roof edge and tank shell.
"Extreme performance coating" means coatings designed fo r harsh exposure or extreme environmental conditions.

"Gasoline" m eans 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 inte rnal combustion engines.

"Gasoline dispensing facility" means any site where gasoline is dis pensed to motor vehicle gasoline tanks from stationary storage tanks.10-3 "Gasoline tank truck" means tank trucks or tr ailers equ ipped 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 prim ary 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 or ganic solvent than the conventional coatings used by the industry. Low solvent coatings include water borne, high solids, electrodeposition and powder coatings.

"Lowest Achievable Em ission 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 owne r or operator of the proposed source demonstrates that such limitati ons are not achievable, or the most stringent emission limitation which is achieved in practice by such class or categor y of source, whichever is more stringent. In no even t 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 em it 100 tons or more per year of volatile organic compounds.

"Modification" means any physical change in, or ch ange in the method of opera tion 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 provision s of Section 111 of the federa l Clean Air Act [NSPS, 40 CFR Part 60].10-4 "Operator" means any person who leases, operates, cont rols, or supervises any source, facility or equipment affected by these regulations.

"Own er" 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 represen tative or assignee.

“Prime coat" means the first of two or more film s 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 cont rol technology that is reasonably available considering technologica l and economic feasibility. It may require technology that has been applied to sim ilar, but not necessarily identical source categories.
"Single coat" means one film coating a pplied 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 descri bed 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 wh ich used direct displacement by the gasoline being transferred to force vapors from the vessel being loaded into either a vess el being unloaded or a vapor contro l system or vapor holding tank.
"Vapor control system" means a system that prevents rele ase to th e 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 th e bottom of the prim ary 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 contro ls are governed by Reg. 19.1005 hereof;
(b) Any source which is subject to the terms of a Commi ssion order issued pursuant to Reg. 19.1004(D)(1) hereof, and
(c) Any new major source.
(2) The provisions of Chapter 10, the Regulat ions 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 th e provisions of Reg. 19.1004(D)(1) shall go into full force and effect on April 1, 1979. The effectiv e date for Reg. 19.1005(A)(B) and (C) is July 1, 1979, a nd for Reg. 19.1005(D) and (E) is October 1, 1980. The effective date for Reg. 19.1005(F) is A pril 1, 1981.
(B) Exemptions and Variances
(1) [RESERV ED]
(2) The requirements of Reg. 19.1005 are base d upon information presented in the Control Technique Guidelines as publishe d by the EPA and are intended to be consistent with Reasonably Available Control Technology. T he owner or operator of equipment affected by the provis ions of Reg. 19.1005 may be granted a variance from the specific provisions of su ch section provided that such owner or operator can demonstrate to the reasonabl e satisfaction of the Commission that full and strict compliance is technologica lly or economically in feasible or that alternative techniques to be employed by su ch owner or operat or will result in substantially the same environmental benef its as would be achieved with full and strict compliance with the provision s of Reg. 19.1005. In no event, however, shall the Commission issue variances fr om the requirements of Reg. 19.1005 if10-6 such variances will prevent reasonable further progress for the attainm ent and maintenance of the National Ambien t Air Quality Standards for ozone.
(C) Toxic Compounds
The Regulations for the Control of Volatile Or ganic Compounds are not intended as appropriate controls for sources which em it volatile organi c compounds which are hazardous air pollutants.
(D) Determ ination of Reasonably Available Control Technology
(1) Where the Departme nt proposes the ex istence of Reasonabl y Available Control Technology for existing sources, other than the sources for which the provisions of Reg. 19.1005 are applicable, the Departme nt 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, cat egory or by individual source nam e, the affected sources. The public notice shal l also give notice of public hearing concerning the subject proposals. If, af ter review of the information produced through the public hearing process, the Department determines that such technology does exist and that the application of such t echnology is necessary to maintain reasonable further progress towa rd the attainment and maintenance of the National Ambient Air Quality Standards for ozone, the Department shall issue an order requiring the inst allation of such technology.
(2) Any order issued pursuant to Reg. 1 9.1004(D)(1) above may re quire the owner or operator of sources affected by such order to file such schedule s and reports as the Departme nt 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 subm itted 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 co mpliance schedule for any source shall be approved by the Department unl ess the Department finds that the controls proposed by the owner or ope rator 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 complia nce date. Extensions beyond the final compliance date may be granted by the Department provided the Department finds that such extensi ons 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 exis ting source in a manner which violates the term s 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 m odification of a new sour ce after July 1, 1979, unless that person has first received a permit from the Depart ment. Application for permit shall be of such form and contain such informa tion as the Department may reasonably require.
(a) New Major Sources: No permit shal l be issued for the construction, installation or modification of a new ma jor source after July 1, 1979, unless the Department determines the following conditions to have been met:
(i) The emissions resulting from the pr oposed source when considered together with all other existing and proposed emissions of volatile organic compounds in P ulaski 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 th e proposed new ma jor 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 ma jor 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 iss ued to a new major source which would otherwise cause or contribute to emission levels which exceed the allowable levels for Pulaski Coun ty, as described in the State10-9 Implementation Plan for Air Pollution Control, as amended, if the owner or operator of that s ource first submits legally binding agreements to the Department which reflect em ission reductions from other sources in Pulaski County, or from sources within seventy-two (72) miles of the Nort h Little Rock Municipal Airport, which would more than offset th e emissions from such proposed new major source. Emission reduct ions 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 ne w source of the size, type, class, or category for which the provi sions of Reg. 19.1005 apply unless the Department finds that such new source incorporates Reasonably Available Control Te chnology 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), unle ss the Department finds that such source incorporates Re asonably 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 Requireme nts10-10 (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 Regulati ons. For purposes of this chapter, the provisions of Chapter 7 of the Regul ations of the Arkansas Plan of Implementation for Air Pollution Control shall apply.
(2) For purposes of administering the provisi ons of the Regulations for the Control of Volatile Organic Compounds, the Director shall not be lim ite d to the results obtained from emission tests but may, where appropriate, determine the compliance status of any source with re spect to the emission limitations contained herein by the results of e ngineering evaluations, by insp ection 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 pr ovisions of Reg. 19.1005 or, where Reg. 19.1005 is not appl icable, is designed and operated in accordance with the provisions of a Department Or der 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 gasolin e 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 dem onstrate compliance with Reg. 19.1005(D) by the methods of Part 3 of this subsection or an alternative m ethod approved by the Director.
(b) The owner or operator of a tank truc k subject to this regula tion must notify the Director in writing of the date and location of a certification test at least thirty (30) days be fore the anticipated test date.10-11 (c) Test procedures to determ ine compliance with Re g. 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 Leak s from Gasoline Tank Trucks and Vapor Collection Sy stems", EPA-450/2-78-051.
(d) Monitoring to confirm the continui ng existence of leak tight conditions shall b e consistent with the pro cedures described in Appendix B of the OAQPS Guideline Series documen t, "Control of Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems", EPA- 450/2-78-051.
(4) To test for compliance with Re g. 19.1005(E) procedures outlined in EPA guideline series document "Measurem ent 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 m easuring the length and width of the gaps around the entire circum ference 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 ar ea 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 subj ect to these Regulations m ay bu ild, 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) a bove include, but are not limited to, the10-12 use of gaseous diluents to achieve comp liance and the piecemeal carrying out of an operation to avoid covera ge by a Regulation that a pplies 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 breakdow n, malfunction or upset of process or emission control equipment, or sudde n 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 determin ed 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 subm itted to the Director which includes the cause and nature of the event, estimated quantity of vola tile organic compounds emitted, time of emission and to prevent recurrence; and

(e) the Director is immediately notifie d when corrective measures have been accomplished.

(2) [RESERVED]

Reg. 19.1005 Provisions for Specific Processes
(A) Gasoline Storage and Marketing10-13 (1) No person shall cause or permit the load ing of gasoline into a storage tank of a gasoline storage or ma rke ting facility with a monthly throughput in excess of 10,000 gallons except through a submerged fi ll pipe or by bottom loading. This provision shall not apply to storage ta nks of less than 4,000 liter capacity (approximately 1,000 gallons).
(2) No person shall cause or permit the oper ation of a gasoline bul k facility of less than 87,000 liters (23,000 ga llons) per day throughput unl ess all gasoline delivery vessels are loaded by submerge d fill pipe or bottom filling.
(3) No person shall cause or permit the oper ation of a gasoline bul k 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 gaso line loaded (4.7 grains per gallon).
(B) Petroleum Liquid Storage
(1) No person shall cause or permit the st orage of volatile organic com pounds 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 greate r than 150,000 liters (approximately 39,000 gallons) unless such tanks:
(a) meet the equipment specifications and maintenance requ irements of the federal Standards of Performance fo r 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 floati ng cover using a nonmetallic resilient seal as a primar y seal which meets the equipment specifications in the federal standard s referred to in Reg. 19.1005(B)(1)(a), or its equivalent, or10-14 (c) have a covered floating roof or in ternal floating cover which is maintained in effective working order and whic h meets the manufacturer's equipment specifications in effect at the time it was installed.
(2) All seals necessary to meet the re quirements 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 mi x, use or apply cutback asph alt for roadway paving except where the cutback asphalt is used solely as a penetrating prime coat or when the m aximum ambient temperature on the day of applica tion is less than 15 degrees Celsius ( 0 C) (59 degrees Fahrenheit [ 0 F]).
(D) Gasoline Tank Trucks and Vapor Collection Systems
(1) No person shall allow a gasoline tank truc k subject to this regulation to b e filled or emptied unless the gasoline tank truck:
(a) is tested on a schedule acceptable to the Director accord ing 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 H 2 O]) in five minutes when pressu rized to a gauge pressure of 4,500 pascals (18 in. of H 2 O) or evacuated to a gauge pressure of 1,500 pascals (6 in. of H 2 O) 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 chapte r. (2) The owner or operator of a vapor coll ection system subject to this regulation shal l:10-15 (a) Design and operate the vapor coll ection system and th e gasoline loading equipment in a manner that prevents:
(i) Gauge pressure from exceeding 4,5 00 pascals (18 in. of H 2 O) and vacuum from exceeding 1,500 pascals (6 in. of H 2 O) 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) W ithin 15 days, repair and retest a vapor collection or control system that exceeds the limit in supp orting Reg. 19.1005(D)(2)(a)(ii) above.
(3) The Director may, at any time, mon itor a gasoline tank truck, vapor collection system, or vapor control system by th e m ethod 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 sour ce engaged in the surface coating of

m iscellaneous metal parts and products ma y 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 applicat or that applies clear coatings;
(b) 0.42 kg/l (3.5 lb/gal) of coating, ex cluding water, deliver ed to a coating applicator in a coati ng application system that ut ilizes air or forced air dryers;10-16 (c) 0.42 kg/l (3.5 lb/gal) of coating, ex cluding water, deliver ed to a coating applicator th at applies extreme performance coatings;
(d) 0.36 kg/l (3.0 lb/gal) of coating, ex cluding water, deliver ed to a coating applicator for all ot her coatings and coating application system s; and
(e) The above emission limitations shal l 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) app lies to a specific coating, then the most stringent emission lim itation shall be applied.
(3) The emission limits set forth in Reg. 19.1005(E)(1) shall be achieved by:
(a) The application of lo w solvent coating technology;
(b) An incineration system which oxidizes at least 90.0 percent of the nonmethane VOC measured as total com bustible carbon to carbon dioxide and water; or (c) An equivalent means of VOC remo val. The equivalent means must be certified by the owner or opera tor and approved by the Director.
(4) A capture system must be used in conj unction with the emission control system in Reg. 19.1005(E)(3)(b) and (c). The design a nd operation of a capture system m ust be consistent with good engi neering practice, and shall be required to provide for an overall VOC emission reduction effi ciency 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 e ffectiveness 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 un iformly in place aroun d 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 diam eter (1.0 square inch per foot of inside tank diameter);
(c) All openings in the external floa ting roof except fo r automatic bleeder vents, rim space vents, and leg sl eeves 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 manufactur er'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 ha ving capacities less than 1,600,000 liters (10,000 barrels [bbls]) used to stor e 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 ta nks storing waxy, heavy pour crudes.
Reg. 19.1006 Severability
If any provision of the Regulations for the C ontrol of Volatile Organic Compounds or the application thereof to any person or circumstance is held inv alid, such invalidity shall not affect other provisions or applications of the Re gulations 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 th e Control of Volatile Organic Compounds are declared to be severable.11-1 

### CHAPTER 11: MAJOR SOURCE PERMITTING PROCEDURES

Facilities subject to Arkansas Pollution C ontrol and Ecology Commission’s, Regulation 26, Regulations of the Arkansas Operating Air Pe rmit 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 facili ties and gasoline service st ations and to delivery vessels delivering gasoline to a gasoline dispensing facility or ga soline service station in a nonattainment area; and this rule applies to all persons owning or operating a gasoline distribution facility or gasoline serv ice station in a nonattainment area.
Reg. 19.1303 Definitions
(A) A Coaxial system @ means the de livery 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 w ithin a tube. Product is delivered thro ugh the inner tube, and vapor is rec overed through the annular space betw een the walls of the inner tube and outer tube.
(B) A Delivery vessel @ means tank trucks or trailers equi pped with a storage tank and used for the transport of gasoline from sources of supply to stationary storage tanks of gasoline dispensing facilities.
(C) A Dual point system @ means the delivery of the product to the stationary storage tank and the recovery of vapors from the st ationary storage tank occurs through two separate openings in the st orage tank and two separate hoses between the tank truck and the stationary storage tank.
(D) A Gasoline @ means any petroleum distillate or ble nd 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) A Gasoline dispensing facility @ m eans any site where gasoline is dispensed to motor vehicle gasoline tanks from stationary storage tanks.
(F) A Gasoline service sta tion @ means any gasoline dispensing facility where gasoline is sold to the motoring public from stationary storage tanks.
(G) “Independent small business mark eter” mean s 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 wi th, a refiner, or
(c) is otherwise directly or indirectly a ffiliated 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 tr ademark, 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 hi s of her annual income from re fining or marketing of gasoline.
(3) For purposes of this regulation, the term “refiner” shall not include any refiner whose total refi nery capacity (includi ng the refinery capacity of any person who controls, is controlled by, or is under common control w ith, such refiner) does not exceed 65,000 barrels per day. For purpos es of this section, “control” of a corporation means ownership of mo re than 50 percent of its stock.
(H) A Leak 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, handl ing, and ancillary equipment, including, but not limited to, seepage and escapes from above ground fittings.
(I) A Line @ means any pipe suitable for transferring gasoline.13-3 (1)

(2) (J) A Nonattainment area @ means a county or counties designated by EPA a s not meeting the NAAQS for ozone.
(K) A Operator @ means any person who leases, operates, controls, or supervises a facility at which gasoline is dispensed.
(L) A Owner @ means any person who has legal or equita ble title to the gasolin e storage tank at a facility.
(M) A Poppeted vapor recovery adaptor @ means a vapor recovery ad aptor 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) A Stationary storage tank @ means a gasoline storag e container that is a permanent fixture.
(O) A Submerged fill pipe @ means any fill pipe with a discharge opening which is entirely subm erged when the pipe normally used to withdraw liquid from the tank can no longer withdraw any liquid, or which is entire ly submerged when the level of the liquid is:

Six inches above the bottom of the tank if the tank does not have a vapo r 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, th e distance is measured from the top of the slanted cut to the bottom of the tank.
(P) A Throughput @ means the amount of gasoline dispensed at a facility.
(Q) A Vapor tight @ means a condition in which an organi c vapor analyzer or a com bustible 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 gasolin e dispensing facilities or gasoline se rvice stations equipped with floatin g roofs or their equivalent.
(B) Stationary storage tanks with a capa city of not more than 550 gallons, if the tanks are equipped with a submerged fill pipe.
(C) Stationary st orage tanks used exclusively fo r the fueling of implements of normal farm operations.
(D) Facilities selling less than 10,000 gallons of gasoline per month.
(E) Independent small business ma rketers of gasoline selling less than 50,000 gallons per month.
(F) Any other facility or use exempt ed by state or federal statute.
Reg. 19.1305 Prohibited Activities
No person may cause, allow or perm it the transfer of gasoline from any delivery vessel into any stationary storage tank unless such tr ansfer complies with the following requirements:
(A) The stationary storage tank is equi pped with a submerged fill pipe and the vapors displaced from the tank during filling are co ntrolled by a vapor control system as described herein;
(B) The vapor control system is in good working order and is connected and oper ating with a vapor tight connection;
(C) The vapor control system is properly main tained and any dam aged 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 w orking order;
(E) All loading lines and vapor lin es of delivery vessels and va po r collection systems are equipped with fittings which ar e leak tight an d vapor tight;
(F) All hatches on the delivery vessel are ke pt closed and securely fastened; and13-5 (1) (G) The stationary storage tank has been test ed, no less than annually, on a schedule acceptable to the Director according to the test m ethods required herein.
Reg. 19.1306 Record Keeping
The following records shall be maintained for not less than two (2) year s and the same shall be made available for inspection by the Department:
(A) The scheduled date for maintenance and test ing, and the date that a ma lfunction was detected;
(B) The date the maintenance and testing was performed or the malf unction corrected; and
(C) The date the component or el em ent of design of the control system was r epaired, 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 faci lity or gasoline serv i ce station shall be available for inspection by repr esentatives of the Department.
(B) The process of transfer of gasoline from any de livery 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 sh all include one or more of the following:
A vapor-tight lin e from the stationary st orage tank to the de livery 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 sy stem or equivalent design ed to recover or destroy at least 90 percent by weight of the or ganic com pounds 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 o r a vapor return line except when the vapor return line is being connected or disconnected.
(C) If an unpoppeted vapor rec overy adaptor is used, th e unpoppeted vapor recovery adaptor shall be replaced with a po ppeted vapor recovery adaptor when the tank is replaced or upgraded.
(D) Where vapor lines from the storage tanks are manifolded, poppeted vapor recovery adapte rs 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 le ss than 3 inches. If the manifold vapor lines have a nominal pipe size of 3 inches or la rger, then two ta nks at a time may be loaded.
(E) Vent lines on stationary storag e tanks shall have pressure re lease valves o r restrictors.
Reg. 19.1309 Gasoline Delivery Vessels
(A) Gasoline delivery vesse ls shall be designed and maintained to be vapor-tight during loading and unloading operati ons and during transport.
(B) Gasoline delivery vessels shall be tested, no less than annua lly, on a schedule acceptable to the Director acco rding to the test methods required herein.
(C) Gasoline delivery vessels shall sustain a pr essure change of no more than 750 pascals (3 in. of H 2 O) in five minutes when pressurize d to a gauge pressure of 4,500 pascals (18 in. of H 2 O) or evacuated to a gauge pre ssure of 1,500 pascals (6 in. of H 2 O) during testing.13-7 (1)

(2)

(3) Reg. 19.1310 Owner/Operator Responsibility
(A) It shall be the responsibility of owners and operators of gasolin e dispensing facilities and gasoline service stations to a ssure 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 dr ivers of deliv er y vessels to assure compliance with this rule and to refu se to transfer from any delivery vessel that does not comply with those re quirements of this rule appl icable to delivery vessels.
(C) It shall be the responsibility of owners and operators of gasolin e dispensing facilities and gasolin e service stations to properly maintain, repair, replace, modify, and test the vapor recovery system components of sta tionary storage tanks regulated herein.
(D) It shall be the responsibility of owners a nd operators of gasoline dispensing facilities, gasoline service stations, and gasoline deliver y 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 monito ring, the organic vapor analyzer or combustible gas detect or 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 leakag e shall be rec orded, along with the date, time and name of the person performing the testing. If no gasoline vapor is de tected, that fact shall be recorded.13-8 (1)
(2)
(3) (B) Control efficiency of vapor recovery systems and vapor collection/processing systems shall be determ ined 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 determ ined 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 cont aining no oxygenates or MTBE (methyl ethyl butyl ether) as the sole oxygenate. Met hod D-4953-93 shall be used for oxygenated gasoline.
Reg. 19.1312 Effective Date
(A) The requirements of this rule shall be eff ective within nonattainment areas one (1) year after the designation by EPA of an area as a non attainment area.
(B) In the case of an independent small busine ss marketer with sales of 50,000 gallons or more per m onth, 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 NO X 

### OZONE SEASON TRADING PROGRAM GENERAL PROVISIONS

Reg. 19.1401 Adoption of Regulations
40 CFR Part 96, Subparts AA AA-HHHH for the CAIR NO x Ozone Season Trading Program, as finalized by the U.S. Environmental Protec tion Agency (EPA) on May 12, 2005, and further revised by EPA on April 28, 2006, with corre cting amendments on December 13, 2006, are herein incorporated by reference with the exception of Subpart EEEE (CAIR NO x Ozone Season Allowance Allocations) and a ll references to CAIR NO x Ozone Season Opt-in Units, which, along with Subpart IIII (CAIR NO x 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 NO x 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 NO x Ozone Season Allowance Allocations
(A) For EGUs allocated allowances under Reg. 19.1404(B) and (C), the Department will determ ine and notify the Administrator of each unit’s allocation of CAIR NO x Ozone Season allowances by April 30, 2007, fo r 2009, 2010, and 2011 and by October 31, 2008, and October 31 of each year thereafter for the 4 th year after the notification deadline.
(B) For EGUs allocated allowances under Re g. 19.1404(D), the Departm ent will determine and notify the Administrator of each unit’s allocation of CAIR NO x Ozone Season allowances by July 31 of the year for which the CAIR NO x Ozone Season allowances are allocated.

14-1Reg. 19.1404 CAIR NO x Ozone Season Allowance Allocations
(A) The baseline gross electric generation (i n MW) used with respect to CAIR NO x Ozone Season allowance allocations unde r Reg. 19.1404(B) for each CAIR NO x Ozone Season unit that has operated each calenda r 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 gr oss electrical output of a generator served by two or more units will be attributed to e ach unit in proportion to each unit’s share of the total control period heat input of such units for th e year. For th e 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 Depa rtm ent will allocate to all CAIR NO x Ozone Season units in the State that have baseline gross electric generation (as determined under Reg. 19.1404(A)) a total amount of CAIR NO x Ozone Season allowances equal to 95 percent for a control period, of the tons of NO x emissions in the State trading budget under Reg. 19.1402 (except as provided in Reg. 19.1404(E)).
(C) The Department will allocate CAIR NO x Ozone Season allowances to each CAIR NO x Ozone Season unit under Reg. 19.1404(B) in an amount determined by multiplying the total amount of CAIR NO x Ozone Season allowances allo cated under paragraph (B) of this section by the ratio of the baseline gross electric generation of such CAIR NO x Ozone Season unit to the total amount of baselin e gross electric generation of all such CAIR NO x 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 Departm ent will allocate CAIR NO x Ozone Season allowances to CAIR NO x 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-asid e will be allocated CAIR NO x Ozone Season allowances equal to 5 percent of the amount of tons of NO x emissions in the State trading budget under Reg. 19.1402.

14-2(2)

(3)

(4) The CAIR designated represen tative of such a CAIR NO x Ozone Season unit may submit to the Department a request, in a fo rmat specified by the Department, to be allocated CAIR NO x Ozone Season allowances, star ting with the later of the control period in 2009 or the fi rst control period after th e control period in which the CAIR NO x Ozone Season unit commences comm ercial operation and until the first control period for the which the unit is allocated CAIR NO x Ozone Season allowances under Reg. 19.1404(B). The CAIR NO x Ozone Season allowance allocation request must be submitted on or before January 1 of the first control period for which the CAIR NO x Ozone Season allowances are requested and after the date on which the CAIR NO x Ozone Season unit commences commercial operation.

In a CAIR NO x Ozone Season allowance allocation request under Reg.19.1404(D)(2), the CAIR designated repres entative may request for a control period CAIR NO x Ozone Season allowances in an amount not exceeding the CAIR NO x Ozone Season unit’s total tons of NO x emissions during the control period immediately before such control period.
The Department will review each CAIR NO x Ozone Season allowance allocation request under Reg. 19.1404(D)(2) and will allocate CAIR NO x Ozone Season allowances for each control period pursuant to such request as follows:
(a) The Department will accept an a llowa nce 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 NO x Ozone Season allowances requested (as adjusted under Reg. 19.1404(D)(4 )(a)) for the control period.
(c) If the amount of CAIR NO x 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 NO x Ozone Season allowances requested (as adjusted under Reg. 19.1404 (D)(4)(a)) to each CAIR NO x Ozone Season unit covered by Reg. 19.1404 (D)(4)(a).

14-3(d) If the amount of CAIR NO x 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 NO x Ozone Season unit covered by an allowance allocation request accepted under Reg. 19.1404 (D)(4)(a) the amount of the CAIR NO x Ozone Season allowances requested (as ad justed under Reg. 19.1404 (D)(4)(a)), multiplied by the amount of CAIR NO x 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 repr esentative that submitted an allowance allocation request of the amount of CAIR NO x Ozone Season allowances (if any) allo cated for the cont rol period to the CAIR NO x 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 NO x Ozone Season allowances remain in the new unit set-aside for the control period, the Department will allocate to each CAIR NO x Ozone Season unit that was allocated CAIR NO x Ozone Season allowances under Reg. 19.1404 (B) an amount of CAIR NO x Ozone Season allowances equal to the total am ount of such remaining unallocated CAIR NO x Ozone Season allowances, multiplied by the unit’s allocation under Reg. 19.1404(B), divided by 95 percent of the amount of tons of NO x emissions in the State trading budget unde r 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 estab lish regional haze prog ram 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

15-1SN-03 #1 Power Boiler Domtar Industries, Inc. – 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
SN-19 6A Boiler Georgia-Pacific Corporation – 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

BH-01 Boiler #1 Albermarle Corporation – South 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

15-2Reg. 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

SN-03 #1 Power Boiler 41-00002 Domtar Industries, Inc. Ashdown Mill

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 insta ll and operate B ART 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 Ar kansas Regional Haze State Implementation Plan, whichever comes first. (C) Each source subject-to-BART shall ma inta in 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 compl iance date re quired 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 (SO 2 ) per million Btu of heat input (0.15 lb/MMBtu) on a 30-day rolling average; 0.23 pounds of nitrogen oxides (NO x ) 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 compl iance date requi red under Reg. 19.1504(B), Arkansas Electric Cooperative Corporation Carl E. Bailey Gene rating 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 compl iance date requi red 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 re quired under Reg. 19.1504(B), Domtar Industries Inc. – Ashdown Mill, #1 Power Boi ler, SN-03 shall comply with BART by meeting the following emission limits:
1.12 pounds of SO 2 per million Btu of heat input (1.12 lb/MMBtu) on a 30-day rolling average; 0.46 pounds of NO x per million Btu of heat input (0.46 lb/MMBtu) on a 30-day rolling average; and 0.07 pounds of PM 10 per million Btu of heat input (0.07 lb/MMBtu) on a 30-day rolling average. (E) On or before the compliance date requi red under Reg. 19.1504(B), Domtar Industries Inc. – Ashdown Mill, #2 Power Boi ler, SN-05 shall comply with BART by meeting the following emission limits:
1.20 pounds of SO 2 per million Btu of heat input (1.20 lb/MMBtu) on a 30-day rolling average; 0.450 pounds of NO x per million Btu of heat input (0.450lb/MMBtu) on a 30-day rolling average; and 0.10 pounds of PM 10 per million Btu of heat input (0.10 lb/MMBtu) on a 30-day rolling average. (F) On or before the compliance date requi red under Reg. 19.1504(B), Entergy Arkansas, Inc. – White Bluff, Unit 1 Boiler, SN-01 shall com ply 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 SO 2 per million Btu of heat input (0.15 lb/MMBtu) on a 30-day rolling average; 0.28 pounds of NO x 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 requirem ent. (G) On or before the compliance date requi red 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 SO 2 per million Btu of heat input (0.15 lb/MMBtu) on a 30-day rolling average; 0.15 pounds of NO x 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 requirem ents. (H) When burning a mix of bitumi nous coal and sub-bituminous coal in the Unit 1 Boiler at Entergy Arkansas, Inc. – White Bluff the NO x BART limits shall be prorated using the percentage of each of coal being burned. (I) On or before the compliance date requi red 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 SO 2 per million Btu of heat input (0.15 lb/MMBtu) on a 30-day rolling average; 0.28 pounds of NO x 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 requirem ents. (J) On or before the compliance date requi red 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 SO 2 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 NO x 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 requirem ents. (K) When burning a mix of bitumi nous coal and sub-bituminous coal in the Unit 2 Boiler at Entergy Arkansas, Inc. – White Bluff the NO x BART limits shall be prorated using the percentage of each of coal being burned. (L) On or before the compliance date requi red under Reg. 19.1504(B), Entergy Arkansas, Inc. – White Bluff, auxiliary boiler, SN- 05 shall comply with BART by res tricting operation to not more than 4360 hours annually. (M) On or before the compliance date requi red under Reg. 19.1504(B), Entergy Arkansas, Inc. – Lake Catherine Plant, Unit 4 Boiler, SN-03 shall co mply with BART by meeting the following emission limits when burning natural gas:
0.15 pounds of NO x 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 requirem ents. (N) On or before the compliance date requi red under Reg. 19.1504(B), Entergy Arkansas, Inc. – Lake Catherine Plant, Unit 4 Boiler, SN-03 shall co mply with BART by meeting the following emission limits when burning oil:
0.562 pounds of SO 2 per million Btu of heat input (0.562 lb/MMBtu) on a 30 day rolling average; 0.25 pounds of NO x per million Btu of heat input (0.25 lb/MMBtu) on a 30 day rolling average; and 0.037 pounds of PM 2.5 per million Btu of heat i nput (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 th e BART limits listed in 19.1505 in accordance with the provisions of Chapter 7 of this regulation.

15-6Reg. 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 Comm ission Regulation 26.

15-7

### CHAPTER 16: EFFECTIVE DATE

Reg. 19.1601 Effective Date
This regulation is effective ten (10) days after fi ling with the Secretary of State, the State L ibrary and the Bureau of Legislative Research.

16-1

# ARKANSAS POLLUTION CONTROL **AND ECOLOGY COMMISSION**

**REGULATION NO. 19**

**APPENDIX A**

**Insignificant Activities List**

### APPENDIX A: INSIGNIF ICANT ACTIVITIES LIST

The following types of activities or emissions ar e deemed insignificant on the basis of size, emission rate, production rate, or activity. Cert ain of these listed activ ities include qualifying statements intended to exclude many similar activi ties. By such listing, the Department exempts certain sources or types of sources from the re quirements to obtain a permit or plan under this regulation. Listing in this part has no effect on any othe r law to which the activity may be subject. Any activity for which a state or federa l applicable requirement applies (such as NSPS, National Emission Standards for Hazardous Air Po llutants [NESHAP], or Maximum Achievable Control Technology [MACT]) is not insignificant, even if this act ivity meets the criteria below.
Group A
The following emission units, operations, or activities must either be listed as insignificant or included in the permit applica tion 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 em issions 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 e qual to 250 gallons storing orga nic liquids having a true vapor pressure less than or equal to 3.5 psia, pr ovided that the aggregate pollutant specific

em issions from all such liquid storage tanks li sted 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 ga llons 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 stor age 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 contro l or e nvironmental monitoring purposes provided that the aggregate pollutant specific emissions from all such equipment/vents considered

A-1insignificant do not exceed 5 tpy of any comb ination of HAPs and 10 tpy of any other pollutant.
6. Non-commercial water washing operations of empty drums less th an or equal to 55 gallons with less th an three percent of the maximum container volume of material.
7. Welding or cutting equipment related to ma nufacturing 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 gall ons in capacity that do not emit any detectable VOCs or HAPs when closed. This includes fil ling, blending, or mixing of the contents of such containers by a retailer.
9. Equipment used for surface coating, pain ting, dipping, or spraying operations, provided the m aterial 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 program s provided that the emission s are less than 10 tpy of any pollutant regulated under this regulati on or less than 2 t py 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 emi ssions are less than 10 tpy of any pollutant regulated under this regulat ion 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 prim ary operating uni t, 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 wh ich provide electricity to the distribution grid.
13. Other activities for which the facility demons trates that no enforceable perm it 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 insignifi cant as discussed in the introduction to this group.

A-2the emissions are less than 5 tpy of any pollu tant 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 ac tivities listed under this group.
Group B
The following emission units, operations, or ac tivities need not be included in a permit application:
1. Combustion emissions from propulsion of mobi le 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 ope rations covered under a ny applicable federal requirements.
2. Air conditioning and heating units used fo r comfort that do not have applicable requirem ents under Title VI of the Act.
3. Ventilating units used for human comfort th at do not exhaust air pollutants into the

am bient air from any manufacturing/ industrial or commercial process.
4. Non-commercial food preparation or food prep aration at restaurants, cafeterias, or caterers, etc.

5. Consum er use of office equipment and produc ts, not including commercial printers or business primarily involved in photographic reproduction.

6. Janitorial services and consum er 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 gene rators at residential locations.
11. Tobacco smoking rooms and areas.

A-312. Blacksmith forges.
13. Maintenance of grounds or build ings, including: lawn care, w eed control, pest control, and water washing activ ities.
14. Repair, up-keep, maintenance, or construc tion activities not rela ted to the source’s primary business activity, and not otherwise triggering a permit m odification. This may include, but is not limited to such activit ies as general repairs, cleaning, painting, welding, woodworking, plumbing, re-tarring ro ofs, installing insulation, paved/paving parking lots, miscellaneous solvent use, app lication 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 a ny facility whose primary business activity is surface-coating or includes surface-coating or products.
16. Portable electrical generato rs that can be “moved by hand” from one location to another. 3
17. Hand-held equipment for buffing, polishing, cutting, drilling, sawi ng, grinding, turning, or machining wood, metal, or plastic.
18. Brazing or soldering equipment related to ma nufacturing activities that do not result in emission of HAPs. 4
19. Air compressors and pneumatically oper ated equipment, including hand tools.
20. Batteries and battery char ging stations, except at batte ry 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 triv ial and listed separately in this appendix.

A-421. Storage tanks, vessels, and containers holdin g or storing liquid subs tances that do not contain any VOCs or HAPs. 5
22. Storage tanks, reservoirs, and pumping a nd handling equipment of any size containing soaps, vegetable oil, grease, animal fat, and no volatile aqueous sa lt 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 ap propriate 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 an imals, but not including other equipment at slaughter-houses, such as rendering cookers , boilers, heating plan ts, 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 m e lt adhesives with no VOCs in the adhesive.
29. Lasers used only on metals and other materi als which do not emit HAPs in the process.

30. Consum er use of paper trimmers/binders.
31. Electric or steam-heated drying ovens and au toclaves, but not the emissions from the articles or substances being processed in the ovens or au toclaves 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 du st collec tion 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-534. Bench-scale laboratory equipment used for phy sical or chemical analysis not including lab fume hoods or vents.

35. Routine calibration and ma intenance of laboratory equi pment or other analytical instruments.

36. Equipment used for quality control/assura nce or inspection purposes, including sampling equipment used to withdraw materials for analysis.
37. Hydraulic and hydrostati c testing equipment.

38. Environmental ch ambers not usi ng 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 a ny required fugitiv e 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 tr eatment 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 cooli ng towers, drinking water systems, and boiler water/feed sy stems. 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-651. 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. Em issions from combustion controllers or combustion shutoff devices but not

com bustion units itself.
56. Use of products for the purpose of maintainin g motor vehicles operated by the facility, not including air cleaning units of such ve hicles (i.e. antifreeze, fuel additives).
57. Stacks or vents to prevent escape of sani tary sewer gases through the plumbing traps.

58. Em issions from equipment lubricating systems (i.e. oil mist), not in cluding storage tanks, unless otherwise exem pt.
59. Residential wood heaters, cookstoves, or fireplaces.
60. Barbecue equipment or outdoor fireplaces us ed in connection with any residence or recreation.
61. Log wetting areas and log flum es. 62. Periodic use of pressurized air for cleanup.
63. Solid waste dumpsters.
64. Emissions of wet lime from lime mud tanks, lime mud wa shers, lime mud piles, lime mud filter and filtrate tanks, and lime mud slurry tanks.
65. Natural gas odoring activities unless the Depart ment determines that emissions constitute air pollution.

66. Emissions from engine crankcase vents.
67. Storage tanks used for the temporary c ontainment of material s resulting from an emergency reporting to an unanticipated release.

A-768. Equipment used exclusively to mill or gri nd coatings in roll grin ding rebuilding, and molding compounds where all materi als charged are in paste form.
69. Mixers, blenders, roll mills, or calendars fo r rubber or plastic for which no materials in powder form are added and in which no haza rdous air pollutants, organic solvents, diluents, or thinners are used or em itted.
70. The storage, handling, and ha ndling equipment for bark and wood residues not subject to fugitive disp ersion offsite (this applies to the equipment only).
71. Maintenance dredging of pulp and pa per 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 fo r domestic (non-process) purposes.
74. Facility ro ads and parking areas, unless necessary to control offsite fugitive emissions.
75. Agricultural operations, includ ing onsite grain storage, not including internal combustion engines or grain elevators.
76. The following natural gas and oil explorat ion production site equipment: separators, dehydration units, natural gas fired compre ssors, and pumping units. This does not include compressors located on na tural gas transmission pipelines.

A-8

# ARKANSAS REmSTER Tratrsmitfar Sheet

oj :
- ,**'~',Lt~~i** :, , ,","\ \ Cha rl iesD>.ahiels**Secr~Q..f.§tate...** .,,,----- State Capitol Room 026 Little Rock, Arkansas 72201-1094 (501) 682-3527 For Office Use Only: Code Number Effective Date

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 State Agency

............................. 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 5 2009 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 of Implementation 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

1/14/99ARKANSAS POLLUTION CONTROL AND ECOLOGY COMlVlISSION

MINUTE ORDERNO. 08**-'~** SUBJECT Adoption of Revisions to Regulation 19, Regulations of the 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 of the Arkansas Plan of Implementation for Air Pollution Control.
PROMULGATED TIllS 5 th 

### 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 ChairmanPage 1 of 2 AFFIDAVIT Before me, the undersigned authority, persona lly 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 Divi sion of the Arkansas Department of Environmental Quality (hereina fter ADEQ) in its regular co urse 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 co ntrol agency because there is not one in

existence. Included in the notice to EPA wa s 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 hear ing up to the time of the comm ent deadline. In addition, all regulation change notices are posted on the ADE Q portion of the website and stay in the yearly web archives. Further, a copy of th e notice was posted on the draft regulations page of the web site along with other docum ents pertaining to the rulemaking process, such as the marked-up regulation, petition for initiation, etc. Eventually, these individual docket pages were archived after the pr oposed rulemaking was adopted by thePage 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 of the

State Implementation Plan were in fact completed.

Affiant

SWORN AND SUBSCRIBED before me on the 13 th day of July, 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. 12369502Regulation 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 08. 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

# kk~ Mike Bates

2 EXHIBIT D

# ARKANSAS REmSTER Tratrsmitfar Sheet

oj :
- ,**'~',Lt~~i** :, , ,","\ \ Cha rl iesD>.ahiels**Secr~Q..f.§tate...** .,,,----- State Capitol Room 026 Little Rock, Arkansas 72201-1094 (501) 682-3527 For Office Use Only: Code Number Effective Date

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 State Agency

............................. 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 of Implementation 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

1/14/99NOTICE OF THREE PUBLIC HEARINGS The Arkansas Pollution Control and Ecology Commission will hold three separate public hearings at North Little Ro ck August 4, 2008, to receive comments on proposed revisions to Commission air quality r egulations. The event w ill begin at 2:00 p.m. in the Commission Room at the Arkansas Department of Environmen tal 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 Cont rol), and 26 (Arkansas Operating Air Permit Program) will be the topics of the August 4 hear ings, 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 hear ing 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, includ ing a new definition of “EPA” and Title I modifications.

• Creation of a new Chapter 15 for language spec ifying the effective date of the regulation.

• Updating Reg. 18.301 to change the emissions perm itting thresholds for carbon monoxide, nitrogen oxides, sulfur dioxi de, volatile organic compounds, the two classifications of particulates, single h azardous air pollutants, and combinations of hazardous air pollutants; adding char coal plants to the list of facilities required to obtain an air permit regardless of emission levels; a nd adding the following source types to the list of facilities not required to have an ai r permit: Stationary reciprocating internal combustion engines for non-part 70 sources (minor sources), hospital ethylene oxide sterilizers, gasoline dispen sing 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 refe rring to disclosure statements with new language referencing Commissi on 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 pollu tants carbon monoxide, nitrogen dioxide, sulfur dioxide, and volat ile organic compounds, and establishing such levels for the two class ificat ions of particulate matter.

• Addition of Reg. 18.312 (Operational Flexib ility--Applicant’s duty to apply for alternative scenarios); Reg. 18.313 (Changes re sulting in no em issions increases); Reg. 18.314 (Permit Flexibility); and Reg. 18.315 (Registration).

• Changes to Appendix A, Insignificant Ac tivities List: Under Group A, Item 12, the addition of exemptions for generators that pr ovide electr icity to th e distribution grid; and under Group B, Item 69, the addition of hazardous air pollutants to the list of substancesthat cannot be used or emitted from mixers, blenders, roll mills, or calendars for rubber or plastic for which no material s in powder form are added.

• Correction of typographical errors and change s in format or style to conform to the Commission’s standardized regulations for mat , 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 modificati on, 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 com pounds , particulate matter 10 micrograms or smaller in diameter, single hazardous air pollutant s, and combinations of hazardous air pollutants.

• Replacing existing language in Reg. 19.407 refe rring to disclosure statements with new language referencing Commissi on 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 pollu tants carbon monoxide, nitrogen dioxide, sulfur dioxide, and volat ile organic compounds, and establishing such levels for the two class ificat ions of particulate matter.

• Updating Reg. 19.412 by incorporating by referen ce the Federal Register date involving federal dispersion modeling guidelines.

• Addition of new Reg. 19.414 (Operational Flex ibility--Applicant’s du ty to apply for alternative s cenarios); Reg. 19.415 (Changes re sulting 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 th e 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 Ac tivities List: Under Group A, Item 12, the addition of exemptions for generators that pr ovid e electr icity to th e 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, bl enders, roll mills, or calendars for rubber or plastic for which no materials in powder form are added.

• Correction of typographical errors and change s in format or style to conform to the Commission’s standardized regulations for mat , correct internal inconsistencies, and update the regulation to conform to state law. Proposed changes to Regulation 26 include:

• Clarification of the defin ition of Title I modification.

• Creation of a new Chapter 13 for language spec ifying the effective date of the regulation.

• Clarification of Reg. 26.406 to specify that a timely perm it 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 scenar ios) to make the section applicable to all perm its issued under Regulation 26.

• Updating Reg. 26.1002 (Minor permit modification applicability) reg arding the levels of emissions increases which can be used in minor permit modificati on 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 change s in form at or style to conform to the Commission’s standardized regulations for mat , correct internal inconsistencies, and update the regulation to conform to state law. Copies of the proposed changes are ava ilable 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, Ca mden, Clinton, Crossett, El Dora do, Fayetteville, Forrest City, Fort Smith, Harrison, Helena, Hope, Hot Springs, Jonesbor o, Little Rock, Magnolia, Mena, Monticello, Mountain Home, Pocahontas, Russellville, Searcy, St uttgart, 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 view ing or downloading at th e ADEQ’s Internet web site located at www.adeq.state.ar.us. Oral and written comments will be accepte d 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 n o 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 QualityNOTICE 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 Qua lily IADEQI headquarters buitding, 5301**North~hore** Drive. The deadline for submitting wntten comments on all three regula lions 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.) Sec lien 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_

, Creal ion of a ne\-! 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 lis I 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. t 8307 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 a new 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 (Opera trona, 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 t 9.4' 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 va no us 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 a conform 10 slate**Ia~'**

Proposed Changes 10 RegUiallor 26 include

, Clarificalion ollhe dellOltron 01 Tille I modification.

, Creal ion of a new 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 coni arm 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,eclronl c a I 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 2 and 3, 2008, Teresa Marks, Director, Arkansas Depaf/men! a Envlronmenta! Quailly

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__ I. -3464BEFORE THE ARKANSAS POLLUTI ON 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 Regula tion No. 8, Section 3.6.2(2), a responsive summary groups public comments into sim ilar categories and explains why the Arkansas Pollution Control and Ecology Commission ( A Commission @ ) 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 In vestments 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 comme nts regarding the proposed changes to permitting thresholds. Commenters also expressed positive sentiments that these changes will result in Arkansas being more comp etitive in attracting new industries and will allow existing industries to better re spond to changing market conditions. Response 2 – ADEQ staff appreciate and acknow ledge 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, sou rces that are not required to have a permit would be subject to federal enforcement action s. “In order to transition from the old permitting thresholds to the new permitting th resholds, 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 BResponse 3 – On consideration of the comments, the Department agrees with the commenters that the inclusion of the proposed Regist ration provision in APC&EC Regulation 19 is duplicative and unnecessary. The provision is being retained within Regulation 18 with revisions based on submitted comments. Pr oposed Reg. 19.417 has been revised to delete proposed subparagraphs (A) – (E); the remaini ng 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 holdi ng permits issued pursuant to Regulation 19 but whose emissions are below the perm itting thresholds of 19.401, and above the registration thresholds of Reg. 18.315 may elect to continue to operate under th eir 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 perm it shall remain in effect. (B) A source otherwise subjec t 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 de leted from Regulation 19 making this comment moot.
Comment 5 – “There needs to be a total allowable em issions from Insignificant Activities. A13 has to at least say that the limits a pply to all A13 activities combined. Also Insignificant Activity emissions needs to be li sted in the permit, not necessarily in specific conditions but at least as emis sions 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, th at A13 already contains wording that addresses a portion of this comment (“These emission limits apply to the sum of a ll activities listed under this group.”). Additionally, emissions from insi gnificant activities should not be counted when calculating permit fees.
Comment 6 – “General Permits in 19.411 – only the ge neral 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 cha nge 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 BComment 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 distin ct sections with subsections and Regulation 18 already has a section with simila r 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 Arkans as Code or other Arkansas Pollution Control and Ecology Commission regulations. Response 9 – ADEQ agrees. Following is a listing of af fected 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 th e Code of Federal Regula tions 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 ai r pollutant (4) – “...Clean Air Act, 42 U.S.C.§§ 7401, et seq. as amended as of July 1, 1997.” Chapter 2 definition of PM 10 – “...CFR Part 53 as of December 8, 1984.” Chapter 2 definition of PM 10 emissions – “...Part 51, Appendix M as of December 8, 1984...” Chapter 2 definition of Potential to em it – “...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, S ection 4.0 (Minim um Data Requirements) as of August 30, 1992,...” Reg. 19.803(B) – “...(40 CFR Part 60 A ppendix 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 52.2 1(b) [PSD] and 40 CFR 51.301 [Pro tection of Visibility] as of Novem ber 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 Nove mber 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 BComment 10 – Format numbers in accordance wi th the Regulation Formatting and Drafting Guidelines. (Example: There are twel ve (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 form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 “own er” and “operator’s” and delete the “/”. Response 11 – The “/” is intended to indicate an a lternative. Therefor e, 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 Po llution 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 Un ited 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 [Cod e 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 form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’s Regulation Formatting and Drafting Guidelines. Therefore, no changes will be made based on this comment.

Page 4 of 33 EXHIBIT BComment 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 “Mod ification”, 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 th e change will be made. After the outline lettering, outline numbering will follow.
Comment 23 – Chapter 2 – In the definition of “Res ponsible official”, it em (1)(a) spell out two hundred fifty and put 250 in parentheses. Response 23 – There is no guidance on the proper form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’s Regulation Formatting and Drafting Guidelines. Therefore, no changes will be made based on this comment.
Comment 24 – Chapter 2 – In the definition of “Res ponsible official”, it em (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, no t numbers, after the lettering should be numbering.

Page 5 of 33 EXHIBIT BResponse 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 es pecially with abbreviations of the words being defined are formatted the sa me see “Volatile organic compounds”. Response 27 – ADEQ agrees with this commen t. The formatting should be “Volatile organic compounds” or“VOC”.
Comment 28 – Reg. 19.401 – Spell out all numbers a nd place the numeric in parentheses. Response 28 – There is no guidance on the proper form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 num bers and place the numeric in parentheses. Response 29 – There is no guidance on the proper form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 numb ers and place the numeric in parentheses. Response 30 – There is no guidance on the proper form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 “f acilities” 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 BComment 34 – Reg. 19.407(C)(3)(c) – Cl arify what “BACT” is. Response 34 – ADEQ agrees. BACT stands for Best Available Contro l 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 a nd place the numeric in parentheses. Response 35 – There is no guidance on the proper form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 a nd place the numeric in parentheses. Response 39 – There is no guidance on the proper form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 ph rase “owner and/or operator” throughout Reg. 19.416 will be deleted and repl aced with “permittee”.
Comment 41 – Reg. 19.416(A)(1) –Spell out all numbers and place the numeric in parentheses.

Page 7 of 33 EXHIBIT BResponse 41 – There is no guidance on the proper form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 num bers and place the numeric in parentheses. Response 42 – There is no guidance on the proper form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 num bers and place the numeric in parentheses. Response 43 – There is no guidance on the proper form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 hund red and place the numeric in parentheses. Response 46 – There is no guidance on the proper form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 Regula tion 9 is the Ar kansas Pollution Control and Ecology Commission’s, Regulation 9, Fee Regulation.

Page 8 of 33 EXHIBIT BResponse 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 form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 num bers and place the numeric in parentheses for those that are not already. Response 53 – There is no guidance on the proper form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 num bers and place the numeric in parentheses. Response 54 – There is no guidance on the proper form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 S ource 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 a nd place the numeric in parentheses.

Page 9 of 33 EXHIBIT BResponse 56 – There is no guidance on the proper form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 a nd place the numeric in parentheses. Response 57 – There is no guidance on the proper form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 certifi cation shall include. Response 59 – ADEQ agrees that the change (or additi on) 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 provi des 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 form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 “H 2 SO 4 ” means. Response 62 – ADEQ agrees. H 2 SO 4 means sulfuric acid. Reg. 19.803(A)(1) will be revised to read “...lb sulfuric acid (H 2 SO 4 )...”
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 BResponse 63 – There is no guidance on the proper form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 part s 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 a nd “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 “H 2 S” means. Response 66 – ADEQ agrees. H 2 S means hydrogen sulfide. Reg. 19.804(C) will be revised to read “...measured as hydrogen sulfide (H 2 S)...”
Comment 67 – Reg. 19.901 – Clarify what “PSD” means. Response 67 –Upon further review, ADEQ believes the m eaning 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 fe deral 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 sect ion” 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 BResponse 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 Sta ndard 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 form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 BResponse 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 inde nt 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 num bers and place the numeric in parentheses except referen ces to regulations. Response 89 – There is no guidance on the proper form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 BResponse 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-for ce per square inch absolute. Reg. 19.1005(B)(1) will be revised to read “...kil opascals (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 num bers and place the numeric in parentheses. Response 95 – There is no guidance on the proper form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 “ 0 F” here or in Chapter 2 or spell out what the C and 0 F stand for.
Response 96 –ADEQ agrees. “Degrees C” and “ 0 F” mean degrees Celsius and degrees Fahrenheit. Reg. 19.1005(C) will be revi sed to read “...15 degrees Celsius ( 0 C) (59 degrees Fahrenheit [ 0 F]).”

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 form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 H 2 O” here or in Chapter 2.
Page 14 of 33 EXHIBIT BResponse 98 –ADEQ agrees. “in. of H 2 O” means inches of water. Reg. 19.1005(D)(1)(b) will be revised to read “inches of water (in. of H 2 O).”
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 a nd 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 th at 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 Comm ission’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 ch apter” and replace it with “Reg. 19.1005(D)(1)(b)”. Response 101 – ADEQ agrees with this comment a nd the change will be made. Reg. 19.1005(D)(1)(c) will be revised to read “...no t 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 Comm ission’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 th at 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 Comm ission’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 th at 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 Comm ission’s Regulation Formatting and Drafting Guidelines. Therefore, no changes will be made based on this comment.

Page 15 of 33 EXHIBIT BComment 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 Comm ission’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 Comm ission’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 Comm ission’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 Comm ission’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 a ll 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 Comm ission’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 BComment 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 Comm ission’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, Regu lations 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 (Regulati on 26) shall be required to ha ve 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 Comm ission’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 BResponse 119 – There is no guidance on the proper formatting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 Comm ission’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 defi ned 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 Comm ission’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 Comm ission’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 Comm ission’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 Comm ission’s Regulation Formatting and Drafting Guidelines. Therefore, no changes will be made based on this comment.

Page 18 of 33 EXHIBIT BComment 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 Comm ission’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 Comm ission’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 Comm ission’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 Comm ission’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 Comm ission’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 Comm ission’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 BResponse 132 – There is no guidance on the proper formatting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 Comm ission’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 Comm ission’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 Comm ission’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 Comm ission’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 BComment 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 referen ces to regulations. Response 142 – There is no guidance on the proper formatting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 “paragra ph (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 BResponse 148 – ADEQ agrees with this comment and th e 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 referen ces to regulations. Response 150 – There is no guidance on the proper formatting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 BComment 158 – Reg. 19.1504(A)(first) – Move the period before “Ashdown” to immediately after “Inc.”. Response 158 – ADEQ agrees that the comma is mispl aced 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 Comm ission’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 Comm ission’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 Comm ission’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 Comm ission’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 Comm ission’s Regulation Formatting and Drafting Guidelines. Therefore, no changes will be made based on this comment.

Page 23 of 33 EXHIBIT BComment 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 Comm ission’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 “SO 2 ” 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 SO 2 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 Comm ission’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 “NO x ” 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 NO x 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 Comm ission’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 Comm ission’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 “SO 2 ” 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 SO 2 will also be deleted.

Page 24 of 33 EXHIBIT BComment 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 Comm ission’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 “NO x ” 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 NO x 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 Comm ission’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 Comm ission’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 “SO 2 ” 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 SO 2 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 Comm ission’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 “NO x ” 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 NO x will also be deleted.

Page 25 of 33 EXHIBIT BComment 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 Octob er 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 Comm ission’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 “SO 2 ” 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 SO 2 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 Comm ission’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 “NO x ” 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 NO x 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 Octob er 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 BResponse 187 – ADEQ agrees with this comment and the change will be made.
Comment 188 – Reg. 19.1505(I)(1) – Spell out all numb ers 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 Comm ission’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 “SO 2 ” 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 SO 2 will also be deleted.
Comment 190 – Reg. 19.1505(I)(2) – Spell out all num bers 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 Comm ission’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 NO x 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 Octob er 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 num bers 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 Comm ission’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 “SO 2 ” has already been explained in Reg. 19.1505(A)(1). Delete “sulfur dioxide”.

Page 27 of 33 EXHIBIT BResponse 195 – ADEQ agrees with this comment and the change will be made and the parentheses around SO 2 will also be deleted.
Comment 196 – Reg. 19.1505(J)(2) – Spell out all num bers and place the numeric in parentheses. Response 196 - There is no guidance on the proper form atting of numbers in the ADEQ’s and Arkansas Pollution Control and Ecology Comm ission’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 NO x 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 Octob er 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 Comm ission’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 Comm ission’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 BResponse 203 – ADEQ agrees with this comment and the change will be made and the parentheses around NO x 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 Octob er 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 Comm ission’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 “SO 2 ” 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 SO 2 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 Comm ission’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 NO x 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 “PM 2.5 ” here or in Chapter 2, unless this is defined in the definitions whic h were incorporated by reference.

Page 29 of 33 EXHIBIT BResponse 211 – ADEQ agrees with this comment. PM 2.5 will be defined in Chapter 2 of Regulation 19 as “ ‘PM 2.5 ’ 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 Comm ission’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, Regula tion 26, Regulations of the Arkansas Operating Air Permit Program. Response 214 – ADEQ agrees with this comment and th is 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 th e 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 th is 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 Pollu tants [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 Standa rds for Hazardous Air Pollutants [NESHAP], Maximum Achievable Contro l Technology [MACT])...”

Page 30 of 33 EXHIBIT BComment 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 Comm ission’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 Comm ission’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 Comm ission’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 Comm ission’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 Comm ission’s Regulation Formatting and Drafting Guidelines. Therefore, no changes will be made based on this comment.

Page 31 of 33 EXHIBIT BComment 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 Comm ission’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 Comm ission’s Regulation Formatting and Drafting Guidelines. Therefore, no changes will be made based on this comment.
Comment 228 – Appendix A, Group A 10. – Spell ou t 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 Comm ission’s Regulation Formatting and Drafting Guidelines. Therefore, no changes will be made based on this comment.
Comment 229 – Appendix A, Group A 11. – Spell ou t 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 Comm ission’s Regulation Formatting and Drafting Guidelines. Therefore, no changes will be made based on this comment.
Comment 230 – Appendix A, Group A 12. – Spell ou t 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 Comm ission’s Regulation Formatting and Drafting Guidelines. Therefore, no changes will be made based on this comment.
Comment 231 – Appendix A, Group A 13. – Spell ou t 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 Comm ission’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 BComment 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