ADEQ 

A R K A N S A S 

Department of Environmental Quality 

September 12, 2014 

Wren Stenger 

Director 

Multimedia Planning and Permitting Division 

U.S. Environmental Protection Agency 

Region 6 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

RE: Memorandum of Agreement for Implementation and Enforcement of Standards 

Delegated under Section 112 of the Clean Air Act 

Dear Ms. Stenger: 

Enclosed is the Memorandum of Agreement (MOA) regarding the Delegation of Clean Air Act 

Section 112 Standards. The development and negotiation MOA has been closely coordinated 

with Region 6 personnel, primarily Richard Bartley and Richard Barrett. 

It is our understanding that with the signature of the MOA, the Delegation of Section 112 

Standards previously requested by the Arkansas Department of Environmental Quality can 

proceed to approval and publication in the Federal Register. 

If there should be any questions regarding this matter, please do not hesitate to contact me. 

Sincerely, 

Mike 

u~ Bates 

Chief 

Air Division 

Encl 

Cc: Tammy Harrelson, Interim Deputy Director 

Stuart Spencer, Legal Policy Advisor 

Tony Davis, Planning Branch Manager, Air Division 

ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 

5301 NORTHSHORE DRIVE I NORTH LITTLE ROCK I ARKANSAS 72118-5317 I TELEPHONE 501-682-0744 I FAX 501-682-0880 

www.adeq.stote.or.us 
Memorandum of Agreement between the Arkansas Department of Environmental Quality and 

the United States Environmental Protection Agency, Region 6 

Regarding the Implementation and Enforcement of Standards Delegated 

Under Section 112 of the Clean Air Act 

The purpose of this Memorandwn of Agreement (MOA) is to facilitate the straight delegation by the 

United States Environmental Protection Agency (EPA), Region 6, to the Arkansas Department of 

Environmental Quality (ADEQ) of certain standards promulgated by EPA under Section 112 of the 

Clean Air Act (CAA). This MOA sets forth specific expectations and responsibilities of EPA and 

ADEQ, and describes the mechanism to be used by ADEQ for the implementation and enforcement of 

the delegated standards. It also describes the procedure for cooperative information sharing between 

ADEQ and EPA Region 6. ADEQ and EPA recognize that timely implementation and enforcement of 

the delegated standards is vital to the success of both the Section 112 and Title V programs. ADEQ and 

EPA Region 6 affirm their commitment to an effective partnership and agree to review this MOA as the 

need arises. 

ADEQ has requested EPA's delegation of authority and approval of the mechanism used for the 

implementation and enforcement of certain emission standards and other requirements promulgated by 

EPA under CAA section 112 (codified at 40 C.F.R. Part 63, hereinafter referred to as "Part 63 

standards"). ADEQ has not requested, and at this time does not intend to request, delegation of the 

accidental release program under CAA section 112(r) nor Part 63 standards applicable to area sources 

not required to obtain a Title V permit. This MOA addresses only those provisions and responsibilities 

for which ADEQ has requested EPA's approval. 

Background 

CAA section 112 requires EPA to develop National Emission Standards for Hazardous Air Pollutants 

(NESHAPs), and CAA section 112(1) authorizes EPA to delegate the authority for the enforcement and 

implementation of Part 63 standards promulgated under CAA section 112 to any State that applies for 

such delegation which demonstrates that it has in place a program that meets the criteria set forth in 

CAA section 112(1) and its implementing regulations at 40 C.F. R. § 63.91. 

In a Federal Register notice dated September 8, 1995, EPA Region 6 promulgated final interim approval 

of the Arkansas Operating Permit Program. See 60 Fed. Reg. 46771. EPA granted full approval of the 

Arkansas Operating Permit Program on October 9, 2001. See 66 Fed. Reg. 51312. As such, ADEQ met 

the up-front approval criteria for delegation of unchanged Part 63 standards, as set forth in 40 C.F.R. 

§ 63.9l(d). By letter dated July 7, 2010, ADEQ requested EPA's delegation of authority and approval 

of the mechanism it intends to use to implement and enforce the delegated Part 63 standards - that is, 

through its EPA-approved Title V Operating Permit Program (the effective date of the latest approved 

revision is November 8, 2004; see 40 C.F.R. Part 70, Appendix A). The Operating Permit Program 

incorporates all applicable CAA requirements and designated State-only requirements within one permit 

(hereinafter referred to as the "Title V permit"). As such, ADEQ has requested EPA's approval of its 

mechanism to implement and enforce Part 63 standards applicable to Title V sources (hereinafter, 

"delegated Part 63 standards"), by including such standards in Title V permits when they are issued or 

updated, as more specifically described in this MOA. The authority to act on ADEQ's request has been 

delegated to the Director of the Multimedia Planning and Permitting Division in EPA Region 6. 

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Policy Statement 

ADEQ and EPA Region 6 hereby establish a process for the implementation and enforcement of the 

delegated Part 63 standards. ADEQ plans to implement and enforce the delegated Part 63 standards 

pursuant to this MOA through its EPA-approved Title V Operating Permit Program. Pursuant to 

Arkansas Code Annotated § 8-4-302 et seq., ADEQ has authority to include Part 63 standards in Title V 

permits for existing sources and new sources. 

Both ADEQ and EPA Region 6 recognize that ADEQ's ability to implement and enforce a delegated 

Part 63 standard in a timely manner will depend upon its having access to information regarding such 

standard prior to the final promulgation of such standard. Therefore, the process should be an 

interactive, information-sharing process that will begin prior to the promulgation by EPA of any new or 

revised Part 63 standard. 

EPA Region 6 retains responsibility for implementation and enforcement of Part 63 standards for nonTitle V sources, and Title V sources for which ADEQ may decline to accept implementation and 

enforcement authority or relinquish that authority. ADEQ must ensure that all applicable Part 63 

standards are included in the appropriate federally enforceable permit. 

EPA Region 6 and ADEQ agree to implement the following procedures: 

I. Within 180 days of final signature of this MOA, EPA Region 6 intends to send a Direct Final 

Rule and a Proposed Rule to the office of the Federal Register in regard to EPA's delegation 

of authority and approval of ADEQ's implementation and enforcement mechanism for the 

delegated Part 63 standards. 

II. Prior to final promulgation of a new or revised Part 63 standard, EPA Region 6 agrees to 

provide ADEQ with any available information regarding the potential timing for issuance 

specific to such standard. 

Ill. Within forty-five ( 45) days of EPA's final promulgation of a new or revised Part 63 standard, 

ADEQ shall notify EPA Region 6 if it does not intend to implement and enforce such 

standard, as it applies to sources subject to the EPA-approved Title V Operating Permit 

Program in Arkansas. 

IV. Following final promulgation by EPA of a new or revised Part 63 standard, EPA Region 6 

agrees to provide ADEQ with: 

A. All applicable forms and other supporting resources, if available; and 

B. Access to the applicable Maximum Achievable Control Technology (MACT) database. 

See www.epa.gov/ttn/atw/eparules.html 

V. Implementation and Enforcement. The implementation and enforcement of the delegated Part 

63 standards will be carried out as follows: 

A. After the effective date of the federal rulemaking referenced in I. above, ADEQ will have 

the authority to implement and enforce the delegated Part 63 standards upon 

incorporation into a source's Title V permit. The existing Part 63 standards for which 

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ADEQ has requested EPA's approval to implement and enforce are attached as Appendix 

A to this MOA. 

B. Upon EPA's promulgation of a new or revised Part 63 standard that is applicable to Title 

V sources, the implementation and enforcement of such standard shall be automatically 

delegated to ADEQ upon incorporation of such standard into the source's Title V permit, 

consistent with the timeframe specified in Arkansas Pollution Control & Ecology 

Commission Reg. No. 26.1011 for reopening and revising pennits. Revisions to the Title 

V pennits by ADEQ shall be made no later than the ftrst compliance date of that 

standard. 

C. For the construction of a new source that will be subject to an existing Part 63 standard, 

ADEQ will incorporate the Part 63 standard into the applicable federally-enforceable 

pennit. 

D. For all existing sources subject to delegated Part 63 standards that have already been 

promulgated as of the date of this MOA, ADEQ shall incorporate the requirements of 

such standards into the source's Title V pennit. ADEQ agrees to use its best efforts to 

issue all Title V pennits for sources subject to 2, 4, 7, and existing 1 0-year MACT 

standards six (6) months from the effective date of the Final Rule addressed at I. above. 

VI. Timing and Scope. The issuance of the Title V pennit incorporating a delegated Part 63 

standard is the mechanism whereby ADEQ's implementation and enforcement authority for 

the delegated standard becomes effective for that source. The implementation and 

enforcement authorities for delegated Part 63 standards include those provisions found in 40 

C.F.R. § 63.9!(g), as amended by 65 Fed. Reg. 55810 (September 14, 2000), and by any 

subsequent amendments thereto which are identified as Category I Authorities. 

VII. Relinquishing Authority. Upon written notification to EPA Region 6, ADEQ may relinquish 

the implementation and enforcement authority for a delegated Part 63 standard or portion 

thereof. ADEQ relinquishment of such authority may include, but is not limited to: EPA's 

amendment of the delegated Part 63 standard; resource constraints; and changes in EPA 

policy or interpretation of the delegated Part 63 standard. ADEQ shall provide EPA Region 

6 a reasonable period of time between the written notice and the date that ADEQ relinquishes 

its authority, and this period of time should be no less than 30 days. 

VIII. ADEQ shall be responsible for implementing and enforcing the delegated Part 63 standards 

throughout the State of Arkansas. Such implementation and enforcement shall include, as 

appropriate: 

A. Distribution of initial notification fonns provided by EPA Region 6 to potentially 

affected sources; 

B. Receiving initial notifications and compliance certifications from affected sources; 

C. Issuing or revising Title V pennits for affected sources as needed to include Part 63 

standards; 

D. Specifying Part 63 standards as the underlying authority for penni! tenns and conditions, 

and assuring compliance with the same through implementation of the EPA-approved 

Title V Operating Penni! Program for affected sources; 

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E. Pursuing timely and appropriate enforcement actions, including the assessment of civil 

penalties, for violations of the delegated Part 63 standards included in Title V permits 

issued by ADEQ; 

F. ADEQ shall renew the Title V permits in a timely manner so as not to allow any time 

period during which a source subject to a delegated Part 63 standard will be without a 

permit containing the requirements of the delegated Part 63 standard. ADEQ shall 

immediately notify EPA Region 6 in writing in the event that ADEQ is not able to timely 

reissue a Title V permit; 

G. After a delegated Part 63 standard has been incorporated into a source's Title V permit, 

all of the information required pursuant to the general provisions and the relevant 

subparts of the delegated Part 63 standards should be submitted by sources directly to the 

ADEQ. The ADEQ is the primary point of contact with respect to delegated Part 63 

standards which have been incorporated in a source's Title V permit. For delegated Part 

63 standards incorporated into a source's Title V permit, Region 6 waives the 

requirement that notifications and reports be submitted to EPA, in addition to ADEQ, in 

accordance with 40 C.F.R. §§ 63.9(a)(4)(ii) and 63.10(a)(4)(ii). Until a delegated Part 63 

standard has been incorporated into a source's Title V permit, the source must continue to 

submit all appropriate information to EPA; and 

H. Following the effective date of this delegation, ADEQ will only need to periodically 

submit a written request to EPA, Region 6, to update its approval of the delegation of 

authority to implement and enforce new or revised Part 63 standards through its approved 

Title V permitting program. In such request, ADEQ will reference the previous up-front 

approval demonstration and reaffirm that it still meets the up-front approval criteria. 

EPA will respond in writing to the request and take action in the Federal Register to 

inform the public and affected sources of EPA's decision and to update 40 C.F.R. § 

63.99(a)(4), amending the Arkansas table of delegated Part 63 standards being 

implemented and enforced by ADEQ. 

IX. Following delegation of authority to ADEQ by EPA, nothing in this MOA or in any 

delegation of Part 63 standards or requirements shall prohibit EPA from enforcing any 

applicable emission standard or requirement under the CAA. 

X. ADEQ will obtain concurrence from EPA Region 6 on any matter involving interpretation of 

Section 112 of the CAA or 40 C.F.R. Part 63, to the extent that interpretation, administration, 

or enforcement of those provisions are not covered by current EPA determinations or 

guidance. 

XI. At the request of the ADEQ on a case-by-case basis following the effective date of this 

agreement, EPA Region 6 shall use its best efforts to submit to ADEQ, in electronic format, a 

copy of each report, notification, or written request that has been submitted to EPA Region 6 

by a facility in Arkansas in accordance with a Part 63 standard. EPA Region 6 will also use 

its best efforts to submit to ADEQ, at the request of ADEQ on a case-by-case basis following 

the effective date of this MOA, a copy of any written response made by EPA Region 6 to 

aforementioned reports, notifications, or written requests. 

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The above agreement is effective upon the date the last signature required by this document is 

affixed. Any modifications of this document shall be made in writing only and upon approval by EPA 

Region 6 and ADEQ. This agreement does not create any right or benefit, substantive or procedural, 

enforceable by law or equity, by persons who are not party to this agreement, against ADEQ or EPA, 

their officers or employees, or any other person. This agreement does not direct or apply to any person 

outside of ADEQ and the EPA. Nothing in this agreement shall be construed to restrict in any way the 

authority of the EPA or ADEQ to fulfill their respective responsibilities under State and/or Federal law. 

Wren Stenger I 

Director 

Multimedia Planning and 

Permitting Division 

United States Environmental Protection Agency 

ck~~ Teresa Marks 

Director 

Arkansas Department of Environmental Quality 

Date 

5 
APPENDIX A 

DELEGATION STATUS FOR PART 63 STANDARDS - STATE OF ARKANSAS' 

The symbol "X" in the Table below represents the 40 C.F .R. Part 63 subparts for which ADEQ is 

requesting delegation of authority to implement and enforce for sources subject to the Title V permitting 

requirements. 

SUBPART SOURCE CATEGORY ADEQ2 

A General Provisions X 

F Hazardous Organic NESHAP (HON) - Synthetic Organic Chemical X 

Manufacturing Industry (SOCMI) 

G HON - SOCMI Process Vents, Storage Vessels, Transfer Operations and X 

Wastewater 

H HON -Equipment Leaks X 

I HON- Certain Processes Negotiated Equipment Leak Regulation X 

J Polyvinyl Chloride and Copolymers Production ' 

K (Reserved) ........ 

L Coke Oven Batteries X 

M Perchloroethylene Dry Cleaning X 

N Chromium Electroplating and Chromium Anodizing Tanks X 

0 Ethylene Oxide Sterilizers X 

p (Reserved) ........ 

6 
Q Industrial Process Coo ling Towers X 

R Gasoline Distribution X 

s Pulp and Paper Industry X 

T Halogenated Solvent Cleaning X 

u Group T Polymers and Resins X 

v (Reserved) ........ 

w Epoxy Resins Production and Non-Nylon Polyamides Production X 

X Secondary Lead Smelting X 

y Marine Tank Vessel Loading X 

z (Reserved) .. ' ... '" 

AA Phosphoric Acid Manufacturing Plants X 

BB Phosphate Fertilizers Production Plants X 

cc Petroleum Refineries X 

DD Off-Site Waste and Recovery Operations X 

EE Magnetic Tape Manufacturing X 

FF (Reserved) ......... 

GG Aerospace Manufacturing and Rework Facilities X 

lUI Oil and Natural Gas Production Facilities X 

II Shipbuilding and Ship Repair Facilities X 

7 
JJ Wood Furniture Manufacturing Operations X 

KK Printing and Publishing Industry X 

LL Primary Aluminum Reduction Plants X 

MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand- X 

Alone Semichemical Pulp Mills 

NN (Reserved) ......... 

00 Tanks-Level I X 

PP Containers X 

QQ Surface Impoundments X 

RR Individual Drain Systems X 

ss Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel X 

Gas System or a Process 

TT Equipment Leaks - Control Level I X 

uu Equipment Leaks- Control Level 2 Standards X 

vv Oil- Water Separators and Organic- Water Separators X 

ww Storage Vessels Cranks)- Control Level 2 X 

XX Ethylene Manufacturing Process Units Heat Exchange Systems and Waste X 

Operations 

YY Generic Maximum Achievable Control Technology Standards X 

ZZ-BBB (Reserved) ......... 

8 
CCC Steel Pickling- HCI Process Facilities and Hydrochloric Acid Regeneration X 

DDD Mineral Wool Production X 

EEE Hazardous Waste Combustors X 

FFF (Reserved) ......... 

GGG Pharmaceuticals Production X 

HHH Natural Gas Transmission and Storage Facilities X 

Ill Flexible Polyurethane Foam Production X 

JJJ Group IV Polymers and Resins X 

KKK (Reserved) ........ 

LLL Portland Cement Manufacturing X 

MMM Pesticide Active Ingredient Production X 

NNN Wool Fiberglass Manufacturing X 

000 Amino/Phenolic Resins X 

ppp Polyether Polyols Production X 

QQQ Primary Copper Smelting X 

RRR Secondary Aluminum Production X 

sss (Reserved) .......... 

TTT Primary Lead Smelting X 

uuu Petroleum Refineries- Catalytic Cracking Units, Catalytic Reforming Units and X 

Sulfur Recovery Plants 

9 
vvv Publicly Owned Treatment Works (POTW) X 

www (Reserved) ......... 

XXX Ferroalloys Production: Ferromanganese and Silicomanganese X 

AAAA Municipal Solid Waste Landfills X 

ecce Nutritional Yeast Manufacturing X 

DODD Plywood and Composite Wood Products x' 

EEEE Organic Liquids Distribution X 

FFFF Misc. Organic Chemical Production and Processes (MON) X 

GGGG Solvent Extraction for Vegetable Oil Production X 

HHHH Wet Formed Fiberglass Mat Production X 

!III Auto & Light Duty Truck (Surface Coating) X 

JJJJ Paper and other Web (Surface Coating) X 

KKKK Metal Can (Surface Coating) X 

MMMM Misc. Metal Parts and Products (Surface Coating) X 

NNNN Surface Coating of Large Appliances X 

0000 Fabric Printing Coating and Dyeing X 

pppp Surface Coating of Plastic Parts and Products X 

QQQQ Surface Coating of Wood Building Products X 

RRRR Surface Coating of Metal Furniture X 

10 
ssss Surface Coating of Metal Coil X 

TTIT Leather Finishing Operations X 

uuuu Cellulose Products Manufacturing X 

vvvv Boat Manufacturing X 

wwww Reinforced Plastic Composites Production X 

xxxx Rubber Tire Manufacturing X 

yyyy Stationary Combustion Turbines X 

zzz:z Reciprocating Internal Combustion Engines (RJCE) X 

AAAAA Lime Manufacturing Plants X 

BBBBB Semiconductor Manufacturing X 

ccccc Coke Ovens: Pushing, Quenching and Battery Stacks X 

DDDDD Industrial/ CommerciaVInstitutional Boilers and Process Heaters x' 

EEEEE Iron and Steel Foundries X 

FFFFF Integrated Iron and Steel X 

GGGGG Site Remediation X 

HHHHH Miscellaneous Coating Manufacturing X 

II III Mercury Cell Chlor-Alkali Plants X 

JJJJJ Brick and Structural Clay Products Manufacturing 6 

KKKKK Clay Ceramics Manufacturing 6 

11 
LLLLL Asphalt Roofing and Processing X 

MMMMM Flexible Polyurethane Foam Fabrication Operation X 

NNNNN Hydrochloric Acid Production, Fumed Silica Production X 

00000 (Reserved) .......... 

PPPPP Engine Test Facilities X 

QQQQQ Friction Products Manufacturing X 

RRRRR Taconite Iron Ore Processing X 

sssss Refractory Products Manufacture X 

TTTTT Primary Magnesium Refining X 

uuuuu Coal and Oil-Fired Electric Utility Steam Generating Units x' 

vvvvv (Reserved) ......... 

wwwww Hospital Ethylene Oxide Sterilizers ......... 

XX XXX (Reserved) .......... 

yyyyy Electric Arc Furnace Steelmaking Area Sources X 

zzzzz Iron and Steel Foundries Area Sources ......... 

AAAAAA (Reserved) .. " ...... 

BBBBBB Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities " ....... 

CCC CCC Gasoline Dispensing Facilities ......... 

DDDDDD Polyvinyl Chloride and Copolymers Production Area Sources ·········· 

12 
EEEEEE Primary Copper Smelting Area Sources X 

FFFFFF Secondary Copper Smelting Area Sources X 

GGGGGG Primary Nonferrous Metals Area Sources: Zinc, Cadmium, and Beryllium X 

HHHHHH Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources ......... 

II II II (Reserved) .......... 

JJJJJJ Industrial, Commercial, and Institutional Boilers: Area Sources ......... 

KKKKKK (Reserved) ...... ". 

LLLLLL Acrylic and Modacrylic Fibers Production Area Sources ......... 

MMMMMM Carbon Black Production Area Sources X 

NNNNNN Chemical Manufacturing Area Sources: Chromium Compounds X 

000000 Flexible Polyurethane Foam Production and Fabrication Area Sources ...... ". 

pppppp Lead Acid Battery Manufacturing Area Sources ......... 

QQQQQQ Wood Preserving Area Sources ......... 

RRRRRR Clay Ceramics Manufacturing Area Sources ......... 

ssssss Glass Manufacturing Area Sources X 

TTTTTT Secondary Nonferrous Metals Processing Area Sources ········· 

uuuuuu (Reserved) ......... 

vvvvvv Chemical Manufacturing Area Sources X 

WWV.'WWW Plating and Polishing Operations Area Sources ......... 

13 
xxxxxx Nine Metal Fabrication and Finishing Categories Area Sources ......... 

yyyyyy Ferroalloys Production Facilities Area Sources ......... 

zzzzzz Aluminum, Copper, and Other Nonferrous Foundries Area Sources .......... 

AAAAAAA Asphalt Processing and Asphalt Roofing Manufacturing Area Sources .......... 

BBBBBBB Chemical Preparations Industry Area Sources "" ...... 

ccccccc Paints and Allied Products Manufacturing Area Sources .......... 

DDDDDDD Prepared Feeds Manufacturing Area Sources .......... 

EEEEEEE Gold Mine Ore Processing and Production Area Sources .......... 

FFFFFFF Reserved .......... 

GGGGGGG Reserved .......... 

HHHHHHH Polyvinyl Chloride and Copolymers Production X 

1 Program delegation to be carried out by Arkansas Department of Environmental Quality (ADEQ) 

2 Authorities which may not be delegated include: §63.6(g), Approval of Alternative Non-Opacity Emission 

Standards; §63.6(h)(9), Approval of Alternative Opacity Standards; §63.7(e)(2)(ii) and (f), Approval of Major 

Alternatives to Test Methods; §63.8(f), Approval of Major Alternatives to Monitoring; §63.1 O(f), Approval of 

Major Alternatives to Recordkeeping and Reporting; and all authorities identified in the subparts (e.g., under 

"Delegation of Authority") that cannot be delegated. 

3 This subpart was vacated and remanded to EPA by the United States Court of Appeals for the District of 

Columbia Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004). 

4 This subpart was issued a partial vacatur on October 29,2007 (72 FR 61060) by the United States Court of 

Appeals for the District of Columbia Circuit. 

5 Final Rule. See 78 FR 7138 (January 31, 2013). 

6 This subpart was vacated and remanded to EPA by the United States Court of Appeals for the District of 

Columbia Circuit. See, Sierra Club v. EPA, 479 F. 3d 875 (D.C. Cir. 2007). 

7 Initial Final Rule, 77 FR 9304 (February 16, 2012). Final on reconsideration of certain new source issues, 

78 FR 24073 (April24, 2013). Portions of this subpart are in proposed reconsideration pending final action. 

See 78 FR 38001 (June 25, 2013). 

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