TECHNICAL SUPPORT DOCUMENT

Repeal and Replace Revisions to the Arkansas State Implementation Plan 

Submitted on November 6, 2012 

Regulation 9 – Fee Regulation 

Chapter 1 – Title 

Chapter 2 – Definitions 

Chapter 3 – Permit Fee Payment 

Chapter 5 – Air Permit Fees 

Chapter 9 – Administrative Procedures 

March 24, 2015 

FOR FURTHER INFORMATION CONTACT: Ms. Tracie Donaldson, United States Environmental 

Protection Agency Region 6, Air Permits Section (6PD-R), 1445 Ross Avenue, Dallas, Texas 75202-

2733, (214) 665-6633. 
2

Contents:

I. Introduction 

 A. Overview 

 B. What are we addressing in this action? 

 C. What are we not addressing in this action? 

II. Technical Evaluation of SIP Submittal 

A. Review of Regulation 9 Replacement Provisions 

B. Part 51, Appendix V Completeness Checklist 

III. Proposed Action 

Appendix A: Chapter 2 definitions not approved into the SIP 
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I. Introduction 

A. Overview

This technical support document (TSD) reviews a portion of a revision to the Arkansas 

State Implementation Plan (SIP), submitted on November 6, 2012. This review will 

determine if the proposed changes to the Arkansas SIP are consistent with the 

requirements of the Clean Air Act and EPA’s policy and guidance. 

The following sections identify the specific portions of the November 6, 2012 submittal 

that are and are not reviewed by this action. 

B. What are we addressing in this action?

On June 22, 2012, the Arkansas Pollution Control and Ecology Commission (APC&EC) 

adopted revisions to Regulation 9 – Permit Fee Regulations, Regulation 19 – Regulations 

of the Arkansas Plan of Implementation for Air Pollution Control, and Regulation 26 – 

Regulations of the Arkansas Operating Air Permit Program. On October 26, 2012, 

APC&EC adopted additional revisions to Regulation 19. Governor Beebe submitted 

these regulations as a revision to the Arkansas SIP in a letter dated November 6, 2012. 

As part of this action, the EPA is addressing only the revisions to Regulation 9 contained 

in the November 6, 2012 submittal with an effective date of July 9, 2012. The SIP 

revision submittal requested that the EPA repeal the current SIP-approved provisions 

found in Regulation 9 and replace with the new provisions included in the submittal for 

Chapters 1, 21

, 3, 5, and 9, of Regulation 9 which relate to the state’s air program. This 

action will replace the Regulation 9 approved into the SIP with the current version of 

Arkansas’ Regulation 9. This includes revisions to Regulation 9, Chapter 5 addressing 

fee requirements for carbon dioxide and methane. 

C. What are we not addressing in this action? 

In addition to the repeal and replacement of the Fee Provisions at Regulation 9, the 

November 6, 2012, Arkansas SIP submittal included revisions to Regulations 19 and 26. 

Table 1 below identifies each of the submitted provisions and the manner in which the 

provisions have been addressed, or will be addressed by the EPA. 

Table 1: Evaluation Summary of the Submitted Revisions to Each Section in the November 6, 2012 

Submittal

Regulation/Chapter Title Comments 

Regulation 9, Chapters 1, 

2, 3, 5, and 9

Fee Regulation Evaluated in this TSD and 

action 

Regulation 19, Chapter 1 Title, Intent, and Purpose Approved by EPA on March 4, 

2015 at 80 FR 11573. 

                                                            

1

 Only the portions of Chapter 2 that relate to the Air program as included in the SIP. The definitions to include are 

specified in ADEQ letter from Mike Bates to Tracie Donaldson, EPA dated December 11, 2014. 
4

Regulation/Chapter Title Comments 

Regulation 19, Chapter 2 Definitions Approved by EPA on March 4, 

2015 at 80 FR 11573. 

Regulation 19, Chapter 4 Minor Source Review No action at this time; 

Severable from provisions for 

permit fees because addresses 

Minor NSR permit 

requirements only. 

Regulation 19, Chapter 9 Prevention of Significant 

Deterioration 

Approved by the EPA on April 

2, 2013, at 78 FR 19596. 

Regulation 19, Appendix A Insignificant Activities List No action at this time; 

Severable from provisions for 

permit fees because addresses 

Minor NSR permit 

requirements only. 

Regulation 26, Chapter 3 Requirements for a Permit, 

Applicability 

No action at this time; 

Severable from provisions for 

title I SIP purposes, Revisions 

to Arkansas title V program to 

address GHG permitting under 

title V. 

Regulation 26, Chapter 4 Applications for Permits No action at this time; 

Severable from provisions for 

title I SIP purposes, Revisions 

to Arkansas title V program to 

address GHG permitting under 

title V. 

The EPA is taking no action at this time to the submitted revisions to Regulation 19, Chapter 4 

and Appendix A. These submitted provisions are integral to the Arkansas Minor New Source 

Review program and are not related to the current action to evaluate the fee provisions in 

Regulation 9. The EPA will address the minor NSR provisions in a separate action at a later date. 

The EPA is also taking no action at this time to the revisions to the Arkansas title V program at 

Regulation 26, Chapters 3 and 4. The EPA will address these revisions to the title V program at a 

later date after we have reviewed the submitted provisions in light of the June 23, 2014, decision 

by the Supreme Court of the United States in Utility Air Regulatory Group (UARG) v. EPA (No. 

12-1146). 
II. Technical Evaluation of the Arkansas November 6, 2012 SIP Revision Submittal

The action accompanying this TSD addresses the proposed revisions to the Fee Regulations found in Regulation 

Regulation 9 contains provisions regarding the fee terms, fee amounts, and fee payment schedules that ensure tha

collected to meet the needs of the Arkansas Department of Environmental Quality (ADEQ) to perform essential compliance, enforcement and monitoring activities. As part of the November 6, 2012 SIP revision submittal, Ark

withdrawal of the current SIP-approved provisions contained in Regulation 9 and replacement with the portions owere included in the SIP submittal as replacement fee regulation provisions that relate to the air program. These contained in Chapters 1, 2, 3, 5, and 9 of Regulation 9, which Arkansas submitted in full as part of the November 

submittal. Since this rulemaking will act to repeal the current SIP-approved fee regulation provisions and replace with the p22, 2012, effective July 9, 2012, a line-by-line comparison is not included in this analysis. Instead, the submitted provisions contained in Regulation 9, which relate to the air program, are provided below, as well as, a summary evaluation against the applicable federal requirements. A. Review of Regulation 9 Replacement Provisions 

Table II.A.1 –Regulation 9, Chapter 1 Provisions Revisions to the AR SIP Adopted by ADEQ on June 22, 2012 Effective July 9, 2012 Submitted to the EPA on November 6, 2012 

Comments 

CHAPTER 1: TITLE Reg. 9.101 Title This regulation shall be known by and may be cited by the short title “Regulation No. 9: Fees.” 

This section specifies the short title used to refer similar to current SIP-approved language in RegRevision does not impact the regulation’s ability federal requirements for fees and is approvable. 

Reg. 9.102 Purpose It is the purpose of this regulation to develop and implement a system of fees for permits issued by the Arkansas Department of Environmental Quality pursuant to the provisions of the Water and Air Pollution Control Act (Act 472 of 1949, as 

This section specifies the purpose of Regulation fee regulations for the water permit program, air waste permit program, and the laboratory certifi
Table II.A.1 –Regulation 9, Chapter 1 Provisions 

Revisions to the AR SIP Adopted by ADEQ on June 22, 2012 Effective July 9, 2012 Submitted to the EPA on November 6, 2012 

Comments 

amended, A.C.A. §8-4-101 et seq.) or the Solid Waste Management Act (Act 237 of 1971, as amended, A.C.A. §8-6-201 et seq.). Act 817 of 1983, as amended, Act 1254 of 1993, as amended, and Act 1052 of 1999 (A.C.A. § 8-1-101 et seq.) authorize the collection and enforcement of these fees and authorize their use to defray the costs of operating the Department. It is also the purpose of this regulation to assess reasonable fees to establish and to administer the State Environmental Laboratory Certification Program Act (Act 876 of 1985, as amended, A.C.A. § 8-2-201 et seq.) 

Language similar to current SIP-approved languSection 1. Reference to fee program for the StatLaboratory Certification Program Act was addeAs part of this action we are only evaluating the regulations, found in Chapters 1, 2, 3, and 5, for Arkansas SIP. The other programs are beyond thArkansas has not submitted those provisions as psubmittal. Our proposed approval of the referenReg. 9.102 does not approve the underlying progscope of the SIP, or the associated fee regulationRevision does not impact the regulation’s ability federal requirements for fees and is approvable. 

Reg. 9.103 ApplicabilityPermit fees established by this regulation shall be applicable to all water permits, including no-discharge and closed system permits, issued under the provisions of the Water and Air Pollution Control Act, as amended, all air permits issued under the Water and Air Pollution Control Act, as amended, or any federal water or air permit program where permitting authority has been delegated to the Department (unless fees for such a program are otherwise provided by law), and all solid waste disposal permits issued under the provisions of the Solid Waste Management Act, as amended, and the Solid Waste Management Code. Facilities operating under the provisions of the “Permits by Rule” or “Authorization by Rule” will be exempted from this regulation until such time that the facility submits an application for an individual permit within each applicable permit category. Laboratory certification fees established by this regulation shall be applicable to all laboratories certified by the Department. The fees include, but are not limited 

to, the reasonable costs of administering the provisions of the program and the reasonable administrative costs of initial issuance, initial certificate, renewed certificates, and the expenses associated with conducting evaluations. 

This section specifies the applicability of the ChaThe applicability provisions address all fee prog9. Language similar to current SIP-approved laSection 4. Reference to fee program for the StatLaboratory Certification Program Act was addeAs discussed above, as part of this action we are permit program fee regulations, found in Chapteincorporation into the Arkansas SIP. The other pscope of the SIP, and Arkansas has not submitted of the SIP revision submittal. Our proposed appthese programs in Reg. 9.103 does not approve tthat are beyond the scope of the SIP, or the assothe Arkansas SIP. Revision does not impact the regulation’s ability federal requirements for fees and is approvable. 

Reg. 9.104 Severability 
Table II.A.1 –Regulation 9, Chapter 1 Provisions 

Revisions to the AR SIP Adopted by ADEQ on June 22, 2012 Effective July 9, 2012 Submitted to the EPA on November 6, 2012 

Comments 

If any provision of this Regulation or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Regulation which can be given effect without the invalid portion or application, and to this end the provisions of this Regulation are declared to be severable. 

This section contains the severability provisions similar to current SIP-approved language in RegRevision does not impact the regulation’s ability federal requirements for fees and is approvable. 

The analysis presented above in Table II.A.1 demonstrates that the revisions to Arkansas Regulation 9, Chapter 1 November 6, 2012, are approvable. 

Table II.A.2 –Regulation 9, Chapter 2 Provisions2Revisions to the AR SIP Adopted by ADEQ on June 22, 2012 Effective July 9, 2012 Submitted to the EPA on November 6, 2012 

Comments 

CHAPTER 2: DEFINITIONS All terms used in this regulation, unless the context otherwise requires, or unless specifically defined in the enabling legislation or in federal regulations adopted by reference for program management, shall have their usual meaning. In addition, for purposes of this regulation, the following definitions apply:

This serves as an introduction to the Definitions Language similar to current SIP-approved languSection 3. Revision does not impact the regulation’s ability federal requirements for fees and is approvable. 

“Administrative Permit Amendment” means a minor change or permit revision which is not typically considered a permit modification, as defined by applicable statutes or regulations, or a minor modification which does not require public notice and opportunity for comment. For example, typographical corrections or revisions, or other changes initiated by the Department, might be considered administrative permit amendments. Some minor changes requested by the permittee may also qualify as administrative permit amendments. For purposes of Chapter 5, administrative permit amendments are defined in Regulations 18, 19, 

This is a new definition of “Administrative Permcontained in the current SIP-approved language Revision does not impact the regulation’s ability federal requirements for fees and is approvable. 

2 A list of definitions that are not being approved into the SIP are listed in Appendix A 
Table II.A.2 –Regulation 9, Chapter 2 Provisions2

Revisions to the AR SIP Adopted by ADEQ on June 22, 2012 Effective July 9, 2012 Submitted to the EPA on November 6, 2012 

Comments 

and 26. The Director, in his discretion, may decide whether a revision would be considered an administrative amendment. No fee will be charged for administrative permit amendments. “Annual Fee” means the fee required to be submitted upon the facility-specific annual invoice date for a permit issued pursuant to the Water and Air Pollution Control Act, as amended, or the Solid Waste Management Act, as amended. 

This is a new definition of “Annual Fee” that is current SIP-approved language in Regulation 9. to the SIP-approved definition of “Annual RevieRevision does not impact the regulation’s ability federal requirements for fees and is approvable. 

“Commission” means the Arkansas Pollution Control and Ecology Commission. Definition is similar to current SIP-approved def

in Regulation 9, Section 3. Revision does not impact the regulation’s ability federal requirements for fees and is approvable.

“Department” means the Arkansas Department of Environmental Quality (ADEQ) or its successor. 

Definition is similar to current SIP-approved defRegulation 9, Section 3. Revision does not impact the regulation’s ability federal requirements for fees and is approvable.

“Director” means the Director of the Arkansas Department of Environmental Quality or his designated representative. 

Definition is similar to current SIP-approved defRegulation 9, Section 3. Revision does not impact the regulation’s ability federal requirements for fees and is approvable.

“EPA” means the United States Environmental Protection Agency. This is a new definition of “EPA” that is not con

approved language in Regulation 9. Revision does not impact the regulation’s ability federal requirements for fees and is approvable.

“Facility” means an activity or operation within a specific geographical location including property contiguous thereto. A facility may consist of several manufacturing, treatment, storage, or disposal operational units. For purposes of this permit fee regulation, a facility shall be considered to be all property, 

Definition is similar to current SIP-approved defRegulation 9, Section 3. 
Table II.A.2 –Regulation 9, Chapter 2 Provisions2

Revisions to the AR SIP Adopted by ADEQ on June 22, 2012 Effective July 9, 2012 Submitted to the EPA on November 6, 2012 

Comments 

facilities, or operations owned, leased, or operated by a single entity, whether a municipal, county, or state government, corporation, partnership, or proprietorship in the same geographical area, forming an integral part of the same activity or operation, whether or not such activity lies within the boundaries of the city or county. For purposes of permit fee assessment only, such property, facilities, or operations shall be considered as a single facility if they are regulated by a common state or federal permit within each permit category, or in the future such consolidation of multiple permits can be realized within the scope of applicable permitting regulations, and the facilities or operations are under the supervision of a single plant manager/superintendent. 

Revision does not impact the regulation’s ability federal requirements for fees and is approvable.

“Initial Fee” means the fee which is required by law to be submitted with all applications for permits issued pursuant to the Water and Air Pollution Control Act, as amended, and the Solid Waste Management Act, as amended, and which must be received by the Department prior to the issuance of such a permit. 

Definition is similar to current SIP-approved defApplication Fee” in Regulation 9, Section 3. Revision does not impact the regulation’s ability federal requirements for fees and is approvable.

“Issue Date” means the date the Department signed the permit. This is a new definition of “Issue Date” that is n

SIP-approved language in Regulation 9. Revision does not impact the regulation’s ability federal requirements for fees and is approvable.

“Modification Fee” means that fee required by law to be submitted for modification of any existing or future permit required by the Water and Air Pollution Control Act, as amended, or the Solid Waste Management Act, as amended, such modification being either at the request of the permittee or as required by law or regulation. The fee may vary depending upon whether the permit modification or renewal is considered to be a minor or major modification, as defined in applicable statutes or regulations, or otherwise determined by the Director. 

Definition is similar to current SIP-approved defFee” in Regulation 9, Section 3. Revision does not impact the regulation’s ability federal requirements for fees and is approvable.

“Non-Part 70 Permit” means an air permit that is issued pursuant to a regulation other than Part 70 of Title 40 of the Code of Federal Regulations (40 CFR Part 70). 

This is a new definition of “Non-Part 70 Permit” the current SIP-approved language in RegulatioRevision does not impact the regulation’s ability federal requirements for fees and is approvable.
Table II.A.2 –Regulation 9, Chapter 2 Provisions2

Revisions to the AR SIP Adopted by ADEQ on June 22, 2012 Effective July 9, 2012 Submitted to the EPA on November 6, 2012 

Comments 

“Part 70 Permit” means an air permit that is issued pursuant to 40 CFR Part 70. This is a new definition of “Part 70 Permit” that 

current SIP-approved language in Regulation 9. Revision does not impact the regulation’s ability federal requirements for fees and is approvable.

“Renewal Permit” means a permit issued to a facility upon expiration of an existing permit. A modification fee may be assessed, depending upon whether the renewal is considered to be a minor or major modification, as defined in applicable statutes or regulations, or otherwise determined by the Director. 

Definition is similar to current SIP-approved defPermit” in Regulation 9, Section 3. Discussion ofor a Renewal Permit has been added to the definrevisions to the fee regulation programs. Revision does not impact the regulation’s ability federal requirements for fees and is approvable.

The analysis presented above in Table II.A.2 demonstrates that the revisions to Arkansas Regulation 9, Chapter 2 November 6, 2012, are approvable. 

Table II.A.3 –Regulation 9, Chapter 3 Provisions Revisions to the AR SIP Adopted by ADEQ on June 22, 2012 Effective July 9, 2012 Submitted to the EPA on November 6, 2012 

Comments 

CHAPTER 3: PERMIT FEE PAYMENT Reg. 9.301 Permit Fee Payment (A) Fee Calculation 

The applicant may calculate the initial permit application fee or permit modification fee and include it with the permit application, or the applicant may request that the Department calculate the fee after 

reviewing the application and forward an invoice to the applicant for payment. 

(B) Fee Payment 

This section includes provisions related to fee pacalculation, payment schedules, and late paymenlanguage is similar to the SIP-approved languag7. Revision does not impact the regulation’s ability federal requirements for fees and is approvable. 
Table II.A.3 –Regulation 9, Chapter 3 Provisions 

Revisions to the AR SIP Adopted by ADEQ on June 22, 2012 Effective July 9, 2012 Submitted to the EPA on November 6, 2012 

Comments 

Applicable permit fees shall be paid by check or money order payable to the Department for deposit in the State Treasury. The permit will not be issued until such fee is received by the Department. 

(C) Annual Fee Payment 

Annual fees shall be due forty-five (45) days after the first day of the month in which the Permittee is billed for the required annual fee. Failure to receive this bill does not relieve the Permittee from liability for the annual fee, but late charges will not be assessed until forty-five (45) days after the Permittee has been notified that the annual fee is due. The 

Director may waive annual fees or a portion thereof, for new facilities which are not in operation, unless such waiver is otherwise prohibited by State or Federal law. 

(D) Failure to Pay Annual Fees 

A permitted facility failing or refusing to pay the annual fee in a timely manner shall be subject to a late payment charge as established in these regulations. Continued refusal to pay the required fees after a reasonable notice shall constitute grounds for legal action by the Department, which may result in revocation of the permit. When payment of fees is made by check which is subsequently returned due to insufficient funds, all review work on the particular application will immediately cease until the fee is paid in cash or by money order. 

(E) First Annual Fee Payment 

The annual fee shall be assessed upon the facility-specific annual invoice date. The Department shall credit the first annual fee, on a prorated basis, if the initial fee for the permit was assessed within 12 months of the first annual fee for the permit. The Department may credit the annual fee, on a prorated basis, if a modification fee for the permit was assessed within 12 months of the annual fee for the permit. 

(F) Annual Fee Late Payment Charge 

A late payment charge shall be assessed to facilities failing to pay the annual fee within forty-five (45) days of the billing date, and shall be assessed at the rate of ten percent (10%) of the annual fee. LATE PAYMENT CHARGE = TEN PERCENT (10%) OF ANNUAL FEE 
Table II.A.3 –Regulation 9, Chapter 3 Provisions 

Revisions to the AR SIP Adopted by ADEQ on June 22, 2012 Effective July 9, 2012 Submitted to the EPA on November 6, 2012 

Comments 

Reg. 9.302 Refunds Except for pre-site investigation fees and interim authority or variance application fees as described in Chapters 6 and 7, up to forty percent (40%) of a fee submitted pursuant to this regulation is refundable in the event that the request for the permit action for which the fee was submitted is withdrawn by the applicant prior to the final permit decision. The Director shall retain as much of the above-cited forty percent (40%) as he in his sole discretion, determines is necessary to cover the reasonable administrative and technical review costs incurred in the review process. 

This section discusses the refund policy for fees r9, specifically how much of a fee is refundable acircumstances. Some of the language in this secapproved language in Regulation 9, Section 8. Revision does not impact the regulation’s ability federal requirements for fees and is approvable. 

The analysis presented above in Table II.A.3 demonstrates that the revisions to Arkansas Regulation 9, Chapter 3 November 6, 2012, are approvable. 
Table II.A.4 –Regulation 9, Chapter 5 Provisions 

Revisions to the AR SIP Adopted by ADEQ on June 22, 2012 Effective July 9, 2012 Submitted to the EPA on November 6, 2012 

Comments 

CHAPTER 5: AIR PERMIT FEES AIR PERMIT FEES. Reg. 9.501 Applicability The air permit fees contained in this section are applicable to (1) non-part 70 permits, (2) part 70 permits, and (3) general permits. 

This section states the type of permits that have aRegulation 9, Chapter 5. Revision does not impact the regulation’s ability federal requirements for fees and is approvable. 

Reg. 9.502 Terms Used in Fee Formulas 

(A) $/ton factor is $16/ton until September, 1994, after which time it shall be increased annually by the percentage, if any, by which the federal Consumer Price Index exceeds that of the previous year. The Director may, after considering the factors contained in Reg.9.901 of this regulation, decide not to increase the $/ton factor in a year when the fee fund has a balance greater than 150% of the amount of money expended from that fund in the previous year. (B) tons/year predominant air contaminant is the permitted emission rate of the most predominant air contaminant (other than carbon monoxide, carbon dioxide and methane). The maximum value shall be no greater than 4,000 tons/year per facility. (C) tons/year chargeable emissions is the sum of the permitted emission rates of all air contaminants (other than carbon monoxide, carbon dioxide and methane). The maximum value per air contaminant shall not exceed 4,000 tons/year per facility. 

This section defines the terms used to calculate tChapter 5. As stated in this section, the $/ton facas necessary, based on the Consumer Price Indecarbon monoxide, carbon dioxide, and methane “tons/year predominant air contaminant” and “

emissions” determinations. EPA’s Tailoring Rule did not require states to chrequirements to address greenhouse gases (carbRevision does not impact the regulation’s ability federal requirements for fees and is approvable. 

Reg. 9.503 Initial Fees Initial fees shall be assessed according to the following formulas: 

(A) Non-part 70 permits 

initial fee = $/ton factor x tons/year predominant air contaminant Provided, however, no initial fee shall be less than $500 except for general permits issued to Non-part 70 sources. 

(B) Part 70 permits 

This section provides the initial fee calculation fand non-Part 70 permits. This language is simillanguage in Regulation 9, Section 10. However, formulas have been updated with the new RegulaRevision does not impact the regulation’s ability federal requirements for fees and is approvable. 
Table II.A.4 –Regulation 9, Chapter 5 Provisions 

Revisions to the AR SIP Adopted by ADEQ on June 22, 2012 Effective July 9, 2012 Submitted to the EPA on November 6, 2012 

Comments 

(1) Permits issued to part 70 sources already holding an active air permit not issued pursuant to Department Regulation #26: 

initial fee = [$/ton factor x tons/year chargeable 

emissions] - amount of last annual air permit fee invoice 

Provided, however, that no initial fee shall be less than $1,000. 

(2) Permits issued to part 70 sources which do not hold an active air permit: 

initial fee = $/ton factor x tons/year chargeable 

emissions 

Provided, however, that no initial fee shall be less than the $/ton factor x 100. 

Reg. 9.504 Annual Fees Annual fees shall be assessed according to the following formulas: 

(A) Non-part 70 permits 

annual fee = $/ton factor x tons/year predominant air contaminant Provided, however, that no annual fee shall be charged for a permit in which the tons/year predominant air contaminant is less than 10 tons/year. 

(B) Part 70 permits 

annual fee = $/ton factor x tons/year chargeable emissions Provided, however, that no annual fee shall be less than the $/ton factor x 100. 

This section provides the annual fee calculation fand non-Part 70 permits. This language is simillanguage in Regulation 9, Section 10. However, formulas have been updated with the new RegulaRevision does not impact the regulation’s ability federal requirements for fees and is approvable.

Reg. 9.505 Modification Fees Modification and renewal fees for air permits shall be assessed according to the following formulas: 

(A) Non-part 70 permits 

modification fee = $/ton factor x tons/year net emissions increase of predominant air contaminant 

This section provides the modification fee calculPart 70 and non-Part 70 permits. This language approved language in Regulation 9, Section 10. 

calculation formulas have been updated with the Revision does not impact the regulation’s ability federal requirements for fees and is approvable.
Table II.A.4 –Regulation 9, Chapter 5 Provisions 

Revisions to the AR SIP Adopted by ADEQ on June 22, 2012 Effective July 9, 2012 Submitted to the EPA on November 6, 2012 

Comments 

However, no modification fee shall be less than $400, or more than the $/ton factor x 4,000. 

(B) Part 70 permits 

(1) For each non-minor permit modification or each renewal permit involving a non-minor permit modification: 

fee = $/ton factor x tons/year net emission increase of 

chargeable emissions 

However, no fee shall be less than $1,000 or more than the 

$/ton factor x 4,000. 

(2) $500 for each minor permit modification or each renewal permit involving only a minor permit modification. 

Reg. 9.506 Administrative Permit Amendments and Renewal Permits There shall be no fee charged for administrative permit amendments or renewal permits not involving a permit modification, as such are defined in Regulation 26: Arkansas Operating Air Permit Program, Regulation 19: State Implementation Plan for Air Pollution Control, or Regulation 18: Arkansas Air Pollution Control Code, as applicable. 

This section excludes administrative permit amenpermits not involving a permit modification from Revision does not impact the regulation’s ability federal requirements for fees and is approvable.

Reg. 9.507 General Permits (A) In lieu of the fees schedules above, and except as provided in 9.507(B) 

below, sources which qualify for a General Air Permit issued pursuant to APC&EC Reg. Nos. 18, 19, or 26 shall be subject to an Initial Fee and Annual Fee as described below: 

(1) The Initial Fee of $200.00 shall be remitted with the Notice of Intent (NOI) for coverage under the applicable General Permit. (2) Until a Notice of Termination (NOT) is submitted and approved 

by the Department, the Permittee shall be billed $200.00 annually thereafter on the anniversary date of coverage. (3) When general permits are revised, no additional initial fee will be required to be submitted if the currently permitted facility has maintained coverage under the existing general permit. 

(B) The following General Permit holders shall not be assessed or billed an 

Annual Fee: 

This section provides the initial and annual fee sauthorized under general permits. Revision does not impact the regulation’s ability federal requirements for fees and is approvable. 
Table II.A.4 –Regulation 9, Chapter 5 Provisions 

Revisions to the AR SIP Adopted by ADEQ on June 22, 2012 Effective July 9, 2012 Submitted to the EPA on November 6, 2012 

Comments 

(1) Non-part 70 General Permits in which the tons/year predominant air contaminant is less than 10 tons per year. 

Reg. 9.508 Permit Fees for Certain Small Businesses Subject to Part 70 Permitting Requirements (A) For purposes of this section, the term “small business stationary source” means a stationary source that : 

(1) is owned or operated by a person that employs 100 or fewer 

individuals 

(2) is a small business concern as defined in the federal Small 

Business Act (www.sba.gov); 

(3) is not a major stationary source; (4) is permitted to emit less than 50 tons per year of any regulated 

pollutant; and 

(5) is permitted to emit less than 75 tons per year of all regulated 

pollutants. 

(B) Upon written request, the Director may reduce the Part 70 initial, Part 70 annual, or Part 70 modification fee for a small business stationary source if the source demonstrates to the satisfaction of the Director that they do not have the financial resources to pay the fee as calculated. (C) When reducing permit fees in accordance with Reg.9.508(B), the Director shall calculate the fee as if the source is a non-Part 70 source. 

This section provides the opportunity for sources “small business stationary source” to have reduor modification fees. Revision does not impact the regulation’s ability federal requirements for fees and is approvable.

The analysis presented above in Table II.A.4 demonstrates that the revisions to Arkansas Regulation 9, Chapter 5 November 6, 2012, are approvable. 
Table II.A.5 –Regulation 9, Chapter 9 Provisions 

Revisions to the AR SIP Adopted by ADEQ on June 22, 2012 Effective July 9, 2012 Submitted to the EPA on November 6, 2012 

Comments 

CHAPTER 9: ADMINISTRATIVE PROCEDURES Reg. 9.901 Department Review of Fees The Department shall undertake a biennial re-evaluation of the permit fee schedule as contained in this regulation within sixty (60) days of receiving its approved budget for the next biennium. The evaluation shall reflect the current needs of the Department to perform essential permitting, compliance, enforcement and monitoring activities; the resources available; the balance of the permit fee fund from the previous biennium; anticipated state and federal appropriations; status of delegation of federal programs; and any other factors deemed relevant to the study by the Department. 

This section contains the procedures to be followreviews the fees contained in Chapter 9. Languaapproved language in Regulation 9, Section 11. Revision does not impact the regulation’s ability federal requirements for fees and is approvable.

Reg. 9.902 Appeals If any applicant/permittee disagrees with the Department’s decision on an assessment of fees, the applicant/permittee may appeal such decision in 

accordance with the applicable provisions of the Water and Air Pollution Control Act, the Solid Waste Management Act, the State Environmental Laboratory Certification Program Act, and Pollution Control and Ecology Commission Regulation No. 8, Administrative Procedures. 

This section contains the provisions that allow foassessments by applicants/permittees. Language approved language in Regulation 9, Section 13. Revision does not impact the regulation’s ability federal requirements for fees and is approvable.

Reg. 9.903 Effective Date This regulation is effective ten (10) days after filing with the Secretary of State, the State Library, and the Bureau of Legislative Research. 

This sections states when the Chapter 9 Fee RegLanguage similar to current SIP-approved languSection 14. Revision does not impact the regulation’s ability federal requirements for fees and is approvable.

The analysis presented above in Table II.A.5 demonstrates that the revisions to Arkansas Regulation 9, Chapter 9 November 6, 2012, are approvable. 
The Fee Regulations contained in Regulation 9 are specifically reviewed with respect to the requirements for fee

110(a)(2) of the Clean Air Act (CAA or the act herein), as requirements of the State implementation plans for na

secondary ambient air quality standards (42 U.S.C. 7410, et seq.). Section 110(a)(2) of the Act requires that fees to cover the costs of reviewing and acting on permit applications and the costs of implementing and enforcing thof the issued permits. Specifically, Section 110(a)(2)(E)(i) requires that the SIP shall “provide necessary assuran

have adequate personnel, funding, and authority under State law to carry out such implementation plan”. Section the SIP shall “require the owner or operator of each major stationary source to pay to the permitting authority, as permit required under this chapter, a sufficient fee to cover – (i) the reasonable costs of reviewing and acting uposuch a permit and (ii) if the owner or operator receives a permit for such source, the reasonable costs of implemeterms and conditions of any such permit (not including any court costs associated with any enforcement action”, requirement is superseded with respect to such sources by the Administrator’s approval of a fee program under s

chapter”. The fee assessment provisions contained in Regulation 9 and submitted to EPA are a portion of the regADEQ's construction permitting program, and provide for permitting fees to cover the cost of reviewing, approvi

enforcing a permit under the permitting program. EPA has previously reviewed the ADEQ regulations for the NoSource Review Program, Prevention of Significant Deterioration Permitting, and Minor NSR program, and has a

as being consistent with the federal requirements. Based on our evaluation of these fee assessment rules and reviTSD, EPA finds they meet the fee related requirements of section 110(a)(2) regarding revised costs for these pre

programs, and thus approves the rules and revisions as explained in Table II. 

The repeal and replacement SIP revision also included the most recent changes to Regulation 9 at Section

which amend the air permit fee schedule to exclude carbon dioxide and methane from the “tons/year predominan“tons/year chargeable emissions” for the purpose of calculating permit fees. The EPA’s authority to regulate emi

gases, including carbon dioxide and methane, arises in the EPA’s Tailoring Rule and other associated rulemakingJune 3, 2010. However, the Tailoring Rule does not require States to change permit fee requirements to address g

Requirements for States to charge permit fees for title I major stationary source permits are governed by CAA sewhich requires that States must charge sufficient fees to cover the cost of development and implementation of pe

sources and major modifications. Section 110(a)(2)(L) is not specific to pollutants, therefore it is left to each perm

determine the most appropriate fee schedule for the specific program. The SIP is intended to implement title I of the CAA and title V specific requirements are not generally included i

because the Arkansas air permitting program is a one permit system (meaning that title I and title V are issued to
regulations are combined.3 The EPA has not evaluated the submitted Regulation 9 Fee Provisions for sufficiency 

operating permit program as part of this action. EPA typically evaluates title V program fee sufficiency separatela State permitting authority’s operating permit program through title V program audits. Furthermore, our propose

Regulation 9 into the Arkansas SIP does not include the approval of the underlying title V program into the Arka

evaluate the title V specific requirements for fees. 

3The provisions of Regulation 9 refer to Title V permits as Part 70 permits. Title V permits are often called Part 70 permits because the 

the minimum standards for state operating permit programs are found in 40 CFR Part 70. 
B. Part 51, Appendix V Completeness Checklist 

The criteria for completeness determination are found in Appendix V to Part 51 – Criteria for 

determining the completeness of plan submissions and are outlined below: 

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

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

purposes of review under § 51.103. 

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

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

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

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

requirements of this appendix V within 60 days of the EPA’s receipt of the submittal, but 

no later than 6 months after the date which the State was required to submit the plan or 

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

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

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

submission is an official submission for purposes of § 51.103. 

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

 
Administrative Materials (2.1) 

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

requesting the EPA’s approval of the revision. 

The SIP revisions addressed in this action were submitted via letter from Governor Beebe 

dated November 6, 2012. 

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

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

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

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

The submitted regulations contained in the SIP revision addressed in this action were 

effective on July 9, 2012. 

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

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

The authority for promulgating changes to the Arkansas State Implementation is found in 

Arkansas Code Annotated (A.C.A.) § 8-1-203(b)(1). 

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

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

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

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

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

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

The SIP submittal included a copy of the official State regulation document. 

5. Evidence is included that the State followed all of the procedural requirements of its laws 

and/or its constitution in the conducting and completing the adoption/issuance of the plan. 

The SIP submittal package included a certification demonstrating the SIP submittal was 

developed pursuant to 40 CFR 51.104. 

6. Evidence is included that public notice was given of the proposed changes consistent with 

the procedures approved by the EPA, including the date of publication of such notice (e.g., 
notarized or certified copies of any public notices published in newspapers). (The notice 

should be at least 30 days prior to the public hearing(s). 

The SIP submittal addressed in this action included a summary of the Public Notices 

published for the rule revisions, as well as, copies showing evidence of the published 

notices. These public notices included information regarding the public comment period 

and upcoming public hearings. 

7. A certification is included indicating that public hearing(s) was/were held in accordance 

with the information provided in the public notice(s) and the State’s laws and constitution, 

if applicable. 

The SIP submittal contained a signed affidavit that certified that the required procedures 

were followed with respect to public notice, public hearing, and public participation. 

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

The SIP submittal addressed in this action included copies of comments received from the 

public on the State regulation, as well as, as the State’s responses to the comments 

received. 
Technical Support (2.2) 

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

The SIP submittal addresses revisions to the provisions related to the air permitting 

program fees; therefore, the SIP submittals have the potential to address all regulated 

pollutants. 

2. Identification of the locations of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the attainment plan 

for the affected area(s) is included. 

The provisions evaluated as part of this action can be applied statewide. 

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

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

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

from affected sources through calculations of the differences between certain baseline 

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

Not applicable to this SIP revision. The new regulation only affects the fees paid in order 

to emit pollutants, but does not affect emission levels directly. 

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

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

Not applicable to this SIP revision. This plan revision does not pertain to redesignating 

an area to attainment for a national primary ambient air quality standard. Nor does this 

revision pertain to prevention of significant deterioration (PSD) increments and 

demonstrations of reasonable further progress. The new regulation only affects the fees 

paid in order to emit pollutants, but does not affect emission levels directly. 

5. FOR REDESIGNATIONS: 

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

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

Not applicable. 

b. Are contingency measures included? 

Not applicable. 
6. Modeling information, if applicable, is required to support the proposed revision. 

Not applicable. 

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

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

designs, reformulated materials, etc.). 

Not applicable. 

8. Evidence is included indicating that a SIP revision contains emission limitations, work 

practice standards and recordkeeping/reporting requirements to ensure stated emission 

levels. 

Not applicable. 

9. Compliance/enforcement strategies including how compliance will be determined in 

practice (including at what frequency). 

Not applicable. 

10. As appropriate, special economic and technological justifications are included per 

applicable EPA policies or an explanation why such justifications are not necessary should 

be included. For example, requests for alternative RACT may require such justification. 

Not applicable. No special economic and technical justifications are required by other 

applicable EPA policies are necessary because no such policies are relevant in this case. 

The November 6, 2012 SIP submittal meets the completeness criteria established in 40 CFR 

part 51, Appendix V.
III. Proposed Action 

It is recommended that the EPA approve of the adoption of the repeal and replacement of 

Regulation 9 – Fee Regulation submitted November 6, 2012. See discussion regarding basis for 

approval in Sections II of this TSD and in Section III of the Federal Register. 

This technical support document has evaluated the revisions to the Arkansas fee program 

effective on July 9, 2012, and submitted as a revision to the Arkansas SIP on November 6, 2012. 

The EPA also evaluated numerous formatting and typographical revisions and found those to 

improve clarity and readability of the SIP. 

It is recommended that the EPA propose approval of the November 6, 2012 revision. Because 

these are noncontroversial revisions the EPA should consider a direct final approval. 

 
Appendix A 

Chapter 2 definitions that are not being approved into the SIP4: 

“Category” means one type of laboratory test or group of laboratory tests for similar materials or 

classes of materials or which utilize similar methods or related methods. 

“Certificate” means the annual document showing those parameters for which a laboratory has received 

certification. The annual period begins at receipt of fee payments or at the expiration of a current 

certificate. 

“Confined Animal Operation” means any lot or facility where livestock or fowl have been, are, or will 

be stabled or confined and fed or maintained, and where crops, vegetation, forage growth, or postharvest residues are not sustained in the normal growing season over any significant portion of the lot 

or facility. 

“Discretionary Major Facility” means an industrial facility discharging wastewater under the terms of a 

National Pollutant Discharge Elimination System (NPDES) permit that does not meet the numerical 

rating criteria as an NPDES non-municipal major facility, but which is designated as a major permittee 

by the Department or the U.S. Environmental Protection Agency (EPA). Such facilities are assigned 

an Major Rating Code (MRAT) greater than 500. 

“Evaluation” means a review of the quality control and quality assurance procedures, records keeping, 

reporting procedures, methodology, and analytical techniques of a laboratory for measuring or 

establishing specific parameters. 

"Laboratory" means any facility that performs analyses to determine the chemical, physical, or 

biological properties of air, water, solid waste, hazardous waste, wastewater, soil or subsoil materials, 

or any other analyses related to environmental quality evaluations. 

“Major Municipal Facility” means a publicly owned treatment works (POTW) with a design flow or 

daily average flow of 1.0 million gallons per day (mgd) or greater, or a POTW designated as a major 

facility by the Department or EPA. 

“Non-Municipal Major Facility” means a facility subject to the National Pollution Discharge 

Elimination System (NPDES) whose status is determined following completion of an NPDES Permit 

Rating Worksheet (current version) in which points are allocated on the basis of toxic pollutant 

potential, permitted flow or the ratio of wastewater to stream flow volume, conventional pollutants 

mass loadings, public health impacts (including proximity to drinking water supplies and potential for 

human health toxicity), and water quality factors. Additional points can be assessed for certain steam 

electric power plants or for separate storm sewers serving a population greater than 100,000. The total 

points accumulated is known as the Major Rating Code or MRAT, which is the numeric total of 

ranking points assigned to non-municipal facilities and used to delineate them as a major or minor 

facility. Currently, a facility with an MRAT of eighty (80) points or more is designated as a “nonmunicipal major” facility. Additionally, EPA or the Department may designate an NPDES permittee 

as a “discretionary major” facility. Once an MRAT for a major facility is calculated and approved by 

EPA, the Department may recommend increases or decreases to an MRAT, but only EPA is authorized 

to change an individual permittee’s MRAT or designation as a “major” facility. 

"Parameter" means the characteristic or characteristics of a laboratory sample determined by an 

analytic laboratory testing procedure. 

“Program” means the Arkansas State Environmental Laboratory Certification Program. 

                                                            

4

 Only the portions of Chapter 2 that relate to the Air program as included in the SIP. The definitions to include are 

specified in ADEQ letter from Mike Bates to Tracie Donaldson, EPA dated December 11, 2014.