STATE OF ARKANSAS 

MIKE BEEBE 

GoVERNOR 

November 6, 2012 

Ron Curry, Regional Administrator 

United States EPA Region VI 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

Re: Arkansas State Implementation Plan (SIP) Revision 

Dear Mr. Curry: 

RECEIVED 

12 DEC -3 PH 4: 53 

AIR PEHHITS SECTiON 

fif'O-R 

The Arkansas Department of Environmental Quality ("ADEQ") hereby 

respectfully submits, for approval from the United States Environmental Protection 

Agency ("EPA"), our revisions to the Arkansas Pollution Control and Ecology 

Commission's ("Commission") Regulation Number 19, Regulations of the Arkansas Plan 

of Implementation for Air Pollution Control. The Commission adopted changes to 

Regulation Number 19 on June 22, 2012, in response to EPA's Prevention of Significant 

Deterioration and Title V Greenhouse Gas ("GHG") Tailoring Rule: Final Rule" 

("Tailoring Rule") (75 FR 31514, June 3, 2010,) requiring States to address GHG 

emissions in their Prevention of Significant Deterioration ("PSD") and Title V permitting 

programs beginning January 2, 20 II, and in their operating permits for facilities 

beginning July I, 20 II. The Commission also simultaneously adopted revisions to 

Regulations Number 9, Fee Regulation, and Number 26, Regulations of the Arkansas 

Operating Permit Program, which addressed the same matter. 

Arkansas could not incorporate the Deferral for C02 Emissions from Bioenergy 

and Other Biogenic Sources under the Prevention of Significant Deterioration (PSD) and 

Title V Programs ("Biomass Deferral") (76 FR 43490, July 20, 2011,) during the 

Tailoring Rule rulemaking process. This was because the Arkansas GHG rulemaking 

had been initiated and the public hearing-and-comment period had already expired before 

EPA finalized the Biomass Deferral. To include the Biomass Deferral in the State 

regulations, ADEQ submitted an emergency rulemaking petition to the Commission and, 

concurrently, requested initiation of permanent rulemaking to address the Biomass 

Deferral. The Commission approved both emergency rulemaking on the Biomass 

Deferral and initiation of permanent Biomass Deferral rulemaking on June 22, 2012. The 

STATE CAPrrOLSl'!TE250 ·llmEROCKAR 72.."01 

T!liPHONE(50])682-2345 • FAX(50!i682-1382 

L'\'TERNETWEBSITE 0 W\\W~I:11n-~.p· 
Commission adopted the permanent Biomass Deferral rulemaking on October 26, 2012. 

Requirements for a public hearing and comment period on the Biomass Deferral were 

satisfied during the permanent rulemaking process. Arkansas received one nonsubstantive comment on Regulation Number 19, which was incorporated to improve 

readability. 

On this SIP submittal, Arkansas also requests that EPA withdraw the currently 

approved SIP provisions found in Regulation Number 9 and replace them with the 

portions of Regulation Number 9, chapters 1, 2, 3, 5 and 9, which relate to the air 

program. 

Arkansas also requests that EPA review the decision on the proposed partial 

disapproval of the Arkansas SIP for the 1997 eight-hour Ozone and the 1997 and 2006 

fine particulate matter ("PM2 5") national ambient air quality standards ("NAAQS") at 

110(a)(2) for portions (C), (D)(ii) and (J) (77 FR 6711, February 9, 2012,) as Arkansas 

has the resources and, upon EPA's approval of this SIP submittal, will have the authority 

to implement, maintain, and enforce the PSD program for GHG emitting sources. Thus, 

Arkansas has corrected the deficiencies identified in the February 9, 2012, Federal 

Register notice related to GHG emissions regulated under the PSD program. 

Upon EPA's approval of this SIP submittal, Arkansas requests the withdrawal of 

the Federal Implementation Plan (75 FR 82246, December 30, 2010,) governing PSD 

permitting of GHG emissions in the State. 

Arkansas requests that this SIP revision be reviewed and approved as expeditiously as 

possible. The package accompanying this letter consists of two hard copies and one 

electronic copy (on disk), summarized as follows: 

• The Governor's Letter 

• Arkansas State Implementation Plan Revision Introduction 

• Evidence of Adoption of Regulation Changes 

Minute Orders for Adopted Changes 

Arkansas Register Transmittal Sheets 

• State's Legal Authority to Adopt and Implement the Plan 

• Regulations with Changes Indicated 

• · Regulations with Changes Incorporated 

• Procedural Requirements 

ADEQ Regulation Tracking Sheets 

Arkansas Register Transmittal Sheets 

Arkansas State Library Agency Certification Forms 

2 of3 
• Public Participation 

Public Notice Information 

Public Hearing Sign-in Sheets 

Public Comments and Responsiveness Summaries 

I certify that all documents submitted to the Regional Office in electronic form 

are exact duplicates of the hard-copy documents. Should any questions arise, please feel 

free to contact Mike Bates at (50!) 682-0750 or bates@adeq.state.ar.us. Thank you for 

your consideration of ADEQ's submission. 

MB:jb 

Enclosures 

3 of3 
NOVEMBER 6, 2012 

Revisions to the Arkansas State Implementation Plan 

“GHG Tailoring Rule and Biomass Deferral”
Revisions to the Arkansas State Implementation Plan 

Table of Contents 

Tab A State Implementation Plan Submittal Letter 

Tab B Introduction: GHG Tailoring Rule and Biomass Deferral Rule 

Tab C Evidence of State’s Adoption of the Revised Plan into Regulations 

GHG Tailoring Rule 

Biomass Deferral Rule 

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

Tab E Regulations with Changes Indicated 

GHG Tailoring Rule 

Biomass Deferral Rule 

Tab F Regulations with Changes Incorporated 

GHG Tailoring Rule 

Biomass Deferral Rule 

Tab G Procedural Requirements 

GHG Tailoring Rule 

 - Regulation Tracking Sheets 

 - Arkansas Register Transmittal Sheets 

 - Arkansas State Library Agency Certification Forms

Biomass Deferral Rule 

 - Regulation Tracking Sheets 
 - Arkansas Register Transmittal Sheets 

 - Arkansas State Library Agency Certification Forms 

Tab H Public Participation 

GHG Tailoring Rule: Regulations 9, 19, and 26 

 - Public Notice Information 

 - Public Hearing Sign-in Sheets 

 - Public Comments and Responsiveness Summaries 

Biomass Deferral Rule: Regulations 19 and 26 

 - Public Notice Information 

 - Public Hearing Sign-in Sheets 

 - Public Comments and Responsiveness Summaries 

Arkansas’s State Implementation Plan Revision 

 - Public Notice Information 

 - Public Hearing Sign-in Sheets 

 - Affidavit: Public Participation Process 
Tab A 

State Implementation Plan Submittal Letter 
SFATE OF' ARKANSAS 

MIKE BEI;.BI+. 

Cd IVI*N( )K 

November 6,2012 

Ron Curry, Regional Administrator 

United States EPA Region Vi 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

Re: Arkansas State Implementation Plan (SIP) Revision 

Dear Mr. Curry: 

The Arkansas Department of Environmental Quality ("ADEQ") hereby 

respectfully submits, for approval from the United States Environmental Protection 

Agency ("EPA"), our revisions to the Arkansas Pollution Control and Ecology 

Commission's ("Commission") Regulation Number 19, Regulations of the Arkansas Plan 

of Implementation for Air Pollution Control. The Commission adopted changes to 

Regulation Number 19 on June 22, 2012, in response to EPA's Prevention of Significant 

Deterioration and Title V Greenhouse Gas ("GHG") Tailoring Rule: Final Rule" 

("Tailoring Rule") (75 FR 31514, June 3, 2010,) requiring States to address GHG 

emissions in their Prevention of Significant Deterioration ("PSD") and Title V permitting 

programs beginning January 2, 2011, and in their operating permits for facilities 

beginning July 1, 20 1 1. The Commission also simultaneously adopted revisions to 

Regulations Number 9, Fee Kcgulation, and Number 26, Regulations of the Arkansas 

Operating Permit Program, which addressed the same matter. 

Arkansas could not incorporate the Deferral for COz Emissions from Bioenergy 

and Other Hiogenic Sources under the Prevention of Significant Deterioration (PSD) and 

Title V Programs ("Biomass Deferral") (76 FR 43490, July 20, 201 1,) during the 

Tailoring Rule rulemaking process. This was because the Arkansas GHG rulemaking 

had been initiated and the public hearing-and-comment period had already expired before 

EPA finalized the Biomass Deferral. To include the Biomass Deferral in the State 

regulations, ADEQ submitted an emergency rulemaking petition to the Commission and, 

concurrently, requested initiation of permanent rulemaking to address the Biomass 

Deferral. The Commission approved both emergency rulemaking on the Biomass 

Dcferral and initiation of permanent Biomass Deferral rulemaking on June 22,201 2. The 
Commission adopted the permanent Biomass Deferral rulemaking on October 26, 2012. 

Requirements for a public hearing and comment period on the Biomass Deferral were 

satisfied during the permanent rulemaking process. Arkansas received one nonsubstantive comment on Regulation Number 19, which was incorporated to improve 

readability. 

On this SIP submittal, Arkansas also requests that EPA withdraw the currently 

approved SIP provisions found in Regulation Number 9 and replace them with the 

portions of Regulation Number 9, chapters 1, 2, 3, 5 and 9, which relate to the air 

program. 

Arkansas also requests that EPA review the decision on the proposed partial 

disapproval of the Arkansas SIP for the 1997 eight-hour Ozone and the 1997 and 2006 

fine particulate matter ("PM2 5") national ambient air quality standards ("NAAQS") at 

110(a)(2) for portions (C), (D)(ii) and (J) (77 FR 671 1, February 9, 2012,) as Arkansas 

has the resources and, upon EPA's approval of this SIP submittal, will have the authority 

to implement, maintain, and enforce the PSD program for GHG emitting sources. Thus, 

Arkansas has corrected the deficiencies identified in the February 9, 2012, Federal 

Register notice related to GHG emissions regulated under the PSD program. 

Upon EPA's approval of this SIP submittal, Arkansas requests the withdrawal of 

the Federal Implementation Plan (75 FR 82246, December 30, 2010,) governing PSD 

permitting of GHG emissions in the State. 

Arkansas requests that this SIP revision be reviewed and approved as expeditiously as 

possible. The package accompanying this letter consists of two hard copies and one 

electronic copy (on disk), summarized as follows: 

The Governor's Letter 

Arkansas State Implementation Plan Revision Introduction 

Evidence of Adoption of Regulation Changes 

- Minute Orders for Adopted Changes 

- Arkansas Register Transmittal Sheets 

State's Legal Authority to Adopt and Implement the Plan 

Regulations with Changes Indicated 

Regulations with Changes Incorporated 

Procedural Requirements 

- ADEQ Regulation Tracking Sheets 

- Arkansas Register Transmittal Sheets 

- Arkansas State Library Agency Certification Forms 

2 of3 
Public Participation 

- Public Notice Information 

- Public Hearing Sign-in Sheets 

- Public Comments and Responsiveness Summaries 

I certify that all documents submitted to the Regional Office in electronic form 

are exact duplicates of the hard-copy documents. Should any questions arise, please feel 

free to contact Mike Bates at (501) 682-0750 or bates@adeq.state.ar.us. Thank you for 

your consideration of ADEQ's submission. 

MB:jb 

Enclosures 

jcT9 

Mike Beebe, 
Tab B 

Introduction: GHG Tailoring Rule and Biomass Deferral Rule
Page 1 of 5 

Arkansas State Implementation Plan Revision 

Introduction 

On June 3, 2010, the Environmental Protection Agency (“EPA”) published the Prevention of 

Significant Deterioration and Title V Greenhouse Gas (“GHG”) Tailoring Rule: Final Rule 

(“Tailoring Rule”) (75 FR 31514), requiring States to address GHG emissions in their title V and 

Prevention of Significant Deterioration (“PSD”) permitting programs beginning January 2, 2011, 

and in their operating permits for facilities beginning July 1, 2011. 

 In order to implement the final rule for GHG emissions in Arkansas and to incorporate it 

into the State permitting program, three Regulations (Numbers 9, 19, and 26) of the Arkansas 

Pollution Control & Ecology Commission (“Commission” or “APC&EC”) required revision. 

Regulation Number 9 establishes permit fees for water, air, and solid waste permitting. Regulation 

Number 19 is applicable to any stationary source with the potential to emit any federally regulated 

air pollutant equal to or in excess of the threshold for a major source, to minor sources, and is 

federally enforceable. Regulation Number 26 is intended to meet the requirements of title V of the 

federal Clean Air Act and 40 C.F.R. Part 70 by establishing a comprehensive state air quality 

operating permit program for major sources of air contaminants emissions. 

Approved Arkansas SIP components affected by this Revision 

APC&EC Regulation Number 9 

9.502 (B) and (C) 

APC&EC Regulation Number 19 

Chapter 2 Definitions 

o “Carbon dioxide equivalent emissions (CO2e)”

o “Federally regulated air emissions” item (E) 

o “Greenhouse gases” 

19.407 Permit Amendments 

o 19.407(C)(3) 

Chapter 9 Prevention of Significant Deterioration 

o 19.904(G) 

Appendix A Insignificant Activities List 

o Group A, Items #1 & #13

APC&EC Regulation Number 26 

26.401 Duty to apply 

The Arkansas Department of Environmental Quality (“ADEQ”) filed Regulation Numbers 

19 and 26 with the Commission to initiate rulemaking on January 14, 2011, and filed Regulation 

Number 9 with the Commission on November 18, 2011. The public hearing for Regulation 

Numbers 19 and 26 was held on March 8, 2011, and the public comment period was extended 
Arkansas State Implementation Plan Revision 

Introduction 

2 of 5 

through April 11, 2011. The public hearing for Regulation Number 9 was held on January 17, 

2012, and the public comment period expired January 31, 2012. In addition to the initial public 

hearings and comment periods, public stakeholder meetings also occurred on December 14, 2010, 

March 11, 2011, and February 29, 2012, and additional meetings were held with the Arkansas 

Environmental Federation representatives through May 2012. EPA also provided comments to 

ADEQ on the draft language during the public review process and again in the spring of 2012. 

Several changes were made to the originally proposed revisions as a result of considering comments 

received during this lengthy process. A responsive summary addressing public comments was 

finalized and ADEQ presented these regulations to the Arkansas Legislative Administrative Rules 

and Regulations Committee (ARR), the Legislative Joint Public Health and Welfare Committee 

(PHW), and the Legislative Council. After the regulations were reviewed by these committees, the 

revised and final regulations were presented to the Arkansas Pollution Control and Ecology 

Commission (Commission) on June 22, 2012, for final approval. The regulations were adopted by 

the Commission on June 22, 2012. Following the Commission's approval, the regulations were 

filed with the Arkansas Secretary of State and are fully effective, as of July 9, 2012. 

Also on June 22, 2012, the Commission promulgated on an emergency basis Regulation Numbers 

19 and 26 addressing EPA’s Deferral for CO2 emissions from Bioenergy and Other Biogenic 

Sources under the Prevention of Significant Deterioration and Title V Final Rule (“Biomass 

Deferral”) (76 FR 43490, July 20, 2011), which defers GHG permitting requirements for biogenic 

carbon dioxide (CO2) emissions from bioenergy and other biogenic stationary sources until July 21, 

2014. The Emergency Rule will remain in effect for 180 days. Permanent rulemaking for the 

Biomass Deferral included a public hearing, held on August 1, 2012, and comment period that 

ended on August 15, 2012. ADEQ d received one non-substantive comment on Regulation 

Number 19 which was incorporated to improve readability. ADEQ presented the permanent 

Biomass Deferral rulemaking and responsive summaries for Regulation Numbers 19 and 26 to the 

PHW on September 13, 2012, and to the ARR on October 15, 2012, and, subsequently, to the 

Legislative Council. After Legislative approval, the Commission adopted the permanent Biomass 

Deferral rulemaking on October 26, 2012.. Following the Commission's approval, Regulation 

Numbers 19 and 26 were filed with the Arkansas Secretary of State. 

Regulation Number 9: Regulations of the Arkansas Permit Fee Regulations 

EPA’s Tailoring Rule did not require states to change permit fee requirements to address 

greenhouse gases, nor did it require states to submit a new permit fee demonstration under 40 

C.F.R. §70.9 for state program revisions related to the permitting of greenhouse gases (75 FR 

31584, June 3, 2010). The Tailoring Rule allows states to use their discretion related to fees for 

GHGs, so long as fee collections are adequate for the administration of the title V program. EPA 

has previously determined that Arkansas’s air permit fee structure is adequate to support the title V 

program in the state and satisfies the federal requirements (66 FR 51314, October 9, 2001). 

After careful examination of the title V program and current permitting fees collected, it was 

concluded that existing program fees will be adequate to cover the program costs that include 

permitting of GHGs at Tailoring Rule levels. Therefore, Regulation Number 9 (Fee Regulation) was 

amended in order to prevent sources from incurring carbon dioxide and methane emission fees once 

Tailoring Rule changes were finalized in Regulation Numbers 19 and 26. 

The regulatory amendments related to the SIP which were adopted by the Commission include: 
Arkansas State Implementation Plan Revision 

Introduction 

3 of 5 

Exclusion of methane and carbon dioxide from being chargeable emissions in order to 

keep the air permit program’s fee structure unchanged. 

In this SIP submittal, Arkansas requests that EPA withdraw the currently approved SIP provisions 

found in Regulation Number 9 and replace them with the portions of Regulation Number 9 that 

relate to the air program. Included in this SIP revision are Chapters 1, 2, 3, 5 and 9 of Regulation 

Number 9. The effective date of these Regulation Number 9 provisions is July 9, 2012. 

Regulation Number 19: Regulations of the Arkansas Plan of Implementation 

for Air Pollution Control 

The changes to Regulation Number 19 were filed in response to EPA’s Tailoring Rule and 

the Finding of Substantial Inadequacy and SIP Call issued by EPA on December 13, 2010 (75 FR 

77698). The Tailoring Rule requires that greenhouse gases be subject to regulation under the Clean 

Air Act. 

The regulatory amendments related to the SIP involve the following: 

a) Addition of a provision to 19.102 (Applicability) which will stay revisions to Regulation 

Number 19 based on the Tailoring Rule, should that federal rule be stayed or invalidated 

through federal judicial or legislative action; 

b) Addition of definitions in Chapter 2 for “carbon dioxide equivalent emissions” (“CO2e”) 

and “greenhouse gases;” 

c) Revision of the definition of “Federally Regulated Air Pollutant” (“FRAP”) to clarify that 

GHGs will only be considered FRAPs if from a stationary source emitting or having the 

potential to emit 75,000 tons per year (“tpy”) CO2e emissions or more when the source is 

regulated under Chapter 9 (“Prevention of Significant Deterioration”) of Regulation 

Number 19; 

d) Addition of language to ensure greenhouse gas emission increases of less than 75,000 tpy 

can be processed as “De Minimis” permit changes (Reg.19.407), thus enabling sources to 

avoid major permit modifications for GHG emissions under this level. Even though use of 

the term “de minimis” may seem to imply this threshold level of GHG emissions to be 

environmentally insignificant, that is not the intention. The proposed addition seeks only 

to establish streamlined permitting procedures for modifications resulting in lower levels 

of GHG emissions, which are separate from permitting procedures for major permits. The 

term “de minimis,” as used in the context of Regulation Number 19, applies to a permitting 

process, and is not intended to be an excluding factor for the permitting of a source or to 

indicate that “de minimis” permitting levels will result in trivial environmental impacts. 

These amendments will modify ADEQ’s PSD permitting program to match EPA’s 

Tailoring Rule, so that existing facilities subject to the PSD permitting program will be 

required to include greenhouse gases in their permits if they increase their emissions of 

greenhouse gases by 75,000 tons of CO2e per year or more. The requirements also apply 
Arkansas State Implementation Plan Revision 

Introduction 

4 of 5 

to preconstruction permits for new facilities that emit at least 100,000 tpy of greenhouse 

gases (Reg.19.904); 

e) Addition of language to include the federal Biomass Deferral (Reg.19.904(G)(2)(b)); 

f) Renumbering for clarification (Reg.19.904(G)(2)); 

g) Revision of Appendix A, Group A, Insignificant Activity List, of Regulation Number 19, 

to clarify that activities emitting less than 75,000 tpy of carbon dioxide emissions could be 

considered insignificant. Without this revision, all emissions of CO2, even those lower

than Tailoring Rule permitting thresholds, would have been counted toward a facility’s 

insignificant activity emissions of 10 (ten) tpy of “any pollutant” as allowed for in the 

original language. These changes were necessary to avoid specified emissions of CO2

from triggering the need for permits at thresholds lower than the Tailoring Rule. 

Previously, the Appendix read so that any fuel burning equipment (design rate < 

10MMBtu/hr) emitting less than ten (10) tpy of any pollutant (including GHGs) and less 

than 5 tpy for any combination of Hazardous Air Pollutants (“HAPs”) qualified as an 

“insignificant activity;” and 

h) Revision of Appendix A, Group A, applied to “other activities” which do not require 

permitting to comply with federal or State law. Such activities were previously defined in 

the Regulation as emitting less than “5 tpy of any pollutant regulated under this regulation 

or less than 1 tpy of a single HAP or 2.5 tpy of any combination of HAPs.” An emissions 

limit of 5 tpy was too low when applied to CO2, which is now defined as an air pollutant. 

The revised language reads, “emissions are less than 75,000 tpy carbon dioxide, 1 tpy of a 

single HAP or 2.5 tpy of any combination of HAPs, or 5 tpy of any other air pollutant 

regulated under this regulation,” so that the exception was carried out as is intended by the 

regulation. These proposed changes intend for Arkansas’s regulations to be as stringent as 

federal law. To ensure that an “insignificant activity” is truly insignificant in theory and in 

practice, the introductory paragraph to Appendix A includes a statement that “Any activity 

for which a state or federal applicable requirement applies (such as NSPS, National 

Emission Standards for Hazardous Air Pollutants [NESHAP], or Maximum Achievable 

Control Technology [MACT]) is not insignificant, even if this activity meets the criteria 

below.” This statement pre-dates the GHG revisions and was not altered in this 

rulemaking. This statement means that if any federal applicable requirement, including 

PSD for GHG, is triggered as a result of a particular activity at a source, the emissions are 

subject to permitting and are not considered to be insignificant. 

Making these changes will maintain consistency between Federal air pollution control programs and 

the Commission’s regulations governing air pollution in Arkansas and, consequently, enabling 

ADEQ to seek EPA’s approval of the Arkansas’s SIP and to request the rescission of the Federal 

Implementation Plan (75 FR 82246, December 30, 2010) currently in place governing PSD 

permitting of greenhouse gas emissions in Arkansas. 

Regulation Number 26: Regulations of the Arkansas Operating Permit Program 
Arkansas State Implementation Plan Revision 

Introduction 

5 of 5 

The changes to Regulation Number 26 were filed in response to EPA’s Tailoring Rule (June 

3, 2010) and the Finding of Substantial Inadequacy and SIP Call issued by EPA on December 13, 

2010 (75 FR 77698). The Tailoring Rule requires that greenhouse gases be subject to regulation 

under the Clean Air Act. 

 The regulatory amendments related to the SIP involve the following: 

Revision of the “Duty to apply” section (26.401) to include the most recent revision to 40 

C.F.R. Part 70, i.e. June 3, 2010. 

These changes have been made in conjunction with changes to Regulation Number 9, 

Arkansas Air Pollution Control Code, and to Regulation Number 19, Regulations of the Arkansas 

Plan of Implementation for Air Pollution Control, to ensure consistency between the SIP and Title 

V program. 

The changes to Regulation Numbers 9, 19, and 26 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 Commission regulations. 

 Sources affected by this program revision are found throughout the state. 

 These revisions do not affect ADEQ’s ability to protect the National Ambient Air Quality 

Standards, Prevention of Significant Deterioration increments, Reasonable Further Progress 

demonstrations, or visibility goals. 

 No substantive revisions have been made to the emission limitations, work practice 

standards or recordkeeping/reporting requirements portions of this program. 

 Furthermore, the ADEQ’s existing compliance and enforcement strategies will remain in 

place. 
Tab C 

Evidence of State’s Adoption of the Revised Plan into Regulations 
GHG Tailoring Rule 
ARKANSAS POLLUTION CONTROL

AND ECOLOGY COMMISSION

lVIINUTE ORDER NO. 12 - ~3

SUBJECT Adoption of

Revisions to Regulation 9,

Fee Regulation

DOCKET NO. 11-007-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.9, Fee Regulation.

PROMULGATED THIS 22nd DAY OF JUNE, 2012, BY ORDER OF THE ARKANSAS

POLLUTION CONTROL AND ECOLOGY COMMISSION.

ATTEST:

BY:

~t·V2 I) t\.. /

11\.'I G'y~L . Teresa Marks, Director

------:1~- D. Samples __~-,:-- L. Sickel

(}fJd= J. Simpson

,I W. Thompson

~"""""""'B.White P R.Young

~M~ERSJ. Bates

__""'~L...:::!lo~ L. Bengal

________ J. Chamberlin (Chair)

J. Fox

__Inh--- D. Hendrix

L. Hitchcock

1J.;:5~S. Jorgensen (Vice Chair)

~~~ SUBMITTED BY: Mike Bates PASSED: 06/22/12

()~. Chamberlin, Chair
Transmittal Sheet * Use only for FINAL and EMERGENCY RULES

Secretary of State

Mark Martin

State Capitol, Suite 026

Little Rock, Arkansas 72201-1094

(501) 682-3527

www.sos.arkansas.gov

ARKANSAS REGISTER

ii~' ....-. ........ - "

For Office

Use Only:

Effective Date Code Number _

Name of Agency Arkansas Department of Environmental Quality

Department Arkansas Pollution Control & Ecology Commission

Con~ct Mike Bates E-mail bates@adeq.state.ar.Ph%ne (501) 682-0750

Statutory Authority for Promulgating Rules A. C. A. §8 -4 -2 01, § 8 -4 -202, §8 -4 - 304, & §8 -4 - 311

Rule Title: Reg. No.9, Permit Fee Regulations; Docket 11-007-R; MO 12-23

Adopted by State Agency 06/22/2012

Intended Effective Date

[Check One)

D Emergency (ACA 25-15-204)

D 30 Days After Filing (ACA 25-15-204)

D Other _ [Must be more than 30 days after filing date.)

Legal Notice Published

Final Date for Public Comment

Reviewed by Legislatice Council

Date

12/07/2012

01/31/2012

06/13/2012

Electronic Copy of Rule submitted under ACA 25-15-218 by:

Mike Bates bates@adeq.state.ar.us 06/29/2012

Contact Person E·mail Address Date

CERTIFICATION OF AUTHORIZED OFFICER

I Hereby Certify That The Attached Rules Were Adopted

In Compliance with Act 434 of 1967 the Arkansas Administrative Procedures Act. (ACA ~-15-201 et. ~.)

L I U'lU'l N

-jrn-" L / I ;J--- ("; ""', c::: 'ilA.t- i ~:ii;' Z

Signature I ~:,:':" N

;, \,0

(501) 682-7890 Charles.mOUlton@arkanSjsag:gov_~ Phone Number E-mail Address . ,( " ."

Administrativer Hearing Officer ~~,~_~:- Title II :>2::: .. (J);rn

06/29/2012 Date

, .,.."

,/)r-

''''I'''' rrl :::OC

a

Revised 8/2011 to reflect new legislation passed in 2011.
ARKANSAS POLLUTION CONTROL

AND ECOLOGY COMMISSION

MINUTE ORDER NO. 12 - a \

SUBJECT Adoption of

Revisions to Regulation 19,

Regulations of the Arkansas

Plan of Implementation for

Air Pollution Control

DOCKET NO. 1l-002-R

PAGE 1 OF 1

Pursuant to public notice and hearing, and in consideration

of comments received, the Arkansas Pollution Control and Ecology

Commission hereby adopts changes to Regulation No. 19, Regulations ofthe

Arkansas Plan ofImplementation for Air Pollution Control.

PROMULGATED THIS 22nd DAY OF JUNE, 2012, BY ORDER OF THE ARKANSAS

POLLUTION CONTROL AND ECOLOGY COMMISSION.

ATTEST:

BY:

~U/? /Jl/C· /c-- I f {.C,-/~

Teresa Marks, Director

-----If'-4o/lIIIl:.....,~---

CO~RS J. Bates

L.Bengal

________ J. Chamberlin (Chair)

---71'0;--.------ J. Fox

D. Hendrix -----."""'fi'I-+----

----:::=o__~~---L. Hitchcock

--,"~~==:4~~~S. Jorgensen (Vice Chair)

-------'~7<'---D. Samples

---r..-r----L. Sickel

-----1~'F~--. J. Simpson

_________- W. Thompson

---"""7"'k-----,;,o,LL:-- B. White --4-4..?/~--- R. Young

~~UBMITTEDBY: Mike Bates

. Chamberlin, Chair

PASSED: 06/22/12
Transmittal Sheet * Use only for FINAL and EMERGENCY RULES

Secretary of State

Mark Martin

State Capitol, Suite 026

Little Rock, Arkansas 72201-1094

(501) 682-3527

WWw.sos.arkansas.gov

ARKANSAS REGISTER

Jl'. "~.,,,,.,,,..--

~-~

For Office

Use Only:

Effective Date Code Number _

Name of Agency Arkansas Department of Environmental Quality

Department Arkansas Pollution Control & Ecology Commission

Conmct Mike Bates E-mail bates@adeq.state.ar.Ph%ne (501) 682-0750

Statutory Authority for Promulgating Rules A.C.A. §8-4-201, §8-4-202, and §8-4-311

Final Date for Public Comment

Reviewed by Legislatice Council

AR Plan of Implementation for Air

Minute Order No. 12-21

Date

RuleTitle: Reg No. 19, Regulations of the

Pollution Control; Docket No. 11-002-R;

Intended Effective Date

[Check One]

o Emergency (ACA 25-15-204)

o 30 Days After Filing (ACA 25-15-204)

o Other _

[Must be more than 30 days after filing date.]

Legal Notice Published

Adopted by State Agency

02/02/2011

04/11/2011

06/13/2012

06/22/2012

Electronic Copy of Rule submitted under ACA 25-15-218 by:

Mike Bates

Contact Person bates@adeq.state.ar.us E-mail Address

06/29/2012

Date

CERTIFICATION OF AUTHORIZED OFFICER

I Hereby Certify That The Attached Rules Were Adopted OJ

In Compliance with Act 434 of 1967 the Arkansas Administrative Procedure Act. (ACA 2s:15-201 et. s~ -, - U'l Cf:J N

/~ /. f ,~~~: ;:~ ! N

) \...0

(501) 682-7890 charles.moulton@arkansalsag~gov

A~:n:~u::e~rativer Hearing o;~n:i~::ess II 0~ TI~ ~~

06/29/2012 o. Date

C,?)

.)~

'j) r ;~~ rrJ

AJO

o

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Revised 8/2011 to reflect new legislation passed In 2011.
ARKANSAS POLLUTION CONTROL

AND ECOLOGY COMMISSION

MINUTE ORDER NO. 12 - ~~

SUBJECT Adoption of

Revisions to Regulation 26,

Regulations of the Arkansas

Operating Air Permit

Program

DOCKET NO. 11-003-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. 26, Regulations of the Arkansas Operating

Air Permit Program.

PROMULGATED THIS 22nd DAY OF JUNE, 2012, BY ORDER OF THE ARKANSAS

POLLUTION CONTROL AND ECOLOGY COMMISSION.

ATTEST:

BY:

~,U-4 ~\ Jll{L\.,L

Teresa Marks, Director

COMMISSIONERS

-----i(}'-F-~....".~---J. Bates

_ ......{/'-~_-'<:I---=- L. Bengal

________ J. Chamberlin (Chair)

--rf"'£-r-----J. Fox

-----'..........+r----r--,f---- D. Hendrix

-----,__-,...:.--==t'----"---- L. Hitchcock

-~~c;;4:lt4~~l--S. Jorgensen (Vice Chair)

______OZ-'-_D. Samples

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

------IJ~w-"''-. J. Simpson

_____----::~"'-- W. Thompson

-------,R4:..~"L./?":=-----_..... - B. White

_---<-f---'v R. Young

SUBMITTED BY: Mike Bates PASSED: 6/22/2012

. Chamberlin, Chair
Transmittal Sheet

* Use only for FINAL and EMERGENCY RULES

Secretary of State

Mark Martin

State Capitol, Suite 026

Little Rock, Arkansas 72201-1094

(501) 682-3527

www.sos.arkansas.gov

ARKANSAS REGISTER , - ... / -

For Office

Use Only:

Effective Date Code Number _

Name of Agency Arkansas Department of Environmental Quality

Department Arkansas Pollution Control & Ecology Commission

Con~ct Mike Bates E-mail bates@adeq.state.ar.Ph%ne (501) 682-0750

Statutory Authority for Promulgating Rules A. C.A. § 8 -4 -2 01, § 8 - 4 -202, and § 8 - 4 - 311

Rule Title: Reg No. 26, Regulations of the Arkansas Operating Air Permit

Program; Docket No. 11-003-R; Minute Order No. 12-22

Intended Effective Date Date

(Check One)

o Emergency (ACA 25-15-204)

o 30 Days After Filing (ACA 25-15-204)

DOther -,,--,--:-_--:-----::--:-----:-__-,,--_ [Must be more than 30 days after nIing date.}

Legal Notice Published

Final Date for Public Comment

Reviewed by Legislatice Council

Adopted by State Agency

02/02/2011

04/11/2011

06/13/2012

06/22/2012

Electronic Copy of Rule submitted under ACA 25-15-218 by:

Mike Bates

Contacl Person

bates@adeq.state.ar.us

E-mail Address

06/29/2012

Dale

CERTIFICATION OF AUTHORIZED OFFICER

[ Hereby Certify That The Attached Rules Were Adopted

In Compliance with Act 434 of 1967 the Arkansas Administrative Procedures Act. (ACA 251 15-Wet. se€N

/) / \ ~~-;" (- r ( ~~t~"~ ~2 SlgIlalure • I ',,: S; , (501) 682-7890 charles .moulton@arkansa~ag..gov

Phone Number E-mail Address I ::~ If

Administrativer Hearing Officer I :;;~:

o6/~l; /2 012 II (f;P1

Dale

,'.i1

~Jt.;~ "0.- -j'I1 rll ....... ;;,Q '-J1

o

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Revised 8/2011 to renect new legislation passed tn 2011.
Biomass Deferral Rule 
ARKANSAS POLLUTION CONTROL

AND ECOLOGY COMMISSION

MINUTE ORDER NO. 12 - 4\0

SUBJECT Adoption of

Revisions to Regulation 19,

Re2u]ations of the Arkansas

Plan of Implementation for

Air Pollution Control

DOCKET NO. 12-00S-R

PAGE 1 OF]

Pursuant to public notice and hearing, and in consideration of comments received,

the Arkansas Pollution Control and Ecology Commission hereby adopts changes to

Regulation No. 19, Regulations ofthe Arkansas Plan ofImplementation for Air

Pollution Control.

PROMULGATED THIS 26th DAY OF OCTOBER, 2012, BY ORDER OF THE

ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION.

ATTEST:

BY:

~d~~(~ Teresa Marks, Director

COMMISSIONERS

__-..--==~__J. Bates

)j:1'- L. Bengal

c.... J. Chamberlin

:f J. Fox

__Jf\ )"" D. Hendrix

\" L. Hitchcock -------

_______ S. Jorgensen (Chair)

------...,f-7I:::..-- D. Samples

-----::--=-t....,.e;=--- L. Sickel (Vice Chair)

_--;~ 1. Simpson

_______ W. Thompson

"1 / B. White ILZ R. Young

S.Jorg~ SUBMIITED BY: Mike Bales PASSED: 10/2612012

EXHIBIT E
ARKANSAS REGISTER

Transmittal Sheet * Use only for FINAL and EMERGENCY RULES

Secretary of State

Mark Martin

State Capitol, Suite 026

Little Rock, Arkansas 72201-1094

(501) 682-3527

www.sos.arkansas.gov

For Office

Use Only:

Effective Date Code Number _

Name ofAgency Arkansas Pollution Control & Ecology Commission

Department Arkansas Department of Environmental Quality

bates@adeq.state.ar.us

Contact Mike Bates E-mail Phone (501) 682-0730

Statutory Authority for Promulgating Rules _A_._C_._A_._§_8_-_4_-_2_0_2 _

Regulation No. 19, Regulations of the Arkansas Plan of Implementation

Rule Title: -f~o-r--==-A..... i-r----.P"....o~li"""'l....u---;-t..,..i-o-n---::C::-o-n--:t,....r-o-....-l-i---=D,....o-c,.k-e--:t--;N""o-.---:;"1-=2:----.0.-:0"....6::=--"-R=-;"""""="'M:-::O"""""#T":1:-:2"""--47"";;s--

Intended Effective Date Date

(Check One)

o Emergency (ACA 25-15-204)

o 30 Days After Filing (ACA 25-15-204)

o Other _

(Must be more than 30 days after filing date.)

Legal Notice Published

Final Date for Public Comment

Reviewed by Legislatice Council

Adopted by State Agency

08/01/12

08/15/12

08/17/12

10/26/12

Electronic Copy of Rule submitted under ACA 25-15-218 by:

Contact Person [-mail Address

co

-<

I Date

I

c~o

CERTIFICATION OF AUTHORIZED OFFICER

I Hereby Certify That The Attached Rules Were Adopted I

In Compliance with Act 434 of1967 the Arkansas Administrative Procedures Ac (ACA 25-15-201 et. seelJ:::

\ -. A 1\ .;j: ,.:::~

'?- , t~;" Signature \

(501) 682-7890 charles.moulton@arkans.sag.org

Phone Number £-mall Address

Administrative Hearing Officer

Title

November 8, 2012

Date

Revised 8/Z011to ,enect new legislation passed III ZOll.
ARKANSAS POLLUTION CONTROL

AND ECOLOGY COMMISSION

MINUTE ORDER NO. 12 - 1.11-

SUBJECT Adoption of

Revisions to Regulation 26,

Regulations of the Arkansas

Operating Air Permit

Program

DOCKET NO. 12-006-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. 26, Regulations of the Arkansas Operating Air Permit Program.

PROMULGATED THIS 26th DAY OF OCTOBER, 2012, BY ORDER OF THE

ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION.

ATTEST: ~tL-tU~ Teresa Marks, Director

BY:

COMMISSIONERS

---,'Z~~---J. Bates 5 -=--- L. Bengal

e.- 1. Chamberlin

__'-J~-:l J. Fox --'_ ....a. D. Hendrix

L. Hitchcock ---~----

________ S. Jorgensen (Chair)

D.Samples -:z:s L. Sickel (Vice Chair)

__ J. Simpson

__----',--- 7""'--/W. Thompson

4 Z B. White 47 R.Young

SUBMITTED BY: Mike Bates PASSED: 10/26/2012

EXHIBIT E ------~------------_.
ARKANSAS REGISTER

Transmittal Sheet

* Use only for FINAL and EMERGENCY RULES

Secretary of State

Mark Martin

State Capitol, Suite 026

Little Rock, Arkansas 72201-1094

(501) 682-3527

www.sos.arkansas.gov

For Office

Use Only:

Effective Date Code Number _

Name ofAgency Arkansas Pollution Control & Ecology Commission

Department Arkansas Department of Environmental Quality

bates@adeq.state.ar.us

Contact Mike Bates E-mail Phone (501) 682-0730

Statutory Authority for Promulgating Rules _A_"_C_._A_,_§_8_-_4_-_2_0_2 _

of the Arkansas Operating

Minute Order No. 12-47

Date

Final Date for Public Comment

Reviewed by Legislatice Council

Rule Title: Regulation No. 26, Regulations

Air Permit Program; Docket No. 12-006-R;

Intended Effective Date

(Check One)

o Emergency (ACA 25-15-204)

o 30 Days After Filing (ACA 25-15-204)

o Other .".--:-_----:-_.,.....,------:----:..,.--_....,.-

(Must be more than 30 days after filing date.)

Legal Notice Published

Adopted by State Agency

08/01/12

08/15/12

08/17/12

10/26/12

CD

-<

,

i

E-mail Address

E-mail Address

(501) 682-7890

Phone Number

i~' ~~,' .-,. --p :- Date

-~;:~_ ,- 0 ."

CERTIFICATION OF AUTHORIZED OFFICE~ ":::: r: Yi

I Hereby Certify That The Attached Rules Were Adopted .. ... OJ :::.::==

In Compliance with Act 434 of 1967 the Arkansas Administrative Procedures Act. (ACA ~5- rS~201 et. ~,),~ f-rJ

Signature 1..,- lEt:;::; ~o charles.moulton@arkJnsaSag.org .'

Contact Person

Electronic Copy of Rule submitted under ACA 25-15-218 by:

Administrative Hearing Officer

Title

November 8, 2012 Date

Revised 8/2011 to renect new legislation passed In 2011.
Tab D 

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

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

can be found in Arkansas Code Annotated (A.C.A.) § 8-1-203(b)(1).
Arkansas Code Annotated § 8-1-203 

8-1-203. Powers and responsibilities of the Arkansas Pollution Control and Ecology 

Commission.

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

open meetings to discuss and rule upon matters of environmental concern. 

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

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

Arkansas Department of Environmental Quality for administration. 

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

review of any rule, regulation, or change to any rule or regulation that is more stringent than the 

federal requirements, the commission shall duly consider the economic impact and the environmental 

benefit of such rule or regulation on the people of the State of Arkansas, including those entities that 

will be subject to the regulation. 

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

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

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

the commission's rulemaking required under subdivision (b)(1)(C) of this section. It will include a 

written report which shall be available for public review along with the proposed rule in the public 

comment period. 

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

record or response to comments demonstrating a reasoned evaluation of the relative impact and 

benefits of the more stringent regulation; 

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

the commission deems necessary to secure public participation in environmental decision-making 

processes; 

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

contesting department actions; 

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

decision rendered by the Director of the Arkansas Department of Environmental Quality or his or her 

delegatee; 

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

any such action initiated by the director; 
(6) Instruct the director to prepare such reports or perform such studies as will advance the cause of 

environmental protection in the state; 

(7) Make recommendations to the director regarding overall policy and administration of the 

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

and 

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

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

section, the commission may appoint one (1) or more administrative hearing officers. The 

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

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

administrative enforcement or emergency actions initiated by the director, the administrative hearing 

officer shall administer the hearing in accordance with procedures adopted by the commission and, 

after due deliberation, submit his or her recommended decision to the commission. 

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

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

(ii) Commission review shall be de novo. However, no additional evidence need be received unless 

the commission so decides in accordance with established administrative procedures. 

(B) The commission may afford the opportunity for oral argument to all parties of the adjudicatory 

hearing. 

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

and remand to the director. 

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

purposes of appeal. 

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

(d) The chair of the Arkansas Pollution Control and Ecology Commission may appoint one (1) or 

more committees composed of commission members to act in an advisory capacity to the full 

commission. 

HISTORY: Acts 1991, No. 1230, § 1; 1993, No. 163, § 7; 1993, No. 165, § 7; 1993, No. 1264, § 2; 

1995, No. 117, § 1.
Tab E 

Regulations with Changes Indicated 
VISUAL KEY TO REGULATION REVISION MARK-UP

Single Underline Red = originally proposed new language 

Single Strikethrough Red = originally proposed deletion of language

Double Underline Red = proposed addition of language after Public Comment

Double Strikethrough Red = proposed language withdrawn after Public Comment

Examples of Combined Revision Mark-ups: 

Originally proposed new language, this part withdrawn after Public 

Comment. 

Originally proposed deletion of language, this part added or retained after 

Public Comment.
GHG Tailoring Rule 
Pollution Control and Ecology Commission #014.00-009 

 

ARKANSAS POLLUTION CONTROL 

AND ECOLOGY COMMISSION 

Regulation No. 9 

 

 

Fee Regulation 

Final Draft 
i 

REGULATION NO. 9 

FEE REGULATION 

TABLE OF CONTENTS 

CHAPTER 1: TITLE .................................................................................................................. 1-1

Reg.9.101 Title ...................................................................................................... 1-1

Reg.9.102 Purpose ................................................................................................. 1-1

Reg.9.103 Applicability ......................................................................................... 1-1

Reg.9.104 Severability ........................................................................................... 1-1

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

CHAPTER 3: PERMIT FEE PAYMENT .................................................................................. 3-1

Reg.9.301 Permit Fee Payment ............................................................................. 3-1

Reg.9.302 Refunds ................................................................................................. 3-2

CHAPTER 4: WATER PERMIT FEES ..................................................................................... 4-1

Reg.9.401 Maximum Water Permit Fees .............................................................. 4-1

Reg.9.402 General Provisions ............................................................................... 4-1

Reg.9.403 Fees for Permits Issued Under the National Pollutant Discharge 

Elimination System (NPDES) Permits. ................................................ 4-2

Reg.9.404 General Permits .................................................................................... 4-5

Reg.9.405 Fees for Non-NPDES Permits. ............................................................. 4-5

Reg.9.406 Fees for Underground Injection Control (UIC) Permits (Injection 

well classifications are defined in 40 CFR 144.6.) .............................. 4-6

Reg.9.407 Administrative Permit Amendments .................................................... 4-7

CHAPTER 5: AIR PERMIT FEES ............................................................................................ 5-1

Reg.9.501 Applicability ......................................................................................... 5-1

Reg.9.502 Terms Used in Fee Formulas ............................................................... 5-1

Reg.9.503 Initial Fees ............................................................................................ 5-1

Reg.9.504 Annual Fees .......................................................................................... 5-2

Reg.9.505 Modification Fees ................................................................................. 5-2

Reg.9.506 Administrative Permit Amendments and Renewal Permits ................. 5-3

Reg.9.507 General Permits .................................................................................... 5-3

Reg.9.508 Permit Fees for Certain Small Businesses Subject to Part 70 

Permitting Requirements ...................................................................... 5-3

CHAPTER 6: SOLID WASTE PERMIT FEES ......................................................................... 6-1

Reg.9.601 Maximum Amount of Solid Waste Permit Fee Collections ................. 6-1

Reg.9.602 Fee Categories ...................................................................................... 6-1

Reg.9.603 Initial Fees ............................................................................................ 6-1

Reg.9.604 Annual Fees .......................................................................................... 6-2

Reg.9.605 Modification Fees ................................................................................. 6-2

Reg.9.606 Permit Transfer Fees ............................................................................ 6-2

Reg.9.607 Post Closure Fees ................................................................................. 6-2

Reg.9.608 Administrative Permit Amendments .................................................... 6-2

Reg.9.609 General Permits .................................................................................... 6-3

CHAPTER 7: VARIANCES OR INTERIM AUTHORITY REQUESTS................................. 7-1

Reg.9.701 Processing Fee ...................................................................................... 7-1

Reg.9.702 Fees Non-Refundable ........................................................................... 7-1
ii 

CHAPTER 8: LABORATORY CERTIFICATION FEE PROGRAM ...................................... 8-1

Reg.9.801 Laboratory Certification Fees .............................................................. 8-1

Reg.9.802 Laboratory Certification Travel Fees ................................................... 8-1

Reg.9.803 Failure to pay Laboratory Certification Fees ....................................... 8-1

CHAPTER 9: ADMINISTRATIVE PROCEDURES ................................................................ 9-1

Reg.9.901 Department Review of Fees ................................................................. 9-1

Reg.9.902 Appeals ................................................................................................. 9-1

Reg.9.903 Effective Date ....................................................................................... 9-1
5-1

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. 

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.9.8901 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. 

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 

(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. 

(24) Permits issued to part 70 sources which do not hold an active air permit: 
5-2

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. 

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 

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. 
5-3

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. 

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: 

 (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. 
5-4
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 

FINAL DRAFT
i 

TABLE OF CONTENTS

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

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

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

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

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

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

CHAPTER 3: PROTECTION OF THE NATIONAL AMBIENT AIR QUALITY 

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

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

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

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

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

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

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

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

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

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

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

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

Reg. 19.407 Permit Amendments ................................................................................... 4-6

Reg. 19.408 Exemption from Permitting ...................................................................... 4-10

Reg. 19.409 Transition .................................................................................................. 4-10

Reg. 19.410 Permit Revocation and Cancellation ........................................................ 4-10

Reg. 19.411 General Permits ........................................................................................ 4-11

Reg. 19.412 Dispersion Modeling ................................................................................ 4-12

Reg. 19.413 Confidentiality .......................................................................................... 4-12

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

Scenarios ............................................................................................ 4-14

Reg. 19.415 Changes Resulting in No Emissions Increases ......................................... 4-14

Reg. 19.416 Permit Flexibility ...................................................................................... 4-15

Reg. 19.417 Registration............................................................................................... 4-17
ii

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

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

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

Reg. 19.503 Visible Emission Regulations..................................................................... 5-1

Reg. 19.504 Stack Height/Dispersion Regulations ......................................................... 5-2

Reg. 19.505 Revised Emissions Limitation .................................................................... 5-2

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

Reg. 19.601 Upset Conditions ........................................................................................ 6-1

Reg. 19.602 Emergency Conditions ............................................................................... 6-2

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER 10: REGULATIONS FOR THE CONTROL OF VOLATILE ORGANIC 

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

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

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

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

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

Reg. 19.1005 Provisions for Specific Processes ......................................................... 10-12

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

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

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

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 ............................................................................................. 13-4

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 ....................................................................... 13-6

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

Reg. 19.1310 Owner/Operator Responsibility .............................................................. 13-7

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

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

CHAPTER 14: CAIR NOX OZONE SEASON TRADING PROGRAM GENERAL 

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

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

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

Reg. 19.1403 Timing Requirements for CAIR NOx Ozone Season Allowance 

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

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

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

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

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

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

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

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

Reg. 19.1506 Compliance Provisions ........................................................................... 15-6

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

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

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

APPENDIX A: INSIGNIFICANT ACTIVITIES LIST .................................................................1
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CHAPTER 2: DEFINITIONS 

Terms and phrases used in this regulation which are not explicitly defined herein shall have the 

same meaning as those terms which are used in the federal Clean Air Act. For purposes of this 

regulation: 

“12-month period” means a period of 12 consecutive months determined on a rolling basis with 

a new 12-month period beginning on the first day of each calendar month. 

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

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

or amount of material processed. 

“CO2 equivalent emissions” (CO2e) shall represent an amount of GHGs emitted, and shall be 

computed by multiplying the mass amount of emissions in tons per year (tpy), for each of the six 

greenhouse gases in the pollutant GHGs, by the gas’s associated global warming potential 

published at Table A - 1 to subpart A of 40 CFR part 98 - Global Warming Potentials (which is 

incorporated by reference as finalized by EPA as of October 30, 2009), and summing the 

resultant value for each to compute a tpy CO2 equivalent emissions. For purposes of this 

definition, prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not 

include carbon dioxide emissions resulting from the combustion or decomposition of nonfossilized and biodegradable organic material originating from plants, animals, or microorganisms (including products, by-products, residues and waste from agriculture, forestry and 

related industries as well as the non-fossilized and biodegradable organic fractions of industrial 

and municipal wastes, including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material).

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

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

40 CFR 51.165, and 40 CFR 52.21. 

“Control apparatus” means any device which prevents, controls, detects or records the 
2-2

emission of any federally regulated air pollutants. 

“Department” means the Arkansas Department of Environmental Quality, or its successor. 

When reference is made in this regulation to actions taken by or with reference to the 

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

“Director” means the Director of the Arkansas Department of Environmental Quality, or its 

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

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

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

limits the emissions of federally regulated air pollutants on a continuous basis, including any 

requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or 

prescribe operation or maintenance procedures for a source to assure continuous emission 

reduction. 

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

has the potential to emit any federally regulated air pollutant. 

“EPA” means the United States Environmental Protection Agency. 

“Equipment” means any device, except equipment used for any mode of vehicular 

transportation, capable of causing the emission of a federally regulated air pollutant into the open 

air, and any stack, conduit, flue, duct, vent, or similar device connected or attached to or serving 

the equipment. 

“Federal Clean Air Act” or “Clean Air Act” or “FCAA” or “the Act” means the federal 

Clean Air Act, as amended, 42 U.S.C. 7401, et seq. and its implementing regulations as of the 

effective date of this regulation. 

“Federally regulated air pollutant” means the following: 

(A) Nitrogen oxides or any volatile organic compounds; 
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 (B) Any pollutant for which a National Ambient Air Quality Standard has been 

 promulgated; 

(C) Except as provided in (E), aAny pollutant that is subject to any standard 

promulgated under 42 U.S.C. §§ 7401, et seq., as of the effective date of this 

regulation; 

(D) Any Class I or II substance subject to a standard promulgated under or established 

by Title VI of the Clean Air Act, 42 U.S.C.§§ 7401, et seq. as amended as of July 

1,1997.

(E) GHGs, except that GHGs shall not be a Federally Regulated Air Pollutant unless 

the GHG emissions are: 

(1) from a stationary source emitting or having the potential to emit 75,000 

tpy CO2e emissions or more; and 

(2) regulated under Chapter 9 of this Regulation 19. 

“Fugitive emissions” means those emissions which could not reasonably pass through a stack, 

chimney, vent, or other functionally equivalent opening. Those emissions are those that, 

according to customary and good engineering practice, considering technological and economic 

feasibility, could not pass through a stack, chimney, vent or other functionally-equivalent 

opening, except that the Department will utilize the definition of fugitive emissions for those 

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

are meeting that law or regulation. 

“Greenhouse gases” (GHGs) is defined as means the aggregate group of six greenhouse gases: 

carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur 

hexafluoride, and shall be measured as CO2e.

“Hazardous Air Pollutant” or “HAP” means any air pollutant listed pursuant to § 112 of the 

Clean Air Act, as amended, 42 U.S.C. §§ 7401, et seq., as of the effective date of this regulation. 

“Modification” means any physical change in, or change in the method of operation of, a 

stationary source which increases the emission rate of any federally regulated air pollutant over 
2-4

permitted rates or which results in the emission of a federally regulated air pollutant not 

previously emitted, except that: 

 (A) Routine maintenance, repair, and replacement shall not be considered a physical 

 change, and 

 (B) The following shall not be considered a change in the method of operation: 

 (1) Any change in the production rate, if such change does not exceed the 

 permitted operating capacity of the source; 

 (2) Any change in the hours of operation, as long as it does not violate 

 applicable air permit conditions; or 

 (3) The use of an alternate fuel or raw material, as long as it does not violate 

 applicable air permit conditions. 

(C) De Minimis changes, as defined in Reg. 19.407(C), and changes in ownership 

shall not be considered. 

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

standards promulgated by the EPA in 40 CFR Part 50. 

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

the view of an object in the background. 

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

affected by these regulations. 

“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, 
2-5

emitted to the ambient air as measured by applicable reference methods, or an equivalent or 

alternate method, specified in 40 CFR Part 60 Appendix A or by a test method specified in these 

regulations or any supplement thereto. 

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

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

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

two and one-half (2.5) micrometers. 

“PM10” means particulate matter with an aerodynamic diameter less than or equal to a nominal 

10 micrometers as measured by a reference method based on Appendix J of 40 CFR Part 50, or 

by an equivalent method designated in accordance with 40 CFR Part 53 as of December 8, 1984. 

“PM10 emissions” means PM10 emitted to the ambient air as measured by an applicable 

reference method, or an equivalent or alternate method, specified in 40 CFR Part 51, Appendix 

M as of December 8, 1984, or by a test method specified in these regulations or any supplement 

thereto. 

“Potential to emit” means the maximum capacity of a stationary source to emit a federally 

regulated air pollutant under its physical and operational design. Any physical or operational 

limitation on the capacity of the source to emit a federally regulated air pollutant, including, but 

not, limited to, air pollution control equipment and restrictions on hours of operation or on the 

type or amount of material combusted, stored, or processed, shall be treated as part of its design 

only if the limitation or the effect it would have on emissions is enforceable to the extent it is 

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

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

“Responsible official” means one of the following: 

 (A) For a corporation: a president, secretary, treasurer, or vice president of the 

 corporation in charge of a principal business function, or any other person who 

 performs similar policy or decision-making functions for the corporation, or a 
2-6

 duly authorized representative or such person if the representative is responsible 

 for the overall operation of one or more manufacturing, production, or operating 

 facilities applying for or subject to a permit and either: 

(1) The facilities employ more than 250 persons or have gross annual sales or 

expenditures exceeding $25 million (in second quarter 1980 United States 

dollars); or 

 (2) The delegation of authority to such representative is approved in advance 

 by the Department; 

(B) For partnership or sole proprietorship: a general partner or the proprietor, 

 respectively; 

(C) For a municipality, State, Federal, or other public agency: either a principal 

 executive officer or ranking elected official. For the purposes of this regulation, a 

 principal executive officer of a federal agency includes the chief executive officer 

 having responsibility for the overall operations of a principal geographic unit of 

 the agency (e.g., a Regional Administrator of EPA); or 

 (D) For acid rain sources: 

 (1) The designated representative insofar as actions, standards, requirements, 

 or prohibitions under Title IV of the Act or the regulations promulgated 

 thereunder are concerned; and 

 (2) The designated representative for any other purposes under Part 70. 

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

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

“Shutdown” means the cessation of operation of equipment. 

“Startup” means the setting in operation of equipment. 

“Stationary source” means any building, structure, facility, or installation which emits or may 
2-7

emit any federally regulated air pollutant. 

“Title I modification” means any modification as defined under any regulation promulgated 

pursuant to Title I of the federal Clean Air Act. De minimis changes under Regulation 19, 

changes to state only permit requirements, administrative permit amendments, and changes to the 

insignificant activities list are not Title I modifications. 

“Volatile organic compounds” or “VOC” means any compound of carbon, excluding carbon 

monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium 

carbonate, which participates in atmospheric photochemical reactions. 

(A) This includes any such organic compound other than the following, which have 

been determined to have negligible photochemical reactivity: 

acetone; 

methane; 

ethane; 

methylene chloride (dichloromethane); 

1,1,1- trichloroethane (methyl chloroform); 

tetrachloroethylene (perchloroethylene); 

1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); 

trichlorofluoromethane (CFC-11); 

dichlorodifluoromethane (CFC-12); 

chlorodifluoromethane (HCFC-22); 

trifluoromethane (HFC-23); 

1,2-dichloro 1,1, 2, 2-tetrafluoroethane (CFC-114); 

chloropentafluoroethane (CFC-115); 

1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); 

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

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

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

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

pentaflurorethane (HFC-125); 

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

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

1,1-difluoroethane (HFC-152a); 

parachlorobenzotrifluoride (PCBTF); 

cyclic, branched, or linear completely methylated siloxanes; 

3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); 

1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb); 

1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee); 
2-8

difluoromethane (HFC-32); 

ethylfluoride (HFC-161); 

1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 

1,1,2,2,3-pentafluoropropane (HFC-245ca); 

1,1,2,3,3-pentafluoropropane (HFC 245ea); 

1,1,1,2,3-pentafluoropropane (HFC-245eb); 

1,1,1,3,3-pentafluoropropane (HFC-245fa); 

1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 

1,1,1,3,3-pentafluorobutane (HFC-365mfc); 

chlorofluoromethane (HCFC-31); 

1 chloro-1-fluoroethane (HCFC-151a); 

1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a); 

1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or HFE-7100);

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

 ((CF3)2CFCF2OCH3);

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

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

((CF3)2CFCF2OC2H5);

methyl acetate; 

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

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

 (HFE-7500) 

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

methyl formate (HCOOCH3) 

1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300); 

and perfluorocarbon compounds which fall into these classes: 

 (1) cyclic, branched, or linear, completely fluorinated alkanes; 

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

 unsaturations; 

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

 unsaturations; and 

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

 bonds only to carbon and fluorine. 

(B) For purposes of determining compliance with emission limits, VOC will be 

measured by the test methods in the approved State Implementation Plan (SIP) or 

40 CFR Part 60, Appendix A, as of July 1, 1997, as applicable. Where such a 
2-9

method also measures compounds with negligible photochemical reactivity, these 

negligibly-reactive compounds may be excluded as VOC if the amount of such 

compounds is accurately quantified, and such exclusion is approved by the 

Department. 

(C) As a precondition to excluding these compounds as VOC or at any time 

 thereafter, the Department may require an owner or operator to provide 

 monitoring or testing results demonstrating, to the satisfaction of the Department, 

 the amount of negligibly-reactive compounds in the source’s emissions. 

(D) The following compound(s) are VOC for purposes of all recordkeeping, 

emissions reporting, photochemical dispersion modeling and inventory 

requirements which apply to VOC and shall be uniquely identified in emission 

reports, but are not VOC for purposes of VOC emissions limitations or VOC 

content requirements: t-butyl acetate. 
4-1

CHAPTER 4: MINOR SOURCE REVIEW 

Reg. 19.401 General Applicability 

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

source, whose actual emissions are: 

75 tons per year or more of carbon monoxide; 

40 tons per year or more of nitrogen oxides; 

40 tons per year or more of sulfur dioxide; 

40 tons per year or more of volatile organic compounds; 

15 tons per year or more of PM10; 

0.5 tons per year or more of lead; 

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

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

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

Reg. 19.402 Approval Criteria 

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

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

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

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

quality standard. 

Reg. 19.403 Owner/Operator's Responsibilities 

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

to comply with applicable portions of this regulation. 
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 information on the location, design, and operation of stationary source as the 

 Department may reasonably require. 

(B) Duty to Supplement Submittal 

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

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

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

deadline for a response. 

(C) Duty to Correct Submittal 

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

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

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

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

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

Reg. 19.405 Action on Application 

(A) Technical Review 

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

their reasonable satisfaction that: 
4-3

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

 interfering with attainment or maintenance of a national ambient air quality 

 standard; 

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

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

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

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

 in a violation of any applicable provisions of this regulation; 

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

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

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

 that the calculations are translated into enforceable limits on operational 

 parameters rather than emissions. 

(B) Proposed Action 

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

met, they shall prepare a draft permit which: 

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

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

federally regulated air pollutant emitting equipment at the stationary 

source except pollutants or equipment specifically exempt or as 

specifically provided for in paragraph (c) below; and 

(c) establishes Best Available Control Technology (BACT) permitted 

emission rates, emission limitations or other enforceable conditions for 

GHG emissions pursuant to Chapter 9 of this Regulation, if applicable. 

Draft permits for facilities not subject to a BACT determination in regard 

to GHG emissions pursuant to the provisions at Chapter 9 of this 

Regulation shall not contain permitted emission rates, emission limitations 

or other enforceable conditions related to GHG emissions. However, the 
4-4

applicant may request that the Department include permitted emission 

rates, emission limitations or other enforceable conditions related to GHG 

emissions in the draft permit in order to set enforceable limits for the 

purpose of establishing synthetic minor status. In the event any provision 

of Regulation 19 is found to be in conflict with this Section 19.405(B)(1), 

this Section shall take precedence.

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

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

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

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

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

19.406.

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

 application for a major modification which contains such information as required 

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

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

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

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

 petition the Commission for relief from Department inaction. The Commission 

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

(C) Final Action 

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

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

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

its final action. 

Reg. 19.406 Public Participation 

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

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

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

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

(B) Public Availability of Information 

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

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

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

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

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

 decision; 

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

 latest newspaper notice, ending on the date 30 days later); 

 (3) A publication in a newspaper of general circulation in the area where the source is 

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

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

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

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

 comment; 

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

 owner/operator and to the: 

 (a) Regional Administrator of the United States Environmental Protection 

 Agency; 

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

 constructed or modified; 

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

 constructed or modified; and 
4-6

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

 construction or modification of the source will impact air quality in 

 adjoining states. 

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

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

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

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

Reg. 19.407 Permit Amendments 

(A) Administrative Permit Amendments 

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

 (a) corrects a typographical error; 

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

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

 in the source; 

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

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

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

 emission units; or 

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

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

 incorporate such revisions without providing notice to the public. 

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

 administrative amendment immediately upon approval. 

(B) Change in Ownership 

 (1) Permits issued under this regulation shall remain freely transferable provided: 
4-7

 (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, Administrative Procedures, or other such documents as required by the 

Department. 

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

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

 statement and other investigation which he or she deems appropriate, that: 

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

or regulations of this state or any other jurisdiction; 

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

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

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

state; or 

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

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

applicant to the extent of being capable of significantly influencing the 

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

the environment. 

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

name. 

(C) De Minimis Changes 

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

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

 change; and 

 (b) the change will result in a trivial environmental impact. 
4-8

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

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

 account any corresponding emission reductions, will: 

 (a) be less than the following amounts: 

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

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

volatile organic compounds; 

(iii) Twenty-five (25) tons per year of particulate matter emissions; 

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

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

(vi) Seventy-five thousand (75,000) tons per year of CO2e; 

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

Pollutant De Minimis

Concentration

Averaging Time

carbon monoxide 500 μg/m38-hour

nitrogen dioxide 10 μg/m3annual

PM10 8 μg/m324-hour

sulfur dioxide 18 μg/m324-hour

lead 0.1 μg/m33-month

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

change will be considered De Minimis if the increases are less than 75,000 tpy of 

CO2e and other pollutant emission increases otherwise qualify as De Minimis 
4-9

under this section. 

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

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

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

 source; 

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

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

limitation established pursuant to Best Available Control Technology 

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

amended as of February 15, 1999; 

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

 regulation; 

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

 to avoid an applicable requirement to which the source would otherwise 

 be subject; 

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

 reporting, or recordkeeping requirements; or 

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

 determine eligibility. 

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

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

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

 processed as a permit modification with public notice and reconstruction 

 requirements. Deliberate misrepresentation may be grounds for permit 

 revocation. 

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

 the Department. 
4-10

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

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

 applicant may implement De Minimis changes immediately upon approval by the 

 Department. 

Reg. 19.408 Exemption from Permitting 

(A) Insignificant Activities 

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

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

(B) Grandfathering 

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

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

Reg. 19.409 Transition 

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

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

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

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

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

Reg. 19.410 Permit Revocation and Cancellation 

(A) Revocation 

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

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

 (1) Violation of any condition of the permit; 

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

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

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

 reduction or elimination of the permitted emission. 

(B) Cancellation 

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

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

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

Reg. 19.411 General Permits 

(A) General Authority 

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

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

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

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

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

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

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

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

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

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

terms of the general permit. 

(B) Application 

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

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

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

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

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

 existing permit is filed with the Department, the Department shall cause notice of 
4-12

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

 in which the proposed facility is to be located. 

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

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

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

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

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

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

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

Reg. 19.412 Dispersion Modeling 

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

requirements of this chapter. 

(A) General 

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

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

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

(B) Substitution 

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

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

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

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

must be obtained for any modification or substitution. 

Reg. 19.413 Confidentiality 

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

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

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

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

production that: 

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

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

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

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

 secrecy. 

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

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

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

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

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

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

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

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

 secret.” 

If an applicant anticipates numerous permit modifications that may involve regulatory 

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

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

claims. 

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

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

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

publication of any draft permit. In the event the Department does not make such 

determination prior to permit issuance, the information shall be deemed confidential 

until a request is made. If a third party request to review information claimed as 

confidential is received before the Department provides its written determination 

concerning the claim, the Department shall not release such information before 
4-14

notifying the applicant of the request. The Department shall notify the applicant of 

the request and the Department’s determination on the confidentiality claim at least 

two business days before releasing the information, at which time the applicant may 

choose to supplement its affidavit supporting confidentiality or seek legal recourse. 

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

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

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

The Department will not accept applications that are deemed totally confidential 

except under extraordinary circumstances guaranteeing future disclosure at a 

meaningful time for public review. 

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

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

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

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

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

scenarios in the permit. 

Reg. 19.415 Changes Resulting in No Emissions Increases 

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

permit revision if the changes: 

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

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

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

(C) Do not violate applicable requirements; and 

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

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

certification requirements; 
4-15

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

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

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

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

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

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

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

Reg. 19.416 Permit Flexibility 

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

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

receives written approval from the Department. The Department may grant such a 

request, at its discretion, in the following circumstances: 

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

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

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

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

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

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

cannot be met. 

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

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

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

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

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

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

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

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

facility’s permit; 
4-16

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

(3) Such a request is temporary in nature; 

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

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

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

date and time such emission will occur; 

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

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

HAPs; and

(7) The permittee 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: 

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

days in advance of the first date that the monitoring alternative will be used at the 

facility; 

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

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

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

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

permit modification application by the permittee of the facility. 
4-17

Reg. 19.417 Registration 

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

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

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

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

request their Regulation 19 permit to be terminated. The Regulation 19 permit shall 

remain in effect until terminated. If a source takes no action, the Regulation 19 

permit shall remain in effect. 

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

operate under a permit issued in accordance with Reg. 19.402. 
9-1

CHAPTER 9: PREVENTION OF SIGNIFICANT DETERIORATION 

Reg. 19.901 Title 

The following rules and regulations of the Arkansas Pollution Control and Ecology Commission, 

adopted in accordance with the provisions of Part II of the Arkansas Water and Air Pollution 

Control Act at A.C.A §§8-4-101 et seq., shall be known as the Prevention of Significant 

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

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

Reg. 19.902 Purposes 

Promulgation and enforcement of these PSD Regulations is intended to further the purposes of 

the Plan and the Regulations of the Plan, including, but not limited to, acceptance of delegation 

by the EPA of authority for enforcement of regulations governing the prevention of significant 

deterioration of air quality and regulations governing the protection of visibility in mandatory 

Class I federal areas. 

Reg. 19.903 Definitions 

(A) "Advance notification" (of a permit application) means any written communication 

which establishes the applicant's intention to construct, and which provides the 

Department with sufficient information to determine that the proposed source may 

constitute a major new source or major modification, and that such source may affect 

any mandatory Class I federal area, including, but not limited to, submittal of a draft 

or partial permit application, a PSD monitoring plan, or a sufficiently detailed letter. 

"Advance notification" does not include general inquiries about the Department's 

regulations. 

(B) All other terms used herein shall have the same meaning as set forth in Chapter 2 of 

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

Visibility] as of November 29, 2005, all as in effect upon the latest date of 

amendment of this supplement, unless manifestly inconsistent with the context in 

which they are used. Wherever there is a difference between the definitions in 

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

the federal definitions as listed in 40 CFR 52.21(b) and 40 CFR 51.301 as of 

November 29, 2005, shall apply. 

(C) The definition for “routine maintenance, repair and replacement” in 40 CFR 

52.21(b)(2)(iii)(a) is not incorporated.

Reg. 19.904 Adoption of Regulations 

(A) Except where manifestly inconsistent with the provisions of the Clean Air Act, as 

amended, or with federal regulations adopted pursuant thereto, and as amended 

specifically herein by paragraphs (B), (C), (D), (E), and (F) of Reg. 19.904, the 

Arkansas Department of Environmental Quality shall have those responsibilities and 

that authority, with reference to the State of Arkansas, granted to the Administrator 

of the EPA under 40 CFR 52.21 (a)(2) through (bb), as in effect on November 29, 

2005, which are hereby incorporated herein by reference, with the exception of 40 

CFR 52.21(b)(55-58), 40 CFR 52.21(i) (9), and 40 CFR 52.21(cc), which are not 

incorporated. In the absence of a specific imposition of responsibility or grant of 

authority, the Department shall be deemed to have that responsibility and authority 

necessary to attain the purposes of the Plan, these PSD Regulations, and the 

applicable federal regulations, as incorporated herein by reference. 

(B) Exclusions from the consumption of increments, as provided in 40 CFR 

51.166(f)(1)(iii) as of November 29, 2005, shall be effective immediately. 

Submission of this Plan under the Governor's signature constitutes a request by the 

Governor for this exclusion. 

(C) In addition to the requirements of 40 CFR 52.21(o) as of November 29, 2005, the 

following requirements [designated as Reg. 19.904(C)(1),(2),(3) and (4)] shall also 

apply: 

(1) Where air quality impact analyses required under this part indicate that the 

issuance of a permit for any major stationary source or for any major 

modification would result in the consumption of more than fifty percent (50%) of 

any available annual increment or eighty percent (80%) of any short term 

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

an assessment of the following factors: 
9-3

(a) Effects that the proposed consumption would have upon the 

industrial and economic development within the area of the 

proposed source; and 

(b) Alternatives to such consumption, including alternative siting of 

the proposed source or portions thereof. 

(2) The assessment required under subparagraph (4) above shall be made part of the 

application for permit and shall be made available for public inspection as 

provided in 40 CFR 52.21(q) as of November 29, 2005. 

(3) The assessment required under subparagraph (4) above shall be in detail 

commensurate with the degree of proposed increment consumption, both in terms 

of the percentage of increment consumed and the area affected. 

(4) The assessment required under subparagraph (4) above may be made effective 

where a proposed source would cause an increment consumption less than that 

specified in said subparagraph if the Director finds that unusual circumstances 

exist in the area of the proposed source which warrant such an assessment. The 

Director shall notify the applicant in writing of those circumstances which warrant 

said assessment. The Commission may rescind or modify the Director's action, 

upon a showing by the applicant that the circumstances alleged by the Director 

either do not exist or do not warrant the aforecited assessment. 

(D) In addition to the requirements of 40 CFR 52.21(p)(1) as of November 29, 2005, the 

following requirements shall also apply: 

 Impacts on mandatory Class I federal areas include impacts on visibility. The 

preliminary determination that a source may affect air quality or visibility in a mandatory 

Class I federal area shall be made by the Department, based on screening criteria agreed 

upon by the Department and the Federal Land Manager. 

(E) In all instances wherein the aforesaid 40 CFR 51.301 and 40 CFR 52.21 refer to the 

Administrator or the Environmental Protection Agency, the reference, for the 

purposes of paragraph (A) of Reg. 19.904, shall be deemed to mean the Arkansas 
9-4

Department of Environmental Quality, unless the context plainly dictates otherwise, 

except in the following sections: 

 (1) Exclusion from increment consumption: 40 CFR 52.21(f)(1)(v), (f)(3), and 

 (f)(4)(I); 

 (2) Redesignation: 40 CFR 52.21(g)(1), (g)(2), (g)(4), (g)(5), and (g)(6); 

 (3) Air quality models: 40 CFR 52.21 (2). 

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

Annotated 1987 Section 8-3-101 et seq. 

(G) For the purpose of the regulation of GHGs, only the standards and requirements 

promulgated by EPA as of June 3, 2010, related to the permitting of GHG emissions 

shall apply to the requirements of 40 CFR 52.21, as of November 29, 2005, 

incorporated by reference at Reg.19.904(A). The following definitions and 

requirements shall also apply: 

(1) “Greenhouse gases” (GHGs) means the air pollutant defined as the aggregate 

group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, 

hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be 

subject to regulation except as provided in Reg. 19.904(G)(4) through 

Reg.19.904(G)(5). 

(2) For purposes of Reg. 19.904(G)(3) through Reg.19.904(G)(5), the term tons per 

year (tpy) “CO2 equivalent emissions” (CO2e) shall represent an amount of GHGs 

emitted, and shall be computed as follows: 

(a) Multiplying the mass amount of emissions in tpy, for each of the six 

greenhouse gases in the pollutant GHGs, by theeach gas's associated 

global warming potential published at Table A - 1 to subpart A of 40 CFR 

part 98 - Global Warming Potentials (as of October 30, 2009); and 

(b) Sum the resultant values from Reg. 19.904(G)(2)(a) for each gas to 

compute a tpy CO2e.
9-5

(c) For purposes of this definition, prior to July 21, 2014, the mass of the 

greenhouse gas carbon dioxide shall not include carbon dioxide emissions 

resulting from the combustion or decomposition of non-fossilized and 

biodegradable organic material originating from plants, animals, or microorganisms (including products, by-products, residues and waste from 

agriculture, forestry and related industries as well as the non-fossilized and 

biodegradable organic fractions of industrial and municipal wastes, 

including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material). 

(3) The term “emissions increase” as used in Reg. 19.904(G)(4) through Reg. 

19.904(G)(5) shall mean that both a significant emissions increase (as calculated 

using the procedures in 40 CFR 52.21(a)(2)(iv), as of November 29, 2005), and a 

significant net emissions increase (as defined in 40 CFR 52.21(b)(3), as of 

November 29, 2005, and 40 CFR 52.21(b)(23), as of November 29, 2005), occur. 

For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, and 

shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, 

and “significant” is defined as 75,000 tpy CO2e instead of applying the value in 

40 CFR 52.21(b)(23)(ii), as of November 29, 2005. 

(4) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if: 

(a) The stationary source is a new major stationary source for a regulated 

NSR pollutant that is not GHGs, and also will emit or will have the 

potential to emit GHGs at 75,000 tpy CO2e or more; or

(b) The stationary source is an existing major stationary source for a regulated 

NSR pollutant that is not GHGs, and also will have an emissions increase 

of a regulated NSR pollutant, and an emissions increase of GHGs of 

75,000 tpy CO2e or more. 

(5) Beginning July 1, 2011, in addition to the provisions in Reg.19.904(G)(4) of this 

section, the pollutant GHGs shall also be subject to regulation: 

(a) At a new stationary source that will emit or have the potential to emit 
9-6

100,000 tpy CO2e or more; or 

(b) At an existing stationary source that emits or has the potential to emit 

100,000 tpy CO2e or more, when such stationary source undertakes a 

physical change or change in the method of operation that will result in an 

emissions increase of 75,000 tpy CO2e or more. 

(6) In the event that any provisions of enabling federal law are overturned by a court 

of competent jurisdiction, such provisions adopted in this Regulation, are void 

and of no effect.If federal legislation or a federal court stays, invalidates, delays 

the effective date of, or otherwise renders unenforceable, in whole or in part, 

EPA’s regulation of greenhouse gases, then the provisions of Regulation 19 

concerning greenhouse gases based thereon shall be stayed and shall not be 

enforceable until such time as the Commission makes a final decision on whether 

or not to revise Regulation 19 due to the federal legislation or federal court order. 
ARKANSAS POLLUTION CONTROL 

AND ECOLOGY COMMISSION

REGULATION NO. 19

APPENDIX A

Insignificant Activities List
A-1

APPENDIX A: INSIGNIFICANT ACTIVITIES LIST 

The following types of activities or emissions are deemed insignificant on the basis of size, 

emission rate, production rate, or activity. Certain of these listed activities include qualifying 

statements intended to exclude many similar activities. By such listing, the Department exempts 

certain sources or types of sources from the requirements to obtain a permit or plan under this 

regulation. Listing in this part has no effect on any other law to which the activity may be 

subject. Any activity for which a state or federal applicable requirement applies (such as NSPS, 

National Emission Standards for Hazardous Air Pollutants [NESHAP], or Maximum Achievable 

Control Technology [MACT]) is not insignificant, even if this activity meets the criteria below. 

Group A 

The following emission units, operations, or activities must either be listed as insignificant or 

included in the permit application as sources to be permitted. The listing of insignificant sources 

does not necessarily mean that the emissions from these sources must be quantified. 

1. Fuel burning equipment with a design rate less than 10 MMBtu per hour, provided that 

the aggregate air pollutant specific emissions from all such units listed as insignificant do 

not exceed 5 tons per year (tpy) of any combination of HAPs, 75000 tpy carbon dioxide,

and 10 tpy of any other air pollutant. 

2. Storage tanks less than or equal to 250 gallons storing organic liquids having a true vapor 

 pressure less than or equal to 3.5 psia, provided that the aggregate air pollutant specific 

 emissions from all such liquid storage tanks listed as insignificant do not exceed 5 tpy of 

 any combination of HAPs and 10 tpy of any other air pollutant. 

3. Storage tanks less than or equal to 10,000 gallons storing organic liquids having a true 

 vapor pressure less than or equal to 0.5 psia, provided that the aggregate air pollutant 

 specific emissions from all such liquid storage tanks listed as insignificant do not exceed 

 5 tpy of any combination of HAPs and 10 tpy of any other air pollutant. 

4. Caustic storage tanks that contain no VOCs. 

5. Emissions from laboratory equipment/vents used exclusively for routine chemical or 

 physical analysis for quality control or environmental monitoring purposes provided that 

 the aggregate air pollutant specific emissions from all such equipment/vents considered 
A-2

 insignificant do not exceed 5 tpy of any combination of HAPs and 10 tpy of any other 

air pollutant. 

6. Non-commercial water washing operations of empty drums less than or equal to 55 

 gallons with less than three percent of the maximum container volume of material. 

7. Welding or cutting equipment related to manufacturing activities that do not result in 

 aggregate emissions of HAPs in excess of 0.1 tpy. 

8. Containers of less than or equal to 5 gallons in capacity that do not emit any detectable 

 VOCs or HAPs when closed. This includes filling, blending, or mixing of the contents of 

 such containers by a retailer. 

9. Equipment used for surface coating, painting, dipping, or spraying operations, provided 

 the material used contains no more than 0.4 lb/gal VOCs, no hexavalent chromium, and 

 no more than 0.1 tpy of all other HAPs. 

10. Non-production equipment approved by the Department, used for waste treatability 

studies or other pollution prevention programs provided that the emissions are less than 

10 tpy of any air pollutant regulated under this regulation or less than 2 tpy of a single 

HAP or 5 tpy of any combination of HAPs.1

11. Operation of groundwater remediation wells, including emissions from the pumps and 

 collection activities provided that the emissions are less than 10 tpy of any air pollutant 

 regulated under this regulation or less than 2 tpy of a single HAP or 5 tpy of any 

 combination of HAPs. This does not include emissions from air-stripping or storage. 

12. Emergency use generators, boilers, or other fuel burning equipment that is of equal or 

 smaller capacity than the primary operating unit, cannot be used in conjunction with the 

 primary operating unit, and does not emit or have the potential to emit regulated air 

 pollutants in excess of the primary operating unit and not operated more than 90 days a 

 year. This does not apply to generators which provide electricity to the distribution grid. 

13. Other activities for which the facility demonstrates that no enforceable permit conditions 

are necessary to einsure compliance with any applicable law or regulation provided that 

 

1

 The treatability study or pollution prevention program must be approved separately. The activity creating the 

emissions must also be determined to be insignificant as discussed in the introduction to this group. 
A-3

the emissions are less than 75,000 tpy carbon dioxide, 5 tpy of any pollutant regulated 

under this regulation or less than 1 tpy of a single HAP or 2.5 tpy of any combination of 

HAPs, or 5 tpy of any other air pollutant regulated under this regulation. These emission 

limits apply to the sum of all activities listed under this group. 

Group B 

The following emission units, operations, or activities need not be included in a permit 

application: 

1. Combustion emissions from propulsion of mobile sources and emissions from refueling 

 these sources unless regulated by Title II and required to obtain a permit under Title V of 

 the federal Clean Air Act, as amended. This does not include emissions from any 

 transportable units, such as temporary compressors or boilers. This does not include 

 emissions from loading racks or fueling operations covered under any applicable federal 

 requirements. 

2. Air conditioning and heating units used for comfort that do not have applicable 

 requirements under Title VI of the Act. 

3. Ventilating units used for human comfort that do not exhaust air pollutants into the 

 ambient air from any manufacturing/industrial or commercial process. 

4. Non-commercial food preparation or food preparation at restaurants, cafeterias, or 

 caterers, etc. 

5. Consumer use of office equipment and products, not including commercial printers or 

 business primarily involved in photographic reproduction. 

6. Janitorial services and consumer use of janitorial products. 

7. Internal combustion engines used for landscaping purposes. 

8. Laundry activities, except for dry-cleaning and steam boilers. 

9. Bathroom/toilet emissions. 
A-4

10. Emergency (backup) electrical generators at residential locations. 

11. Tobacco smoking rooms and areas. 

12. Blacksmith forges. 

13. Maintenance of grounds or buildings, including: lawn care, weed control, pest control, 

 and water washing activities. 

14. Repair, up-keep, maintenance, or construction activities not related to the source’s 

 primary business activity, and not otherwise triggering a permit modification. This may 

 include, but is not limited to such activities as general repairs, cleaning, painting, 

 welding, woodworking, plumbing, re-tarring roofs, installing insulation, paved/paving 

 parking lots, miscellaneous solvent use, application of refractory, or insulation, brazing, 

 soldering, the use of adhesives, grinding, and cutting.2

15. Surface-coating equipment during miscellaneous maintenance and construction activities. 

 This activity specifically does not include any facility whose primary business activity is 

 surface-coating or includes surface-coating or products. 

16. Portable electrical generators that can be “moved by hand” from one location to another.3

17. Hand-held equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning, 

or machining wood, metal, or plastic. 

18. Brazing or soldering equipment related to manufacturing activities that do not result in 

 emission of HAPs.4

19. Air compressors and pneumatically operated equipment, including hand tools. 

 

2

 Cleaning and painting activities qualify if they are not subject to VOC or HAP control requirements. Asphalt 

batch plant owners/operators must get a permit. 

3

 "Moved by hand" means that it can be moved by one person without assistance of any motorized or non-motorized 

vehicle, conveyance, or device. 

4

 Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and construction activities 

that emit HAP metals are more appropriate for treatment as insignificant activities based on size or production 

thresholds. Brazing, soldering, and welding equipment, and cutting torches related directly to plant maintenance and 

upkeep and repair or maintenance shop activities that emit HAP metals are treated as trivial and listed separately in 

this appendix. 
A-5

20. Batteries and battery charging stations, except at battery manufacturing plants. 

21. Storage tanks, vessels, and containers holding or storing liquid substances that do not 

 contain any VOCs or HAPs.5

22. Storage tanks, reservoirs, and pumping and handling equipment of any size containing 

 soaps, vegetable oil, grease, animal fat, and no volatile aqueous salt solutions, provided 

 appropriate lids and covers are used and appropriate odor control is achieved. 

23. Equipment used to mix and package soaps, vegetable oil, grease, animal fat, and non-

 volatile aqueous salt solutions, provided appropriate lids and covers are used and 

 appropriate odor control is achieved. 

24. Drop hammers or presses for forging or metalworking. 

25. Equipment used exclusively to slaughter animals, but not including other equipment at 

 slaughter-houses, such as rendering cookers, boilers, heating plants, incinerators, and 

 electrical power generating equipment. 

26. Vents from continuous emissions monitors and other analyzers. 

27. Natural gas pressure regulator vents, excluding venting at oil and gas production 

 facilities. 

28. Hand-held applicator equipment for hot melt adhesives with no VOCs in the adhesive. 

29. Lasers used only on metals and other materials which do not emit HAPs in the process. 

30. Consumer use of paper trimmers/binders. 

31. Electric or steam-heated drying ovens and autoclaves, but not the emissions from the 

 articles or substances being processed in the ovens or autoclaves or the boilers delivering 

 the steam. 

32. Salt baths using non-volatile salts that do not result in emissions of any air pollutant 

 covered by this regulation. 

 

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-6

33. Laser trimmers using dust collection to prevent fugitive emissions. 

34. Bench-scale laboratory equipment used for physical or chemical analysis not including 

 lab fume hoods or vents. 

35. Routine calibration and maintenance of laboratory equipment or other analytical 

 instruments. 

36. Equipment used for quality control/assurance or inspection purposes, including sampling 

 equipment used to withdraw materials for analysis. 

37. Hydraulic and hydrostatic testing equipment. 

38. Environmental chambers not using hazardous air pollutant gases. 

39. Shock chambers, humidity chambers, and solar simulators. 

40. Fugitive emissions related to movement of passenger vehicles, provided the emissions are 

 not counted for applicability purposes and any required fugitive dust control plan or its 

 equivalent is submitted. 

41. Process water filtration systems and demineralizers. 

42. Demineralized water tanks and demineralizer vents. 

43. Boiler water treatment operations, not including cooling towers. 

44. Emissions from storage or use of water treatment chemicals, except for hazardous air 

pollutants or pollutants listed under regulations promulgated pursuant to Section 112(r) of 

the Act as of July 1, 1997, for use in cooling towers, drinking water systems, and boiler 

water/feed systems. 

45. Oxygen scavenging (de-aeration) of water. 

46. Ozone generators. 

47. Fire suppression systems. 

48. Emergency road flares. 

49. Steam vents and safety relief valves. 
A-7

50. Steam leaks. 

51. Steam cleaning operations. 

52. Steam and microwave sterilizers. 

53. Site assessment work to characterize waste disposal or remediation sites. 

54. Miscellaneous additions or upgrades of instrumentation. 

55. Emissions from combustion controllers or combustion shutoff devices but not 

 combustion units itself. 

56. Use of products for the purpose of maintaining motor vehicles operated by the facility, 

not including air cleaning units of such vehicles (i.e. antifreeze, fuel additives). 

57. Stacks or vents to prevent escape of sanitary sewer gases through the plumbing traps. 

58. Emissions from equipment lubricating systems (i.e. oil mist), not including storage tanks, 

 unless otherwise exempt. 

59. Residential wood heaters, cookstoves, or fireplaces. 

60. Barbecue equipment or outdoor fireplaces used in connection with any residence or 

 recreation. 

61. Log wetting areas and log flumes. 

62. Periodic use of pressurized air for cleanup. 

63. Solid waste dumpsters. 

64. Emissions of wet lime from lime mud tanks, lime mud washers, lime mud piles, lime 

 mud filter and filtrate tanks, and lime mud slurry tanks. 

65. Natural gas odoring activities unless the Department determines that emissions constitute 

 air pollution. 

66. Emissions from engine crankcase vents. 
A-8

67. Storage tanks used for the temporary containment of materials resulting from an 

 emergency reporting to an unanticipated release. 

68. Equipment used exclusively to mill or grind coatings in roll grinding rebuilding, and 

 molding compounds where all materials charged are in paste form. 

69. Mixers, blenders, roll mills, or calendars for rubber or plastic for which no materials in 

powder form are added and in which no hazardous air pollutants, organic solvents, 

diluents, or thinners are used or emitted. 

70. The storage, handling, and handling equipment for bark and wood residues not subject to 

 fugitive dispersion offsite (this applies to the equipment only). 

71. Maintenance dredging of pulp and paper mill surface impoundments and ditches 

 containing cellulosic and cellulosic derived biosolids and inorganic materials such as 

 lime, ash, or sand. 

72. Tall oil soap storage, skimming, and loading. 

73. Water heaters used strictly for domestic (non-process) purposes. 

74. Facility roads and parking areas, unless necessary to control offsite fugitive emissions. 

75. Agricultural operations, including onsite grain storage, not including internal combustion 

engines or grain elevators. 

76. The following natural gas and oil exploration production site equipment: separators, 

 dehydration units, natural gas fired compressors, and pumping units. This does not 

 include compressors located on natural gas transmission pipelines. 
 

Pollution Control and Ecology Commission # 014.00-026 

 

ARKANSAS POLLUTION CONTROL

and ECOLOGY COMMISSION

REGULATION NO. 26

REGULATIONS OF THE ARKANSAS 

OPERATING AIR PERMIT PROGRAM

FINAL DRAFT
i

TABLE OF CONTENTS 

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

Reg. 26.101 Title............................................................................................................. 1-1

Reg. 26.102 Purpose ....................................................................................................... 1-1

Reg. 26.103 Severability ................................................................................................. 1-1

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

CHAPTER 3: REQUIREMENT FOR A PERMIT, APPLICABILITY .................................... 3-1

Reg. 26.301 Requirement for a permit............................................................................ 3-1

Reg. 26.302 Sources subject to permitting ..................................................................... 3-1

Reg. 26.303 Source category exemptions ....................................................................... 3-2

Reg. 26.304 Emissions units subject to permitting ......................................................... 3-2

Reg. 26.305 Emissions subject to permitting.................................................................. 3-3

Reg. 26.306 Fugitive emissions subject to permitting .................................................... 3-3

CHAPTER 4: APPLICATIONS FOR PERMITS ...................................................................... 4-1

Reg. 26.401 Duty to apply .............................................................................................. 4-1

Reg. 26.402 Standard application form and required information ................................. 4-1

Reg. 26.403 Initial applications from existing part 70 sources....................................... 4-4

Reg. 26.404 Applications for proposed new part 70 sources ......................................... 4-5

Reg. 26.405 Applications for proposed significant modifications at part 70 sources .... 4-5

Reg. 26.406 Permit renewal applications ....................................................................... 4-5

Reg. 26.407 Complete application .................................................................................. 4-5

Reg. 26.408 Confidential information ............................................................................ 4-5

Reg. 26.409 Applicant's duty to supplement or correct application ............................... 4-6

Reg. 26.410 Certification by responsible official ........................................................... 4-6

CHAPTER 5: ACTION ON APPLICATIONS .......................................................................... 5-1

Reg. 26.501 Action on part 70 permit applications ........................................................ 5-1

Reg. 26.502 Final action on permit application .............................................................. 5-1

Reg. 26.503 Priority for application review .................................................................... 5-1

Reg. 26.504 Notification of application completeness ................................................... 5-1

Reg. 26.505 Source's ability to operate prior to final permit action ............................... 5-2

Reg. 26.506 Basis for draft permit conditions ................................................................ 5-2

CHAPTER 6: PERMIT REVIEW BY THE PUBLIC, AFFECTED STATES, AND EPA ...... 6-1

Reg. 26.601 Applicability ............................................................................................... 6-1

Reg. 26.602 Public participation ..................................................................................... 6-1

Reg. 26.603 Transmission of permit information to the Administrator ......................... 6-2

Reg. 26.604 Review of draft permit by affected States .................................................. 6-2

Reg. 26.605 EPA objection to proposed permit ............................................................. 6-3

Reg. 26.606 Public petitions to the Administrator .......................................................... 6-3

Reg. 26.607 Prohibition on default issuance .................................................................. 6-4

CHAPTER 7: PERMIT CONTENT ........................................................................................... 7-1

Reg. 26.701 Standard permit requirements..................................................................... 7-1

Reg. 26.702 Federally-enforceable requirements ........................................................... 7-5

Reg. 26.703 Compliance requirements ........................................................................... 7-5

Reg. 26.704 Permit shield ............................................................................................... 7-7

Reg. 26.705 General permits .......................................................................................... 7-8
ii

Reg. 26.706 Temporary sources ..................................................................................... 7-8

Reg. 26.707 Emergency provision .................................................................................. 7-8

CHAPTER 8: OPERATIONAL FLEXIBILITY PROVISIONS ............................................... 8-1

Reg. 26.801 Applicant's duty to apply for alternative scenarios..................................... 8-1

Reg. 26.802 Changes resulting in no emissions increases .............................................. 8-1

Reg. 26.803 Emissions trading in permit ........................................................................ 8-1

Reg. 26.804 Emissions trading allowed under Regulation No. 19 ................................. 8-2

CHAPTER 9: ADMINISTRATIVE PERMIT AMENDMENTS .............................................. 9-1

Reg. 26.901 Administrative permit amendment applicability ........................................ 9-1

Reg. 26.902 Acid Rain administrative permit amendments ........................................... 9-1

Reg. 26.903 Administrative permit amendment procedures .......................................... 9-1

CHAPTER 10: PERMIT MODIFICATIONS, REOPENINGS ............................................... 10-1

Reg. 26.1001 Permit modification ................................................................................ 10-1

Reg. 26.1002 Minor permit modification applicability ................................................ 10-1

Reg. 26.1003 Prohibition on multiple related minor permit modification application 

submittals .......................................................................................... 10-2

Reg. 26.1004 Minor permit modification application .................................................. 10-2

Reg. 26.1005 EPA and affected State notification of minor permit modification 

application ......................................................................................... 10-2

Reg. 26.1006 Timetable for issuance of minor permit modification ............................ 10-2

Reg. 26.1007 Source's ability to make minor modification .......................................... 10-3

Reg. 26.1008 Group processing of minor permit modifications .................................. 10-3

Reg. 26.1009 Permit shield not applicable to minor permit modifications .................. 10-3

Reg. 26.1010 Significant modification procedures....................................................... 10-3

Reg. 26.1011 Reopening for cause by the Department ................................................ 10-4

Reg. 26.1012 Reopenings for cause by EPA ................................................................ 10-5

Reg. 26.1013 Permit Flexibility .................................................................................... 10-5

CHAPTER 11: PERMIT FEES ................................................................................................ 11-1

Reg. 26.1101 Fee requirement ...................................................................................... 11-1

Reg. 26.1102 Fee schedule ........................................................................................... 11-1

CHAPTER 12: ACID RAIN SOURCES PROVISIONS ......................................................... 12-1

Reg. 26.1201 Purpose ................................................................................................... 12-1

Reg. 26.1202 Adoption by reference ............................................................................ 12-1

CHAPTER 13: EFFECTIVE DATE ........................................................................................ 13-1

Reg. 26.1301 Effective Date ......................................................................................... 13-1
3-1

CHAPTER 3: REQUIREMENT FOR A PERMIT, APPLICABILITY 

Reg. 26.301 Requirement for a permit

(A) No part 70 source may operate unless it is operating in compliance with a part 70 

permit, or unless it has filed a timely and complete application for an initial or 

renewal permit as required under these regulations. Existing part 70 sources shall 

submit initial applications according to the provisions of section 4. If a part 70 

source submits a timely and complete application for an initial or renewal permit, 

the source's failure to have a part 70 permit is not a violation of this regulation 

until the Department takes final action on the permit application, except as noted 

in this section. This protection shall cease to apply if, subsequent to the 

completeness determination, the applicant fails to submit by the deadline 

specified in writing by the Department any additional information identified as 

being needed to process the application. If the Department fails to act in a timely 

way on a permit renewal, EPA may invoke its authority under section 505(e) of 

the Act to terminate or revoke and reissue the permit. 

(B) No proposed new part 70 source shall begin construction prior to obtaining a part 

70 permit, unless the applicable permit application was submitted prior to the 

effective date of these regulations and the Department's draft permitting decision 

for such source has already proceeded to public notice in accordance with 

Regulation No. 19. 

(C) No part 70 source shall begin construction of a new emissions unit or begin 

modifications to an existing emissions unit prior to obtaining a modified part 70 

permit. This applies only to significant modifications and does not apply to 

modifications that qualify as minor modifications or changes allowed under the 

operational flexibility provisions of a part 70 permit. An existing part 70 source 

shall be subject to the permit modification procedures of Regulation No. 19 until 

such time that an initial part 70 permit application is due from the source. 

Reg. 26.302 Sources subject to permitting 

The following sources shall be subject to permitting under these regulations, unless exempted by 

Reg. 26.303 below: 

(A) Any major source; 

(B) Any source, including an area source, subject to a standard, limitation, or other 

requirement under section 111 of the Act (i.e., New Source Performance 

Standards [NSPS] regs.) However, nonmajor sources subject to section 111 of the 

Act are exempt from the obligation to obtain a part 70 permit until such time that 

the Administrator completes a rulemaking to determine how the program should 

be structured for nonmajor sources; 
3-2

(C) Any source, including an area source, subject to a standard or other requirement 

under section 112 of the Act (i.e., hazardous air pollutant regs.), except that a 

source is not required to obtain a permit solely because it is subject to regulations 

or requirements under section 112(r) of the Act; 

(D) Any source subject to Arkansas Pollution Control and Ecology Commission’s 

Regulation 19, Chapter 9.” 

(E) Any acid rain source (which shall be permitted in accordance with the provisions 

of the federal acid rain program); and

(F) Any source in a source category designated by the Administrator pursuant to this 

section.;. and

(G) Any stationary source as of July 1, 2011, emitting or having the potential to emit 

100,000 tpy CO2e.

Reg. 26.303 Source category exemptions 

The following source categories are exempted from the obligation to obtain a part 70 permit: 

(A) All sources listed in Reg. 26.302 that are not major sources, acid rain sources, or 

solid waste incineration units required to obtain a permit pursuant to section 

129(e) of the Act, are exempted from the obligation to obtain a part 70 permit 

until such time as the Administrator completes a rulemaking to determine how the 

program should be structured for nonmajor sources. 

(B) All sources and source categories that would be required to obtain a permit solely 

because they are subject to 40 CFR part 60, Subpart AAA - Standards of 

Performance for New Residential Wood Heaters as of July 23, 1993; and 

(C) All sources and source categories that would be required to obtain a permit solely 

because they are subject to 40 CFR part 61, Subpart M - National Emission 

Standard for Hazardous Air Pollutants for Asbestos, section 6l.145, Standard for 

Demolition and Renovation as of July 23, 1993. 

(D) Any other nonmajor sources subject to a standard or other requirement under 

either section 111 or 112 of the Act exempted by the Administrator.

Reg. 26.304 Emissions units subject to permitting 

The Department shall include in the part 70 permit all applicable requirements for all relevant 

emissions units in the part 70 source. Some equipment with very small emission rates is exempt 

from permitting requirements as per Chapter 4 and Appendix A of Regulation No. 19. 
3-3

Reg. 26.305 Emissions subject to permitting 

All regulated air pollutant emissions and recognized air contaminant emissions from a part 70 

source shall be included in a part 70 permit, except that GHG emissions less than 75100,000 tpy 

CO2e shall not be included in a part 70 permit, unless the part 70 source undertakes a physical 

change or change in the method of operation that will result in an emissions increase of 75,000 

tpy CO2e or more. Only regulated air pollutants may trigger the need for a part 70 permit or a 

part 70 permit modification process. A permit modification involving only air contaminants 

other than regulated air pollutants shall be permitted according to the procedure of Regulation 

No. 19. Such permits shall be incorporated into the part 70 permit by administrative permit 

amendment. 

Reg. 26.306 Fugitive emissions subject to permitting 

Fugitive emissions from a part 70 source shall be included in the permit application and the part 

70 permit in the same manner as stack emissions, regardless of whether the source category in 

question is included in the list of sources contained in the definition of major source. 
4-1

CHAPTER 4: APPLICATIONS FOR PERMITS 

Reg. 26.401 Duty to apply 

For each source subject to 40 CFR part 70, as promulgated June 3, 2010, July 21, 1992, and last 

modified November 27, 2001, the owner or operator shall submit a timely and complete permit 

application (on forms supplied by the Department) in accordance with this section. 

Reg. 26.402 Standard application form and required information 

The Department shall provide a standard application form or forms and shall provide them to 

part 70 sources upon request. Information as described below for each emissions unit at a part 

70 source shall be required by the application form and included by the applicant in the 

application. 

(A) Insignificant activities which are exempted because of size or production rate, a 

list of such insignificant activities must be included in the application. 

(B) An application may not omit information needed to determine the applicability of, 

or to impose, any applicable requirement, or to evaluate the fee amount required 

by the Arkansas Pollution Control and Ecology Commission’s Regulation 

Number 9, Fee Regulation (Regulation 9 or Regulation No. 9). The Department 

may use discretion in developing application forms that best meet program needs 

and administrative efficiency. The forms and attachments chosen, however, shall 

include the elements specified below: 

(1) Identifying information, including company name and address (or plant 

name and address if different from the company name), owner's name and 

agent, and telephone number and names of plant site manager/contact. 

(2) A description of the source's processes and products (by Standard 

Industrial Classification Code or the North American Industry 

Classification System) including any associated with alternate scenario 

identified by the source. 

(3) The following emission-related information: 

(a) A permit application shall describe all emissions of regulated air 

pollutants emitted from any emissions unit, except where such 

units are exempted under Reg. 26.402(A). The Department shall 

require additional information related to the emissions of air 

pollutants sufficient to verify which requirements are applicable to 

the source, and other information necessary to collect any permit 

fees owed under the fee schedule in Regulation No. 9. 
4-2

(b) Identification and description of all points of emissions described 

above in sufficient detail to establish the basis for fees and 

applicability of requirements of the Act. 

(c) Emissions rate in tpy and in such terms as are necessary to 

establish compliance consistent with the applicable standard 

reference test method. 

(d) The following information to the extent it is needed to determine 

or regulate emissions: fuels, fuel use, raw materials, production 

rates, and operating schedules. 

(e) Identification and description of air pollution control equipment 

and compliance monitoring devices or activities. 

(f) Limitations on source operation affecting emissions or any work 

practice standards, where applicable, for all regulated pollutants at 

the part 70 source. 

(g) Other information required by any applicable requirement 

(including information related to stack height limitations 

developed pursuant to section 123 of the Act). 

(h) Calculations on which the information in Reg. 26.402(B)(3) is 

based. 

(4) The following air pollution control requirements: 

(a) Citation and description of all applicable requirements, and 

(b) Description of or reference to any applicable test method for 

determining compliance with each applicable requirement. 

(5) Other specific information that may be necessary to implement and 

enforce other applicable requirements of the Act, of this part or to 

determine the applicability of such requirements. 

(6) An explanation of any proposed exemptions from otherwise applicable 

requirements. 

(7) Additional information as determined to be necessary by the Department 

to define alternative operating scenarios identified by the source pursuant 

to Reg. 26.701(I) or to define permit terms and conditions implementing 

Reg. 26.802 or Reg. 26.701(J). 

(8) A compliance plan for all part 70 sources that contains all the following: 
4-3

(a) A description of the compliance status of the source with respect to 

all applicable requirements. 

(b) A description as follows: 

(i) For applicable requirements with which the source is in 

compliance, a statement that the source will continue to 

comply with such requirements. 

(ii) For applicable requirements that will become effective 

during the permit term, a statement that the source will 

meet such requirements on a timely basis. 

(iii) For requirements for which the source is not in compliance 

at the time of permit issuance, a narrative description of 

how the source will achieve compliance with such 

requirements. 

(c) A compliance schedule as follows: 

(i) For applicable requirements with which the source is in 

compliance, a statement that the source will continue to 

comply with such requirements. 

(ii) For applicable requirements that will become effective 

during the permit term, a statement that the source will 

meet such requirements on a timely basis. A statement that 

the source will meet in a timely manner applicable 

requirements that become effective during the permit term 

shall satisfy this provision, unless a more detailed schedule 

is expressly required by the applicable requirement. 

(iii) A schedule of compliance for sources that are not in 

compliance with all applicable requirements at the time of 

permit issuance. Such a schedule shall include a schedule 

of remedial measures, including an enforceable sequence of 

actions with milestones, leading to compliance with any 

applicable requirements for which the source will be in 

noncompliance at the time of permit issuance. This 

compliance schedule shall resemble and be at least as 

stringent as that contained in any judicial consent decree or 

administrative order to which the source is subject. Any 

such schedule of compliance shall be supplemental to, and 

shall not sanction noncompliance with, the applicable 

requirements on which it is based. 
4-4

(d) A schedule for submission of certified progress reports no less 

frequently than every 6 months for sources required to have a 

schedule of compliance to remedy a violation. 

(e) The compliance plan content requirements specified in this 

paragraph shall apply and be included in the acid rain portion of a 

compliance plan for an affected source, except as specifically 

superseded by regulations promulgated under title IV of the Act 

with regard to the schedule and method(s) the source will use to 

achieve compliance with the acid rain emissions limitations. 

(9) Requirements for compliance certification, including the following: 

(a) A certification of compliance with all applicable requirements by a 

responsible official consistent with Reg. 26.410 and section 

114(a)(3) of the Act; 

(b) A statement of methods used for determining compliance, 

including a description of monitoring, recordkeeping, and 

reporting requirements and test methods; 

(c) A schedule for submission of compliance certifications during the 

permit term, to be submitted no less frequently than annually, or 

more frequently if specified by the underlying applicable 

requirement or by the Department; and 

(d) A statement indicating the source's compliance status with any 

applicable enhanced monitoring and compliance certification 

requirements of the Act. 

(10) The use of nationally-standardized forms for acid rain portions of permit 

applications and compliance plans, as required by regulations promulgated 

under title IV of the Act. 

(C) Reserved 

Reg. 26.403 Initial applications from existing part 70 sources 

A timely application for an existing initial part 70 permit for an existing part 70 source existing 

on the effective date of these regulations is one that is submitted within 12 months after the 

source becomes subject to the permit program, or on or before such earlier date as the 

Department may establish. The earliest that the Department may require an initial application 

from such an existing part 70 source is 6 months after the Department notifies the source in 

writing of its duty to apply for an initial part 70 permit. 
4-5

Reg. 26.404 Applications for proposed new part 70 sources 

The owner or operator proposing to construct a new part 70 source shall apply for and obtain a 

part 70 permit prior to the construction of the source, unless the applicable permit application 

was submitted prior to the effective date of these Regulations and the Department's draft 

permitting decision for such source has already proceeded to public comment in accordance with 

Regulation No. 19. 

Reg. 26.405 Applications for proposed significant modifications at part 70 sources 

Part 70 sources proposing to construct a new emissions unit or modify an existing emissions unit 

shall apply for and obtain a modified part 70 permit prior to the construction or modification of 

such emissions unit. This applies only to significant modifications and does not apply to 

modifications that qualify as minor modifications or changes allowed under the operational 

flexibility provisions of a part 70 permit. 

Reg. 26.406 Permit renewal applications 

For purposes of permit renewal, a timely application is one that is received by the Department at 

least 6 months prior to the date of permit expiration or such other longer time as may be 

approved by the Administrator that ensures that the term of the permit will not expire before the 

permit is renewed. In no event shall this time be greater than 18 months. Renewal permits are 

subject to the same procedural requirements that apply to initial permit issuance. Permit 

expiration terminates a part 70 source's right to operate unless a timely and complete renewal 

application has been received by the Department, in which case the existing permit shall remain 

in effect until the Department takes final action on the renewal application. If the Department 

fails to act in a timely way on a permit renewal, EPA may invoke its authority under section 

505(e) of the Act to terminate or revoke and reissue the permit. 

Reg. 26.407 Complete application 

To be deemed complete, an application must provide all information required by Reg. 26.402, 

except that applications for permit revision need supply only that information related to the 

proposed change. Unless the Department determines that an application is not complete within 

60 days of receipt of the application, such application shall be deemed to be complete. If, while 

processing an application that has been determined or deemed to be complete, the Department 

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

application, it may request such information in writing and set a reasonable deadline for a 

response. 

Reg. 26.408 Confidential information 

In the case where a source has submitted information to the State under a claim of 

confidentiality, the Department may also require the source to submit a copy of such information 

directly to the Administrator. 
4-6

Reg. 26.409 Applicant's duty to supplement or correct application 

Any applicant who fails to submit any relevant facts or who has submitted incorrect information 

in a permit application shall, upon becoming aware of such failure or incorrect submittal, 

promptly submit such supplementary facts or corrected information. In addition, an applicant 

shall provide additional information as necessary to address any requirements that become 

applicable to the source after the date it filed a complete application but prior to release of a draft 

permit. 

Reg. 26.410 Certification by responsible official 

Any application form, report, or compliance certification submitted pursuant to these regulations 

shall contain certification by a responsible official of truth, accuracy, and completeness. This 

certification and any other certification required under these regulations shall state that, based on 

information and belief formed after reasonable inquiry, the statements and information in the 

document are true, accurate, and complete. 
Biomass Deferral Rule 
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, 2012 
i 

TABLE OF CONTENTS 

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

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

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

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

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

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

CHAPTER 3: PROTECTION OF THE NATIONAL AMBIENT AIR QUALITY 

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

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

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

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

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

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

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

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

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

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

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

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

Reg. 19.407 Permit Amendments ................................................................................... 4-6

Reg. 19.408 Exemption from Permitting ...................................................................... 4-10

Reg. 19.409 Transition .................................................................................................. 4-10

Reg. 19.410 Permit Revocation and Cancellation ........................................................ 4-10

Reg. 19.411 General Permits ........................................................................................ 4-11

Reg. 19.412 Dispersion Modeling ................................................................................ 4-12

Reg. 19.413 Confidentiality .......................................................................................... 4-12

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

Scenarios ............................................................................................ 4-14

Reg. 19.415 Changes Resulting in No Emissions Increases ......................................... 4-14

Reg. 19.416 Permit Flexibility ...................................................................................... 4-15

Reg. 19.417 Registration............................................................................................... 4-17
ii

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

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

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

Reg. 19.503 Visible Emission Regulations..................................................................... 5-1

Reg. 19.504 Stack Height/Dispersion Regulations ......................................................... 5-2

Reg. 19.505 Revised Emissions Limitation .................................................................... 5-2

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

Reg. 19.601 Upset Conditions ........................................................................................ 6-1

Reg. 19.602 Emergency Conditions ............................................................................... 6-2

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER 10: REGULATIONS FOR THE CONTROL OF VOLATILE ORGANIC 

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

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

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

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

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

Reg. 19.1005 Provisions for Specific Processes ......................................................... 10-12

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

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

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

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 ............................................................................................. 13-4

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 ....................................................................... 13-6

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

Reg. 19.1310 Owner/Operator Responsibility .............................................................. 13-7

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

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

CHAPTER 14: CAIR NOX OZONE SEASON TRADING PROGRAM GENERAL 

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

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

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

Reg. 19.1403 Timing Requirements for CAIR NOx Ozone Season Allowance 

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

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

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

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

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

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

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

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

Reg. 19.1506 Compliance Provisions ........................................................................... 15-6

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

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

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

APPENDIX A: INSIGNIFICANT ACTIVITIES LIST .................................................................1
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CHAPTER 1: TITLE, INTENT, AND PURPOSE 

Reg. 19.101 Title 

The following rules and regulations, adopted in accordance with the provisions of Subchapter 2 

of the Arkansas Water and Air Pollution Control Act, Arkansas Code Annotated (A.C.A) §§ 8-4-

201 et seq., shall be known as “Regulations of the Arkansas Plan of Implementation of Air 

Pollution Control,” hereinafter referred to as the “Regulations of the Plan,” and “Regulation 19.” 

Reg. 19.102 Applicability 

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

federally regulated air pollutant. 

Reg. 19.103 Intent and Construction 

(A) The purpose and intent of Regulation 19, as amended, is to provide a clear 

delineation of those regulations that are promulgated by the Commission in 

satisfaction of certain requirements of the federal Clean Air Act, 42 United States 

Code (U.S.C.) §§ 7401 et seq., as of July 1, 1997, and the federal regulations 

stemming therefrom. Federal programs that the Department is responsible for 

administering include, but are not limited to, the attainment and maintenance of the 

National Ambient Air Quality Standards (40 Code of Federal Regulations [CFR] Part 

50), certain delegated subparts of the New Source Performance Standards (40 CFR 

Part 60), provisions designed for the Prevention of Significant Deterioration (40 CFR 

§ 52.21), minor new source review as described in Chapter 4 (40 CFR Part 51), and 

certain delegated subparts of the National Emission Standards for Hazardous Air 

Pollutants (40 CFR Parts 61 and 63) as of July 1, 1997. This subsection shall not be 

construed as limiting the future delegation of federal programs to the Department for 

administration. 

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

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

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

provisions are state enforceable. 

(C) Regulation 19, as amended, presumes a single-permit system, encompassing both 

federal and state requirements. A regulated facility which is subject to permitting 

under Regulation 19 shall be required to apply for and comply with only one permit, 

even though that permit may contain conditions derived from the federal mandates 

contained in Regulation 19, as well as conditions predicated solely on state law. 

Regulation 19, through construction or implication, shall not support the conclusion 

that all conditions of a permit have become federally enforceable because the permit 

contains provisions derived from Regulation 19. Permits or permit conditions issued 

under the authority of state law, or enforcement issues arising out of state law, shall 

not be federally enforceable. 

(D) To the extent consistent with state law and efficient protection of the State’s air 

quality, Regulation 19 shall be construed in a manner that promotes a streamlined 

permitting process, mitigation of regulatory costs, and flexibility in maintaining 

compliance with federal mandates. Any applicable documents (e.g. “White Papers,” 

regulatory preambles, or interpretive memoranda) issued by the Environmental 

Protection Agency which are consistent with this policy and the legislative intent of 

state laws governing air pollution control (A.C.A. § 8-4-301 et seq.) are aids for 

construing the requirements of Regulation 19. Any procedure applicable to major 

sources that promotes operational flexibility are presumed to be authorized by this 

regulation unless manifestly inconsistent with its substantive terms. 

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

Commission’s authority under state law. 

Reg. 19.104 Severability 

If any provision of Regulation 19 is determined to be invalid, such invalidity shall not affect 

other provisions of Regulation 19. 

If federal legislation or a federal court stays, invalidates, delays the effective date of, or 

otherwise renders unenforceable, in whole or in part, EPA’s regulation of greenhouse gases, then 

the provisions of Regulation 19 concerning greenhouse gases based thereon shall be stayed and 
1-3

shall not be enforceable until such time as the Commission makes a final decision on whether or 

not to revise Regulation 19 due to the federal legislation or federal court order. 
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CHAPTER 2: DEFINITIONS 

Terms and phrases used in this regulation which are not explicitly defined herein shall have the 

same meaning as those terms which are used in the federal Clean Air Act. For purposes of this 

regulation: 

“12-month period” means a period of 12 consecutive months determined on a rolling basis with 

a new 12-month period beginning on the first day of each calendar month. 

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

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

or amount of material processed. 

“CO2 equivalent emissions” (CO2e) shall represent an amount of GHGs emitted, and shall be 

computed by multiplying the mass amount of emissions tpy, for each of the six greenhouse gases 

in the pollutant GHGs, by the gas’s associated global warming potential published at Table A - 1 

to subpart A of 40 CFR part 98 - Global Warming Potentials (which is incorporated by reference 

as finalized by EPA as of October 30, 2009), and summing the resultant value for each to 

compute a tpy CO2 equivalent emissions. For purposes of this definition, prior to July 21, 2014, 

the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions 

resulting from the combustion or decomposition of non-fossilized and biodegradable organic 

material originating from plants, animals, or micro-organisms (including products, by-products, 

residues and waste from agriculture, forestry and related industries as well as the non-fossilized 

and biodegradable organic fractions of industrial and municipal wastes, including gases and 

liquids recovered from the decomposition of non-fossilized and biodegradable organic material).

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

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

40 CFR 51.165, and 40 CFR 52.21. 

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

emission of any federally regulated air pollutants. 
2-2

“Department” means the Arkansas Department of Environmental Quality, or its successor. 

When reference is made in this regulation to actions taken by or with reference to the 

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

“Director” means the Director of the Arkansas Department of Environmental Quality, or its 

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

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

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

limits the emissions of federally regulated air pollutants on a continuous basis, including any 

requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or 

prescribe operation or maintenance procedures for a source to assure continuous emission 

reduction. 

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

has the potential to emit any federally regulated air pollutant. 

“EPA” means the United States Environmental Protection Agency. 

“Equipment” means any device, except equipment used for any mode of vehicular 

transportation, capable of causing the emission of a federally regulated air pollutant into the open 

air, and any stack, conduit, flue, duct, vent, or similar device connected or attached to or serving 

the equipment. 

“Federal Clean Air Act” or “Clean Air Act” or “FCAA” or “the Act” means the federal 

Clean Air Act, as amended, 42 U.S.C. 7401, et seq. and its implementing regulations as of the 

effective date of this regulation. 

“Federally regulated air pollutant” means the following: 

(A) Nitrogen oxides or any volatile organic compounds; 
2-3

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

 promulgated; 

(C) Except as provided in (E), any pollutant that is subject to any standard 

promulgated under 42 U.S.C. §§ 7401, et seq., as of the effective date of this 

regulation; 

(D) Any Class I or II substance subject to a standard promulgated under or established 

by Title VI of the Clean Air Act, 42 U.S.C.§§ 7401, et seq. as amended as of July 

1,1997.

(E) GHGs, except that GHGs shall not be a Federally Regulated Air Pollutant unless 

the GHG emissions are: 

(1) from a stationary source emitting or having the potential to emit 75,000 

tpy CO2e emissions or more; and 

(2) regulated under Chapter 9 of this Regulation 19. 

“Fugitive emissions” means those emissions which could not reasonably pass through a stack, 

chimney, vent, or other functionally equivalent opening. Those emissions are those that, 

according to customary and good engineering practice, considering technological and economic 

feasibility, could not pass through a stack, chimney, vent or other functionally-equivalent 

opening, except that the Department will utilize the definition of fugitive emissions for those 

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

are meeting that law or regulation. 

“Greenhouse gases” (GHGs) means the aggregate group of six greenhouse gases: carbon 

dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

“Hazardous Air Pollutant” or “HAP” means any air pollutant listed pursuant to § 112 of the 

Clean Air Act, as amended, 42 U.S.C. §§ 7401, et seq., as of the effective date of this regulation. 

“Modification” means any physical change in, or change in the method of operation of, a 

stationary source which increases the emission rate of any federally regulated air pollutant over 

permitted rates or which results in the emission of a federally regulated air pollutant not 
2-4

previously emitted, except that: 

 (A) Routine maintenance, repair, and replacement shall not be considered a physical 

 change, and 

 (B) The following shall not be considered a change in the method of operation: 

 (1) Any change in the production rate, if such change does not exceed the 

 permitted operating capacity of the source; 

 (2) Any change in the hours of operation, as long as it does not violate 

 applicable air permit conditions; or 

 (3) The use of an alternate fuel or raw material, as long as it does not violate 

 applicable air permit conditions. 

(C) De Minimis changes, as defined in Reg. 19.407(C), and changes in ownership 

shall not be considered. 

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

standards promulgated by the EPA in 40 CFR Part 50. 

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

the view of an object in the background. 

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

affected by these regulations. 

“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 
2-5

alternate method, specified in 40 CFR Part 60 Appendix A or by a test method specified in these 

regulations or any supplement thereto. 

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

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

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

two and one-half (2.5) micrometers. 

“PM10” means particulate matter with an aerodynamic diameter less than or equal to a nominal 

10 micrometers as measured by a reference method based on Appendix J of 40 CFR Part 50, or 

by an equivalent method designated in accordance with 40 CFR Part 53 as of December 8, 1984. 

“PM10 emissions” means PM10 emitted to the ambient air as measured by an applicable 

reference method, or an equivalent or alternate method, specified in 40 CFR Part 51, Appendix 

M as of December 8, 1984, or by a test method specified in these regulations or any supplement 

thereto. 

“Potential to emit” means the maximum capacity of a stationary source to emit a federally 

regulated air pollutant under its physical and operational design. Any physical or operational 

limitation on the capacity of the source to emit a federally regulated air pollutant, including, but 

not, limited to, air pollution control equipment and restrictions on hours of operation or on the 

type or amount of material combusted, stored, or processed, shall be treated as part of its design 

only if the limitation or the effect it would have on emissions is enforceable to the extent it is 

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

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

“Responsible official” means one of the following: 

 (A) For a corporation: a president, secretary, treasurer, or vice president of the 

 corporation in charge of a principal business function, or any other person who 

 performs similar policy or decision-making functions for the corporation, or a 

 duly authorized representative or such person if the representative is responsible 
2-6

 for the overall operation of one or more manufacturing, production, or operating 

 facilities applying for or subject to a permit and either: 

(1) The facilities employ more than 250 persons or have gross annual sales or 

expenditures exceeding $25 million (in second quarter 1980 United States 

dollars); or 

 (2) The delegation of authority to such representative is approved in advance 

 by the Department; 

(B) For partnership or sole proprietorship: a general partner or the proprietor, 

 respectively; 

(C) For a municipality, State, Federal, or other public agency: either a principal 

 executive officer or ranking elected official. For the purposes of this regulation, a 

 principal executive officer of a federal agency includes the chief executive officer 

 having responsibility for the overall operations of a principal geographic unit of 

 the agency (e.g., a Regional Administrator of EPA); or 

 (D) For acid rain sources: 

 (1) The designated representative insofar as actions, standards, requirements, 

 or prohibitions under Title IV of the Act or the regulations promulgated 

 thereunder are concerned; and 

 (2) The designated representative for any other purposes under Part 70. 

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

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

“Shutdown” means the cessation of operation of equipment. 

“Startup” means the setting in operation of equipment. 

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

emit any federally regulated air pollutant. 
2-7

“Title I modification” means any modification as defined under any regulation promulgated 

pursuant to Title I of the federal Clean Air Act. De minimis changes under Regulation 19, 

changes to state only permit requirements, administrative permit amendments, and changes to the 

insignificant activities list are not Title I modifications. 

“Volatile organic compounds” or “VOC” means any compound of carbon, excluding carbon 

monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium 

carbonate, which participates in atmospheric photochemical reactions. 

(A) This includes any such organic compound other than the following, which have 

been determined to have negligible photochemical reactivity: 

acetone; 

methane; 

ethane; 

methylene chloride (dichloromethane); 

1,1,1- trichloroethane (methyl chloroform); 

tetrachloroethylene (perchloroethylene); 

1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); 

trichlorofluoromethane (CFC-11); 

dichlorodifluoromethane (CFC-12); 

chlorodifluoromethane (HCFC-22); 

trifluoromethane (HFC-23); 

1,2-dichloro 1,1, 2, 2-tetrafluoroethane (CFC-114); 

chloropentafluoroethane (CFC-115); 

1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); 

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

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

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

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

pentaflurorethane (HFC-125); 

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

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

1,1-difluoroethane (HFC-152a); 

parachlorobenzotrifluoride (PCBTF); 

cyclic, branched, or linear completely methylated siloxanes; 

3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); 

1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb); 

1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee); 

difluoromethane (HFC-32); 
2-8

ethylfluoride (HFC-161); 

1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 

1,1,2,2,3-pentafluoropropane (HFC-245ca); 

1,1,2,3,3-pentafluoropropane (HFC 245ea); 

1,1,1,2,3-pentafluoropropane (HFC-245eb); 

1,1,1,3,3-pentafluoropropane (HFC-245fa); 

1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 

1,1,1,3,3-pentafluorobutane (HFC-365mfc); 

chlorofluoromethane (HCFC-31); 

1 chloro-1-fluoroethane (HCFC-151a); 

1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a); 

1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or HFE-7100);

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

 ((CF3)2CFCF2OCH3);

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

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

((CF3)2CFCF2OC2H5);

methyl acetate; 

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

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

(HFE-7500) 

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

methyl formate (HCOOCH3) 

1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300); 

and perfluorocarbon compounds which fall into these classes: 

 (1) cyclic, branched, or linear, completely fluorinated alkanes; 

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

 unsaturations; 

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

 unsaturations; and

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

 bonds only to carbon and fluorine. 

(B) For purposes of determining compliance with emission limits, VOC will be 

measured by the test methods in the approved State Implementation Plan (SIP) or 

40 CFR Part 60, Appendix A, as of July 1, 1997, as applicable. Where such a 

method also measures compounds with negligible photochemical reactivity, these 
2-9

negligibly-reactive compounds may be excluded as VOC if the amount of such 

compounds is accurately quantified, and such exclusion is approved by the 

Department. 

(C) As a precondition to excluding these compounds as VOC or at any time 

 thereafter, the Department may require an owner or operator to provide 

 monitoring or testing results demonstrating, to the satisfaction of the Department, 

 the amount of negligibly-reactive compounds in the source’s emissions. 

(D) The following compound(s) are VOC for purposes of all recordkeeping, 

emissions reporting, photochemical dispersion modeling and inventory 

requirements which apply to VOC and shall be uniquely identified in emission 

reports, but are not VOC for purposes of VOC emissions limitations or VOC 

content requirements: t-butyl acetate. 
9-1

CHAPTER 9: PREVENTION OF SIGNIFICANT DETERIORATION 

Reg. 19.901 Title 

The following rules and regulations of the Arkansas Pollution Control and Ecology Commission, 

adopted in accordance with the provisions of Part II of the Arkansas Water and Air Pollution 

Control Act at A.C.A §§8-4-101 et seq., shall be known as the Prevention of Significant 

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

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

Reg. 19.902 Purposes 

Promulgation and enforcement of these PSD Regulations is intended to further the purposes of 

the Plan and the Regulations of the Plan, including, but not limited to, acceptance of delegation 

by the EPA of authority for enforcement of regulations governing the prevention of significant 

deterioration of air quality and regulations governing the protection of visibility in mandatory 

Class I federal areas. 

Reg. 19.903 Definitions 

(A) "Advance notification" (of a permit application) means any written communication 

which establishes the applicant's intention to construct, and which provides the 

Department with sufficient information to determine that the proposed source may 

constitute a major new source or major modification, and that such source may affect 

any mandatory Class I federal area, including, but not limited to, submittal of a draft 

or partial permit application, a PSD monitoring plan, or a sufficiently detailed letter. 

"Advance notification" does not include general inquiries about the Department's 

regulations. 

(B) All other terms used herein shall have the same meaning as set forth in Chapter 2 of 

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

Visibility] as of November 29, 2005, all as in effect upon the latest date of 

amendment of this supplement, unless manifestly inconsistent with the context in 

which they are used. Wherever there is a difference between the definitions in 

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

the federal definitions as listed in 40 CFR 52.21(b) and 40 CFR 51.301 as of 

November 29, 2005, shall apply. 

(C) The definition for “routine maintenance, repair and replacement” in 40 CFR 

52.21(b)(2)(iii)(a) is not incorporated.

Reg. 19.904 Adoption of Regulations 

(A) Except where manifestly inconsistent with the provisions of the Clean Air Act, as 

amended, or with federal regulations adopted pursuant thereto, and as amended 

specifically herein by paragraphs (B), (C), (D), (E), and (F) of Reg. 19.904, the 

Arkansas Department of Environmental Quality shall have those responsibilities and 

that authority, with reference to the State of Arkansas, granted to the Administrator 

of the EPA under 40 CFR 52.21 (a)(2) through (bb), as in effect on November 29, 

2005, which are hereby incorporated herein by reference, with the exception of 40 

CFR 52.21(b)(55-58), 40 CFR 52.21(i) (9), and 40 CFR 52.21(cc), which are not 

incorporated. In the absence of a specific imposition of responsibility or grant of 

authority, the Department shall be deemed to have that responsibility and authority 

necessary to attain the purposes of the Plan, these PSD Regulations, and the 

applicable federal regulations, as incorporated herein by reference. 

(B) Exclusions from the consumption of increments, as provided in 40 CFR 

51.166(f)(1)(iii) as of November 29, 2005, shall be effective immediately. 

Submission of this Plan under the Governor's signature constitutes a request by the 

Governor for this exclusion. 

(C) In addition to the requirements of 40 CFR 52.21(o) as of November 29, 2005, the 

following requirements [designated as Reg. 19.904(C)(1),(2),(3) and (4)] shall also 

apply: 

(1) Where air quality impact analyses required under this part indicate that the 

issuance of a permit for any major stationary source or for any major 

modification would result in the consumption of more than fifty percent (50%) of 

any available annual increment or eighty percent (80%) of any short term 

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

an assessment of the following factors: 
9-3

(a) Effects that the proposed consumption would have upon the 

industrial and economic development within the area of the 

proposed source; and 

(b) Alternatives to such consumption, including alternative siting of 

the proposed source or portions thereof. 

(2) The assessment required under subparagraph (4) above shall be made part of the 

application for permit and shall be made available for public inspection as 

provided in 40 CFR 52.21(q) as of November 29, 2005. 

(3) The assessment required under subparagraph (4) above shall be in detail 

commensurate with the degree of proposed increment consumption, both in terms 

of the percentage of increment consumed and the area affected. 

(4) The assessment required under subparagraph (4) above may be made effective 

where a proposed source would cause an increment consumption less than that 

specified in said subparagraph if the Director finds that unusual circumstances 

exist in the area of the proposed source which warrant such an assessment. The 

Director shall notify the applicant in writing of those circumstances which warrant 

said assessment. The Commission may rescind or modify the Director's action, 

upon a showing by the applicant that the circumstances alleged by the Director 

either do not exist or do not warrant the aforecited assessment. 

(D) In addition to the requirements of 40 CFR 52.21(p)(1) as of November 29, 2005, the 

following requirements shall also apply: 

 Impacts on mandatory Class I federal areas include impacts on visibility. The 

preliminary determination that a source may affect air quality or visibility in a mandatory 

Class I federal area shall be made by the Department, based on screening criteria agreed 

upon by the Department and the Federal Land Manager. 

(E) In all instances wherein the aforesaid 40 CFR 51.301 and 40 CFR 52.21 refer to the 

Administrator or the Environmental Protection Agency, the reference, for the 

purposes of paragraph (A) of Reg. 19.904, shall be deemed to mean the Arkansas 
9-4

Department of Environmental Quality, unless the context plainly dictates otherwise, 

except in the following sections: 

 (1) Exclusion from increment consumption: 40 CFR 52.21(f)(1)(v), (f)(3), and 

 (f)(4)(I); 

 (2) Redesignation: 40 CFR 52.21(g)(1), (g)(2), (g)(4), (g)(5), and (g)(6); 

 (3) Air quality models: 40 CFR 52.21 (2). 

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

Annotated 1987 Section 8-3-101 et seq. 

(G) For the purpose of the regulation of GHGs, only the standards and requirements 

promulgated by EPA as of June 3, 2010, related to the permitting of GHG emissions 

shall apply to the requirements of 40 CFR 52.21, as of November 29, 2005, 

incorporated by reference at Reg.19.904(A). The following definitions and 

requirements shall also apply: 

(1) “Greenhouse gases” (GHGs) means the air pollutant defined as the aggregate 

group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, 

hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be 

subject to regulation except as provided in Reg. 19.904(G)(4) through 

Reg.19.904(G)(5). 

(2) For purposes of Reg. 19.904(G)(3) through Reg.19.904(G)(5),:

(a) tThe term tons per year (tpy) “CO2 equivalent emissions” (CO2e) shall 

represent an amount of GHGs emitted, and shall be computed as follows: 

(ia) Multiplying the mass amount of emissions in tpy, for each of the 

six greenhouse gases in the pollutant GHGs, by each gas’s 

associated global warming potential published at Table A - 1 to 

subpart A of 40 CFR part 98 - Global Warming Potentials (as of 

October 30, 2009); and 
9-5

(iib) Sum the resultant values from Reg. 19.904(G)(2)(a)(i) for each gas 

to compute a tpy CO2e.

(bc) For purposes of this definition, prior to July 21, 2014, the mass of the 

greenhouse gas carbon dioxide shall not include carbon dioxide emissions 

resulting from the combustion or decomposition of non-fossilized and 

biodegradable organic material originating from plants, animals, or microorganisms (including products, by-products, residues and waste from 

agriculture, forestry and related industries as well as the non-fossilized and 

biodegradable organic fractions of industrial and municipal wastes, 

including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material). 

(3) The term “emissions increase” as used in Reg. 19.904(G)(4) through Reg. 

19.904(G)(5) shall mean that both a significant emissions increase (as calculated 

using the procedures in 40 CFR 52.21(a)(2)(iv), as of November 29, 2005), and a 

significant net emissions increase (as defined in 40 CFR 52.21(b)(3), as of 

November 29, 2005, and 40 CFR 52.21(b)(23), as of November 29, 2005), occur. 

For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, and 

shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, 

and “significant” is defined as 75,000 tpy CO2e instead of applying the value in 

40 CFR 52.21(b)(23)(ii), as of November 29, 2005. 

(4) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if: 

(a) The stationary source is a new major stationary source for a regulated 

NSR pollutant that is not GHGs, and also will emit or will have the 

potential to emit GHGs at 75,000 tpy CO2e or more; or

(b) The stationary source is an existing major stationary source for a regulated 

NSR pollutant that is not GHGs, and also will have an emissions increase 

of a regulated NSR pollutant, and an emissions increase of GHGs of 

75,000 tpy CO2e or more. 
9-6

(5) Beginning July 1, 2011, in addition to the provisions in Reg.19.904(G)(4) of this 

section, the pollutant GHGs shall also be subject to regulation: 

(a) At a new stationary source that will emit or have the potential to emit 

100,000 tpy CO2e or more; or 

(b) At an existing stationary source that emits or has the potential to emit 

100,000 tpy CO2e or more, when such stationary source undertakes a 

physical change or change in the method of operation that will result in an 

emissions increase of 75,000 tpy CO2e or more. 

(6) If federal legislation or a federal court stays, invalidates, delays the effective date 

of, or otherwise renders unenforceable, in whole or in part, EPA’s regulation of 

greenhouse gases, then the provisions of Regulation 19 concerning greenhouse 

gases based thereon shall be stayed and shall not be enforceable until such time as 

the Commission makes a final decision on whether or not to revise Regulation 19 

due to the federal legislation or federal court order. 
Tab F 

Regulations with Changes Incorporated 
GHG Tailoring Rule 
; ·'11

Pollution Control and Ecology Commission #014.00-009

ARKANSAS POLLUTION CONTROL

AND ECOLOGY COMMISSION

Regulation No. 9

Fee Regulation

Adopted by the PC&E Commission June 22,2012
i 

REGULATION NO. 9 

FEE REGULATION 

TABLE OF CONTENTS 

CHAPTER 1: TITLE .................................................................................................................. 1-1

Reg.9.101 Title ...................................................................................................... 1-1

Reg.9.102 Purpose ................................................................................................. 1-1

Reg.9.103 Applicability ......................................................................................... 1-1

Reg.9.104 Severability ........................................................................................... 1-1

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

CHAPTER 3: PERMIT FEE PAYMENT .................................................................................. 3-1

Reg.9.301 Permit Fee Payment ............................................................................. 3-1

Reg.9.302 Refunds ................................................................................................. 3-2

CHAPTER 4: WATER PERMIT FEES ..................................................................................... 4-1

Reg.9.401 Maximum Water Permit Fees .............................................................. 4-1

Reg.9.402 General Provisions ............................................................................... 4-1

Reg.9.403 Fees for Permits Issued Under the National Pollutant Discharge 

Elimination System (NPDES) Permits. ................................................ 4-2

Reg.9.404 General Permits .................................................................................... 4-5

Reg.9.405 Fees for Non-NPDES Permits. ............................................................. 4-5

Reg.9.406 Fees for Underground Injection Control (UIC) Permits (Injection 

well classifications are defined in 40 CFR 144.6.) .............................. 4-6

Reg.9.407 Administrative Permit Amendments .................................................... 4-7

CHAPTER 5: AIR PERMIT FEES ............................................................................................ 5-1

Reg.9.501 Applicability ......................................................................................... 5-1

Reg.9.502 Terms Used in Fee Formulas ............................................................... 5-1

Reg.9.503 Initial Fees ............................................................................................ 5-1

Reg.9.504 Annual Fees .......................................................................................... 5-2

Reg.9.505 Modification Fees ................................................................................. 5-2

Reg.9.506 Administrative Permit Amendments and Renewal Permits ................. 5-3

Reg.9.507 General Permits .................................................................................... 5-3

Reg.9.508 Permit Fees for Certain Small Businesses Subject to Part 70 

Permitting Requirements ...................................................................... 5-3

CHAPTER 6: SOLID WASTE PERMIT FEES ......................................................................... 6-1

Reg.9.601 Maximum Amount of Solid Waste Permit Fee Collections ................. 6-1

Reg.9.602 Fee Categories ...................................................................................... 6-1

Reg.9.603 Initial Fees ............................................................................................ 6-1

Reg.9.604 Annual Fees .......................................................................................... 6-2

Reg.9.605 Modification Fees ................................................................................. 6-2

Reg.9.606 Permit Transfer Fees ............................................................................ 6-2

Reg.9.607 Post Closure Fees ................................................................................. 6-2

Reg.9.608 Administrative Permit Amendments .................................................... 6-2

Reg.9.609 General Permits .................................................................................... 6-3

CHAPTER 7: VARIANCES OR INTERIM AUTHORITY REQUESTS................................. 7-1

Reg.9.701 Processing Fee ...................................................................................... 7-1

Reg.9.702 Fees Non-Refundable ........................................................................... 7-1
ii

CHAPTER 8: LABORATORY CERTIFICATION FEE PROGRAM ...................................... 8-1

Reg.9.801 Laboratory Certification Fees .............................................................. 8-1

Reg.9.802 Laboratory Certification Travel Fees ................................................... 8-1

Reg.9.803 Failure to pay Laboratory Certification Fees ....................................... 8-1

CHAPTER 9: ADMINISTRATIVE PROCEDURES ................................................................ 9-1

Reg.9.901 Department Review of Fees ................................................................. 9-1

Reg.9.902 Appeals ................................................................................................. 9-1

Reg.9.903 Effective Date ....................................................................................... 9-1
1-1

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.” 

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 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.)

Reg.9.103 Applicability 

Permit fees established by this regulation shall be applicable to all water permits, including nodischarge 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. 

Reg.9.104 Severability 

If any provision of this Regulation or the application thereof to any person or circumstance is 

held invalid, such invalidity shall not effect 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. 
2-1

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: 

“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, 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. 

“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. 

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

“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 post-harvest residues are not sustained in the normal growing season over any significant 

portion of the lot or facility. 

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

successor. 

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

designated representative. 

“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. 
2-2

“EPA” means the United States Environmental Protection Agency. 

“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. 

“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, 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. 

“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. 

“Issue Date” means the date the Department signed the permit. 

"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. 

“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. 

“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 
2-3

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 “non-municipal 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. 

“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). 

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

analytic laboratory testing procedure. 

“Part 70 Permit” means an air permit that is issued pursuant to 40 CFR Part 70. 

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

“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. 
3-1

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 

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 
3-2

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 

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. 
5-1

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. 

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. 

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 

(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: 
5-2

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. 

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 

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. 
5-3

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. 

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: 

(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. 
9-1

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. 

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. 

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.
Transmittal Sheet * Use only for FINAL and EMERGENCY RULES

Secretary of State

Mark Martin

State Capitol, Suite 026

Little Rock, Arkansas 72201-1094

(501) 682-3527

www.sos.arkansas.gov

ARKANSAS REGISTER

ii~' ....-. ........ - "

For Office

Use Only:

Effective Date Code Number _

Name of Agency Arkansas Department of Environmental Quality

Department Arkansas Pollution Control & Ecology Commission

Con~ct Mike Bates E-mail bates@adeq.state.ar.Ph%ne (501) 682-0750

Statutory Authority for Promulgating Rules A. C. A. §8 -4 -2 01, § 8 -4 -202, §8 -4 - 304, & §8 -4 - 311

Rule Title: Reg. No.9, Permit Fee Regulations; Docket 11-007-R; MO 12-23

Adopted by State Agency 06/22/2012

Intended Effective Date

[Check One)

D Emergency (ACA 25-15-204)

D 30 Days After Filing (ACA 25-15-204)

D Other _ [Must be more than 30 days after filing date.)

Legal Notice Published

Final Date for Public Comment

Reviewed by Legislatice Council

Date

12/07/2012

01/31/2012

06/13/2012

Electronic Copy of Rule submitted under ACA 25-15-218 by:

Mike Bates bates@adeq.state.ar.us 06/29/2012

Contact Person E·mail Address Date

CERTIFICATION OF AUTHORIZED OFFICER

I Hereby Certify That The Attached Rules Were Adopted

In Compliance with Act 434 of 1967 the Arkansas Administrative Procedures Act. (ACA ~-15-201 et. ~.)

L I U'lU'l N

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Signature I ~:,:':" N

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(501) 682-7890 Charles.mOUlton@arkanSjsag:gov_~ Phone Number E-mail Address . ,( " ."

Administrativer Hearing Officer ~~,~_~:- Title II :>2::: .. (J);rn

06/29/2012 Date

, .,.."

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a

Revised 8/2011 to reflect new legislation passed in 2011.
ARKANSAS POLLUTION CONTROL & ECOLOGY COMMISSION

101 EAST CAPITOL

SUITE 205

LITTLE ROCK, ARKANSAS 72201

PHONE: (501) 682-7890

FAX: (501) 682-7891

June 29, 2012

Ms. Donna Davis

Administrative Rules and Regulations

Room 433, State Capitol Building

Little Rock, Arkansas 72201

~. .'\ ..

JUN 29 2J,2

E,..J r"\t::r\ U v F

LEGISLATIVE RESEARCH

Committee

RE: Regulation No.9, Permit Fee Regulation; Docket No. 11-007-

R - FINAL FILING.

Dear Ms. Davis:

I am enclosing the following for filing with your office:

1. Two (2) hard copies of the amendment to Regulation No.9,

Permit Fee Regulation.

2. Two (2) copies of Commission Minute Order No. 12-23

3. Two (2) copies of the Financial Impact Statement.

Please provide wri tten 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,

Charles Moulton

Administrative Hearing Officer

Enclosures
ARKANSAS STATE LIBRARY

Agency Certification FornI

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

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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. §8-4-201, §8-4-202, §8-4-304, and §8-4-311

Title of Rule: Regulation No 9, Permit Fee Regulations; Docket No 11-007-R; Minute Order No. 12-23.

Rule Status Effective Date Status Effective Date

o New RulelRegulation o Emergency

[?SJ Amended RulelRegulation [8J 10 Days after filing

July 9,2012

0 Repealed Rule/Regulation 0 Other

o Order 0 Repealed

o Emergency Rule/Regulation Adopted by State Agency

0 Rule above is proposed and will be replaced by final version

[8J Financial and/or Fiscal Impact Statement Attached

Certification of Authorized Officer

I hereby certify that the attached rnles were a7in compliance with Act 434 of 1967 as amended.

Signature: (7A..IL ~/I1A~ Date: June 29, 2012

Title: AdminiStrative Hearing Officer '-'" •

1/14/99
ARKANSAS POLLUTION CONTROL

AND ECOLOGY COMMISSION

MINUTE ORDER NO. 12 - ':.\3

SUBJECT Adoption of

Revisions to Regulation 9.

Fee Regulation

DOCKET NO. 1l-007-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.9, Fee Regulation.

PROMULGATED THIS 22nd DAY OF JUNE, 2012, BY ORDER OF THE ARKANSAS

POLLUTION CONTROL AND ECOLOGY COMMISSION.

ATTEST:

BY:

dULl\. t11{evL

Teresa Marks, Director

Chamberlin, Chairman

--------,f.,......:;-- D. Samples __-,--:;--- L. Sickel

0fJd: J. Simpson

J W. Thompson

,4...-,~B.White FV R.Young

~MTRSJ. Bates

_----'~~~--_ L. Bengal _______J. Chamberlin (Chair)

___J.Fox

____ D.Hendrix M L. Hitchcock 1l.;:>tJ'!'''''"' S. Jorgensen (Vice Chair)

~~~ SUBMITTED BY: Mike Bates PASSED: 06/22/12

()~. Chamberlin, Chair
I

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

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Adopted by the PC&E Commission June 22, 2012
i 

TABLE OF CONTENTS 

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

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

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

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

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

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

CHAPTER 3: PROTECTION OF THE NATIONAL AMBIENT AIR QUALITY 

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

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

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

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

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

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

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

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

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

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

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

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

Reg. 19.407 Permit Amendments ................................................................................... 4-6

Reg. 19.408 Exemption from Permitting ...................................................................... 4-10

Reg. 19.409 Transition .................................................................................................. 4-10

Reg. 19.410 Permit Revocation and Cancellation ........................................................ 4-10

Reg. 19.411 General Permits ........................................................................................ 4-11

Reg. 19.412 Dispersion Modeling ................................................................................ 4-12

Reg. 19.413 Confidentiality .......................................................................................... 4-12

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

Scenarios ............................................................................................ 4-14

Reg. 19.415 Changes Resulting in No Emissions Increases ......................................... 4-14

Reg. 19.416 Permit Flexibility ...................................................................................... 4-15

Reg. 19.417 Registration............................................................................................... 4-17
ii

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

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

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

Reg. 19.503 Visible Emission Regulations..................................................................... 5-1

Reg. 19.504 Stack Height/Dispersion Regulations ......................................................... 5-2

Reg. 19.505 Revised Emissions Limitation .................................................................... 5-2

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

Reg. 19.601 Upset Conditions ........................................................................................ 6-1

Reg. 19.602 Emergency Conditions ............................................................................... 6-2

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER 10: REGULATIONS FOR THE CONTROL OF VOLATILE ORGANIC 

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

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

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

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

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

Reg. 19.1005 Provisions for Specific Processes ......................................................... 10-12

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

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

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

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 ............................................................................................. 13-4

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 ....................................................................... 13-6

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

Reg. 19.1310 Owner/Operator Responsibility .............................................................. 13-7

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

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

CHAPTER 14: CAIR NOX OZONE SEASON TRADING PROGRAM GENERAL 

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

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

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

Reg. 19.1403 Timing Requirements for CAIR NOx Ozone Season Allowance 

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

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

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

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

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

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

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

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

Reg. 19.1506 Compliance Provisions ........................................................................... 15-6

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

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

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

APPENDIX A: INSIGNIFICANT ACTIVITIES LIST .................................................................1
2-1

CHAPTER 2: DEFINITIONS 

Terms and phrases used in this regulation which are not explicitly defined herein shall have the 

same meaning as those terms which are used in the federal Clean Air Act. For purposes of this 

regulation: 

“12-month period” means a period of 12 consecutive months determined on a rolling basis with 

a new 12-month period beginning on the first day of each calendar month. 

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

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

or amount of material processed. 

“CO2 equivalent emissions” (CO2e) shall represent an amount of GHGs emitted, and shall be 

computed by multiplying the mass amount of emissions tpy, for each of the six greenhouse gases 

in the pollutant GHGs, by the gas’s associated global warming potential published at Table A - 1 

to subpart A of 40 CFR part 98 - Global Warming Potentials (which is incorporated by reference 

as finalized by EPA as of October 30, 2009), and summing the resultant value for each to 

compute a tpy CO2 equivalent emissions. For purposes of this definition, prior to July 21, 2014, 

the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions 

resulting from the combustion or decomposition of non-fossilized and biodegradable organic 

material originating from plants, animals, or micro-organisms (including products, by-products, 

residues and waste from agriculture, forestry and related industries as well as the non-fossilized 

and biodegradable organic fractions of industrial and municipal wastes, including gases and 

liquids recovered from the decomposition of non-fossilized and biodegradable organic material). 

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

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

40 CFR 51.165, and 40 CFR 52.21. 

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

emission of any federally regulated air pollutants. 
2-2

“Department” means the Arkansas Department of Environmental Quality, or its successor. 

When reference is made in this regulation to actions taken by or with reference to the 

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

“Director” means the Director of the Arkansas Department of Environmental Quality, or its 

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

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

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

limits the emissions of federally regulated air pollutants on a continuous basis, including any 

requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or 

prescribe operation or maintenance procedures for a source to assure continuous emission 

reduction. 

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

has the potential to emit any federally regulated air pollutant. 

“EPA” means the United States Environmental Protection Agency. 

“Equipment” means any device, except equipment used for any mode of vehicular 

transportation, capable of causing the emission of a federally regulated air pollutant into the open 

air, and any stack, conduit, flue, duct, vent, or similar device connected or attached to or serving 

the equipment. 

“Federal Clean Air Act” or “Clean Air Act” or “FCAA” or “the Act” means the federal 

Clean Air Act, as amended, 42 U.S.C. 7401, et seq. and its implementing regulations as of the 

effective date of this regulation. 

“Federally regulated air pollutant” means the following: 

(A) Nitrogen oxides or any volatile organic compounds; 
2-3

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

 promulgated; 

(C) Except as provided in (E), any pollutant that is subject to any standard 

promulgated under 42 U.S.C. §§ 7401, et seq., as of the effective date of this 

regulation; 

(D) Any Class I or II substance subject to a standard promulgated under or established 

by Title VI of the Clean Air Act, 42 U.S.C.§§ 7401, et seq. as amended as of July 

1,1997.

(E) GHGs, except that GHGs shall not be a Federally Regulated Air Pollutant unless 

the GHG emissions are: 

(1) from a stationary source emitting or having the potential to emit 75,000 

tpy CO2e emissions or more; and 

(2) regulated under Chapter 9 of this Regulation 19. 

“Fugitive emissions” means those emissions which could not reasonably pass through a stack, 

chimney, vent, or other functionally equivalent opening. Those emissions are those that, 

according to customary and good engineering practice, considering technological and economic 

feasibility, could not pass through a stack, chimney, vent or other functionally-equivalent 

opening, except that the Department will utilize the definition of fugitive emissions for those 

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

are meeting that law or regulation. 

“Greenhouse gases” (GHGs) means the aggregate group of six greenhouse gases: carbon 

dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

“Hazardous Air Pollutant” or “HAP” means any air pollutant listed pursuant to § 112 of the 

Clean Air Act, as amended, 42 U.S.C. §§ 7401, et seq., as of the effective date of this regulation. 

“Modification” means any physical change in, or change in the method of operation of, a 

stationary source which increases the emission rate of any federally regulated air pollutant over 

permitted rates or which results in the emission of a federally regulated air pollutant not 
2-4

previously emitted, except that: 

 (A) Routine maintenance, repair, and replacement shall not be considered a physical 

 change, and 

 (B) The following shall not be considered a change in the method of operation: 

 (1) Any change in the production rate, if such change does not exceed the 

 permitted operating capacity of the source; 

 (2) Any change in the hours of operation, as long as it does not violate 

 applicable air permit conditions; or 

 (3) The use of an alternate fuel or raw material, as long as it does not violate 

 applicable air permit conditions. 

(C) De Minimis changes, as defined in Reg. 19.407(C), and changes in ownership 

shall not be considered. 

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

standards promulgated by the EPA in 40 CFR Part 50. 

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

the view of an object in the background. 

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

affected by these regulations. 

“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 
2-5

alternate method, specified in 40 CFR Part 60 Appendix A or by a test method specified in these 

regulations or any supplement thereto. 

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

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

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

two and one-half (2.5) micrometers. 

“PM10” means particulate matter with an aerodynamic diameter less than or equal to a nominal 

10 micrometers as measured by a reference method based on Appendix J of 40 CFR Part 50, or 

by an equivalent method designated in accordance with 40 CFR Part 53 as of December 8, 1984. 

“PM10 emissions” means PM10 emitted to the ambient air as measured by an applicable 

reference method, or an equivalent or alternate method, specified in 40 CFR Part 51, Appendix 

M as of December 8, 1984, or by a test method specified in these regulations or any supplement 

thereto. 

“Potential to emit” means the maximum capacity of a stationary source to emit a federally 

regulated air pollutant under its physical and operational design. Any physical or operational 

limitation on the capacity of the source to emit a federally regulated air pollutant, including, but 

not, limited to, air pollution control equipment and restrictions on hours of operation or on the 

type or amount of material combusted, stored, or processed, shall be treated as part of its design 

only if the limitation or the effect it would have on emissions is enforceable to the extent it is 

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

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

“Responsible official” means one of the following: 

 (A) For a corporation: a president, secretary, treasurer, or vice president of the 

 corporation in charge of a principal business function, or any other person who 

 performs similar policy or decision-making functions for the corporation, or a 

 duly authorized representative or such person if the representative is responsible 
2-6

 for the overall operation of one or more manufacturing, production, or operating 

 facilities applying for or subject to a permit and either: 

(1) The facilities employ more than 250 persons or have gross annual sales or 

expenditures exceeding $25 million (in second quarter 1980 United States 

dollars); or 

 (2) The delegation of authority to such representative is approved in advance 

 by the Department; 

(B) For partnership or sole proprietorship: a general partner or the proprietor, 

 respectively; 

(C) For a municipality, State, Federal, or other public agency: either a principal 

 executive officer or ranking elected official. For the purposes of this regulation, a 

 principal executive officer of a federal agency includes the chief executive officer 

 having responsibility for the overall operations of a principal geographic unit of 

 the agency (e.g., a Regional Administrator of EPA); or 

 (D) For acid rain sources: 

 (1) The designated representative insofar as actions, standards, requirements, 

 or prohibitions under Title IV of the Act or the regulations promulgated 

 thereunder are concerned; and 

 (2) The designated representative for any other purposes under Part 70. 

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

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

“Shutdown” means the cessation of operation of equipment. 

“Startup” means the setting in operation of equipment. 

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

emit any federally regulated air pollutant. 
2-7

“Title I modification” means any modification as defined under any regulation promulgated 

pursuant to Title I of the federal Clean Air Act. De minimis changes under Regulation 19, 

changes to state only permit requirements, administrative permit amendments, and changes to the 

insignificant activities list are not Title I modifications. 

“Volatile organic compounds” or “VOC” means any compound of carbon, excluding carbon 

monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium 

carbonate, which participates in atmospheric photochemical reactions. 

(A) This includes any such organic compound other than the following, which have 

been determined to have negligible photochemical reactivity: 

acetone; 

methane; 

ethane; 

methylene chloride (dichloromethane); 

1,1,1- trichloroethane (methyl chloroform); 

tetrachloroethylene (perchloroethylene); 

1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); 

trichlorofluoromethane (CFC-11); 

dichlorodifluoromethane (CFC-12); 

chlorodifluoromethane (HCFC-22); 

trifluoromethane (HFC-23); 

1,2-dichloro 1,1, 2, 2-tetrafluoroethane (CFC-114); 

chloropentafluoroethane (CFC-115); 

1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); 

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

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

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

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

pentaflurorethane (HFC-125); 

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

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

1,1-difluoroethane (HFC-152a); 

parachlorobenzotrifluoride (PCBTF); 

cyclic, branched, or linear completely methylated siloxanes; 

3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); 

1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb); 

1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee); 

difluoromethane (HFC-32); 
2-8

ethylfluoride (HFC-161); 

1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 

1,1,2,2,3-pentafluoropropane (HFC-245ca); 

1,1,2,3,3-pentafluoropropane (HFC 245ea); 

1,1,1,2,3-pentafluoropropane (HFC-245eb); 

1,1,1,3,3-pentafluoropropane (HFC-245fa); 

1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 

1,1,1,3,3-pentafluorobutane (HFC-365mfc); 

chlorofluoromethane (HCFC-31); 

1 chloro-1-fluoroethane (HCFC-151a); 

1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a); 

1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or HFE-7100);

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

 ((CF3)2CFCF2OCH3);

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

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

 ((CF3)2CFCF2OC2H5);

methyl acetate; 

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

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

 (HFE-7500) 

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

methyl formate (HCOOCH3) 

1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300); 

and perfluorocarbon compounds which fall into these classes: 

 (1) cyclic, branched, or linear, completely fluorinated alkanes; 

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

 unsaturations; 

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

 unsaturations; and 

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

 bonds only to carbon and fluorine. 

(B) For purposes of determining compliance with emission limits, VOC will be 

measured by the test methods in the approved State Implementation Plan (SIP) or 

40 CFR Part 60, Appendix A, as of July 1, 1997, as applicable. Where such a 

method also measures compounds with negligible photochemical reactivity, these 
2-9

negligibly-reactive compounds may be excluded as VOC if the amount of such 

compounds is accurately quantified, and such exclusion is approved by the 

Department. 

(C) As a precondition to excluding these compounds as VOC or at any time 

 thereafter, the Department may require an owner or operator to provide 

 monitoring or testing results demonstrating, to the satisfaction of the Department, 

 the amount of negligibly-reactive compounds in the source’s emissions. 

(D) The following compound(s) are VOC for purposes of all recordkeeping, 

emissions reporting, photochemical dispersion modeling and inventory 

requirements which apply to VOC and shall be uniquely identified in emission 

reports, but are not VOC for purposes of VOC emissions limitations or VOC 

content requirements: t-butyl acetate. 
4-1

CHAPTER 4: MINOR SOURCE REVIEW 

Reg. 19.401 General Applicability 

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

source, whose actual emissions are: 

75 tons per year or more of carbon monoxide; 

40 tons per year or more of nitrogen oxides; 

40 tons per year or more of sulfur dioxide; 

40 tons per year or more of volatile organic compounds; 

15 tons per year or more of PM10; 

0.5 tons per year or more of lead; 

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

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

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

Reg. 19.402 Approval Criteria 

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

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

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

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

quality standard. 

Reg. 19.403 Owner/Operator's Responsibilities 

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

to comply with applicable portions of this regulation. 
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 information on the location, design, and operation of stationary source as the 

 Department may reasonably require. 

(B) Duty to Supplement Submittal 

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

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

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

deadline for a response. 

(C) Duty to Correct Submittal 

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

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

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

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

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

Reg. 19.405 Action on Application 

(A) Technical Review 

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

their reasonable satisfaction that: 
4-3

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

 interfering with attainment or maintenance of a national ambient air quality 

 standard; 

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

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

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

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

 in a violation of any applicable provisions of this regulation; 

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

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

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

 that the calculations are translated into enforceable limits on operational 

 parameters rather than emissions. 

(B) Proposed Action 

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

met, they shall prepare a draft permit which: 

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

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

regulated air pollutant emitting equipment at the stationary source except 

pollutants or equipment specifically exempt or as specifically provided 

for in paragraph (c) below; and 

(c) establishes Best Available Control Technology (BACT) permitted 

emission rates, emission limitations or other enforceable conditions for 

GHG emissions pursuant to Chapter 9 of this Regulation, if applicable. 

Draft permits for facilities not subject to a BACT determination in regard 

to GHG emissions pursuant to the provisions at Chapter 9 of this 

Regulation shall not contain permitted emission rates, emission limitations 

or other enforceable conditions related to GHG emissions. However, the 
4-4

applicant may request that the Department include permitted emission 

rates, emission limitations or other enforceable conditions related to GHG 

emissions in the draft permit in order to set enforceable limits for the 

purpose of establishing synthetic minor status. In the event any provision 

of Regulation 19 is found to be in conflict with this Section 19.405(B)(1), 

this Section shall take precedence. 

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

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

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

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

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

19.406.

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

 application for a major modification which contains such information as required 

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

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

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

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

 petition the Commission for relief from Department inaction. The Commission 

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

(C) Final Action 

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

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

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

its final action. 

Reg. 19.406 Public Participation 

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

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

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

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

(B) Public Availability of Information 

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

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

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

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

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

 decision; 

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

 latest newspaper notice, ending on the date 30 days later); 

 (3) A publication in a newspaper of general circulation in the area where the source is 

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

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

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

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

 comment; 

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

 owner/operator and to the: 

 (a) Regional Administrator of the United States Environmental Protection 

 Agency; 

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

 constructed or modified; 

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

 constructed or modified; and 
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 (d) appropriate air pollution control agencies of adjoining states if the 

 construction or modification of the source will impact air quality in 

 adjoining states. 

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

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

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

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

Reg. 19.407 Permit Amendments 

(A) Administrative Permit Amendments 

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

 (a) corrects a typographical error; 

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

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

 in the source; 

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

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

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

 emission units; or 

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

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

 incorporate such revisions without providing notice to the public. 

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

 administrative amendment immediately upon approval. 

(B) Change in Ownership 

 (1) Permits issued under this regulation shall remain freely transferable provided: 
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 (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, Administrative Procedures, or other such documents as required by the 

Department. 

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

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

 statement and other investigation which he or she deems appropriate, that: 

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

or regulations of this state or any other jurisdiction; 

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

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

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

state; or 

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

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

applicant to the extent of being capable of significantly influencing the 

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

the environment. 

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

name. 

(C) De Minimis Changes 

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

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

 change; and 

 (b) the change will result in a trivial environmental impact. 
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 (2) The environmental impact of a proposed change generally will be considered 

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

 account any corresponding emission reductions, will: 

 (a) be less than the following amounts: 

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

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

volatile organic compounds; 

(iii) Twenty-five (25) tons per year of particulate matter emissions; 

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

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

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

Pollutant De Minimis

Concentration

Averaging Time

carbon monoxide 500 μg/m38-hour

nitrogen dioxide 10 μg/m3annual

PM10 8 μg/m324-hour

sulfur dioxide 18 μg/m324-hour

lead 0.1 μg/m33-month

(3) A proposed change will be considered De Minimis if the increases are less than 

75,000 tpy of CO2e and other pollutant emission increases otherwise qualify as 

De Minimis under this section. 

 (4) The following changes will not be considered De Minimis changes: 
4-9

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

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

 source; 

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

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

limitation established pursuant to Best Available Control Technology 

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

amended as of February 15, 1999; 

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

 regulation; 

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

 to avoid an applicable requirement to which the source would otherwise 

 be subject; 

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

 reporting, or recordkeeping requirements; or 

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

 determine eligibility. 

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

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

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

 processed as a permit modification with public notice and reconstruction 

 requirements. Deliberate misrepresentation may be grounds for permit 

 revocation. 

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

 the Department. 

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

 incorporate De Minimis changes without providing notice to the public. The 
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 applicant may implement De Minimis changes immediately upon approval by the 

 Department. 

Reg. 19.408 Exemption from Permitting 

(A) Insignificant Activities 

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

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

(B) Grandfathering 

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

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

Reg. 19.409 Transition 

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

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

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

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

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

Reg. 19.410 Permit Revocation and Cancellation 

(A) Revocation 

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

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

 (1) Violation of any condition of the permit; 

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

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

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

 reduction or elimination of the permitted emission. 

(B) Cancellation 

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

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

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

Reg. 19.411 General Permits 

(A) General Authority 

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

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

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

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

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

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

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

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

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

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

terms of the general permit. 

(B) Application 

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

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

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

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

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

 existing permit is filed with the Department, the Department shall cause notice of 
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 the application to be published in a newspaper of general circulation in the county 

 in which the proposed facility is to be located. 

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

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

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

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

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

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

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

Reg. 19.412 Dispersion Modeling 

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

requirements of this chapter. 

(A) General 

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

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

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

(B) Substitution 

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

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

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

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

must be obtained for any modification or substitution. 

Reg. 19.413 Confidentiality 

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

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

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

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

production that: 

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

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

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

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

 secrecy. 

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

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

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

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

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

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

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

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

 secret.” 

If an applicant anticipates numerous permit modifications that may involve regulatory 

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

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

claims. 

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

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

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

publication of any draft permit. In the event the Department does not make such 

determination prior to permit issuance, the information shall be deemed confidential 

until a request is made. If a third party request to review information claimed as 

confidential is received before the Department provides its written determination 

concerning the claim, the Department shall not release such information before 
4-14

notifying the applicant of the request. The Department shall notify the applicant of 

the request and the Department’s determination on the confidentiality claim at least 

two business days before releasing the information, at which time the applicant may 

choose to supplement its affidavit supporting confidentiality or seek legal recourse. 

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

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

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

The Department will not accept applications that are deemed totally confidential 

except under extraordinary circumstances guaranteeing future disclosure at a 

meaningful time for public review. 

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

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

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

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

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

scenarios in the permit. 

Reg. 19.415 Changes Resulting in No Emissions Increases 

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

permit revision if the changes: 

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

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

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

(C) Do not violate applicable requirements; and 

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

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

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

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

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

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

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

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

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

Reg. 19.416 Permit Flexibility 

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

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

receives written approval from the Department. The Department may grant such a 

request, at its discretion, in the following circumstances: 

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

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

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

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

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

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

cannot be met. 

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

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

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

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

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

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

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

exceed a permitted emission rate, throughput requirement or other limit in a 

facility’s permit; 
4-16

(2) Such a request does not violate a federal requirement; 

(3) Such a request is temporary in nature; 

(4) Such a request will not result in a condition of air pollution; 

(5) The request contains such information necessary for the Department to evaluate 

the request, including but not limited to, quantification of such emissions and the 

date and time such emission will occur; 

(6) Such a request will result in increased emissions less than five tons of any 

individual criteria pollutant, one ton of any single HAP and 2.5 tons of total 

HAPs; and

(7) The permittee 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: 

(1) The permittee operator of the facility makes such a request in writing at least 30 

days in advance of the first date that the monitoring alternative will be used at the 

facility; 

(2) Such a request does not violate a federal requirement; 

(3) The monitoring alternative provides an equivalent or greater degree of actual 

monitoring to the requirements in the facility’s operating permit; and 

(4) Any such request, if approved by the Department, is incorporated into the next 

permit modification application by the permittee of the facility. 
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CHAPTER 9: PREVENTION OF SIGNIFICANT DETERIORATION 

Reg. 19.901 Title 

The following rules and regulations of the Arkansas Pollution Control and Ecology Commission, 

adopted in accordance with the provisions of Part II of the Arkansas Water and Air Pollution 

Control Act at A.C.A §§8-4-101 et seq., shall be known as the Prevention of Significant 

Deterioration Regulations of the Arkansas Plan of Implementation for Air Pollution Control, 

hereinafter referred to, respectively, as the “PSD Regulations.” 

Reg. 19.902 Purposes 

Promulgation and enforcement of these PSD Regulations is intended to further the purposes of 

the Plan and the Regulations of the Plan, including, but not limited to, acceptance of delegation 

by the EPA of authority for enforcement of regulations governing the prevention of significant 

deterioration of air quality and regulations governing the protection of visibility in mandatory 

Class I federal areas. 

Reg. 19.903 Definitions 

(A) "Advance notification" (of a permit application) means any written communication 

which establishes the applicant's intention to construct, and which provides the 

Department with sufficient information to determine that the proposed source may 

constitute a major new source or major modification, and that such source may affect 

any mandatory Class I federal area, including, but not limited to, submittal of a draft 

or partial permit application, a PSD monitoring plan, or a sufficiently detailed letter. 

"Advance notification" does not include general inquiries about the Department's 

regulations. 

(B) All other terms used herein shall have the same meaning as set forth in Chapter 2 of 

Regulation 19 or in 40 CFR 52.21(b) [PSD] and 40 CFR 51.301 [Protection of 

Visibility] as of November 29, 2005, all as in effect upon the latest date of 

amendment of this supplement, unless manifestly inconsistent with the context in 

which they are used. Wherever there is a difference between the definitions in 

Chapter 2 of Regulation 19 and those listed in 40 CFR 52.21(b) and 40 CFR 51.301, 
9-2

the federal definitions as listed in 40 CFR 52.21(b) and 40 CFR 51.301 as of 

November 29, 2005, shall apply. 

(C) The definition for “routine maintenance, repair and replacement” in 40 CFR 

52.21(b)(2)(iii)(a) is not incorporated.

Reg. 19.904 Adoption of Regulations 

(A) Except where manifestly inconsistent with the provisions of the Clean Air Act, as 

amended, or with federal regulations adopted pursuant thereto, and as amended 

specifically herein by paragraphs (B), (C), (D), (E), and (F) of Reg. 19.904, the 

Arkansas Department of Environmental Quality shall have those responsibilities and 

that authority, with reference to the State of Arkansas, granted to the Administrator 

of the EPA under 40 CFR 52.21 (a)(2) through (bb), as in effect on November 29, 

2005, which are hereby incorporated herein by reference, with the exception of 40 

CFR 52.21(b)(55-58), 40 CFR 52.21(i) (9), and 40 CFR 52.21(cc), which are not 

incorporated. In the absence of a specific imposition of responsibility or grant of 

authority, the Department shall be deemed to have that responsibility and authority 

necessary to attain the purposes of the Plan, these PSD Regulations, and the 

applicable federal regulations, as incorporated herein by reference. 

(B) Exclusions from the consumption of increments, as provided in 40 CFR 

51.166(f)(1)(iii) as of November 29, 2005, shall be effective immediately. 

Submission of this Plan under the Governor's signature constitutes a request by the 

Governor for this exclusion. 

(C) In addition to the requirements of 40 CFR 52.21(o) as of November 29, 2005, the 

following requirements [designated as Reg. 19.904(C)(1),(2),(3) and (4)] shall also 

apply: 

(1) Where air quality impact analyses required under this part indicate that the 

issuance of a permit for any major stationary source or for any major 

modification would result in the consumption of more than fifty percent (50%) of 

any available annual increment or eighty percent (80%) of any short term 

increment, the person applying for such a permit shall submit to the Department 

an assessment of the following factors: 
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(a) Effects that the proposed consumption would have upon the 

industrial and economic development within the area of the 

proposed source; and 

(b) Alternatives to such consumption, including alternative siting of 

the proposed source or portions thereof. 

(2) The assessment required under subparagraph (4) above shall be made part of the 

application for permit and shall be made available for public inspection as 

provided in 40 CFR 52.21(q) as of November 29, 2005. 

(3) The assessment required under subparagraph (4) above shall be in detail 

commensurate with the degree of proposed increment consumption, both in terms 

of the percentage of increment consumed and the area affected. 

(4) The assessment required under subparagraph (4) above may be made effective 

where a proposed source would cause an increment consumption less than that 

specified in said subparagraph if the Director finds that unusual circumstances 

exist in the area of the proposed source which warrant such an assessment. The 

Director shall notify the applicant in writing of those circumstances which warrant 

said assessment. The Commission may rescind or modify the Director's action, 

upon a showing by the applicant that the circumstances alleged by the Director 

either do not exist or do not warrant the aforecited assessment. 

(D) In addition to the requirements of 40 CFR 52.21(p)(1) as of November 29, 2005, the 

following requirements shall also apply: 

 Impacts on mandatory Class I federal areas include impacts on visibility. The 

preliminary determination that a source may affect air quality or visibility in a mandatory 

Class I federal area shall be made by the Department, based on screening criteria agreed 

upon by the Department and the Federal Land Manager. 

(E) In all instances wherein the aforesaid 40 CFR 51.301 and 40 CFR 52.21 refer to the 

Administrator or the Environmental Protection Agency, the reference, for the 

purposes of paragraph (A) of Reg. 19.904, shall be deemed to mean the Arkansas 
9-4

Department of Environmental Quality, unless the context plainly dictates otherwise, 

except in the following sections: 

 (1) Exclusion from increment consumption: 40 CFR 52.21(f)(1)(v), (f)(3), and 

 (f)(4)(I); 

 (2) Redesignation: 40 CFR 52.21(g)(1), (g)(2), (g)(4), (g)(5), and (g)(6); 

 (3) Air quality models: 40 CFR 52.21 (2). 

(F) Redesignation of air quality areas in Arkansas shall comply with Arkansas Code 

Annotated 1987 Section 8-3-101 et seq. 

(G) For the purpose of the regulation of GHGs, only the standards and requirements 

promulgated by EPA as of June 3, 2010, related to the permitting of GHG emissions 

shall apply to the requirements of 40 CFR 52.21, as of November 29, 2005, 

incorporated by reference at Reg.19.904(A). The following definitions and 

requirements shall also apply: 

(1) “Greenhouse gases” (GHGs) means the air pollutant defined as the aggregate 

group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, 

hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be 

subject to regulation except as provided in Reg. 19.904(G)(4) through 

Reg.19.904(G)(5). 

(2) For purposes of Reg. 19.904(G)(3) through Reg.19.904(G)(5), the term tons per 

year (tpy) “CO2 equivalent emissions” (CO2e) shall represent an amount of GHGs 

emitted, and shall be computed as follows: 

(a) Multiplying the mass amount of emissions in tpy, for each of the six 

greenhouse gases in the pollutant GHGs, by each gas’s associated global 

warming potential published at Table A - 1 to subpart A of 40 CFR part 98 

- Global Warming Potentials (as of October 30, 2009); and 

(b) Sum the resultant values from Reg. 19.904(G)(2)(a) for each gas to 

compute a tpy CO2e.
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(c) For purposes of this definition, prior to July 21, 2014, the mass of the 

greenhouse gas carbon dioxide shall not include carbon dioxide emissions 

resulting from the combustion or decomposition of non-fossilized and 

biodegradable organic material originating from plants, animals, or microorganisms (including products, by-products, residues and waste from 

agriculture, forestry and related industries as well as the non-fossilized and 

biodegradable organic fractions of industrial and municipal wastes, 

including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material). 

(3) The term “emissions increase” as used in Reg. 19.904(G)(4) through Reg. 

19.904(G)(5) shall mean that both a significant emissions increase (as calculated 

using the procedures in 40 CFR 52.21(a)(2)(iv), as of November 29, 2005), and a 

significant net emissions increase (as defined in 40 CFR 52.21(b)(3), as of 

November 29, 2005, and 40 CFR 52.21(b)(23), as of November 29, 2005), occur. 

For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, and 

shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, 

and “significant” is defined as 75,000 tpy CO2e instead of applying the value in 

40 CFR 52.21(b)(23)(ii), as of November 29, 2005. 

(4) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if: 

(a) The stationary source is a new major stationary source for a regulated 

NSR pollutant that is not GHGs, and also will emit or will have the 

potential to emit GHGs at 75,000 tpy CO2e or more; or

(b) The stationary source is an existing major stationary source for a regulated 

NSR pollutant that is not GHGs, and also will have an emissions increase 

of a regulated NSR pollutant, and an emissions increase of GHGs of 

75,000 tpy CO2e or more. 

(5) Beginning July 1, 2011, in addition to the provisions in Reg.19.904(G)(4) of this 

section, the pollutant GHGs shall also be subject to regulation: 

(a) At a new stationary source that will emit or have the potential to emit 
9-6

100,000 tpy CO2e or more; or 

(b) At an existing stationary source that emits or has the potential to emit 

100,000 tpy CO2e or more, when such stationary source undertakes a 

physical change or change in the method of operation that will result in an 

emissions increase of 75,000 tpy CO2e or more. 

(6) If federal legislation or a federal court stays, invalidates, delays the effective date 

of, or otherwise renders unenforceable, in whole or in part, EPA’s regulation of 

greenhouse gases, then the provisions of Regulation 19 concerning greenhouse 

gases based thereon shall be stayed and shall not be enforceable until such time as 

the Commission makes a final decision on whether or not to revise Regulation 19 

due to the federal legislation or federal court order. 
ARKANSAS POLLUTION CONTROL 

AND ECOLOGY COMMISSION

REGULATION NO. 19

APPENDIX A

Insignificant Activities List
A-1

APPENDIX A: INSIGNIFICANT ACTIVITIES LIST 

The following types of activities or emissions are deemed insignificant on the basis of size, 

emission rate, production rate, or activity. Certain of these listed activities include qualifying 

statements intended to exclude many similar activities. By such listing, the Department exempts 

certain sources or types of sources from the requirements to obtain a permit or plan under this 

regulation. Listing in this part has no effect on any other law to which the activity may be 

subject. Any activity for which a state or federal applicable requirement applies (such as NSPS, 

National Emission Standards for Hazardous Air Pollutants [NESHAP], or Maximum Achievable 

Control Technology [MACT]) is not insignificant, even if this activity meets the criteria below. 

Group A 

The following emission units, operations, or activities must either be listed as insignificant or 

included in the permit application as sources to be permitted. The listing of insignificant sources 

does not necessarily mean that the emissions from these sources must be quantified. 

1. Fuel burning equipment with a design rate less than 10 MMBtu per hour, provided that 

the aggregate air pollutant specific emissions from all such units listed as insignificant do 

not exceed 5 tons per year (tpy) of any combination of HAPs, 75000 tpy carbon dioxide, 

and 10 tpy of any other air pollutant. 

2. Storage tanks less than or equal to 250 gallons storing organic liquids having a true vapor 

 pressure less than or equal to 3.5 psia, provided that the aggregate air pollutant specific 

 emissions from all such liquid storage tanks listed as insignificant do not exceed 5 tpy of 

 any combination of HAPs and 10 tpy of any other air pollutant. 

3. Storage tanks less than or equal to 10,000 gallons storing organic liquids having a true 

 vapor pressure less than or equal to 0.5 psia, provided that the aggregate air pollutant 

 specific emissions from all such liquid storage tanks listed as insignificant do not exceed 

 5 tpy of any combination of HAPs and 10 tpy of any other air pollutant. 

4. Caustic storage tanks that contain no VOCs. 

5. Emissions from laboratory equipment/vents used exclusively for routine chemical or 

 physical analysis for quality control or environmental monitoring purposes provided that 

 the aggregate air pollutant specific emissions from all such equipment/vents considered 
A-2

 insignificant do not exceed 5 tpy of any combination of HAPs and 10 tpy of any other 

 air pollutant. 

6. Non-commercial water washing operations of empty drums less than or equal to 55 

 gallons with less than three percent of the maximum container volume of material. 

7. Welding or cutting equipment related to manufacturing activities that do not result in 

 aggregate emissions of HAPs in excess of 0.1 tpy. 

8. Containers of less than or equal to 5 gallons in capacity that do not emit any detectable 

 VOCs or HAPs when closed. This includes filling, blending, or mixing of the contents of 

 such containers by a retailer. 

9. Equipment used for surface coating, painting, dipping, or spraying operations, provided 

 the material used contains no more than 0.4 lb/gal VOCs, no hexavalent chromium, and 

 no more than 0.1 tpy of all other HAPs. 

10. Non-production equipment approved by the Department, used for waste treatability 

studies or other pollution prevention programs provided that the emissions are less than 

10 tpy of any air pollutant regulated under this regulation or less than 2 tpy of a single 

HAP or 5 tpy of any combination of HAPs.1

11. Operation of groundwater remediation wells, including emissions from the pumps and 

 collection activities provided that the emissions are less than 10 tpy of any air pollutant 

 regulated under this regulation or less than 2 tpy of a single HAP or 5 tpy of any 

 combination of HAPs. This does not include emissions from air-stripping or storage. 

12. Emergency use generators, boilers, or other fuel burning equipment that is of equal or 

 smaller capacity than the primary operating unit, cannot be used in conjunction with the 

 primary operating unit, and does not emit or have the potential to emit regulated air 

 pollutants in excess of the primary operating unit and not operated more than 90 days a 

 year. This does not apply to generators which provide electricity to the distribution grid. 

13. Other activities for which the facility demonstrates that no enforceable permit conditions 

are necessary to ensure compliance with any applicable law or regulation provided that 

 

1

 The treatability study or pollution prevention program must be approved separately. The activity creating the 

emissions must also be determined to be insignificant as discussed in the introduction to this group. 
A-3

the emissions are less than 75,000 tpy carbon dioxide, 1 tpy of a single HAP or 2.5 tpy of 

any combination of HAPs, or 5 tpy of any other air pollutant regulated under this 

regulation. These emission limits apply to the sum of all activities listed under this 

group. 

Group B 

The following emission units, operations, or activities need not be included in a permit 

application: 

1. Combustion emissions from propulsion of mobile sources and emissions from refueling 

 these sources unless regulated by Title II and required to obtain a permit under Title V of 

 the federal Clean Air Act, as amended. This does not include emissions from any 

 transportable units, such as temporary compressors or boilers. This does not include 

 emissions from loading racks or fueling operations covered under any applicable federal 

 requirements. 

2. Air conditioning and heating units used for comfort that do not have applicable 

 requirements under Title VI of the Act. 

3. Ventilating units used for human comfort that do not exhaust air pollutants into the 

 ambient air from any manufacturing/industrial or commercial process. 

4. Non-commercial food preparation or food preparation at restaurants, cafeterias, or 

 caterers, etc. 

5. Consumer use of office equipment and products, not including commercial printers or 

 business primarily involved in photographic reproduction. 

6. Janitorial services and consumer use of janitorial products. 

7. Internal combustion engines used for landscaping purposes. 

8. Laundry activities, except for dry-cleaning and steam boilers. 

9. Bathroom/toilet emissions. 

10. Emergency (backup) electrical generators at residential locations. 
A-4

11. Tobacco smoking rooms and areas. 

12. Blacksmith forges. 

13. Maintenance of grounds or buildings, including: lawn care, weed control, pest control, 

 and water washing activities. 

14. Repair, up-keep, maintenance, or construction activities not related to the source’s 

 primary business activity, and not otherwise triggering a permit modification. This may 

 include, but is not limited to such activities as general repairs, cleaning, painting, 

 welding, woodworking, plumbing, re-tarring roofs, installing insulation, paved/paving 

 parking lots, miscellaneous solvent use, application of refractory, or insulation, brazing, 

 soldering, the use of adhesives, grinding, and cutting.2

15. Surface-coating equipment during miscellaneous maintenance and construction activities. 

 This activity specifically does not include any facility whose primary business activity is 

 surface-coating or includes surface-coating or products. 

16. Portable electrical generators that can be “moved by hand” from one location to another.3

17. Hand-held equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning, 

or machining wood, metal, or plastic. 

18. Brazing or soldering equipment related to manufacturing activities that do not result in 

 emission of HAPs.4

19. Air compressors and pneumatically operated equipment, including hand tools. 

20. Batteries and battery charging stations, except at battery manufacturing plants. 

 

2 Cleaning and painting activities qualify if they are not subject to VOC or HAP control requirements. Asphalt 

batch plant owners/operators must get a permit. 

3

 "Moved by hand" means that it can be moved by one person without assistance of any motorized or non-motorized 

vehicle, conveyance, or device. 

4

 Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and construction activities 

that emit HAP metals are more appropriate for treatment as insignificant activities based on size or production 

thresholds. Brazing, soldering, and welding equipment, and cutting torches related directly to plant maintenance and 

upkeep and repair or maintenance shop activities that emit HAP metals are treated as trivial and listed separately in 

this appendix. 
A-5

21. Storage tanks, vessels, and containers holding or storing liquid substances that do not 

 contain any VOCs or HAPs.5

22. Storage tanks, reservoirs, and pumping and handling equipment of any size containing 

 soaps, vegetable oil, grease, animal fat, and no volatile aqueous salt solutions, provided 

 appropriate lids and covers are used and appropriate odor control is achieved. 

23. Equipment used to mix and package soaps, vegetable oil, grease, animal fat, and non-

 volatile aqueous salt solutions, provided appropriate lids and covers are used and 

 appropriate odor control is achieved. 

24. Drop hammers or presses for forging or metalworking. 

25. Equipment used exclusively to slaughter animals, but not including other equipment at 

 slaughter-houses, such as rendering cookers, boilers, heating plants, incinerators, and 

 electrical power generating equipment. 

26. Vents from continuous emissions monitors and other analyzers. 

27. Natural gas pressure regulator vents, excluding venting at oil and gas production 

 facilities. 

28. Hand-held applicator equipment for hot melt adhesives with no VOCs in the adhesive. 

29. Lasers used only on metals and other materials which do not emit HAPs in the process. 

30. Consumer use of paper trimmers/binders. 

31. Electric or steam-heated drying ovens and autoclaves, but not the emissions from the 

 articles or substances being processed in the ovens or autoclaves or the boilers delivering 

 the steam. 

32. Salt baths using non-volatile salts that do not result in emissions of any air pollutant 

 covered by this regulation. 

33. Laser trimmers using dust collection to prevent fugitive emissions. 

 

5

 Exemptions for storage tanks containing petroleum liquids or other volatile organic liquids are based on size and 

limits including storage tank capacity and vapor pressure of liquids stored and are not appropriate for this list. 
A-6

34. Bench-scale laboratory equipment used for physical or chemical analysis not including 

 lab fume hoods or vents. 

35. Routine calibration and maintenance of laboratory equipment or other analytical 

 instruments. 

36. Equipment used for quality control/assurance or inspection purposes, including sampling 

 equipment used to withdraw materials for analysis. 

37. Hydraulic and hydrostatic testing equipment. 

38. Environmental chambers not using hazardous air pollutant gases. 

39. Shock chambers, humidity chambers, and solar simulators. 

40. Fugitive emissions related to movement of passenger vehicles, provided the emissions are 

 not counted for applicability purposes and any required fugitive dust control plan or its 

 equivalent is submitted. 

41. Process water filtration systems and demineralizers. 

42. Demineralized water tanks and demineralizer vents. 

43. Boiler water treatment operations, not including cooling towers. 

44. Emissions from storage or use of water treatment chemicals, except for hazardous air 

pollutants or pollutants listed under regulations promulgated pursuant to Section 112(r) of 

the Act as of July 1, 1997, for use in cooling towers, drinking water systems, and boiler 

water/feed systems. 

45. Oxygen scavenging (de-aeration) of water. 

46. Ozone generators. 

47. Fire suppression systems. 

48. Emergency road flares. 

49. Steam vents and safety relief valves. 

50. Steam leaks. 
A-7

51. Steam cleaning operations. 

52. Steam and microwave sterilizers. 

53. Site assessment work to characterize waste disposal or remediation sites. 

54. Miscellaneous additions or upgrades of instrumentation. 

55. Emissions from combustion controllers or combustion shutoff devices but not 

 combustion units itself. 

56. Use of products for the purpose of maintaining motor vehicles operated by the facility, 

not including air cleaning units of such vehicles (i.e. antifreeze, fuel additives). 

57. Stacks or vents to prevent escape of sanitary sewer gases through the plumbing traps. 

58. Emissions from equipment lubricating systems (i.e. oil mist), not including storage tanks, 

 unless otherwise exempt. 

59. Residential wood heaters, cookstoves, or fireplaces. 

60. Barbecue equipment or outdoor fireplaces used in connection with any residence or 

 recreation. 

61. Log wetting areas and log flumes. 

62. Periodic use of pressurized air for cleanup. 

63. Solid waste dumpsters. 

64. Emissions of wet lime from lime mud tanks, lime mud washers, lime mud piles, lime 

 mud filter and filtrate tanks, and lime mud slurry tanks. 

65. Natural gas odoring activities unless the Department determines that emissions constitute 

 air pollution. 

66. Emissions from engine crankcase vents. 

67. Storage tanks used for the temporary containment of materials resulting from an 

 emergency reporting to an unanticipated release. 
A-8

68. Equipment used exclusively to mill or grind coatings in roll grinding rebuilding, and 

 molding compounds where all materials charged are in paste form. 

69. Mixers, blenders, roll mills, or calendars for rubber or plastic for which no materials in 

powder form are added and in which no hazardous air pollutants, organic solvents, 

diluents, or thinners are used or emitted. 

70. The storage, handling, and handling equipment for bark and wood residues not subject to 

 fugitive dispersion offsite (this applies to the equipment only). 

71. Maintenance dredging of pulp and paper mill surface impoundments and ditches 

 containing cellulosic and cellulosic derived biosolids and inorganic materials such as 

 lime, ash, or sand. 

72. Tall oil soap storage, skimming, and loading. 

73. Water heaters used strictly for domestic (non-process) purposes. 

74. Facility roads and parking areas, unless necessary to control offsite fugitive emissions. 

75. Agricultural operations, including onsite grain storage, not including internal combustion 

engines or grain elevators. 

76. The following natural gas and oil exploration production site equipment: separators, 

 dehydration units, natural gas fired compressors, and pumping units. This does not 

 include compressors located on natural gas transmission pipelines. 
Transmittal Sheet * Use only for FINAL and EMERGENCY RULES

Secretary of State

Mark Martin

State Capitol, Suite 026

Little Rock, Arkansas 72201-1094

(501) 682-3527

WWw.sos.arkansas.gov

ARKANSAS REGISTER

Jl'. "~.,,,,.,,,..--

~-~

For Office

Use Only:

Effective Date Code Number _

Name of Agency Arkansas Department of Environmental Quality

Department Arkansas Pollution Control & Ecology Commission

Conmct Mike Bates E-mail bates@adeq.state.ar.Ph%ne (501) 682-0750

Statutory Authority for Promulgating Rules A.C.A. §8-4-201, §8-4-202, and §8-4-311

Final Date for Public Comment

Reviewed by Legislatice Council

AR Plan of Implementation for Air

Minute Order No. 12-21

Date

RuleTitle: Reg No. 19, Regulations of the

Pollution Control; Docket No. 11-002-R;

Intended Effective Date

[Check One]

o Emergency (ACA 25-15-204)

o 30 Days After Filing (ACA 25-15-204)

o Other _

[Must be more than 30 days after filing date.]

Legal Notice Published

Adopted by State Agency

02/02/2011

04/11/2011

06/13/2012

06/22/2012

Electronic Copy of Rule submitted under ACA 25-15-218 by:

Mike Bates

Contact Person bates@adeq.state.ar.us E-mail Address

06/29/2012

Date

CERTIFICATION OF AUTHORIZED OFFICER

I Hereby Certify That The Attached Rules Were Adopted OJ

In Compliance with Act 434 of 1967 the Arkansas Administrative Procedure Act. (ACA 2s:15-201 et. s~ -, - U'l Cf:J N

/~ /. f ,~~~: ;:~ ! N

) \...0

(501) 682-7890 charles.moulton@arkansalsag~gov

A~:n:~u::e~rativer Hearing o;~n:i~::ess II 0~ TI~ ~~

06/29/2012 o. Date

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Revised 8/2011 to reflect new legislation passed In 2011.
ARKANSAS POLLUTION CONTROL & ECOLOGY COMMISSION

101 EAST CAPITOL

SUITE 205

LITTLE ROCK, ARKANSAS 72201

PHONE: (501) 682-7890

FAX: (501) 682-7891

June 29, 2012

Ms. Donna Davis

Administrative Rules and Regulations

Room 433, State Capitol Building

Little Rock, Arkansas 72201

jUN 29 2111Z

BUREAU OF

LEGISLATIVE RESEARCH

Commi'Etee

RE: Regulation No. 19, Regulations of the Arkansas Plan of

Implementation for Air Pollution Control; Docket No. 11-

002-R - FINAL FILING.

Dear Ms. Davis:

I am enclosing the following for filing with your office:

1. Two (2) hard copies of the amendment to Regulation No. 19,

Regulations of the Arkansas Plan of Implementation for Air

Pollution Control.

2. Two (2) copies of Commission Minute Order No. 12-21

3. 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,

Charles Moulton

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

-" .....~:: »-

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ti - j :~

tI"

(.I 1'0 .'

'-0.;. --I

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"TJ ':r.' ..- [01 r .. ,. ~'

C) -<.::

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For Office Use Only ;:(, ~,

-.: a

Effective Date: Classification Number:

Name of Agency: Arkansas Department of Environmental Quality

Contact Person: Mike Bates Telephone: (501) 682-0750

Statutory Authority for Promul2atin2 Rules: A.C.A. ~8-4-201, ~8-4-202, and §8-4-311

Title ofRule: Regulation No 19, Regulations of the Arkansas Plan of Implementation for Air Pollution

Control; Docket No 1l-002-R; Minute Order No. 12-21.

Rule Status Effective Date Status Effective Date

o New Rule/Regulation D Emergency

k8J Amended Rule/Regulation r2J 10 Days after filing

July 9,2012

o Repealed Rule/Regulation D Other

0 Order D Repealed

0 Emergency Rule/Regulation Adopted by State Agency

0 Rule above is proposed and will be replaced by final version

C8J Financial and/or Fiscal Impact Statement Attached

Certification of Authorized Officer

I hereby certify that the attached rules were adopted in compliance with Act 434 of 1967 as amended.

Signature: Date: June 29, 2012

Title: Administrative Hearing Officer

1/14/99
ARKANSAS POLLUTION CONTROL

AND ECOLOGY COMMISSION

MINUTE ORDER NO. 12 - a \

SUBJECT Adoption of

Revisions to Regulation 19,

Regulations of the Arkansas

Plan of Implementation for

Air Pollution Control

DOCKET NO. 1l-002-R

PAGE 1 OF 1

Pursuant to public notice and hearing, and in consideration

of comments received, the Arkansas Pollution Control and Ecology

Commission hereby adopts changes to Regulation No. 19, Regulations ofthe

Arkansas Plan ofImplementation for Air Pollution Control.

PROMULGATED THIS 22nd DAY OF JUNE, 2012, BY ORDER OF THE ARKANSAS

POLLUTION CONTROL AND ECOLOGY COMMISSION.

ATTEST:

BY:

~U/? /Jl/C· /c-- I f {.C,-/~

Teresa Marks, Director

-----If'-4o/lIIIl:.....,~---

CO~RS J. Bates

L.Bengal

________ J. Chamberlin (Chair)

---71'0;--.------ J. Fox

D. Hendrix -----."""'fi'I-+----

----:::=o__~~---L. Hitchcock

--,"~~==:4~~~S. Jorgensen (Vice Chair)

-------'~7<'---D. Samples

---r..-r----L. Sickel

-----1~'F~--. J. Simpson

_________- W. Thompson

---"""7"'k-----,;,o,LL:-- B. White --4-4..?/~--- R. Young

~~UBMITTEDBY: Mike Bates

. Chamberlin, Chair

PASSED: 06/22/12
.J:'

Pollution Control and Ecology Commission # 014.00-026

ARKANSAS POLLUTION CONTROL

and ECOLOGY COMMISSION

REGULATION NO. 26

REGULATIONS OF THE ARKANSAS

OPERATING AIR PERMIT PROGRAM

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Adopted by the PC&E Commission June 22, 2012
i

TABLE OF CONTENTS 

CHAPTER 1: TITLE AND PURPOSE ...................................................................................... 1-1

Reg. 26.101 Title............................................................................................................. 1-1

Reg. 26.102 Purpose ....................................................................................................... 1-1

Reg. 26.103 Severability ................................................................................................. 1-1

CHAPTER 2: DEFINITIONS .................................................................................................... 2-1

CHAPTER 3: REQUIREMENT FOR A PERMIT, APPLICABILITY .................................... 3-1

Reg. 26.301 Requirement for a permit............................................................................ 3-1

Reg. 26.302 Sources subject to permitting ..................................................................... 3-1

Reg. 26.303 Source category exemptions ....................................................................... 3-2

Reg. 26.304 Emissions units subject to permitting ......................................................... 3-2

Reg. 26.305 Emissions subject to permitting.................................................................. 3-2

Reg. 26.306 Fugitive emissions subject to permitting .................................................... 3-3

CHAPTER 4: APPLICATIONS FOR PERMITS ...................................................................... 4-1

Reg. 26.401 Duty to apply .............................................................................................. 4-1

Reg. 26.402 Standard application form and required information ................................. 4-1

Reg. 26.403 Initial applications from existing part 70 sources....................................... 4-4

Reg. 26.404 Applications for proposed new part 70 sources ......................................... 4-4

Reg. 26.405 Applications for proposed significant modifications at part 70 sources .... 4-5

Reg. 26.406 Permit renewal applications ....................................................................... 4-5

Reg. 26.407 Complete application .................................................................................. 4-5

Reg. 26.408 Confidential information ............................................................................ 4-5

Reg. 26.409 Applicant's duty to supplement or correct application ............................... 4-5

Reg. 26.410 Certification by responsible official ........................................................... 4-6

CHAPTER 5: ACTION ON APPLICATIONS .......................................................................... 5-1

Reg. 26.501 Action on part 70 permit applications ........................................................ 5-1

Reg. 26.502 Final action on permit application .............................................................. 5-1

Reg. 26.503 Priority for application review .................................................................... 5-1

Reg. 26.504 Notification of application completeness ................................................... 5-1

Reg. 26.505 Source's ability to operate prior to final permit action ............................... 5-2

Reg. 26.506 Basis for draft permit conditions ................................................................ 5-2

CHAPTER 6: PERMIT REVIEW BY THE PUBLIC, AFFECTED STATES, AND EPA ...... 6-1

Reg. 26.601 Applicability ............................................................................................... 6-1

Reg. 26.602 Public participation ..................................................................................... 6-1

Reg. 26.603 Transmission of permit information to the Administrator ......................... 6-2

Reg. 26.604 Review of draft permit by affected States .................................................. 6-2

Reg. 26.605 EPA objection to proposed permit ............................................................. 6-3

Reg. 26.606 Public petitions to the Administrator .......................................................... 6-3

Reg. 26.607 Prohibition on default issuance .................................................................. 6-4

CHAPTER 7: PERMIT CONTENT ........................................................................................... 7-1

Reg. 26.701 Standard permit requirements..................................................................... 7-1

Reg. 26.702 Federally-enforceable requirements ........................................................... 7-5

Reg. 26.703 Compliance requirements ........................................................................... 7-5

Reg. 26.704 Permit shield ............................................................................................... 7-7

Reg. 26.705 General permits .......................................................................................... 7-8
ii

Reg. 26.706 Temporary sources ..................................................................................... 7-8

Reg. 26.707 Emergency provision .................................................................................. 7-8

CHAPTER 8: OPERATIONAL FLEXIBILITY PROVISIONS ............................................... 8-1

Reg. 26.801 Applicant's duty to apply for alternative scenarios..................................... 8-1

Reg. 26.802 Changes resulting in no emissions increases .............................................. 8-1

Reg. 26.803 Emissions trading in permit ........................................................................ 8-1

Reg. 26.804 Emissions trading allowed under Regulation No. 19 ................................. 8-2

CHAPTER 9: ADMINISTRATIVE PERMIT AMENDMENTS .............................................. 9-1

Reg. 26.901 Administrative permit amendment applicability ........................................ 9-1

Reg. 26.902 Acid Rain administrative permit amendments ........................................... 9-1

Reg. 26.903 Administrative permit amendment procedures .......................................... 9-1

CHAPTER 10: PERMIT MODIFICATIONS, REOPENINGS ............................................... 10-1

Reg. 26.1001 Permit modification ................................................................................ 10-1

Reg. 26.1002 Minor permit modification applicability ................................................ 10-1

Reg. 26.1003 Prohibition on multiple related minor permit modification application 

submittals .......................................................................................... 10-2

Reg. 26.1004 Minor permit modification application .................................................. 10-2

Reg. 26.1005 EPA and affected State notification of minor permit modification 

application ......................................................................................... 10-2

Reg. 26.1006 Timetable for issuance of minor permit modification ............................ 10-2

Reg. 26.1007 Source's ability to make minor modification .......................................... 10-3

Reg. 26.1008 Group processing of minor permit modifications .................................. 10-3

Reg. 26.1009 Permit shield not applicable to minor permit modifications .................. 10-3

Reg. 26.1010 Significant modification procedures....................................................... 10-3

Reg. 26.1011 Reopening for cause by the Department ................................................ 10-4

Reg. 26.1012 Reopenings for cause by EPA ................................................................ 10-5

Reg. 26.1013 Permit Flexibility .................................................................................... 10-5

CHAPTER 11: PERMIT FEES ................................................................................................ 11-1

Reg. 26.1101 Fee requirement ...................................................................................... 11-1

Reg. 26.1102 Fee schedule ........................................................................................... 11-1

CHAPTER 12: ACID RAIN SOURCES PROVISIONS ......................................................... 12-1

Reg. 26.1201 Purpose ................................................................................................... 12-1

Reg. 26.1202 Adoption by reference ............................................................................ 12-1

CHAPTER 13: EFFECTIVE DATE ........................................................................................ 13-1

Reg. 26.1301 Effective Date ......................................................................................... 13-1
3-1

CHAPTER 3: REQUIREMENT FOR A PERMIT, APPLICABILITY 

Reg. 26.301 Requirement for a permit

(A) No part 70 source may operate unless it is operating in compliance with a part 70 

permit, or unless it has filed a timely and complete application for an initial or 

renewal permit as required under these regulations. Existing part 70 sources shall 

submit initial applications according to the provisions of section 4. If a part 70 

source submits a timely and complete application for an initial or renewal permit, 

the source's failure to have a part 70 permit is not a violation of this regulation 

until the Department takes final action on the permit application, except as noted 

in this section. This protection shall cease to apply if, subsequent to the 

completeness determination, the applicant fails to submit by the deadline 

specified in writing by the Department any additional information identified as 

being needed to process the application. If the Department fails to act in a timely 

way on a permit renewal, EPA may invoke its authority under section 505(e) of 

the Act to terminate or revoke and reissue the permit. 

(B) No proposed new part 70 source shall begin construction prior to obtaining a part 

70 permit, unless the applicable permit application was submitted prior to the 

effective date of these regulations and the Department's draft permitting decision 

for such source has already proceeded to public notice in accordance with 

Regulation No. 19. 

(C) No part 70 source shall begin construction of a new emissions unit or begin 

modifications to an existing emissions unit prior to obtaining a modified part 70 

permit. This applies only to significant modifications and does not apply to 

modifications that qualify as minor modifications or changes allowed under the 

operational flexibility provisions of a part 70 permit. An existing part 70 source 

shall be subject to the permit modification procedures of Regulation No. 19 until 

such time that an initial part 70 permit application is due from the source. 

Reg. 26.302 Sources subject to permitting 

The following sources shall be subject to permitting under these regulations, unless exempted by 

Reg. 26.303 below: 

(A) Any major source; 

(B) Any source, including an area source, subject to a standard, limitation, or other 

requirement under section 111 of the Act (i.e., New Source Performance 

Standards [NSPS] regs.) However, nonmajor sources subject to section 111 of the 

Act are exempt from the obligation to obtain a part 70 permit until such time that 

the Administrator completes a rulemaking to determine how the program should 

be structured for nonmajor sources; 
3-2

(C) Any source, including an area source, subject to a standard or other requirement 

under section 112 of the Act (i.e., hazardous air pollutant regs.), except that a 

source is not required to obtain a permit solely because it is subject to regulations 

or requirements under section 112(r) of the Act; 

(D) Any source subject to Arkansas Pollution Control and Ecology Commission’s 

Regulation 19, Chapter 9. 

(E) Any acid rain source (which shall be permitted in accordance with the provisions 

of the federal acid rain program); and 

(F) Any source in a source category designated by the Administrator pursuant to this 

section.

Reg. 26.303 Source category exemptions 

The following source categories are exempted from the obligation to obtain a part 70 permit: 

(A) All sources listed in Reg. 26.302 that are not major sources, acid rain sources, or 

solid waste incineration units required to obtain a permit pursuant to section 

129(e) of the Act, are exempted from the obligation to obtain a part 70 permit 

until such time as the Administrator completes a rulemaking to determine how the 

program should be structured for nonmajor sources. 

(B) All sources and source categories that would be required to obtain a permit solely 

because they are subject to 40 CFR part 60, Subpart AAA - Standards of 

Performance for New Residential Wood Heaters as of July 23, 1993; and 

(C) All sources and source categories that would be required to obtain a permit solely 

because they are subject to 40 CFR part 61, Subpart M - National Emission 

Standard for Hazardous Air Pollutants for Asbestos, section 6l.145, Standard for 

Demolition and Renovation as of July 23, 1993. 

(D) Any other nonmajor sources subject to a standard or other requirement under 

either section 111 or 112 of the Act exempted by the Administrator.

Reg. 26.304 Emissions units subject to permitting 

The Department shall include in the part 70 permit all applicable requirements for all relevant 

emissions units in the part 70 source. Some equipment with very small emission rates is exempt 

from permitting requirements as per Chapter 4 and Appendix A of Regulation No. 19. 

Reg. 26.305 Emissions subject to permitting 

All regulated air pollutant emissions and recognized air contaminant emissions from a part 70 

source shall be included in a part 70 permit, except that GHG emissions less than 100,000 tpy 

CO2e shall not be included in a part 70 permit unless the part 70 source undertakes a physical 

change or change in the method of operation that will result in an emissions increase of 75,000 
3-3

tpy CO2e or more. Only regulated air pollutants may trigger the need for a part 70 permit or a 

part 70 permit modification process. A permit modification involving only air contaminants 

other than regulated air pollutants shall be permitted according to the procedure of Regulation 

No. 19. Such permits shall be incorporated into the part 70 permit by administrative permit 

amendment. 

Reg. 26.306 Fugitive emissions subject to permitting 

Fugitive emissions from a part 70 source shall be included in the permit application and the part 

70 permit in the same manner as stack emissions, regardless of whether the source category in 

question is included in the list of sources contained in the definition of major source. 
4-1

CHAPTER 4: APPLICATIONS FOR PERMITS 

Reg. 26.401 Duty to apply 

For each source subject to 40 CFR part 70, as promulgated June 3, 2010, the owner or operator 

shall submit a timely and complete permit application (on forms supplied by the Department) in 

accordance with this section. 

Reg. 26.402 Standard application form and required information 

The Department shall provide a standard application form or forms and shall provide them to 

part 70 sources upon request. Information as described below for each emissions unit at a part 

70 source shall be required by the application form and included by the applicant in the 

application. 

(A) Insignificant activities which are exempted because of size or production rate, a 

list of such insignificant activities must be included in the application. 

(B) An application may not omit information needed to determine the applicability of, 

or to impose, any applicable requirement, or to evaluate the fee amount required 

by the Arkansas Pollution Control and Ecology Commission’s Regulation 

Number 9, Fee Regulation (Regulation 9 or Regulation No. 9). The Department 

may use discretion in developing application forms that best meet program needs 

and administrative efficiency. The forms and attachments chosen, however, shall 

include the elements specified below: 

(1) Identifying information, including company name and address (or plant 

name and address if different from the company name), owner's name and 

agent, and telephone number and names of plant site manager/contact. 

(2) A description of the source's processes and products (by Standard 

Industrial Classification Code or the North American Industry 

Classification System) including any associated with alternate scenario 

identified by the source. 

(3) The following emission-related information: 

(a) A permit application shall describe all emissions of regulated air 

pollutants emitted from any emissions unit, except where such 

units are exempted under Reg. 26.402(A). The Department shall 

require additional information related to the emissions of air 

pollutants sufficient to verify which requirements are applicable to 

the source, and other information necessary to collect any permit 

fees owed under the fee schedule in Regulation No. 9. 
4-2

(b) Identification and description of all points of emissions described 

above in sufficient detail to establish the basis for fees and 

applicability of requirements of the Act. 

(c) Emissions rate in tpy and in such terms as are necessary to 

establish compliance consistent with the applicable standard 

reference test method. 

(d) The following information to the extent it is needed to determine 

or regulate emissions: fuels, fuel use, raw materials, production 

rates, and operating schedules. 

(e) Identification and description of air pollution control equipment 

and compliance monitoring devices or activities. 

(f) Limitations on source operation affecting emissions or any work 

practice standards, where applicable, for all regulated pollutants at 

the part 70 source. 

(g) Other information required by any applicable requirement 

(including information related to stack height limitations 

developed pursuant to section 123 of the Act). 

(h) Calculations on which the information in Reg. 26.402(B)(3) is 

based. 

(4) The following air pollution control requirements: 

(a) Citation and description of all applicable requirements, and 

(b) Description of or reference to any applicable test method for 

determining compliance with each applicable requirement. 

(5) Other specific information that may be necessary to implement and 

enforce other applicable requirements of the Act, of this part or to 

determine the applicability of such requirements. 

(6) An explanation of any proposed exemptions from otherwise applicable 

requirements. 

(7) Additional information as determined to be necessary by the Department 

to define alternative operating scenarios identified by the source pursuant 

to Reg. 26.701(I) or to define permit terms and conditions implementing 

Reg. 26.802 or Reg. 26.701(J). 

(8) A compliance plan for all part 70 sources that contains all the following: 
4-3

(a) A description of the compliance status of the source with respect to 

all applicable requirements. 

(b) A description as follows: 

(i) For applicable requirements with which the source is in 

compliance, a statement that the source will continue to 

comply with such requirements. 

(ii) For applicable requirements that will become effective 

during the permit term, a statement that the source will 

meet such requirements on a timely basis. 

(iii) For requirements for which the source is not in compliance 

at the time of permit issuance, a narrative description of 

how the source will achieve compliance with such 

requirements. 

(c) A compliance schedule as follows: 

(i) For applicable requirements with which the source is in 

compliance, a statement that the source will continue to 

comply with such requirements. 

(ii) For applicable requirements that will become effective 

during the permit term, a statement that the source will 

meet such requirements on a timely basis. A statement that 

the source will meet in a timely manner applicable 

requirements that become effective during the permit term 

shall satisfy this provision, unless a more detailed schedule 

is expressly required by the applicable requirement. 

(iii) A schedule of compliance for sources that are not in 

compliance with all applicable requirements at the time of 

permit issuance. Such a schedule shall include a schedule 

of remedial measures, including an enforceable sequence of 

actions with milestones, leading to compliance with any 

applicable requirements for which the source will be in 

noncompliance at the time of permit issuance. This 

compliance schedule shall resemble and be at least as 

stringent as that contained in any judicial consent decree or 

administrative order to which the source is subject. Any 

such schedule of compliance shall be supplemental to, and 

shall not sanction noncompliance with, the applicable 

requirements on which it is based. 
4-4

(d) A schedule for submission of certified progress reports no less 

frequently than every 6 months for sources required to have a 

schedule of compliance to remedy a violation. 

(e) The compliance plan content requirements specified in this 

paragraph shall apply and be included in the acid rain portion of a 

compliance plan for an affected source, except as specifically 

superseded by regulations promulgated under title IV of the Act 

with regard to the schedule and method(s) the source will use to 

achieve compliance with the acid rain emissions limitations. 

(9) Requirements for compliance certification, including the following: 

(a) A certification of compliance with all applicable requirements by a 

responsible official consistent with Reg. 26.410 and section 

114(a)(3) of the Act; 

(b) A statement of methods used for determining compliance, 

including a description of monitoring, recordkeeping, and 

reporting requirements and test methods; 

(c) A schedule for submission of compliance certifications during the 

permit term, to be submitted no less frequently than annually, or 

more frequently if specified by the underlying applicable 

requirement or by the Department; and 

(d) A statement indicating the source's compliance status with any 

applicable enhanced monitoring and compliance certification 

requirements of the Act. 

(10) The use of nationally-standardized forms for acid rain portions of permit 

applications and compliance plans, as required by regulations promulgated 

under title IV of the Act. 

(C) Reserved 

Reg. 26.403 Initial applications from existing part 70 sources 

A timely application for an initial part 70 permit for an existing part 70 source is one that is 

submitted within 12 months after the source becomes subject to the permit program, or on or 

before such earlier date as the Department may establish. The earliest that the Department may 

require an initial application from such an existing part 70 source is 6 months after the 

Department notifies the source in writing of its duty to apply for an initial part 70 permit. 

Reg. 26.404 Applications for proposed new part 70 sources 

The owner or operator proposing to construct a new part 70 source shall apply for and obtain a 

part 70 permit prior to the construction of the source, unless the applicable permit application 
4-5

was submitted prior to the effective date of these Regulations and the Department's draft 

permitting decision for such source has already proceeded to public comment in accordance with 

Regulation No. 19. 

Reg. 26.405 Applications for proposed significant modifications at part 70 sources 

Part 70 sources proposing to construct a new emissions unit or modify an existing emissions unit 

shall apply for and obtain a modified part 70 permit prior to the construction or modification of 

such emissions unit. This applies only to significant modifications and does not apply to 

modifications that qualify as minor modifications or changes allowed under the operational 

flexibility provisions of a part 70 permit. 

Reg. 26.406 Permit renewal applications 

For purposes of permit renewal, a timely application is one that is received by the Department at 

least 6 months prior to the date of permit expiration or such other longer time as may be 

approved by the Administrator that ensures that the term of the permit will not expire before the 

permit is renewed. In no event shall this time be greater than 18 months. Renewal permits are 

subject to the same procedural requirements that apply to initial permit issuance. Permit 

expiration terminates a part 70 source's right to operate unless a timely and complete renewal 

application has been received by the Department, in which case the existing permit shall remain 

in effect until the Department takes final action on the renewal application. If the Department 

fails to act in a timely way on a permit renewal, EPA may invoke its authority under section 

505(e) of the Act to terminate or revoke and reissue the permit. 

Reg. 26.407 Complete application 

To be deemed complete, an application must provide all information required by Reg. 26.402, 

except that applications for permit revision need supply only that information related to the 

proposed change. Unless the Department determines that an application is not complete within 

60 days of receipt of the application, such application shall be deemed to be complete. If, while 

processing an application that has been determined or deemed to be complete, the Department 

determines that additional information is necessary to evaluate or take final action on that 

application, it may request such information in writing and set a reasonable deadline for a 

response. 

Reg. 26.408 Confidential information 

In the case where a source has submitted information to the State under a claim of 

confidentiality, the Department may also require the source to submit a copy of such information 

directly to the Administrator. 

Reg. 26.409 Applicant's duty to supplement or correct application 

Any applicant who fails to submit any relevant facts or who has submitted incorrect information 

in a permit application shall, upon becoming aware of such failure or incorrect submittal, 

promptly submit such supplementary facts or corrected information. In addition, an applicant 

shall provide additional information as necessary to address any requirements that become 
4-6

applicable to the source after the date it filed a complete application but prior to release of a draft 

permit. 

Reg. 26.410 Certification by responsible official 

Any application form, report, or compliance certification submitted pursuant to these regulations 

shall contain certification by a responsible official of truth, accuracy, and completeness. This 

certification and any other certification required under these regulations shall state that, based on 

information and belief formed after reasonable inquiry, the statements and information in the 

document are true, accurate, and complete. 
Transmittal Sheet

* Use only for FINAL and EMERGENCY RULES

Secretary of State

Mark Martin

State Capitol, Suite 026

Little Rock, Arkansas 72201-1094

(501) 682-3527

www.sos.arkansas.gov

ARKANSAS REGISTER , - ... / -

For Office

Use Only:

Effective Date Code Number _

Name of Agency Arkansas Department of Environmental Quality

Department Arkansas Pollution Control & Ecology Commission

Con~ct Mike Bates E-mail bates@adeq.state.ar.Ph%ne (501) 682-0750

Statutory Authority for Promulgating Rules A. C.A. § 8 -4 -2 01, § 8 - 4 -202, and § 8 - 4 - 311

Rule Title: Reg No. 26, Regulations of the Arkansas Operating Air Permit

Program; Docket No. 11-003-R; Minute Order No. 12-22

Intended Effective Date Date

(Check One)

o Emergency (ACA 25-15-204)

o 30 Days After Filing (ACA 25-15-204)

DOther -,,--,--:-_--:-----::--:-----:-__-,,--_ [Must be more than 30 days after nIing date.}

Legal Notice Published

Final Date for Public Comment

Reviewed by Legislatice Council

Adopted by State Agency

02/02/2011

04/11/2011

06/13/2012

06/22/2012

Electronic Copy of Rule submitted under ACA 25-15-218 by:

Mike Bates

Contacl Person

bates@adeq.state.ar.us

E-mail Address

06/29/2012

Dale

CERTIFICATION OF AUTHORIZED OFFICER

[ Hereby Certify That The Attached Rules Were Adopted

In Compliance with Act 434 of 1967 the Arkansas Administrative Procedures Act. (ACA 251 15-Wet. se€N

/) / \ ~~-;" (- r ( ~~t~"~ ~2 SlgIlalure • I ',,: S; , (501) 682-7890 charles .moulton@arkansa~ag..gov

Phone Number E-mail Address I ::~ If

Administrativer Hearing Officer I :;;~:

o6/~l; /2 012 II (f;P1

Dale

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Revised 8/2011 to renect new legislation passed tn 2011.
RECEIVED

jUN 29 2012

BUREAU OF

LEGISLATIVE RESEARCH

Committee

ARKANSAS POLLUTION CONTROL & ECOLOGY COMMISSION

101 EAST CAPITOL

SUITE 205

LITTLE ROCK, ARKANSAS 72201

PHONE: (501) 682-7890

FAX: (501) 682-7891

Ms. Donna Davis

Administrative Rules and Regulations

Room 433, State Capitol Building

Little Rock, Arkansas 72201

June 29, 2012

RE: Regulation No. 26, Regulations of the Arkansas Operating

Air Permit Program; Docket No. 11-003-R - FINAL FILING.

Dear Ms. Davis:

I am enclosing the following for filing with your office:

1. Two (2) hard copies of the amendment to Regulation No. 26,

Regulations of the Arkansas Operating Air Permit Program.

2. Two (2) copies of Commission Minute Order No. 12-22

3. 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,

~~Charles Moulton

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

.- -~....)

-" '-' )-,

:; ~. , c. --- :I:' - .-,,

" r...;, ,.;'~

U \.L; , S U';

-, f Co") ", ) rt r --:-=:r "':)

t::_. c,.) ;:t)

l> (.n x 0 -<

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 Promuleatine Rules: A.C.A. ~8-4-201, ~8-4-202, and ~8-4-311

Title of Rule: Regulation No 26, Regulations of the Arkansas Operating Air Permit Program; Docket No

11-003-R; Minute Order No. 12-22.

Rule Status Effective Date Status Effective Date

0 New RulelRegulation 0 Emergency

[8J Amended Rule/Regulation [8J 10 Days after filing

July 9, 2012

o Repealed Rule/Regulation 0 Other

o Order 0 Repealed

o Emergency Rule/Regulation Adopted by State Agency

D Rule above is proposed and will be replaced by final version

IZ1 Financial and/or Fiscal Impact Statement Attached

Certification of Authorized Officer

I hereby certify that the attached rules were adopted in compliance with Act 434 of 1967 as amended.

Signature: Date: June 29, 2012

Title: Administrative Hearing Officer

1/14/99
ARKANSAS POLLUTION CONTROL

AND ECOLOGY COMMISSION

MINUTE ORDER NO. 12 - ~~

SUBJECT Adoption of

Revisions to Regulation 26,

Regulations of the Arkansas

Operating Air Permit

Program

DOCKET NO. 11-003-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. 26, Regulations of the Arkansas Operating

Air Permit Program.

PROMULGATED THIS 22nd DAY OF JUNE, 2012, BY ORDER OF THE ARKANSAS

POLLUTION CONTROL AND ECOLOGY COMMISSION.

ATTEST:

BY:

~,U-4 ~\ Jll{L\.,L

Teresa Marks, Director

COMMISSIONERS

-----i(}'-F-~....".~---J. Bates

_ ......{/'-~_-'<:I---=- L. Bengal

________ J. Chamberlin (Chair)

--rf"'£-r-----J. Fox

-----'..........+r----r--,f---- D. Hendrix

-----,__-,...:.--==t'----"---- L. Hitchcock

-~~c;;4:lt4~~l--S. Jorgensen (Vice Chair)

______OZ-'-_D. Samples

___-----,,.-- L. Sickel

------IJ~w-"''-. J. Simpson

_____----::~"'-- W. Thompson

-------,R4:..~"L./?":=-----_..... - B. White

_---<-f---'v R. Young

SUBMITTED BY: Mike Bates PASSED: 6/22/2012

. Chamberlin, Chair
Biomass Deferral Rule 
Pollution Control and Ecology Commission # 014.00-0] 9

ARKANSAS POLLUTION CONTROL

and ECOLOGY COMMISSION

REGULATION NO. 19

REGULATIONS OF THE ARKANSAS PLAN OF

IMPLEMENTATION FOR AIR POLLUTION

CONTROL

Adopted by the PC&E Commission: October 26,2012

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TABLE OF CONTENTS 

CHAPTER 1: TITLE, INTENT, AND PURPOSE .................................................................... 1-1

Reg. 19.101 Title............................................................................................................. 1-1

Reg. 19.102 Applicability ............................................................................................... 1-1

Reg. 19.103 Intent and Construction .............................................................................. 1-1

Reg. 19.104 Severability ................................................................................................. 1-2

CHAPTER 2: DEFINITIONS .................................................................................................... 2-1

CHAPTER 3: PROTECTION OF THE NATIONAL AMBIENT AIR QUALITY 

STANDARDS...................................................................................................... 3-1

Reg. 19.301 Purpose ....................................................................................................... 3-1

Reg. 19.302 Department Responsibilities ....................................................................... 3-1

Reg. 19.303 Regulated Sources Responsibilities ............................................................ 3-1

Reg. 19.304 Delegated Federal Programs....................................................................... 3-2

CHAPTER 4: MINOR SOURCE REVIEW................................................................................ 4-1

Reg. 19.401 General Applicability ................................................................................. 4-1

Reg. 19.402 Approval Criteria ........................................................................................ 4-1

Reg. 19.403 Owner/Operator's Responsibilities ............................................................. 4-1

Reg. 19.404 Required Information ................................................................................. 4-2

Reg. 19.405 Action on Application ................................................................................ 4-2

Reg. 19.406 Public Participation .................................................................................... 4-4

Reg. 19.407 Permit Amendments ................................................................................... 4-6

Reg. 19.408 Exemption from Permitting ...................................................................... 4-10

Reg. 19.409 Transition .................................................................................................. 4-10

Reg. 19.410 Permit Revocation and Cancellation ........................................................ 4-10

Reg. 19.411 General Permits ........................................................................................ 4-11

Reg. 19.412 Dispersion Modeling ................................................................................ 4-12

Reg. 19.413 Confidentiality .......................................................................................... 4-12

Reg. 19.414 Operational Flexibility-Applicant's Duty to Apply for Alternative 

Scenarios ............................................................................................ 4-14

Reg. 19.415 Changes Resulting in No Emissions Increases ......................................... 4-14

Reg. 19.416 Permit Flexibility ...................................................................................... 4-15

Reg. 19.417 Registration............................................................................................... 4-17
ii

CHAPTER 5: GENERAL EMISSIONS LIMITATIONS APPLICABLE TO EQUIPMENT ... 5-1

Reg. 19.501 Purpose ....................................................................................................... 5-1

Reg. 19.502 General Regulations ................................................................................... 5-1

Reg. 19.503 Visible Emission Regulations..................................................................... 5-1

Reg. 19.504 Stack Height/Dispersion Regulations ......................................................... 5-2

Reg. 19.505 Revised Emissions Limitation .................................................................... 5-2

CHAPTER 6: UPSET AND EMERGENCY CONDITIONS .................................................... 6-1

Reg. 19.601 Upset Conditions ........................................................................................ 6-1

Reg. 19.602 Emergency Conditions ............................................................................... 6-2

CHAPTER 7: SAMPLING, MONITORING, AND REPORTING REQUIREMENTS ........... 7-1

Reg. 19.701 Purpose ....................................................................................................... 7-1

Reg. 19.702 Air Emissions Sampling ............................................................................. 7-1

Reg. 19.703 Continuous Emissions Monitoring ............................................................. 7-2

Reg. 19.704 Notice of Completion ................................................................................. 7-3

Reg. 19.705 Record Keeping and Reporting Requirements ........................................... 7-3

Reg. 19.706 Public Availability of Emissions Data ....................................................... 7-4

CHAPTER 8: 111(D) DESIGNATED FACILITIES ................................................................. 8-1

Reg. 19.801 Purpose ....................................................................................................... 8-1

Reg. 19.802 Permit Emissions Limitations..................................................................... 8-1

Reg. 19.803 Sulfuric Acid Plants (H2SO4 Mist) ............................................................. 8-1

Reg. 19.804 Kraft Pulp Mills (TRS)............................................................................... 8-1

CHAPTER 9: PREVENTION OF SIGNIFICANT DETERIORATION ................................... 9-1

Reg. 19.901 Title............................................................................................................. 9-1

Reg. 19.902 Purposes ...................................................................................................... 9-1

Reg. 19.903 Definitions .................................................................................................. 9-1

Reg. 19.904 Adoption of Regulations............................................................................. 9-2

CHAPTER 10: REGULATIONS FOR THE CONTROL OF VOLATILE ORGANIC 

COMPOUNDS IN PULASKI COUNTY .......................................................... 10-1

Reg. 19.1001 Title......................................................................................................... 10-1

Reg. 19.1002 Purpose ................................................................................................... 10-1

Reg. 19.1003 Definitions .............................................................................................. 10-1

Reg. 19.1004 General Provisions.................................................................................. 10-5

Reg. 19.1005 Provisions for Specific Processes ......................................................... 10-12

Reg. 19.1006 Severability ........................................................................................... 10-18
iii

CHAPTER 11: MAJOR SOURCE PERMITTING PROCEDURES ....................................... 11-1

CHAPTER 12: [RESERVED] .................................................................................................. 12-1

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 ............................................................................................. 13-4

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 ....................................................................... 13-6

Reg. 19.1309 Gasoline Delivery Vessels ...................................................................... 13-6

Reg. 19.1310 Owner/Operator Responsibility .............................................................. 13-7

Reg. 19.1311 Test Methods .......................................................................................... 13-7

Reg. 19.1312 Effective Date ......................................................................................... 13-8

CHAPTER 14: CAIR NOX OZONE SEASON TRADING PROGRAM GENERAL 

PROVISIONS .................................................................................................... 14-1

Reg. 19.1401 Adoption of Regulations......................................................................... 14-1

Reg. 19.1402 State Trading Budget .............................................................................. 14-1

Reg. 19.1403 Timing Requirements for CAIR NOx Ozone Season Allowance 

Allocations ......................................................................................... 14-1

Reg. 19.1404 CAIR NOx Ozone Season Allowance Allocations ................................. 14-2

CHAPTER 15: REGIONAL HAZE ......................................................................................... 15-1

Reg. 19.1501 Purpose ................................................................................................... 15-1

Reg. 19.1502 Definitions .............................................................................................. 15-1

Reg. 19.1503 BART Eligible Sources .......................................................................... 15-1

Reg. 19.1504 Facilities Subject-to-BART .................................................................... 15-3

Reg. 19.1505 BART Requirements .............................................................................. 15-3

Reg. 19.1506 Compliance Provisions ........................................................................... 15-6

Reg. 19.1507 Permit Reopening ................................................................................... 15-7

CHAPTER 16: EFFECTIVE DATE ........................................................................................ 16-1

Reg. 19.1601 Effective Date ......................................................................................... 16-1

APPENDIX A: INSIGNIFICANT ACTIVITIES LIST .................................................................1
1-1

CHAPTER 1: TITLE, INTENT, AND PURPOSE 

Reg. 19.101 Title 

The following rules and regulations, adopted in accordance with the provisions of Subchapter 2 

of the Arkansas Water and Air Pollution Control Act, Arkansas Code Annotated (A.C.A) §§ 8-4-

201 et seq., shall be known as “Regulations of the Arkansas Plan of Implementation of Air 

Pollution Control,” hereinafter referred to as the “Regulations of the Plan,” and “Regulation 19.” 

Reg. 19.102 Applicability 

These regulations are applicable to any stationary source which has the potential to emit any 

federally regulated air pollutant. 

Reg. 19.103 Intent and Construction 

(A) The purpose and intent of Regulation 19, as amended, is to provide a clear 

delineation of those regulations that are promulgated by the Commission in 

satisfaction of certain requirements of the federal Clean Air Act, 42 United States 

Code (U.S.C.) §§ 7401 et seq., as of July 1, 1997, and the federal regulations 

stemming therefrom. Federal programs that the Department is responsible for 

administering include, but are not limited to, the attainment and maintenance of the 

National Ambient Air Quality Standards (40 Code of Federal Regulations [CFR] Part 

50), certain delegated subparts of the New Source Performance Standards (40 CFR 

Part 60), provisions designed for the Prevention of Significant Deterioration (40 CFR 

§ 52.21), minor new source review as described in Chapter 4 (40 CFR Part 51), and 

certain delegated subparts of the National Emission Standards for Hazardous Air 

Pollutants (40 CFR Parts 61 and 63) as of July 1, 1997. This subsection shall not be 

construed as limiting the future delegation of federal programs to the Department for 

administration. 

(B) Regulation 19, as amended, is further intended to limit the federal enforceability of 

its requirements to only those mandated by federal law. Regulation 19, as amended, 

is also intended to facilitate a permit system for stationary sources within the State, 
1-2

which permit shall provide which provisions are federally enforceable and which 

provisions are state enforceable. 

(C) Regulation 19, as amended, presumes a single-permit system, encompassing both 

federal and state requirements. A regulated facility which is subject to permitting 

under Regulation 19 shall be required to apply for and comply with only one permit, 

even though that permit may contain conditions derived from the federal mandates 

contained in Regulation 19, as well as conditions predicated solely on state law. 

Regulation 19, through construction or implication, shall not support the conclusion 

that all conditions of a permit have become federally enforceable because the permit 

contains provisions derived from Regulation 19. Permits or permit conditions issued 

under the authority of state law, or enforcement issues arising out of state law, shall 

not be federally enforceable. 

(D) To the extent consistent with state law and efficient protection of the State’s air 

quality, Regulation 19 shall be construed in a manner that promotes a streamlined 

permitting process, mitigation of regulatory costs, and flexibility in maintaining 

compliance with federal mandates. Any applicable documents (e.g. “White Papers,” 

regulatory preambles, or interpretive memoranda) issued by the Environmental 

Protection Agency which are consistent with this policy and the legislative intent of 

state laws governing air pollution control (A.C.A. § 8-4-301 et seq.) are aids for 

construing the requirements of Regulation 19. Any procedure applicable to major 

sources that promotes operational flexibility are presumed to be authorized by this 

regulation unless manifestly inconsistent with its substantive terms. 

(E) Nothing in Regulation 19 shall be construed as curtailing the Department’s or 

Commission’s authority under state law. 

Reg. 19.104 Severability 

If any provision of Regulation 19 is determined to be invalid, such invalidity shall not affect 

other provisions of Regulation 19. 

If federal legislation or a federal court stays, invalidates, delays the effective date of, or 

otherwise renders unenforceable, in whole or in part, EPA’s regulation of greenhouse gases, then 

the provisions of Regulation 19 concerning greenhouse gases based thereon shall be stayed and 
1-3

shall not be enforceable until such time as the Commission makes a final decision on whether or 

not to revise Regulation 19 due to the federal legislation or federal court order. 
2-1

CHAPTER 2: DEFINITIONS 

Terms and phrases used in this regulation which are not explicitly defined herein shall have the 

same meaning as those terms which are used in the federal Clean Air Act. For purposes of this 

regulation: 

“12-month period” means a period of 12 consecutive months determined on a rolling basis with 

a new 12-month period beginning on the first day of each calendar month. 

“Actual emissions” means the quantity of federally regulated air pollutants emitted from a 

stationary source considering emissions control equipment and actual hours of source operation 

or amount of material processed. 

“CO2 equivalent emissions” (CO2e) shall represent an amount of GHGs emitted, and shall be 

computed by multiplying the mass amount of emissions tpy, for each of the six greenhouse gases 

in the pollutant GHGs, by the gas’s associated global warming potential published at Table A - 1 

to subpart A of 40 CFR part 98 - Global Warming Potentials (which is incorporated by reference 

as finalized by EPA as of October 30, 2009), and summing the resultant value for each to 

compute a tpy CO2 equivalent emissions. For purposes of this definition, prior to July 21, 2014, 

the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions 

resulting from the combustion or decomposition of non-fossilized and biodegradable organic 

material originating from plants, animals, or micro-organisms (including products, by-products, 

residues and waste from agriculture, forestry and related industries as well as the non-fossilized 

and biodegradable organic fractions of industrial and municipal wastes, including gases and 

liquids recovered from the decomposition of non-fossilized and biodegradable organic material). 

“Commission” means the Arkansas Pollution Control and Ecology Commission. 

“Construction” means fabrication, erection, or installation of equipment. See also 40 CFR 60.2, 

40 CFR 51.165, and 40 CFR 52.21. 

“Control apparatus” means any device which prevents, controls, detects or records the 

emission of any federally regulated air pollutants. 
2-2

“Department” means the Arkansas Department of Environmental Quality, or its successor. 

When reference is made in this regulation to actions taken by or with reference to the 

Department, the reference is to the staff of the Department acting at the direction of the Director. 

“Director” means the Director of the Arkansas Department of Environmental Quality, or its 

successor, acting directly or through the staff of the Department. 

“Emission limitation” and “emission standard” mean a requirement established by the 

Department or the Administrator of the United States Environmental Protection Agency which 

limits the emissions of federally regulated air pollutants on a continuous basis, including any 

requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or 

prescribe operation or maintenance procedures for a source to assure continuous emission 

reduction. 

“Emission unit” means any article, machine, equipment, operation, or contrivance that emits or 

has the potential to emit any federally regulated air pollutant. 

“EPA” means the United States Environmental Protection Agency. 

“Equipment” means any device, except equipment used for any mode of vehicular 

transportation, capable of causing the emission of a federally regulated air pollutant into the open 

air, and any stack, conduit, flue, duct, vent, or similar device connected or attached to or serving 

the equipment. 

“Federal Clean Air Act” or “Clean Air Act” or “FCAA” or “the Act” means the federal 

Clean Air Act, as amended, 42 U.S.C. 7401, et seq. and its implementing regulations as of the 

effective date of this regulation. 

“Federally regulated air pollutant” means the following: 

(A) Nitrogen oxides or any volatile organic compounds; 
2-3

 (B) Any pollutant for which a National Ambient Air Quality Standard has been 

 promulgated; 

(C) Except as provided in (E), any pollutant that is subject to any standard 

promulgated under 42 U.S.C. §§ 7401, et seq., as of the effective date of this 

regulation; 

(D) Any Class I or II substance subject to a standard promulgated under or established 

by Title VI of the Clean Air Act, 42 U.S.C.§§ 7401, et seq. as amended as of July 

1,1997.

(E) GHGs, except that GHGs shall not be a Federally Regulated Air Pollutant unless 

the GHG emissions are: 

(1) from a stationary source emitting or having the potential to emit 75,000 

tpy CO2e emissions or more; and 

(2) regulated under Chapter 9 of this Regulation 19. 

“Fugitive emissions” means those emissions which could not reasonably pass through a stack, 

chimney, vent, or other functionally equivalent opening. Those emissions are those that, 

according to customary and good engineering practice, considering technological and economic 

feasibility, could not pass through a stack, chimney, vent or other functionally-equivalent 

opening, except that the Department will utilize the definition of fugitive emissions for those 

industries for which an approved EPA definition exist under federal law or regulation and which 

are meeting that law or regulation. 

“Greenhouse gases” (GHGs) means the aggregate group of six greenhouse gases: carbon 

dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

“Hazardous Air Pollutant” or “HAP” means any air pollutant listed pursuant to § 112 of the 

Clean Air Act, as amended, 42 U.S.C. §§ 7401, et seq., as of the effective date of this regulation. 

“Modification” means any physical change in, or change in the method of operation of, a 

stationary source which increases the emission rate of any federally regulated air pollutant over 

permitted rates or which results in the emission of a federally regulated air pollutant not 
2-4

previously emitted, except that: 

 (A) Routine maintenance, repair, and replacement shall not be considered a physical 

 change, and 

 (B) The following shall not be considered a change in the method of operation: 

 (1) Any change in the production rate, if such change does not exceed the 

 permitted operating capacity of the source; 

 (2) Any change in the hours of operation, as long as it does not violate 

 applicable air permit conditions; or 

 (3) The use of an alternate fuel or raw material, as long as it does not violate 

 applicable air permit conditions. 

(C) De Minimis changes, as defined in Reg. 19.407(C), and changes in ownership 

shall not be considered. 

“National Ambient Air Quality Standard” or “NAAQS,” mean those ambient air quality 

standards promulgated by the EPA in 40 CFR Part 50. 

“Opacity” means the degree to which air emissions reduce the transmission of light and obscure 

the view of an object in the background. 

“Operator” means any person who leases, operates, controls, or supervises any equipment 

affected by these regulations. 

“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 
2-5

alternate method, specified in 40 CFR Part 60 Appendix A or by a test method specified in these 

regulations or any supplement thereto. 

“Person” means any individual or other legal entity or their legal representative or assignee. 

“Plan” means the Arkansas Plan of Implementation for Air Pollution Control. 

“PM2.5” means particulate matter with an aerodynamic diameter less than or equal to a nominal 

two and one-half (2.5) micrometers. 

“PM10” means particulate matter with an aerodynamic diameter less than or equal to a nominal 

10 micrometers as measured by a reference method based on Appendix J of 40 CFR Part 50, or 

by an equivalent method designated in accordance with 40 CFR Part 53 as of December 8, 1984. 

“PM10 emissions” means PM10 emitted to the ambient air as measured by an applicable 

reference method, or an equivalent or alternate method, specified in 40 CFR Part 51, Appendix 

M as of December 8, 1984, or by a test method specified in these regulations or any supplement 

thereto. 

“Potential to emit” means the maximum capacity of a stationary source to emit a federally 

regulated air pollutant under its physical and operational design. Any physical or operational 

limitation on the capacity of the source to emit a federally regulated air pollutant, including, but 

not, limited to, air pollution control equipment and restrictions on hours of operation or on the 

type or amount of material combusted, stored, or processed, shall be treated as part of its design 

only if the limitation or the effect it would have on emissions is enforceable to the extent it is 

regulated by the federal Clean Air Act, 42 U.S.C. §§ 7401 et seq. as of February 15, 1999. 

Secondary air emissions do not count in determining the potential to emit of a stationary source. 

“Responsible official” means one of the following: 

 (A) For a corporation: a president, secretary, treasurer, or vice president of the 

 corporation in charge of a principal business function, or any other person who 

 performs similar policy or decision-making functions for the corporation, or a 

 duly authorized representative or such person if the representative is responsible 
2-6

 for the overall operation of one or more manufacturing, production, or operating 

 facilities applying for or subject to a permit and either: 

(1) The facilities employ more than 250 persons or have gross annual sales or 

expenditures exceeding $25 million (in second quarter 1980 United States 

dollars); or 

 (2) The delegation of authority to such representative is approved in advance 

 by the Department; 

(B) For partnership or sole proprietorship: a general partner or the proprietor, 

 respectively; 

(C) For a municipality, State, Federal, or other public agency: either a principal 

 executive officer or ranking elected official. For the purposes of this regulation, a 

 principal executive officer of a federal agency includes the chief executive officer 

 having responsibility for the overall operations of a principal geographic unit of 

 the agency (e.g., a Regional Administrator of EPA); or 

 (D) For acid rain sources: 

 (1) The designated representative insofar as actions, standards, requirements, 

 or prohibitions under Title IV of the Act or the regulations promulgated 

 thereunder are concerned; and 

 (2) The designated representative for any other purposes under Part 70. 

“Secondary emissions” means those emissions of federally regulated air pollutants which, 

although associated with a source, are not emitted from the source itself. 

“Shutdown” means the cessation of operation of equipment. 

“Startup” means the setting in operation of equipment.

“Stationary source” means any building, structure, facility, or installation which emits or may 

emit any federally regulated air pollutant. 
2-7

“Title I modification” means any modification as defined under any regulation promulgated 

pursuant to Title I of the federal Clean Air Act. De minimis changes under Regulation 19, 

changes to state only permit requirements, administrative permit amendments, and changes to the 

insignificant activities list are not Title I modifications. 

“Volatile organic compounds” or “VOC” means any compound of carbon, excluding carbon 

monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium 

carbonate, which participates in atmospheric photochemical reactions. 

(A) This includes any such organic compound other than the following, which have 

been determined to have negligible photochemical reactivity: 

acetone; 

methane; 

ethane; 

methylene chloride (dichloromethane); 

1,1,1- trichloroethane (methyl chloroform); 

tetrachloroethylene (perchloroethylene); 

1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); 

trichlorofluoromethane (CFC-11); 

dichlorodifluoromethane (CFC-12); 

chlorodifluoromethane (HCFC-22); 

trifluoromethane (HFC-23); 

1,2-dichloro 1,1, 2, 2-tetrafluoroethane (CFC-114); 

chloropentafluoroethane (CFC-115); 

1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); 

1,1,1,2-tetrafluoroethane (HFC-134a); 

1,1-dichloro 1-fluoroethane (HCFC-141b); 

1-chloro 1,1-difluoroethane (HCFC-142b); 

2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); 

pentaflurorethane (HFC-125); 

1,1,2,2-tetrafluoroethane (HFC-134); 

1,1,1-trifluoroethane (HFC-143a); 

1,1-difluoroethane (HFC-152a); 

parachlorobenzotrifluoride (PCBTF); 

cyclic, branched, or linear completely methylated siloxanes; 

3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); 

1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb); 

1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee); 

difluoromethane (HFC-32); 
2-8

ethylfluoride (HFC-161); 

1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 

1,1,2,2,3-pentafluoropropane (HFC-245ca); 

1,1,2,3,3-pentafluoropropane (HFC 245ea); 

1,1,1,2,3-pentafluoropropane (HFC-245eb); 

1,1,1,3,3-pentafluoropropane (HFC-245fa); 

1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 

1,1,1,3,3-pentafluorobutane (HFC-365mfc); 

chlorofluoromethane (HCFC-31); 

1 chloro-1-fluoroethane (HCFC-151a); 

1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a); 

1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or HFE-7100);

2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane 

 ((CF3)2CFCF2OCH3);

1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE 7200);

2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)2CFCF2OC2H5);

methyl acetate; 

1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3 or HFE-7000); 

3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane 

 (HFE-7500) 

1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea); 

methyl formate (HCOOCH3) 

1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300); 

and perfluorocarbon compounds which fall into these classes: 

 (1) cyclic, branched, or linear, completely fluorinated alkanes; 

(2) cyclic, branched, or linear, completely fluorinated ethers with no 

 unsaturations; 

 (3) cyclic, branched, or linear, completely fluorinated tertiary amines with no 

 unsaturations; and

 (4) sulfur containing perfluorocarbons with no saturations and with sulfur 

 bonds only to carbon and fluorine. 

(B) For purposes of determining compliance with emission limits, VOC will be 

measured by the test methods in the approved State Implementation Plan (SIP) or 

40 CFR Part 60, Appendix A, as of July 1, 1997, as applicable. Where such a 

method also measures compounds with negligible photochemical reactivity, these 
2-9

negligibly-reactive compounds may be excluded as VOC if the amount of such 

compounds is accurately quantified, and such exclusion is approved by the 

Department. 

(C) As a precondition to excluding these compounds as VOC or at any time 

 thereafter, the Department may require an owner or operator to provide 

 monitoring or testing results demonstrating, to the satisfaction of the Department, 

 the amount of negligibly-reactive compounds in the source’s emissions. 

(D) The following compound(s) are VOC for purposes of all recordkeeping, 

emissions reporting, photochemical dispersion modeling and inventory 

requirements which apply to VOC and shall be uniquely identified in emission 

reports, but are not VOC for purposes of VOC emissions limitations or VOC 

content requirements: t-butyl acetate. 
9-1

CHAPTER 9: PREVENTION OF SIGNIFICANT DETERIORATION 

Reg. 19.901 Title 

The following rules and regulations of the Arkansas Pollution Control and Ecology Commission, 

adopted in accordance with the provisions of Part II of the Arkansas Water and Air Pollution 

Control Act at A.C.A §§8-4-101 et seq., shall be known as the Prevention of Significant 

Deterioration Regulations of the Arkansas Plan of Implementation for Air Pollution Control, 

hereinafter referred to, respectively, as the “PSD Regulations.” 

Reg. 19.902 Purposes 

Promulgation and enforcement of these PSD Regulations is intended to further the purposes of 

the Plan and the Regulations of the Plan, including, but not limited to, acceptance of delegation 

by the EPA of authority for enforcement of regulations governing the prevention of significant 

deterioration of air quality and regulations governing the protection of visibility in mandatory 

Class I federal areas. 

Reg. 19.903 Definitions 

(A) "Advance notification" (of a permit application) means any written communication 

which establishes the applicant's intention to construct, and which provides the 

Department with sufficient information to determine that the proposed source may 

constitute a major new source or major modification, and that such source may affect 

any mandatory Class I federal area, including, but not limited to, submittal of a draft 

or partial permit application, a PSD monitoring plan, or a sufficiently detailed letter. 

"Advance notification" does not include general inquiries about the Department's 

regulations. 

(B) All other terms used herein shall have the same meaning as set forth in Chapter 2 of 

Regulation 19 or in 40 CFR 52.21(b) [PSD] and 40 CFR 51.301 [Protection of 

Visibility] as of November 29, 2005, all as in effect upon the latest date of 

amendment of this supplement, unless manifestly inconsistent with the context in 

which they are used. Wherever there is a difference between the definitions in 

Chapter 2 of Regulation 19 and those listed in 40 CFR 52.21(b) and 40 CFR 51.301, 
9-2

the federal definitions as listed in 40 CFR 52.21(b) and 40 CFR 51.301 as of 

November 29, 2005, shall apply. 

(C) The definition for “routine maintenance, repair and replacement” in 40 CFR 

52.21(b)(2)(iii)(a) is not incorporated.

Reg. 19.904 Adoption of Regulations 

(A) Except where manifestly inconsistent with the provisions of the Clean Air Act, as 

amended, or with federal regulations adopted pursuant thereto, and as amended 

specifically herein by paragraphs (B), (C), (D), (E), and (F) of Reg. 19.904, the 

Arkansas Department of Environmental Quality shall have those responsibilities and 

that authority, with reference to the State of Arkansas, granted to the Administrator 

of the EPA under 40 CFR 52.21 (a)(2) through (bb), as in effect on November 29, 

2005, which are hereby incorporated herein by reference, with the exception of 40 

CFR 52.21(b)(55-58), 40 CFR 52.21(i) (9), and 40 CFR 52.21(cc), which are not 

incorporated. In the absence of a specific imposition of responsibility or grant of 

authority, the Department shall be deemed to have that responsibility and authority 

necessary to attain the purposes of the Plan, these PSD Regulations, and the 

applicable federal regulations, as incorporated herein by reference. 

(B) Exclusions from the consumption of increments, as provided in 40 CFR 

51.166(f)(1)(iii) as of November 29, 2005, shall be effective immediately. 

Submission of this Plan under the Governor's signature constitutes a request by the 

Governor for this exclusion. 

(C) In addition to the requirements of 40 CFR 52.21(o) as of November 29, 2005, the 

following requirements [designated as Reg. 19.904(C)(1),(2),(3) and (4)] shall also 

apply: 

(1) Where air quality impact analyses required under this part indicate that the 

issuance of a permit for any major stationary source or for any major 

modification would result in the consumption of more than fifty percent (50%) of 

any available annual increment or eighty percent (80%) of any short term 

increment, the person applying for such a permit shall submit to the Department 

an assessment of the following factors: 
9-3

(a) Effects that the proposed consumption would have upon the 

industrial and economic development within the area of the 

proposed source; and 

(b) Alternatives to such consumption, including alternative siting of 

the proposed source or portions thereof. 

(2) The assessment required under subparagraph (4) above shall be made part of the 

application for permit and shall be made available for public inspection as 

provided in 40 CFR 52.21(q) as of November 29, 2005. 

(3) The assessment required under subparagraph (4) above shall be in detail 

commensurate with the degree of proposed increment consumption, both in terms 

of the percentage of increment consumed and the area affected. 

(4) The assessment required under subparagraph (4) above may be made effective 

where a proposed source would cause an increment consumption less than that 

specified in said subparagraph if the Director finds that unusual circumstances 

exist in the area of the proposed source which warrant such an assessment. The 

Director shall notify the applicant in writing of those circumstances which warrant 

said assessment. The Commission may rescind or modify the Director's action, 

upon a showing by the applicant that the circumstances alleged by the Director 

either do not exist or do not warrant the aforecited assessment. 

(D) In addition to the requirements of 40 CFR 52.21(p)(1) as of November 29, 2005, the 

following requirements shall also apply: 

 Impacts on mandatory Class I federal areas include impacts on visibility. The 

preliminary determination that a source may affect air quality or visibility in a mandatory 

Class I federal area shall be made by the Department, based on screening criteria agreed 

upon by the Department and the Federal Land Manager. 

(E) In all instances wherein the aforesaid 40 CFR 51.301 and 40 CFR 52.21 refer to the 

Administrator or the Environmental Protection Agency, the reference, for the 

purposes of paragraph (A) of Reg. 19.904, shall be deemed to mean the Arkansas 
9-4

Department of Environmental Quality, unless the context plainly dictates otherwise, 

except in the following sections: 

 (1) Exclusion from increment consumption: 40 CFR 52.21(f)(1)(v), (f)(3), and 

 (f)(4)(I); 

 (2) Redesignation: 40 CFR 52.21(g)(1), (g)(2), (g)(4), (g)(5), and (g)(6); 

 (3) Air quality models: 40 CFR 52.21 (2). 

(F) Redesignation of air quality areas in Arkansas shall comply with Arkansas Code 

Annotated 1987 Section 8-3-101 et seq. 

(G) For the purpose of the regulation of GHGs, only the standards and requirements 

promulgated by EPA as of June 3, 2010, related to the permitting of GHG emissions 

shall apply to the requirements of 40 CFR 52.21, as of November 29, 2005, 

incorporated by reference at Reg.19.904(A). The following definitions and 

requirements shall also apply: 

(1) “Greenhouse gases” (GHGs) means the air pollutant defined as the aggregate 

group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, 

hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be 

subject to regulation except as provided in Reg. 19.904(G)(4) through 

Reg.19.904(G)(5). 

(2) For purposes of Reg. 19.904(G)(3) through Reg.19.904(G)(5): 

(a) The term tons per year (tpy) “CO2 equivalent emissions” (CO2e) shall 

represent an amount of GHGs emitted, and shall be computed as follows: 

(i) Multiplying the mass amount of emissions in tpy, for each of the 

six greenhouse gases in the pollutant GHGs, by each gas’s 

associated global warming potential published at Table A - 1 to 

subpart A of 40 CFR part 98 - Global Warming Potentials (as of 

October 30, 2009); and 
9-5

(ii) Sum the resultant values from Reg. 19.904(G)(2)(a)(i) for each gas 

to compute a tpy CO2e.

(b) For purposes of this definition, prior to July 21, 2014, the mass of the 

greenhouse gas carbon dioxide shall not include carbon dioxide emissions 

resulting from the combustion or decomposition of non-fossilized and 

biodegradable organic material originating from plants, animals, or microorganisms (including products, by-products, residues and waste from 

agriculture, forestry and related industries as well as the non-fossilized and 

biodegradable organic fractions of industrial and municipal wastes, 

including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material). 

(3) The term “emissions increase” as used in Reg. 19.904(G)(4) through Reg. 

19.904(G)(5) shall mean that both a significant emissions increase (as calculated 

using the procedures in 40 CFR 52.21(a)(2)(iv), as of November 29, 2005), and a 

significant net emissions increase (as defined in 40 CFR 52.21(b)(3), as of 

November 29, 2005, and 40 CFR 52.21(b)(23), as of November 29, 2005), occur. 

For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, and 

shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, 

and “significant” is defined as 75,000 tpy CO2e instead of applying the value in 

40 CFR 52.21(b)(23)(ii), as of November 29, 2005. 

(4) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if: 

(a) The stationary source is a new major stationary source for a regulated 

NSR pollutant that is not GHGs, and also will emit or will have the 

potential to emit GHGs at 75,000 tpy CO2e or more; or

(b) The stationary source is an existing major stationary source for a regulated 

NSR pollutant that is not GHGs, and also will have an emissions increase 

of a regulated NSR pollutant, and an emissions increase of GHGs of 

75,000 tpy CO2e or more. 
9-6

(5) Beginning July 1, 2011, in addition to the provisions in Reg.19.904(G)(4) of this 

section, the pollutant GHGs shall also be subject to regulation: 

(a) At a new stationary source that will emit or have the potential to emit 

100,000 tpy CO2e or more; or 

(b) At an existing stationary source that emits or has the potential to emit 

100,000 tpy CO2e or more, when such stationary source undertakes a 

physical change or change in the method of operation that will result in an 

emissions increase of 75,000 tpy CO2e or more. 
ARKANSAS REGISTER

Transmittal Sheet * Use only for FINAL and EMERGENCY RULES

Secretary of State

Mark Martin

State Capitol, Suite 026

Little Rock, Arkansas 72201-1094

(501) 682-3527

www.sos.arkansas.gov

For Office

Use Only:

Effective Date Code Number _

Name ofAgency Arkansas Pollution Control & Ecology Commission

Department Arkansas Department of Environmental Quality

bates@adeq.state.ar.us

Contact Mike Bates E-mail Phone (501) 682-0730

Statutory Authority for Promulgating Rules _A_._C_._A_._§_8_-_4_-_2_0_2 _

Regulation No. 19, Regulations of the Arkansas Plan of Implementation

Rule Title: -f~o-r--==-A..... i-r----.P"....o~li"""'l....u---;-t..,..i-o-n---::C::-o-n--:t,....r-o-....-l-i---=D,....o-c,.k-e--:t--;N""o-.---:;"1-=2:----.0.-:0"....6::=--"-R=-;"""""="'M:-::O"""""#T":1:-:2"""--47"";;s--

Intended Effective Date Date

(Check One)

o Emergency (ACA 25-15-204)

o 30 Days After Filing (ACA 25-15-204)

o Other _

(Must be more than 30 days after filing date.)

Legal Notice Published

Final Date for Public Comment

Reviewed by Legislatice Council

Adopted by State Agency

08/01/12

08/15/12

08/17/12

10/26/12

Electronic Copy of Rule submitted under ACA 25-15-218 by:

Contact Person [-mail Address

co

-<

I Date

I

c~o

CERTIFICATION OF AUTHORIZED OFFICER

I Hereby Certify That The Attached Rules Were Adopted I

In Compliance with Act 434 of1967 the Arkansas Administrative Procedures Ac (ACA 25-15-201 et. seelJ:::

\ -. A 1\ .;j: ,.:::~

'?- , t~;" Signature \

(501) 682-7890 charles.moulton@arkans.sag.org

Phone Number £-mall Address

Administrative Hearing Officer

Title

November 8, 2012

Date

Revised 8/Z011to ,enect new legislation passed III ZOll.
ARKANSAS POLLUTION CONTROL & ECOLOGY COMMISSION

101 EAST CAPITOL

SUITE 205

UTILE ROCK, ARKANSAS 72201

PHONE: (501) 682-7890

FAX: (501) 682-7891

November 8, 2012

Ms. Donna Davis

Administrative Rules and Regulations Committee

Room 433, State Capitol Building

Little Rock, Arkansas 72201

RE: Regulation No. 19, Regulations for the Arkansas Plan of

Implementation for Air Pollution Control - FINAL FILING.

Dear Ms. Davis:

I am enclosing the following for filing with your office:

1. One (1) hard copies of the amendment to Regulation No. 19,

Regulations for the Arkansas Plan of Implementation for Air

Pollution Control.

2. One (1) copies of Commission Minute Order No. 12-46

3. One (1) 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.

RECEIVED

NOV 08 2012

BUREAU OF

LEGISLATIVE RESEARCH

Enclosures

Respectfully,

Charles

~~Moulton

Administrative Hearing Officer
ARKANSAS STATE LIBRARY

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Documents Services - Arkansas State Library

One Capitol Mall- Little Rock, AR 72201-1094

501-682-2326 Phone; 501-682-1532 FAX

Agency Certification Form

For Depositing Final Rules and Regulations

At the Arkansas State Library

,

For Office Use Only

Effective Date: Classification Number:

Name of Agency: Arkansas Department of Environmental Quality

Contact Person: Mike Bates Telephone: (501) 682-0730

Statutory Authority for Promulgating Rules: A.C.A. §8-4-202

Title ofRule: Regulation No 19, Regulations ofthe Arkansas Plan ofImplementation for Air Pollution

Control; Docket No 12-005-R; Minute Order No. 12-46.

Rule Status Effective Date Status Effective Date

D New RulelRegulation D Emergency

[g] Amended RulelRegulation [g] 10 Days after filing

November 18, 2012

D Repealed RulelRegulation D Other

D Order D 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 rules were adopted in compliance with Act 434 of 1967 as amended.

Signature: Date: November 8, 2012

Title: Administrative Hearing Officer

1/14/99
ARKANSAS POLLUTION CONTROL

AND ECOLOGY COMMISSION

MINUTE ORDER NO. 12 - 4\0

SUBJECT Adoption of

Revisions to Regulation 19,

Re2u]ations of the Arkansas

Plan of Implementation for

Air Pollution Control

DOCKET NO. 12-00S-R

PAGE 1 OF]

Pursuant to public notice and hearing, and in consideration of comments received,

the Arkansas Pollution Control and Ecology Commission hereby adopts changes to

Regulation No. 19, Regulations ofthe Arkansas Plan ofImplementation for Air

Pollution Control.

PROMULGATED THIS 26th DAY OF OCTOBER, 2012, BY ORDER OF THE

ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION.

ATTEST:

BY:

~d~~(~ Teresa Marks, Director

COMMISSIONERS

__-..--==~__J. Bates

)j:1'- L. Bengal

c.... J. Chamberlin

:f J. Fox

__Jf\ )"" D. Hendrix

\" L. Hitchcock -------

_______ S. Jorgensen (Chair)

------...,f-7I:::..-- D. Samples

-----::--=-t....,.e;=--- L. Sickel (Vice Chair)

_--;~ 1. Simpson

_______ W. Thompson

"1 / B. White ILZ R. Young

S.Jorg~ SUBMIITED BY: Mike Bales PASSED: 10/2612012

EXHIBIT E
Tab G 

Procedural Requirements
GHG Tailoring Rule 

 - Regulation Tracking Sheets 

 - Arkansas Register Transmittal Sheets 

 - Arkansas State Library Agency Certification Forms 
1 of 2 

EXHIBIT D 

ADEQ REGULATIONS TRACKING SHEET

Regulation No. 9 Common Name: Fee Regulations 

1. Strawman review of draft regulation by key groups. 

 initiated completed incorporated 

EPA 12/02/2011 1/31/2012 N/A 

ADEQ Legal/Admin. 10/15/2010 4/09/2012 4/09/2012 

Industrial/ 2/15/2010 3/14/2012 N/A 

Environmental Groups 

Comments: Revisions to the Fee Regulations were the result of stakeholder meetings and a rigorous 

public process. No changes were made to the originally proposed revisions as a result of comments 

received during this process. 

2. Proposed regulation presentation to Commission's Regulations Committee for approval to proceed to 

public comment period. 

Date: 12/02/2011 By: Mike Bates 

Comments/Approval: Committee recommended adoption of Petition to initiate rulemaking 

3. Legal notice of proposed regulation and public hearing. 

publication dates of publication

 Arkansas Democrat-Gazette 12/07/2011 and 12/08/2011 

4. Provide Legislative Council with three copies of proposed regulation and the legislative questionnaire 

at least ten days prior to the first public hearing. 

Date Delivered: 11/18/2011 

5. Hold public hearing(s) on the proposed regulation. 

location date hearing chairman

 ADEQ Commission Room 1/17/2012 Stan Jorgensen 

6. Date of final day of public comment period: 1/31/2012 

7. Final proposed regulation and response to comments prepared by Department. 

Date initiated: 3/23/2011 Date completed: 3/30/2012 

8. Formal presentation to the Public Health & Welfare Committee of the Legislative Council. 

Date: 5/17/2012 By: Teresa Marks 
Comments/Approval: Approval received bv Committee 

9. Formal presentation of proposed final regulation to the Administrative Rules & Regulations 

Subcommittee of the Legislative Council (All Regs). 

Date: 611 31201 2 By: Teresa Marks 

Comments/Approval: Approval received bv Committee 

10. Presentation of proposed final regulation to Commission's Regulations Committee. 

Date: 61221201 2 By: Mike Bates 

Comments/Approval: Committee recommended adoption of final rulemakinq. 

11. Provide Commission members with copy of proposed final regulation prior to Commission meeting. 

Date Delivered: 6/08/12 

12. Present proposed final regulation to the Commission for adoption. 

Date: 6/22/2012 By: Mike Bates 

Comments/Approval: Commission approved adoption of final rulemakinq. 

13. Send two copies of adopted regulation to Secretary of State (regulation will become effective July 12, 

2012, "effective ten days after filing"). 

Date mailed: Upon final promulqation of Requlation. 

14. Formally submit adopted regulation to EPA. 

Date mailed: Upon final promulgation of Regulation. 

PREPARED BY: 

ARKANSASDEPARTMENT 

OF ENVIRONMENTAL QUALITY 

By: - 

Mike Bates 

EXHIBIT D 
Transmittal Sheet * Use only for FINAL and EMERGENCY RULES

Secretary of State

Mark Martin

State Capitol, Suite 026

Little Rock, Arkansas 72201-1094

(501) 682-3527

www.sos.arkansas.gov

ARKANSAS REGISTER

ii~' ....-. ........ - "

For Office

Use Only:

Effective Date Code Number _

Name of Agency Arkansas Department of Environmental Quality

Department Arkansas Pollution Control & Ecology Commission

Con~ct Mike Bates E-mail bates@adeq.state.ar.Ph%ne (501) 682-0750

Statutory Authority for Promulgating Rules A. C. A. §8 -4 -2 01, § 8 -4 -202, §8 -4 - 304, & §8 -4 - 311

Rule Title: Reg. No.9, Permit Fee Regulations; Docket 11-007-R; MO 12-23

Adopted by State Agency 06/22/2012

Intended Effective Date

[Check One)

D Emergency (ACA 25-15-204)

D 30 Days After Filing (ACA 25-15-204)

D Other _ [Must be more than 30 days after filing date.)

Legal Notice Published

Final Date for Public Comment

Reviewed by Legislatice Council

Date

12/07/2012

01/31/2012

06/13/2012

Electronic Copy of Rule submitted under ACA 25-15-218 by:

Mike Bates bates@adeq.state.ar.us 06/29/2012

Contact Person E·mail Address Date

CERTIFICATION OF AUTHORIZED OFFICER

I Hereby Certify That The Attached Rules Were Adopted

In Compliance with Act 434 of 1967 the Arkansas Administrative Procedures Act. (ACA ~-15-201 et. ~.)

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Administrativer Hearing Officer ~~,~_~:- Title II :>2::: .. (J);rn

06/29/2012 Date

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Revised 8/2011 to reflect new legislation passed in 2011.
ARKANSAS STATE LIBRARY

Agency Certification FornI

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

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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. §8-4-201, §8-4-202, §8-4-304, and §8-4-311

Title of Rule: Regulation No 9, Permit Fee Regulations; Docket No 11-007-R; Minute Order No. 12-23.

Rule Status Effective Date Status Effective Date

o New RulelRegulation o Emergency

[?SJ Amended RulelRegulation [8J 10 Days after filing

July 9,2012

0 Repealed Rule/Regulation 0 Other

o Order 0 Repealed

o Emergency Rule/Regulation Adopted by State Agency

0 Rule above is proposed and will be replaced by final version

[8J Financial and/or Fiscal Impact Statement Attached

Certification of Authorized Officer

I hereby certify that the attached rnles were a7in compliance with Act 434 of 1967 as amended.

Signature: (7A..IL ~/I1A~ Date: June 29, 2012

Title: AdminiStrative Hearing Officer '-'" •

1/14/99
1 of 2 

EXHIBIT D 

ADEQ REGULATIONS TRACKING SHEET

Regulation No. 19 Common Name: Regulations of the Arkansas Plan of Implementation 

 for Air Pollution Control 

1. Strawman review of draft regulation by key groups. 

 initiated completed incorporated 

EPA 11/30/2010 5/16/2012 5/15/2012 

ADEQ Legal/Admin. 10/15/2010 5/14/2012 5/15/2012 

Industrial/ 12/15/2010 5/14/2012 5/15/2012 

Environmental Groups 

Comments: Revisions to the Regulations of the Arkansas Plan of Implementation for Air Pollution 

Control were the result of numerous stakeholder meetings and a rigorous public process. In 

addition to the public hearing and an extended comment period, stakeholder meetings also occurred on 

12/14/2010, 3/11/2011, and 2/29/2012, and additional meetings with Arkansas Environmental 

Federation representatives occurred on 3/1/2011, 3/9/2012, 5/10/2012, and 5/14/2012. EPA also 

provided comments to ADEQ on the draft language during the public review process and in the spring of 

2012. Several changes were made to the originally proposed revisions as a result of considering 

comments received during this process. 

2. Proposed regulation presentation to Commission's Regulations Committee for approval to proceed to 

public comment period. 

Date: 1/28/2011 By: Mike Bates 

Comments/Approval: Committee recommended adoption of Petition to initiate rulemaking. 

3. Legal notice of proposed regulation and public hearing. 

publication dates of publication

 Arkansas Democrat-Gazette 2/02/2011 and 2/03/2011 

4. Provide Legislative Council with three copies of proposed regulation and the legislative questionnaire 

at least ten days prior to the first public hearing. 

Date Delivered: 1/14/2011 

5. Hold public hearing(s) on the proposed regulation. 

location date hearing chairman

 ADEQ Commission Room 3/08/2011 Judge Charles Moulton 

6. Date of final day of public comment period: 3/22/2011; extended to 4/11/2011 

7. Final proposed regulation and response to comments prepared by Department. 

Date initiated: 3/23/2011 Date completed: 5/16/2012 
8. Formal presentation to the Public Health & Welfare Committee of the Legislative Council. 

Date: 511 7/20? 2 By: Teresa Marks 

Comments/Approval: Approval received bv Committee 

9. Formal presentation of proposed final regulation to the Administrative Rules & Regulations 

Subcommittee of the Legislative Council (all Regs). 

Date: 611 31201 2 By: Teresa Marks 

Comments/Approval: Approval received bv Committee 

10. Presentation of proposed final regulation to Commission's Regulations Committee. 

Date: 6/22/2012 By: Mike Bates 

Comments/Approval: Committee recommended adoption of final rulemakinq. 

11. Provide Commission members with copy of proposed final regulation prior to Commission meeting. 

Date Delivered: 6/08/2012 

12. Present proposed final regulation to the Commission for adoption. 

Date: 6/22/2012 By: Mike Bates 

Comments/Approval: Commission approved adoption of final rulemakinq. 

13. Send two copies of adopted regulation to Secretary of State (regulation will become effective July 12, 

2012, "ten days after filing"). 

Date mailed: Upon final promulqation of Requlation. 

14. Formally submit adopted regulation to EPA. 

Date mailed: Upon final promulaation of Requlation. 

PREPARED BY: 

ARKANSAS DEPARTMENT 

OF ENVIRONMENTAL QUALITY 

By: - Mike Bates 

2of2 

EXHIBIT D 
Transmittal Sheet * Use only for FINAL and EMERGENCY RULES

Secretary of State

Mark Martin

State Capitol, Suite 026

Little Rock, Arkansas 72201-1094

(501) 682-3527

WWw.sos.arkansas.gov

ARKANSAS REGISTER

Jl'. "~.,,,,.,,,..--

~-~

For Office

Use Only:

Effective Date Code Number _

Name of Agency Arkansas Department of Environmental Quality

Department Arkansas Pollution Control & Ecology Commission

Conmct Mike Bates E-mail bates@adeq.state.ar.Ph%ne (501) 682-0750

Statutory Authority for Promulgating Rules A.C.A. §8-4-201, §8-4-202, and §8-4-311

Final Date for Public Comment

Reviewed by Legislatice Council

AR Plan of Implementation for Air

Minute Order No. 12-21

Date

RuleTitle: Reg No. 19, Regulations of the

Pollution Control; Docket No. 11-002-R;

Intended Effective Date

[Check One]

o Emergency (ACA 25-15-204)

o 30 Days After Filing (ACA 25-15-204)

o Other _

[Must be more than 30 days after filing date.]

Legal Notice Published

Adopted by State Agency

02/02/2011

04/11/2011

06/13/2012

06/22/2012

Electronic Copy of Rule submitted under ACA 25-15-218 by:

Mike Bates

Contact Person bates@adeq.state.ar.us E-mail Address

06/29/2012

Date

CERTIFICATION OF AUTHORIZED OFFICER

I Hereby Certify That The Attached Rules Were Adopted OJ

In Compliance with Act 434 of 1967 the Arkansas Administrative Procedure Act. (ACA 2s:15-201 et. s~ -, - U'l Cf:J N

/~ /. f ,~~~: ;:~ ! N

) \...0

(501) 682-7890 charles.moulton@arkansalsag~gov

A~:n:~u::e~rativer Hearing o;~n:i~::ess II 0~ TI~ ~~

06/29/2012 o. Date

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Revised 8/2011 to reflect new legislation passed In 2011.
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

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Effective Date: Classification Number:

Name of Agency: Arkansas Department of Environmental Quality

Contact Person: Mike Bates Telephone: (501) 682-0750

Statutory Authority for Promul2atin2 Rules: A.C.A. ~8-4-201, ~8-4-202, and §8-4-311

Title ofRule: Regulation No 19, Regulations of the Arkansas Plan of Implementation for Air Pollution

Control; Docket No 1l-002-R; Minute Order No. 12-21.

Rule Status Effective Date Status Effective Date

o New Rule/Regulation D Emergency

k8J Amended Rule/Regulation r2J 10 Days after filing

July 9,2012

o Repealed Rule/Regulation D Other

0 Order D Repealed

0 Emergency Rule/Regulation Adopted by State Agency

0 Rule above is proposed and will be replaced by final version

C8J Financial and/or Fiscal Impact Statement Attached

Certification of Authorized Officer

I hereby certify that the attached rules were adopted in compliance with Act 434 of 1967 as amended.

Signature: Date: June 29, 2012

Title: Administrative Hearing Officer

1/14/99
1 of 2 

EXHIBIT D 

ADEQ REGULATIONS TRACKING SHEET

Regulation No. 26 Common Name: Regulations of the Arkansas Operating Air Permit Program 

1. Strawman review of draft regulation by key groups. 

 initiated completed incorporated 

EPA 11/30/2010 5/16/2012 5/15/2012 

ADEQ Legal/Admin. 10/15/2010 5/14/2012 5/15/2012 

Industrial/ 12/15/2010 5/14/2012 5/15/2012 

Environmental Groups 

Comments: Revisions to the Arkansas Operating Air Permit Program were the result of numerous 

stakeholder meetings and a rigorous public process. In addition to the public hearing and an extended 

public comment period, stakeholder meetings also occurred on 12/14/2010, 3/11/2011, and 2/29/2012, 

and additional meetings with Arkansas Environmental Federation representatives occurred on 

3/1/2011, 3/9/2012, 5/10/2012, and 5/14/2012. EPA also provided comments to ADEQ on the draft 

language during the public review process and in the spring of 2012. Several changes were made to 

the originally proposed revisions as a result of considering comments received during this process. 

2. Proposed regulation presentation to Commission's Regulations Committee for approval to proceed to 

public comment period. 

Date: 1/28/2011 By: Mike Bates 

Comments/Approval: Committee recommended adoption of Petition to initiate rulemaking. 

3. Legal notice of proposed regulation and public hearing. 

publication dates of publication

 Arkansas Democrat-Gazette 2/02/2011 and 2/03/2011 

4. Provide Legislative Council with three copies of proposed regulation and the legislative questionnaire 

at least ten days prior to the first public hearing. 

Date Delivered: 1/14/2011 

5. Hold public hearing(s) on the proposed regulation. 

location date hearing chairman

 ADEQ Commission Room 3/8/2011 Judge Charles Moulton 

6. Date of final day of public comment period: 3/22/2011; extended to 4/11/2011 

7. Final proposed regulation and response to comments prepared by Department. 

Date initiated: 3/23/2011 Date completed: 5/16/2012 

8. Formal presentation to the Public Health & Welfare Committee of the Legislative Council. 

Date: 5/17/2012 By: Teresa Marks 
CommentdApproval: A~~roval received bv Committee 

9. Formal presentation of proposed final regulation to the Administrative Rules & Regulations 

Subcommittee of the Legislative Council (All Regs). 

Date: 611 31201 2 By: Teresa Marks 

Comments/Approval: A~proval received bv Committee 

10. Presentation of proposed final regulation to Commission's Regulations Committee. 

Date: 6/22/2012 By: Mike Bates 

CommentdApproval: Committee recommended adoption of final rulemaking. 

11. Provide Commission members with copy of proposed final regulation prior to Commission meeting. 

Date Delivered: 61081201 2 

12. Present proposed final regulation to the Commission for adoption. 

Date: 6/22/20 1 2 By: Mike Bates 

Comments/Approval: Commission approved adoption of final rulemakinq. 

13. Send two copies of adopted regulation to Secretary of State (regulation will become effective July 12, 

2012, "ten days after filing1'). 

Date mailed: Upon final promulgation of Requlation. 

14. Formally submit adopted regulation to EPA. 

Date mailed: Upon final promulaation of Requlation. 

PREPARED BY: 

ARKANSASDEPARTMENT 

OF ENVIRONMENTAL QUALITY 

n 

By: 

Mike Bates 

EXHIBIT D 
Transmittal Sheet

* Use only for FINAL and EMERGENCY RULES

Secretary of State

Mark Martin

State Capitol, Suite 026

Little Rock, Arkansas 72201-1094

(501) 682-3527

www.sos.arkansas.gov

ARKANSAS REGISTER , - ... / -

For Office

Use Only:

Effective Date Code Number _

Name of Agency Arkansas Department of Environmental Quality

Department Arkansas Pollution Control & Ecology Commission

Con~ct Mike Bates E-mail bates@adeq.state.ar.Ph%ne (501) 682-0750

Statutory Authority for Promulgating Rules A. C.A. § 8 -4 -2 01, § 8 - 4 -202, and § 8 - 4 - 311

Rule Title: Reg No. 26, Regulations of the Arkansas Operating Air Permit

Program; Docket No. 11-003-R; Minute Order No. 12-22

Intended Effective Date Date

(Check One)

o Emergency (ACA 25-15-204)

o 30 Days After Filing (ACA 25-15-204)

DOther -,,--,--:-_--:-----::--:-----:-__-,,--_ [Must be more than 30 days after nIing date.}

Legal Notice Published

Final Date for Public Comment

Reviewed by Legislatice Council

Adopted by State Agency

02/02/2011

04/11/2011

06/13/2012

06/22/2012

Electronic Copy of Rule submitted under ACA 25-15-218 by:

Mike Bates

Contacl Person

bates@adeq.state.ar.us

E-mail Address

06/29/2012

Dale

CERTIFICATION OF AUTHORIZED OFFICER

[ Hereby Certify That The Attached Rules Were Adopted

In Compliance with Act 434 of 1967 the Arkansas Administrative Procedures Act. (ACA 251 15-Wet. se€N

/) / \ ~~-;" (- r ( ~~t~"~ ~2 SlgIlalure • I ',,: S; , (501) 682-7890 charles .moulton@arkansa~ag..gov

Phone Number E-mail Address I ::~ If

Administrativer Hearing Officer I :;;~:

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Dale

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Revised 8/2011 to renect new legislation passed tn 2011.
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

.- -~....)

-" '-' )-,

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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 Promuleatine Rules: A.C.A. ~8-4-201, ~8-4-202, and ~8-4-311

Title of Rule: Regulation No 26, Regulations of the Arkansas Operating Air Permit Program; Docket No

11-003-R; Minute Order No. 12-22.

Rule Status Effective Date Status Effective Date

0 New RulelRegulation 0 Emergency

[8J Amended Rule/Regulation [8J 10 Days after filing

July 9, 2012

o Repealed Rule/Regulation 0 Other

o Order 0 Repealed

o Emergency Rule/Regulation Adopted by State Agency

D Rule above is proposed and will be replaced by final version

IZ1 Financial and/or Fiscal Impact Statement Attached

Certification of Authorized Officer

I hereby certify that the attached rules were adopted in compliance with Act 434 of 1967 as amended.

Signature: Date: June 29, 2012

Title: Administrative Hearing Officer

1/14/99
Biomass Deferral Rule 

 - Regulation Tracking Sheets 

 - Arkansas Register Transmittal Sheets 

 - Arkansas State Library Agency Certification Forms 
ADEQ REGULATIONS TRACKING SHEET 

Regulation No. 19 Common Name: Requlations of the Arkansas Plan of Implementation 

for Air Pollution Control 

1. Strawman review of draft regulation by key groups. 

initiated completed incorporated 

EPA June 28,2012 Auqust 17. 2012 NIA 

ADEQ LegallAdmin. Mav 29,2012 June 7.2012 NIA 

Industrial1 June 22,2012 Auqust 17. 2012 NIA 

Environmental Groups 

Comments: Revisions to the Requlations of the Arkansas Plan of lm~lementation for Air Pollution 

Control were made in order to traditionallv incorporate chanqes which were adopted under Emerqencv 

rulemakinq procedures bv the Commission on June 22, 2012. 

2. Proposed regulation presentation to Commission's Regulations Committee for approval to proceed to 

public comment period. 

Date: June 22,2012 By: Mike Bates 

Comments/Approval: Committee recommended adoption of Petition to Initiate Rulemakinq 

3. Legal notice of proposed regulation and public hearing. 

publication dates of ~ublication 

Arkansas Democrat-Gazette June 27 -June 28,2012 

4. Provide Legislative Council with three copies of proposed regulation and the legislative questionnaire 

at least ten days prior to the first public hearing. 

Date Delivered: 811 71201 2 

5. Hold public hearing(s) on the proposed regulation. 

location - date hearinq chairman 

ADEQ Commission Room 8/1/2012 Loren Hitchcock 

6. Date of final day of public comment period: 811 51201 2 

7. Final proposed regulation and response to comments prepared by Department. 

Date initiated: 8/16/2012 Date completed: 811 712012 

EXHIBIT D 
8. Formal presentation to the Public Health &Welfare Committee of the Legislative Council. 

Date: 911 31201 2 By: Teresa Marks 

Comments/Approval: Approval received bv Committee 

9. Formal presentation of proposed final regulation to the Administrative Rules & Regulations 

Subcommittee of the Legislative Council (all Regs). 

Date: 1011 512012 By: Teresa Marks 

Comments/Approval: Approval received bv Committee 

10. Presentation of proposed final regulation to Commission's Regulations Committee. 

Date: 10/26/2012 By: Mike Bates 

Comments/Approval: Committee recommended adoption of final rulemakinq. 

-- 

1 I. Provide Commission members with copy of proposed final regulation prior to Commission meeting. 

Date Delivered: 1011 21201 2 

12. Present proposed final regulation to the Commission for adoption. 

Date: 1 0126120 1 2 By: Mike Bates 

Comments/Approval: Commission approved adoption of final rulemakinq. 

13. Send two copies of adopted regulation to Secretary of State. 

Date mailed: Upon final promulqation of Requlation. 

14. Formally submit adopted regulation to EPA. 

Date mailed: Upon final promulqation of Requlation. 

PREPARED BY: 

ARKANSASDEPARTMENT 

OF ENVIRONMENTAL QUALITY 

Mike Bates 

EXHIBIT D 
ARKANSAS REGISTER

Transmittal Sheet * Use only for FINAL and EMERGENCY RULES

Secretary of State

Mark Martin

State Capitol, Suite 026

Little Rock, Arkansas 72201-1094

(501) 682-3527

www.sos.arkansas.gov

For Office

Use Only:

Effective Date Code Number _

Name ofAgency Arkansas Pollution Control & Ecology Commission

Department Arkansas Department of Environmental Quality

bates@adeq.state.ar.us

Contact Mike Bates E-mail Phone (501) 682-0730

Statutory Authority for Promulgating Rules _A_._C_._A_._§_8_-_4_-_2_0_2 _

Regulation No. 19, Regulations of the Arkansas Plan of Implementation

Rule Title: -f~o-r--==-A..... i-r----.P"....o~li"""'l....u---;-t..,..i-o-n---::C::-o-n--:t,....r-o-....-l-i---=D,....o-c,.k-e--:t--;N""o-.---:;"1-=2:----.0.-:0"....6::=--"-R=-;"""""="'M:-::O"""""#T":1:-:2"""--47"";;s--

Intended Effective Date Date

(Check One)

o Emergency (ACA 25-15-204)

o 30 Days After Filing (ACA 25-15-204)

o Other _

(Must be more than 30 days after filing date.)

Legal Notice Published

Final Date for Public Comment

Reviewed by Legislatice Council

Adopted by State Agency

08/01/12

08/15/12

08/17/12

10/26/12

Electronic Copy of Rule submitted under ACA 25-15-218 by:

Contact Person [-mail Address

co

-<

I Date

I

c~o

CERTIFICATION OF AUTHORIZED OFFICER

I Hereby Certify That The Attached Rules Were Adopted I

In Compliance with Act 434 of1967 the Arkansas Administrative Procedures Ac (ACA 25-15-201 et. seelJ:::

\ -. A 1\ .;j: ,.:::~

'?- , t~;" Signature \

(501) 682-7890 charles.moulton@arkans.sag.org

Phone Number £-mall Address

Administrative Hearing Officer

Title

November 8, 2012

Date

Revised 8/Z011to ,enect new legislation passed III ZOll.
ARKANSAS STATE LIBRARY

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501-682-2326 Phone; 501-682-1532 FAX

Agency Certification Form

For Depositing Final Rules and Regulations

At the Arkansas State Library

W

For Office Use Only

Effective Date: Classification Number:

Name of Agency: Arkansas Department of Environmental Quality

Contact Person: Mike Bates Telephone: (501) 682-0730

Statutory Authority for Promulgating Rules: A.C.A. §8-4-202

Title ofRule: Regulation No 26, Regulations of the Arkansas Operating Air Permit Program; Docket No

12-006-R; Minute Order No. 12-47.

Rule Status Effective Date Status Effective Date

o New RulelRegulation o Emergency

I2?J Amended RulelRegulation I2?J 10 Days after filing

November 18, 2012

D Repealed RulelRegulation 0 Other

o Order o Repealed

D Emergency RulelRegulation Adopted by State Agency

o Rule above is proposed and will be replaced by final version

IZI Financial andlor Fiscal Impact Statement Attached

Certification of Authorized Officer

I hereby certify that the attached rules were adopted in compliance with Act 434 of 1967 as amended.

Signature: c%L Date: November 8, 2012

Title: Administrative Hearing Officer

1/14/99
Tab H 

Public Participation 
GHG Tailoring Rule: Regulations 9, 19, and 26 

 - Public Notice Information 

 - Public Hearing Sign-in Sheets 

 - Public Comments and Responsiveness Summaries 
 

 NOTICE OF PUBLIC HEARING FOR REGULATION CHANGES

 The Arkansas Pollution Control and Ecology Commission (APC&EC) will hold a public 

hearing at North Little Rock January 17, 2012, to receive comments on proposed changes to 

Commission Regulation 9, which governs the permit fee program for the Arkansas Department 

of Environmental Quality (ADEQ). The hearing will begin at 2:00 p.m. in the ADEQ 

Commission Room at the agency headquarters building, 5301 Northshore Drive, North Little 

Rock. 

 The deadline for submitting written comments on the proposed changes is 4:30 p.m. 

January 31, 2012. 

 APC&EC authority to amend Regulation 9 is found in Arkansas Code Annotated 

Sections 8-4-201, 8-4-202, 8-4-304, and 8-4-311. 

 In the event of inclement weather or other unforeseen circumstances, a decision may be 

made to postpone the hearing. If the hearing is postponed and rescheduled, a new legal notice 

will be published to announce the details of the new hearing date and comment period. 

 The only substantive proposed change to Regulation 9 is in Chapter 5, which deals with 

fees for permits issued by the ADEQ Air Division, and would exclude carbon dioxide and 

methane from being chargeable emissions under air permit fee formulas. 

 Other proposed revisions to the regulation involve corrections of typographical errors and 

formatting changes. 

 Copies of the proposed changes to Regulation 9 are available for public inspection during 

normal business hours at the ADEQ Public Outreach and Assistance Division on the second floor 

of the headquarters building, or at ADEQ information depositories located in public libraries at 

Arkadelphia, Batesville, Blytheville, Camden, Clinton, Crossett, El Dorado, Fayetteville, Forrest 

City, Fort Smith, Harrison, Helena, Hope, Hot Springs, Jonesboro, Little Rock, Magnolia, Mena, 

Monticello, Mountain Home, Russellville, Pocahontas, Searcy, Stuttgart, Texarkana, and West 

Memphis; in campus libraries at the University of Arkansas at Pine Bluff and the University of 

Central Arkansas at Conway; and in the Arkansas State Library, 900 W. Capitol, Suite 100, 

Little Rock. In addition, a copy of the proposed changes, along with related support documents, 

is available for viewing or downloading at the ADEQ’s Internet web site at 

www.adeq.state.ar.us. 

 Oral and written comments will be accepted at the hearing, but written comments are 

preferred in the interest of accuracy. In addition, written or electronic mail comments will be 

accepted if submitted no later than 4:30 p.m. January 31, 2012. Written comments should be sent 

to Doug Szenher, Public Outreach and Assistance Division, Arkansas Department of 

Environmental Quality, 5301 Northshore Drive, North Little Rock, AR 72118. Electronic mail 

comments should be sent to reg-comment@adeq.state.ar.us. 

 Published December 7 and 8, 2011, 

 Teresa Marks, Director, 

 Arkansas Department of Environmental Quality 
Arkamas Democrat earette 

STATIEMENT OF LEGAL ADVERTISING 

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NOTIP OF wc HEARIFlG 

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(BPC&EG) w#lW a'MRa"r\ear- 

~ng gt I& '1% RoCR January 17,2012, to recelve camments on proposed changes to &~mlSslon Regulation 9, whish governs 

the permkfeepIogmmfar We Arkansas Department of Env~ronmental aUd~!y IAaMX The healIng will begin at 200 p.m. In the 

ADEQ Commcss~on,Raom at the . agency headquarters bui(dlng, 5301 NorthshWe'Drive, North latle Rock. 

The deadline for submitting 

wr~tten comments on the pro- posed changes is 4 30 p.m. Jan- UaN 31.2012 
Arkansas Democrat Gazette 

STATEMENT OF LEGAL ADVERTISING 

ADEQ 

53 01 N SHORE DR 

NORTH LITTLE ROCK AR 72118 

ATTN: Fiscal Office 

DATE : 12/08/11 INVOICE #: 2709831 

ACCT #: L844316 P.O. #: 

REMIT TO: 

ARKANSAS DEMOCRAT-GAZETTE, IN

P.O. BOX 2221 

LITTLE ROCK, AR 72203 

1

BILLING QUESTIONS CALL 378-38

AD COPY 

STATE OF ARKANSAS, 

COUNTY OF PULASKI, 1 SS. 

I, Elizabeth Myers do solemnly swear that I am the 

Legal Billing Clerk of the Arkansas Democrat - Gazette, a daily newspaper printed and published 

in said County, State of Arkansas; that I was so 

related to thls publication at and during the 

- publication of the annexed legal advertisement in 

the matter of: 

public hearing 

pending in the Court, in said County, and 

at the dates of the several publications of said 

advertisement stated below, and that during said 

periods and at said dates, said newspaper was 

printed and had a bona fide circulation in said 

Ccxmty; that said newspaper had been regularly 

printed and published in said County, and had a 

bona fide circulation therein for the period of 

one month before the date of the first publication 

of said advertisement; and that said advertisement 

was published in the regular daily issues of said 

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STATE OF ARKANSAS 

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Page 

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Vendor No. 100049340 

Contact 

PAYABLE 

Your reference 

LITTLE ROCK NEWSPAPERS INC 

ARKANSAS DEMOCRAT GAZETTE INC 

PO Box 2221 

LITTLE ROCK AR 72203 

PO NO. 4501 207023 

Date 11/22/2011 

Contact Irma G. Hill 

Telephone 501 -682-0744 

Fax 50 1-682-0933 

Our ref. EL 

lncoterms FOB 

DESTINATION 

--- Send Invoice To: Ship TO: 

AR Dept. of Environmental Quality ADEQ 

Attn.: Accounts Payable 5301 NORTHSHORE DRIVE 

5301 Northshore Dr. NORTH LITTLE ROCK AR 721 18-5317 

North Little Rock, AR 72118-5317 

Item MateriallDescription QuantityUM Net Price Net Amount 

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ADVERTISEMENT, NEWSPAPER 

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Payment Terms: Net due in 15 days Total net item value USD including tax $315.00 

GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: 

All purchasing rules and regulations defined by the State of Arksnsas apply to this document. 

Purchasing OfficiallFiscal dfficer 

Department of Environmental Quality 

Date 

Page 1 of 3

 EXHIBIT B 

BEFORE THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION 

IN THE MATTER OF AMENDMENTS TO ) 

REGULATION NO. 9, PERMIT FEE REGULATIONS ) DOCKET NO. 11-007-R 

RESPONSIVE SUMMARY FOR 

REGULATION NO. 9, PERMIT FEE REGULATIONS 

Pursuant to Ark. Code Ann. § 8-4-202(d)(4)(C) and Regulation No. 8.815, a responsive 

summary groups public comments into similar categories and explains why the Arkansas 

Pollution Control and Ecology Commission (“Commission”) accepts or rejects the rationale for 

each category. 

On November 18, 2011, the Arkansas Department of Environmental Quality (“ADEQ” or 

“Department”) filed a Petition to Initiate Rulemaking to Amend Regulation No. 9, Permit Fee 

Regulations. Commissioner Stan Jorgensen conducted a public hearing on January 17, 2012, and 

the public comment period ended January 31, 2012. One comment was received. The following 

is a summary of the comment regarding the proposed amendments to Regulation No. 9 along 

with the Commission’s response. 

Comment 1: Title 42, Chapter 85, Subchapter V, Section 7661(b)(3)(A), requires that the owner 

or operator of “all sources” subject to the requirement to obtain a permit pay an annual fee. 

Also, in 7661(b)(3)(B)(i), states must demonstrate the permitting program will result in the 

collection from “all sources” and from “each regulated pollutant” in order for the program to be 

approved. The only exceptions seem to be for a permit fee which is less than $25 per ton. By 

exempting two of the greenhouse gas pollutants from paying a permit fee, it appears that the cost 

of the permitting program is falling on the remaining greenhouse gas pollutants and is out of 

compliance with federal law. 

Response: ADEQ disagrees that the proposed changes are in violation of federal law. 

The Clean Air Act requires that the state permit fees be sufficient to cover all reasonable costs to 

develop and administer the (title V) permit program. 42 U.S.C. § 7661a(b)(3)(A). Additionally, 

The Clean Air Act states that the total amount of fees collected shall conform to the following: 
Page 2 of 3

 EXHIBIT B 

(i) The Administrator shall not approve a program as meeting the requirements of this 

paragraph unless the State demonstrates that, except as otherwise provided in 

subparagraphs (ii) through (v) of this subparagraph, the program will result in the 

collection, in the aggregate, from all sources subject to subparagraph (A), of an 

amount not less than $25 per ton of each regulated pollutant, or such other amount 

as the Administrator may determine adequately reflects the reasonable costs of the 

permit program. 42 U.S.C. § 7661a(b)(3)(B)(i). 

Further, EPA promulgated regulations to implement the statutory requirements and provide 

directions for State Program approval at 40 CFR 70. In this regulation, EPA established the 

elements that State programs must satisfy in order for the state program to be approved by EPA, 

including the establishment of a permitting fee system. 40 CFR §70.4 (7) & (8) and 40 CFR 

70.9. Specifically, EPA states at 40 CFR §70.9 (b)(3): 

“The State program’s fee schedule may include emission fees, application fees, servicebased fees or other types of fees, or any combination thereof, to meet the requirements 

of paragraph (b)(1) or (b)(2) of this section. Nothing in the provisions of this section 

shall require a permitting authority to calculate fees on any particular basis or in the 

same manner for all part 70 sources, all classes or categories of part 70 sources, or all 

regulated air pollutants, provided the permitting authority collects a total amount of 

fees sufficient to meet the program support requirements of paragraph (b)(1) of this 

section.” (Emphasis added.) 

The federal Clean Air Act and the implementing regulations, as noted above, provide significant 

discretionary authority for a State to craft its permitting fee system to the specific needs of the 

individual State. 

EPA’s Tailoring Rule (Tailoring Rule) did not require States to change permit fee requirements 

to address greenhouse gases nor did it require States to submit a new permit fee demonstration 

under 40 CFR §70.9 for state program revisions related to permitting greenhouse gases. 75 FR 

31584, June 3, 2010. The Tailoring Rule allows States to use their discretion related to fees for 
greenhouse gases, so long as fee collections are adequate for the administration of the title V 

program. EPA has previously determined that the Arkansas permit fee system is adequate and 

satisfies the federal requirements. 66 FR 5 13 14, October 9,2001. ADEQ believes that the fees 

currently collected for air permits, which do not include fees for carbon dioxide or methane 

emissions, are sufficient to find the program at this time. ADEQ does not anticipate that 

permitting carbon dioxide or methane emissions will substantially increase costs incurred by the 

Department. In the event that permitting carbon dioxide or methane emissions increases costs to 

the agency such that the permit fees collected are inadequate to find the program, then the 

Department will consider charging for carbon dioxide and methane emissions, as was stated in 

our petition to initiate this rulemaking and as allowed in the Tailoring Rule. 

No change to the proposed rule is necessary due to this comment. 

Arkansas Department of 

Environmental Quality 

By: 

Mike Bates, Chief, Air Division 

Page 3 of 3 
NOTICE OF PROPOSED CHANGES TO THREE AIR QUALITY REGULATIONS

 The Arkansas Pollution Control and Ecology Commission (APC&EC) will hold three public hearings at 

North Little Rock March 8, 2011, to receive public comments on proposed changes to three APC&EC air 

pollution control regulations. The series of hearings will begin at 1:00 p.m. in the Commission Room at the 

Arkansas Department of Environmental Quality headquarters building, 5301 Northshore Drive, North Little Rock, 

AR 72118. 

 The deadline for submitting written comments on the proposed changes is 4:30 p.m. March 22, 2011. 

 In the event of inclement weather or other unforeseen circumstances, a decision may be made to postpone 

the hearings. If the hearings are postponed and rescheduled, a new legal notice will be published to announce the 

details of the new hearing date and comment period. 

 Separate hearings for APC&EC Regulation 18 (Arkansas Air Code), Regulation 19 (State Implementation 

Plan [SIP] for Air Pollution Control), and Regulation 26 (Arkansas Operating Air permit program) will be held, 

beginning with Regulation 18 at 1:00 p.m. After the Regulation 18 hearing has concluded, the Regulation 19 

hearing will begin, and once it has ended, the Regulation 26 hearing will start. 

 APC&EC authority to revise Regulations 18, 19, and 26 is found in Arkansas Code, Annotated (A.C.A.), 

Section 8-4-301, et seq. 

 The proposed changes to all three regulations are in response to recent actions by the U.S. Environmental 

Protection Agency (EPA) involving new regulations for greenhouse gas (GHG) emissions; commonly referred to 

as the “GHG Tailoring Rule.” GHGs involved in the rule are carbon dioxide, nitrous oxide, methane, 

hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. 

 In general, the proposed changes to Regulations 18, 19, and 26 involve the addition of carbon dioxide 

(CO2) as an air contaminant or air pollutant under Arkansas regulations, making certain CO2 emission sources 

subject to regulation by the ADEQ and requiring emission permits in some cases. Under the proposed changes, 

sources emitting less than 75,000 tons per year of CO2 equivalent emissions would be exempt from permitting 

requirements. The CO2 equivalent emissions for each source will be calculated by a formula involving the 

combined emissions of the six GHGs from the source. Amendments to Regulation 19 will be submitted to the 

EPA for inclusion into Arkansas’ State Implementation Plan, and amendments to Regulation 26 will be submitted 

to the EPA for inclusion into Arkansas’ Title V and Part 70 State Program. 

 Copies of the three proposed regulation changes are available for public inspection during normal 

business hours at the Public Outreach and Assistance (POA) Division in the ADEQ’s headquarters building in 

North Little Rock, and in ADEQ information depositories located in public libraries at Arkadelphia, Batesville, 

Blytheville, Camden, Clinton, Crossett, El Dorado, Fayetteville, Forrest City, Fort Smith, Harrison, Helena, Hope, 

Hot Springs, Jonesboro, Little Rock, Magnolia, Mena, Monticello, Mountain Home, Pocahontas, Russellville, 

Searcy, Stuttgart, Texarkana, and West Memphis; in campus libraries at the University of Arkansas at Pine Bluff 

and the University of Central Arkansas at Conway; and in the Arkansas State Library, 900 W. Capitol, Suite 100, 

Little Rock. In addition, copies of the draft regulations showing the proposed changes, along with related support 

documents, are available for viewing or downloading on the draft regulations page of the ADEQ’s Internet web 

site at www.adeq.state.ar.us. 

 Oral and written statements will be accepted at the hearings, but written comments are preferred in the 

interest of accuracy. In addition, written and electronic mail comments will be accepted if received no later than 

4:30 p.m. March 22, 2011. Written comments should be mailed to Doug Szenher, POA Division, Arkansas 

Department of Environmental Quality, 5301 Northshore Drive, North Little Rock, AR 72118. Electronic mail 

comments should be sent to: 

reg-comment@adeq.state.ar.us. 

 Published February 2 and 3, 2011, 

 Teresa Marks, Director, 

 Arkansas Department of Environmental Quality 
-a ,xal~a~ Uemscmt @azette 

STATEMENT OF LEGAL ADVERTISING 

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I3&%$;k: 5 !:9Y 151: ISl.:%?<BC 

as an air coaamtnant o: or po.imm 

under Arkansas regu~~ians, making 

ceriain C02 emissiolr sources subject to regulation by the ADEQ andre- 

. .. 

NOTlCEOFPROPOSED 

CHANGESTO THREEAR wlnr In 

plrol~c comments on propose0 chasaes to three APCSEC air pollb. r~on con!rOl regulations. The series oi 

nearings will Degin at 1:00 p.m. in the 

Coarn~ssion Room at the Arkansas 

Department of Emronmental O~al~ty 

headql~arters bu'ld ng, 5301 No?hs. 

hore Drive, North Little R3ck, AR 

72118. 

The deadline for submltling wraen 

comments on the proposed changes .s 4:30 o.m. March 22 lnt t 

to the event of ofi&ent weather or otherunforeseen circumstances, a dectston may be made to postpone 

the heann 6 nth8 heanngs arepostponed an!@%heduled, a new legal notfce wtll be puhllshed to announce the &Jails of the new heanng date 

and comment penod 

Separate hearings for APChEc 

Regulation 18(Arkmsas Air Code) Regulation 19 State lmpfementatioi 

Ban PIP1 for kr P01l~tion Control), 

and Regulatlonl {Arkansas Operat- 

~ng Ar pennit program) will be held, 

begtoning with Regolatlon-l8at 1.00 I p m. After the RQulatron 18 heartn 

has concluw, tbe Reglrlabon I! 

I hearfog will beg], aid once lf has , ended, the Regulaton 26haanng will ttart 1 APCBEC gutb 10 rense Regu- lations 18. ig.;aM?b IS found ~n Arqulripg err, ssdc permits tn some cases. Under :he proposed cnangn. sources em'llt~g less than 75.000 

tons per year of C02 equltalent emissmonswc~ld be exernp trcm permt. 

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Ass~stance (POA) Dlb~slon In tne 

ADEQ's heaaq~ar'ers bulIdi?g I? 

Eionn Lthle Rock a-,d In ADEQ nfor- 
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Page 1 of 22

 EXHIBIT B

BEFORE THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION 

IN THE MATTER OF AMENDMENTS TO ) 

REGULATION NO. 19, REGULATIONS OF THE ) DOCKET NO. 11-002-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 Ark. Code Ann. § 8-4-202(d)(4)(C) and Regulation No. 8.815, a responsive 

summary groups public comments into similar categories and explains why the Arkansas 

Pollution Control and Ecology Commission (“Commission”) accepts or rejects the rationale for 

each category. 

On January 14, 2011, the Arkansas Department of Environmental Quality (“ADEQ” or 

“Department”) filed a Petition to Initiate Rulemaking to Amend Regulation No. 19, Regulations 

of the Arkansas Plan of Implementation for Air Pollution Control. The Commission’s Acting 

Administrative Hearing Officer, Charles Moulton, conducted a public hearing on March 8, 2011, 

and the public comment period ended April 11, 2011. The following is a summary of the 

comments regarding the proposed amendments to Regulation No. 19 along with the 

Commission’s response. 

Regulation No. 19 is applicable to any stationary source which has the potential to emit 

any federally regulated air pollutant. The revisions to Regulation No. 19 addressed in this 

rulemaking are made with the intention of implementing EPA’s “Prevention of Significant 

Deterioration and Title V Greenhouse Gas Tailoring Rule: Final Rule” (“enabling federal law”). 

Minor adjustments to provisions of Regulation No. 19 not specifically addressed in the enabling 

federal law are included in this rulemaking. These minor adjustments are necessary in order to 

either integrate the enabling federal law’s provisions into the affected Arkansas regulations as 

seamlessly as possible or to clarify the implementation of the greenhouse gas (“GHG”) 

provisions within the existing regulatory framework. Every effort has been made to keep these 

ancillary revisions to a minimum without making wholesale revisions to the existing permitting 

infrastructure contained within the present regulations. The intent of this rulemaking is to amend 

the Arkansas regulations to be consistent with and no more stringent than the federal 
Page 2 of 22

 EXHIBIT B

requirements in application and effect with regard to the regulation and permitting of GHGs in 

Arkansas (within the overall structure of the existing permitting program) and to reach the same 

goal as would be accomplished by EPA through the Federal Implementation Plan (FIP) that is 

presently in place. Further, the intent of these revisions is to attain EPA’s approval of the 

Arkansas State Implementation Plan (“SIP”) for GHGs and the withdrawal of the FIP. Unless 

and until the proposed revisions are adopted and approved by EPA in a State Implementation 

Plan, ADEQ will not have the requisite authority to issue permits regarding GHGs. Facilities 

that emit such pollutants at levels addressed in the federal GHG Tailoring Rule will be required 

to obtain the necessary federally required permits before commencing construction or operation. 

Until Arkansas adopts GHG Tailoring Rule requirements, any PSD/NSR permits involving 

significant GHG emission increases will require EPA issuance of the GHG portions. This, in 

turn, will require the permit application to be submitted to EPA, EPA review of the application, 

and EPA drafting the permits. While ADEQ will seek to expedite any such permit and possibly 

enter into an agreement with EPA on permit issuance, it is not certain that EPA will issue any 

such permits or how quickly. 

 The effect on the operating permit program of not adopting the rules will leave ADEQ 

and facilities without title V permits that meet federal requirements. What action EPA will 

pursue in such an instance is unknown. ADEQ is continuing to work with EPA at the Regional 

and Headquarter levels to minimize any disruption of the Operating Permit (title V) program 

during the pendency of the rulemaking for Regulation Number 19 and Number 26. 

In addition to the GHG regulatory requirements, Regulation No. 19 also contains a clause 

that places a stay on applicable GHG provisions if any change in federal law or federal court 

decision renders EPA’s regulation of GHGs invalid or unenforceable. The stay will remain in 

effect until the Commission makes a final decision on whether to lift the stay or amend 

Regulation No. 19. Any changes in Regulation No. 19 would have to be adopted through formal 

rulemaking. The Department would seek to initiate rulemaking in order to modify the GHG 

provisions in Regulation No. 19 in accordance with program requirements set out by EPA in 

response to the court decision or change in federal law. It is important to note that if the federal 

law is successfully challenged or changed, the Department will rely on EPA guidance for 

implementing interim measures (pending rulemaking and a subsequent SIP and Title V program 
Page 3 of 22

 EXHIBIT B

approval) to conform to federal requirements and to ensure that ADEQ is not enforcing the GHG 

provisions in a manner more stringent than federal law. 

Comment 1: One commenter stated that they are not opposed to the Commission’s efforts to 

incorporate the Tailoring Rule into Arkansas’s air regulation. 

Response: ADEQ acknowledges and appreciates this comment. 

No changes to the final rule are necessary due to this comment. 

Comment 2: Commenters stated they are generally unopposed to streamlining the federally 

enforceable state regulations and support the State’s continued administration of the federal air 

permitting programs in Arkansas. However, commenters believe revisions to Regulation 19 

should not be made unless the change is required by law in order for ADEQ to obtain approval to 

administer the Tailoring Rule, and changes made in order to obtain such approval should be the 

absolute minimum necessary to obtain approval. 

Response: ADEQ believes that each of the proposed regulation revisions are required by law 

and include the minimum changes necessary to incorporate EPA’s Greenhouse Gas (“GHG”) 

Tailoring Rule and obtain the necessary state regulatory authority for GHG source permitting in 

Arkansas. 

No changes to the final rule are necessary due to this comment.

Comment 3: To the extent ADEQ believes that each of the proposed revisions to Regulation 19 

are required by the Tailoring Rule, ADEQ should justify each revision by reference to the 

specific corresponding federal requirement (see Regulation 8.815(A)(1)(i) and (ii)); and to the 

extent the revision may be more stringent than or is not identical to federal requirements, then 

ADEQ must provide the necessary justification and supporting documentation mandated by Ark. 

Code Ann. § 8-4-311(b)(1)(B), § 8-4-201(b)(1)(B), and Regulations 8.815 and 8.812. 

Response: The proposed addition of definitions for “CO2 equivalent emissions” and 

“greenhouse gases” and the proposed changes in Reg. 19.904(G)(1) through (5) are excerpted 

from the Code of Federal Regulations (“CFR”) with only minor additions made for clarity. The 

proposed changes in Chapter 4 and changes in Appendix A, although not identical to EPA’s 

GHG Tailoring Rule, are consistent with and necessary to implement the GHG Tailoring Rule in 

the existing Regulation No. 19. These revisions meet the Economic Impact and Environmental 

Benefit Analysis exemption provisions of Regulation 8.812 by incorporating the GHG Tailoring 

Rule without substantive change. As a result of comments received during the public comment 

period, two revisions to Regulation No. 19 are proposed. These revisions include the 
Page 4 of 22

 EXHIBIT B

modification to the definition of “federally regulated air pollutant” and the rescission clause at 

Reg. 19.904(G)(6). The rescission clause was modified to provide for a stay of applicable GHG 

provisions in Regulation No. 19 which correspond to any regulatory provisions of GHGs on the 

federal level that are determined to be invalid or unenforceable by a federal court or changed 

through federal legislation. These two proposed changes to Regulation No. 19 are not identical 

to the GHG Tailoring Rule and, accordingly, an Economic Impact and Environmental Benefit 

Analysis has been prepared. 

The technical amendments to Regulation No. 19 are the minimum necessary to modify ADEQ’s 

PSD permitting program to maintain consistency between federal air pollution control programs 

and the Commission’s regulations. The demonstration that these revisions are scientifically 

sound can be satisfied by incorporating by reference the justification contained in the federal 

GHG Tailoring Rule published June 3, 2010, in the Federal Register at 75 FR 31514, the finding 

of substantial inadequacy and SIP call to ensure authority to issue permits under the PSD 

program to GHG sources published in the Federal Register on December 13, 2010, at 75 FR 

77698 and the Endangerment Finding published in the Federal Register on December 15, 2009, 

at 74 FR 66496. 

Comment 4: To the extent that the proposed revisions to Regulation 19 result in regulations that 

go beyond the Tailoring Rule and thus, are more stringent than federal requirements, the 

Commission has not undertaken a proper benefit analysis, in contravention of Arkansas law. 

Response: Arkansas law requires that an economic impact and environmental benefit analysis 

be conducted for any regulations or change in regulation that is more stringent that federal

requirements. With the exception of two changes made as a result of public comments, the 

proposed revisions are not more stringent than federal requirements and, in most instances, adopt 

or incorporate identical requirements as set forth in the federal rule. Certain minor changes to 

the state rules were necessary either to clarify the requirements proposed or as logically 

necessary to enact the federal requirements in the existing state rules. The proposed revisions to 

Regulation No. 19 are designed to incorporate the minimum changes necessary to maintain 

consistency between EPA’s GHG Tailoring Rule and the Commission’s regulations so that 

ADEQ will have the authority necessary to permit regulated GHG sources in Arkansas. With the 

two exceptions previously noted, ADEQ believes that the proposed revisions are not more 

stringent than the requirements of the GHG Tailoring Rule and are exempt from the requirement 

to prepare an Economic Impact and Environmental Impact Analysis under Regulation 

8.812(A)(1) because “the proposed rule incorporates or adopts the language of a federal statute 

or regulation without substantive change.” For the two changes made as a result of public 

comments, which are not identical to EPA’s GHG Tailoring Rule, the Department has prepared 

an Economic Impact/Environmental Benefit Analysis. The two changes addressed in the 
Page 5 of 22

 EXHIBIT B

Analysis include the proposed amendment to the definition of “federally regulated air pollutant” 

and the addition of the clause providing for a stay found at Reg. 19.904(G)(6). 

Comment 5: ADEQ should include its scientific and technical rationale for each change to the 

regulation. Arkansas law also requires that in the event proposed regulations are not identical to 

those promulgated by the EPA, then the Commission must provide a written explanation of the 

necessity of the regulation and make a demonstration in the Commission’s Statement of Basis 

and Purpose upon adopting the proposed regulations that: 

“any technical regulation or standard is based upon generally accepted scientific 

knowledge or engineering practices, with appropriate references to technical 

literature or written studies conducted by the ADEQ.” 

Thus, ADEQ should provide its explanation of the need for each and every revision with 

reference to the requirement in the Tailoring Rule as well as the necessary scientific or 

engineering basis for such revision to the extent the revisions are not identical to the Tailoring 

Rule. 

Response: The commenter failed to quote the remainder of the statutory section which provides: 

For any standard or regulation that is identical to a regulation promulgated by the United 

States Environmental Protection Agency, this portion of the record may be satisfied by 

reference to the Code of Federal Regulations. 

In all other cases, [ADEQ] must provide its own justification with appropriate reference 

to the scientific and engineering literature or written studies conducted by the department. 

(Ark. Code Ann. § 8-4-202(d)(4)(A)(ii)). 

Further, the commenter failed to identify the proposed changes to the technical standards which 

were not identical to the Tailoring Rule. The proposed changes in the definitions of “greenhouse 

gases” and “CO2 equivalent emissions” and changes in Reg. 19, 904(G)(1) through (5) are 

excerpted from EPA’s GHG Tailoring Rule with only minor additions made for clarity of 

language. The proposed changes in Chapter 4 and changes in Appendix A, although not 

identical to EPA’s GHG Tailoring Rule, are consistent with and are the minimum revisions 

necessary to modify ADEQ’s PSD permitting program to match EPA’s GHG Tailoring Rule. 

The proposed change to the definition of “federally regulated air pollutant” is not identical to the 

GHG Tailoring Rule, but it is intended to ensure consistency between the federal permitting 

requirements for GHGs and the Commission’s regulations. The justification for these revisions 

to Regulation 19 include reference to the federal GHG Tailoring Rule, published in the Federal 

Register on June 3, 2010, at 75 FR 31514, incorporating by reference the justification for the 

GHG Tailoring Rule contained therein, the finding of substantial inadequacy and SIP call to 

ensure authority to issue permits under the PSD program to GHG sources, published in the 

Federal Register on December 13, 2010, at 75 FR 77698, and the Endangerment Finding, 
Page 6 of 22

 EXHIBIT B

published in the Federal Register on December 15, 2009, at 74 FR 66496. Without these 

revisions, facilities currently subject to the PSD permitting program will not be able to receive 

permits from ADEQ for GHG emissions. Without these revisions, PSD, and eventually title V 

GHG permits, would be issued by EPA instead of by the ADEQ. However, at this point, it is 

unclear whether EPA has the authority to issue a title V permit in an approved state such as 

Arkansas. 

No changes to the final rule are necessary due to this comment. 

Comment 6: Explanation is needed regarding the effect of the amendments on existing Part 70 

sources. Based upon the proposed revisions to Regulation 19, it is not clear that should a 

facility’s permit include GHG emissions, what the associated permit condition or provision will 

be if the source is required to address GHG emissions in its permit as well as a description of 

what evidence or other information, including calculations, sources subject to permitting would 

be required to provide to show applicability or inapplicability of the requirements in the 

proposed regulation. 

Response: Applicants for permits or permit modifications under Regulation Number 19 are 

required to submit certain information to ADEQ as part of the existing application process (see 

Regulation 19.404). These requirements are unaffected by the proposed revisions in all regards 

except that the proposed revisions add GHGs as a new pollutant that must be addressed. Permit 

application forms (as addressed in the currently effective Regulation 19.404) will be revised to 

include the additional information that will be necessary after enactment of the regulatory 

revisions; those forms will be made available to the regulated community and the public. 

As a point of reference and information in response to the questions raised in this comment, 

interested parties are directed to the document PSD AND TITLE V PERMITTING GUIDANCE 

FOR GREENHOUSE GASES, Environmental Protection Agency, United States Office of Air 

and Radiation, dated March 2011, which outlines these requirements. Specifically, on page 53: 

Under both Steps 1 and 2 of the Tailoring Rule, sources will need to include in their title 

V permit applications, among other things: citation and descriptions of any applicable 

requirements for GHGs (e.g., GHG BACT requirements resulting from a PSD review 

process), information pertaining to any associated monitoring and other compliance 

activities, and any other information considered necessary to determine the applicability 

of, and impose, any applicable requirements for GHGs. This is the same application 

information required under title V for applicable requirements pertaining to conventional 

pollutants. 
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As a general matter, all title V permits issued by permitting authorities must contain, 

among other things, emissions limitations and standards necessary to assure compliance 

with all applicable requirements for GHGs, all monitoring and testing required by 

applicable requirements for GHGs, and additional compliance certification, testing, 

monitoring, reporting, and recordkeeping requirements sufficient to assure compliance 

with GHG-related terms and conditions of the permit. Permitting authorities will also 

need to request from sources any information deemed necessary to determine or impose 

GHG applicable requirements. 

It is possible that some sources will need to address GHG-related information in their 

applications even if they will ultimately not have any GHG-specific applicable 

requirements (such as a PSD-related BACT requirement for GHGs) included in their 

permit. This is because, as noted above, permitting authorities would need to request 

information related to identifying GHG emission sources and other information if they 

determine such information is necessary to determine applicable requirements. 

No changes to the final rule are necessary based on this comment. 

Comment 7: Commenters request ADEQ to provide further explanation regarding the effect of 

the Tailoring Rule on its pre-construction review program and its operating permit program in 

the event the revisions to Regulation 19 are not adopted by July 1, 2011. 

Response: Unless and until the proposed revisions are adopted and approved by EPA in a State 

Implementation Plan, ADEQ will not have the requisite authority to issue permits regarding 

GHGs. Facilities that emit such pollutants at levels addressed in the federal GHG Tailoring Rule 

will be required to comply and obtain the necessary federally required permits before 

commencing construction or operation. Until Arkansas adopts GHG Tailoring Rule 

requirements, any PSD/NSR permits involving significant GHG emission increases will require 

EPA issuance of the GHG portions. This will require application submittal, EPA review of the 

application, and EPA’s drafting of permits. While ADEQ will seek to expedite any such permit 

and possibly enter into an agreement with EPA on permit issuance, it is not certain that EPA will 

issue any such permits or how quickly. 

The effect on the operating permit program of not adopting the rules will leave ADEQ and 

facilities without title V permits that meet federal requirements. What action EPA will pursue in 

such an instance is unknown. ADEQ is continuing to work with EPA at the Regional and 

Headquarter levels to minimize any disruption of the Operating Permit (title V) program during 

the pendency of the rulemaking for Regulation Numbers 19 and Number 26. 

No changes to the final rule are necessary due to this comment. 
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Comment 8: Commenters stated that only the following revisions are necessary to comply with 

the Tailoring Rule. 

1. Addition of an adequately comprehensive rescission clause; 

2. The definitions for “CO2 equivalent emissions (CO2e)” and “Greenhouse Gases (GHGs)” 

in Regulation 19, Chapter 9; 

3. Incorporation of the Tailoring Rule at Regulation 19.904. 

Response: ADEQ appreciates the commenters’ suggested list of revisions to incorporate EPA’s 

GHG Tailoring Rule into Regulation Number 19; however, the Department believes that the 

most cohesive and complete implementation of the Tailoring Rule in existing regulations is 

through the revisions that have been proposed (allowing for any revisions in response to 

comments). Commenters did not address the need for the newly proposed definitions to be 

placed in the Definitions chapter of Regulation Number 19 (Chapter 2, Definitions), the De 

Minimis threshold value of 75,000 tpy that is necessary for CO2e to reduce the number of sources 

that would require major permit modifications for CO2e, or the revisions to Appendix A, 

Insignificant Activities List, Group A, which are necessary to avoid specified emissions of CO2

from triggering the need for permits. 

ADEQ responds to each item on the list as follows: 

1. See Response to Comment 22. 

2. The definitions for “CO2 equivalent emissions (CO2e)” and “Greenhouse Gases (GHGs)” 

are already proposed in Regulation Number 19, Chapter 9, at Regulation 19.904(G)(1) and 

Regulation 19.904(G)(2), as well as in Chapter 2 of Regulation Number 19. 

3. The majority of the GHG Tailoring Rule’s requirements are proposed as revisions to 

Regulation 19.904. 

No changes to the final rule are necessary due to this comment. 

Comment 9: ADEQ must address the effect that permitting GHGs as “air contaminants” will 

have on the permit fees required by permit holders. Permitting fees for GHGs should be exempt. 

The Commission should require ADEQ to either exclude GHG emissions from permit fees (as is 

done with carbon monoxide) or directly address this issue in the revisions to Regulations 18, 19 

and 26 or separately in a rulemaking for Regulation 9. 

Response: Revisions to permit fees were not part of this rulemaking. Permitting GHGs will 

result in additional costs for the permitting program. However, the issues associated with GHG 

permitting will be addressed in a separate rulemaking proposal for revisions to APC&EC 

Regulation Number 9, which proposes to exclude CO2 and methane from being chargeable 

emissions within air permit fees. 
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No changes to the final rule are necessary due to this comment.

Comment 10: The proposed definition of the term “CO2 equivalent emissions” in Chapter 2 of 

Regulation 19 is unnecessarily confusing. Specifically, the language used to identify “each of 

the six greenhouse gases in the pollutant [greenhouse gases]” lacks clarity. If the definition is 

not omitted entirely, the definition of “CO2 equivalent emissions” in Chapter 2 of Regulation 19 

should be revised to match that appearing at Regulation 19.904(G)(2). 

Response: See Responses to Comment 12 and 13. 

Comment 11: Insofar as implementation of the Tailoring Rule necessitates defining “CO2

equivalent emissions,” the definition at proposed Regulation 19.904(G)(2), with modification to 

include the “escape clause” found in Regulation 19.904(G)(6), is sufficient for that purpose. 

Response: ADEQ disagrees with the comment. ADEQ does not believe an “escape clause” is 

needed in the “CO2 equivalent emissions” definition found in Regulation 19.904(G)(2). 

 

No changes to the final rule are necessary due to this comment. 

Comment 12: The definitions for “CO2 equivalent emissions” and “Greenhouse gases” should 

be the same as those in Regulation 19.904. The definitions of “CO2 equivalent emissions 

(CO2e)” and “Greenhouse gases” in all three proposed Regulations should be made identical to 

the definitions provided in Regulation 19.904 for purposes of consistency and clarity. ADEQ 

should be required to explain why these two definitions in the drafts of the Regulation are not 

identical to the definitions of these terms provided in Regulation 19.904. 

Response: The definitions of “CO2 equivalent emissions” and “Greenhouse gases” proposed in 

Chapter 2 and Chapter 9 of Regulation Number 19 are nearly identical to each other as well as to 

the GHG Tailoring Rule’s definitions of the terms. For additional clarity, the definitions of “CO2

equivalent emissions” and “Greenhouse gases” proposed in Chapter 2 of Regulation Number 19 

will be modified to match the GHG Tailoring Rule’s definitions of the terms, with the exception 

of the internal citations to 40 CFR § 86.1818-12-(a) being deleted and an incorporation by 

reference date of October 30, 2009, to Table A-1 to subpart A of 40 CFR Part 98 being added. 

No change to the language of Regulation 19.904(G) is necessary as a result of this comment. 

Comment 13: The addition of “Greenhouse Gases (GHGs)” definition in Chapter 2 is 

unnecessary and should not be adopted. The proposed addition of the definition of the term 

“Greenhouse Gases” in Chapter 2 of Regulation 19 is unnecessary, may lead to unintended 
Page 10 of 22

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regulatory consequences, will cause confusion among the regulated community, and should be 

omitted. 

Response: The definition is placed in Chapter 2 of Regulation Number 19 to increase 

readability and will be changed to match the GHG Tailoring Rule’s definition as described in the 

Responses to Comments 10 and 12. ADEQ believes that matching the definition found in 

Chapter 2 to the GHG Tailoring Rule’s definition will eliminate any potential confusion among 

the regulated community, as well as the potential for unintended regulatory consequences. 

Comment 14: The definition of “greenhouse gases” at Regulation 19, Chapter 2, must be 

revised to remove the reference to measuring in CO2e because CO2e is one of two steps used in 

conjunction with major source mass thresholds to determine whether a source is subject to 

regulation for its GHG emissions. The commenter suggests the following revision to this 

definition: 

“Greenhouse gases” (GHGs) is the air pollutant defined as the aggregate group of six 

greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, 

perfluorocarbons, and sulfur hexafluoride... and shall be measured as CO2e.

Response: The definitions of “Greenhouse gases” proposed in Regulation Number 19 will be 

modified to match the GHG Tailoring Rule’s definitions of the terms with the exception of the 

internal citations to 40 CFR Part 86.1818-12-(a) being deleted. This change will delete the 

language, “and shall be measured as CO2e.” 

Comment 15: The De Minimis changes section should refer to the definition of CO2e in 

Regulation 19.904. Provided that the definition of “CO2 equivalent emissions” in Chapter 2 of 

Regulation 19 is omitted, the proposed addition under De Minimis Changes in Regulation 

19.407(C)(2)(a)(vi) should be revised to state “Seventy-five thousand (75,000) tons per year of 

CO2e, as defined in Regulation 19.904(G)(2).” The combination of these changes will avoid 

ambiguity. 

Response: The existing regulation formatting provides the definition of a term prior to the 

term’s use in the text of the Regulation. Therefore, ADEQ believes that the definition of “CO2

equivalent emissions” should remain in Chapter 2 of Regulation Number 19. See also Responses 

to Comments 12 and 25. 

Comment 16: The proposed addition at Regulation 19.904(G) is incomplete. The language 

found at Regulation 19.904(G) should be revised by substituting the words “Greenhouse Gases 

(GHGs), as defined below,” after the words “[f]or the purpose of the regulation of” and before 

the word “only.” 
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Response: ADEQ believes that the regulation revision found at Regulation 19.904(G) could 

only be construed as incomplete if the correlated comment that aims to remove the definition of 

GHGs from Chapter 2 of Regulation Number 19 were to be accepted. ADEQ intends to keep the 

definition of GHGs in Chapter 2 of Regulation Number 19 because the existing regulation 

formatting provides the definition of a term prior to the term’s use in the text of the Regulation. 

By previously defining GHG in Chapter 2 of Regulation Number 19, the regulation revision 

found at Regulation 19.904(G) is not incomplete. 

No changes to the final rule are necessary due to this comment. 

Comment 17: Internal references in Regulation 19.904 should be revised to include the 

rescission clause. The proposed definition of “Greenhouse Gases” in Regulation 19.904(G)(1) is 

inadequate and fails to incorporate the proposed rescission clause at 904(G)(6), which may have 

unintended regulatory consequences. Specifically, the exception clause should be revised to 

incorporate the rescission clause by substituting the words “Reg. 19.904(G)(6)” for the words 

“Reg. 19.904(G)(5).” 

Response: ADEQ disagrees with this comment. See the Response to Comment 22 regarding 

the change to the proposed rescission clause. 

 

Comment 18: A Reference to Regulation 19.407(c) should be added to proposed Regulation 

19.904(G)(2). Provided that the definition of “CO2 equivalent emissions” in Chapter 2 of 

Regulation 19 is omitted, the proposed definition of “CO2 equivalent emissions” in Regulation 

19.904(G)(2) is incomplete. It should also reference the De Minimis Change provision at 

Regulation 19.407(c). 

Response: ADEQ does not support the addition of the reference to Regulation 19.407(C) within 

the regulation revisions found at Regulation 19.904(G), because such a reference is not necessary 

if the related comments concerning the placement of definitions and citations are not accepted. 

Because ADEQ does not intend to make changes based on the previous comments that are the 

foundation for this comment, action on this comment is not needed. Commenters’ request differs 

significantly from the language found in Regulation 19.904(G)(2), which matches the GHG 

Tailoring Rule language, with the exception of citations within the definition which had to be 

changed to the corresponding Regulation Number 19 citations for consistency purposes and 

minor additions for clarity of language. 

No changes to the final rule are necessary due to this comment. 
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Comment 19: The following language should be substituted before the words “the term tons per 

year”: “For purposes of Reg. 19.407(C) and Reg. 19.904(G)(3) through Reg. 19.904(G)(6), . . .”. 

Response: ADEQ does not support the revision described in this comment. This revision is not 

necessary if the related comments concerning the placement of definitions and citations are not 

accepted. Because ADEQ does not intend to make changes based on the previous associated 

comments, action on this comment is not needed. 

No changes to the final rule are necessary due to this comment. 

Comment 20: Proposed Regulations 19.904(G)(3) and (4) and in Regulation 19.904 and 

(G)(4)(a) and (b) should not reference “Regulated NSR Pollutant,” which is an undefined term in 

Regulation 19. While GHGs are a pollutant “subject to regulation” under the Clean Air Act and, 

thus, are a “regulated NSR pollutant” after January 2, 2011, the term “regulated NSR pollutant” 

is not defined in Regulation 19 and is not otherwise a term used in the Regulation. Instead of 

using the term “regulated NSR pollutant,” ADEQ should consider replacing it with the term 

“GHGs subject to regulation to the extent provided in this Regulation.” The proposed revisions 

to Regulation 19.904(G)(3), include a provision that an emissions increase for GHGs shall be 

calculated “assuming the pollutant GHGs is a regulated NSR pollutant.” This assumption is 

potentially confusing and unnecessary. 

Response: The proposed revisions to Regulations 19.904(G)(3) and (4) have been inserted 

largely verbatim from the GHG Tailoring Rule, which relies on the term “Regulated NSR 

Pollutant” as defined in relation to federal PSD. The federal definition of “Regulated NSR 

Pollutant,” as promulgated at 40 CFR 52.21(b)(50), has been adopted by reference at Regulation 

19.904, making it a currently defined term within Regulation Number 19. This proposed 

revision also includes the verbatim language found in Regulation 19.904(G)(3), stating GHGs 

shall be calculated “assuming the pollutant GHGs is a regulated NSR pollutant.” This phrase is 

not used to indicate a “guess” or “conjecture,” but states the intention that GHGs are to be 

calculated as a regulated NSR pollutant. It is also noted that the referenced language is adopted 

from the federal regulation. 

No changes to the final rule are necessary due to this comment.

Comment 21: The Department should be required to include language in the regulations that 

makes it clear that GHGs are not subject to regulation or regulated air pollutants under 

Regulation 18, 19 or 26 except as specifically provided therein. The regulations should also state 

that nothing therein is intended to be or shall be interpreted to be an “ emission limitation” or 

“emission standard” within the meaning of section 302(k) of the Clean Air Act, or a “control 
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 EXHIBIT B

requirement” within the meaning of section 193 of the Clean Air Act. ADEQ should consider the 

following provision: 

“GHGs shall not be deemed to be subject to regulation or regulated air pollutants 

under this regulation, except as provided herein. Nothing herein is intended to be 

or shall be interpreted to be an “emission limitation” or “emission standard” 

within the meaning of section 302(k) of the Clean Air Act, or a “control 

requirement” within the meaning of section 193 of the Clean Air Act.” 

Response: The proposed and existing regulatory language adequately addresses the 

commenters’ concerns. Specifically, section 302(k) is not relevant because nowhere is the term 

“emission limitation” or “emission standard” used in the ADEQ regulation in relation to GHGs. 

Section 193 only pertains to nonattainment rules and required controls in place before November 

15, 1990. Implementation of the GHG Tailoring Rule does not require inclusion of the language 

or such a statement as that suggested by the commenters. 

Section 193 of the CAA reads in part: 

No control requirement in effect, or required to be adopted by an order, settlement 

agreement, or plan in effect before the date of the enactment of the Clean Air Act 

Amendments of 1990 in any area which is a nonattainment area for any air pollutant may 

be modified after such enactment in any manner unless the modification insures 

equivalent or greater emission reductions of such air pollutant. 

Since any control requirements resulting from this proposed revision will occur after the date of 

enactment of the CAA and since there are no nonattainment areas for GHGs, any disclaimer with 

respect to §193 is unnecessary. 

Regarding section 302(k), it reads: 

The terms ‘emission limitation’ and ‘emission standard’ mean a requirement established 

by the State or the Administrator which limits the quantity, rate, or concentration of 

emissions of air pollutants on a continuous basis including any requirement relating to the 

operation or maintenance of a source to assure continuous emission reduction, and any 

design, equipment, work practice or operation standard promulgated under this Act. 

The rule as proposed does not establish any limits on “the quantity, rate, or concentration of” 

GHGs nor does it promulgate “any design, equipment, work practice or operation standard.” 

However, one of the stated reasons for this rulemaking is to allow the Department to issue PSD 

permits to GHG sources. One of the requirements of the PSD program is for the source to use 

BACT on the pollutants subject to PSD. BACT for GHG, as for other pollutants, will be 
Page 14 of 22

 EXHIBIT B

determined on a facility by facility basis and may include “emission limitations ... a design, 

equipment, work practice, operation standard, or combination thereof ....” 

The language suggested by the commenter would unnecessarily state that the rule does not intend 

to or should be interpreted to be an “emission limitation” or “emission standard” for GHG 

emissions and it could potentially mislead the reader into thinking it somehow restricts the 

Department’s ability to establish BACT limits. 

However, it should be noted as the result of other comments, language has been added to 

Regulation 19.405(B)(1)(b) and (c) which states that permitted emission rates, emission 

limitations or other enforceable conditions for GHG emissions will not be included in permits 

unless a BACT determination is required under Regulation Number 19, Chapter 9 or is requested 

by a facility. See also Response to Comment 25. 

Comment 22: Commenters stated that the proposed rescission clause is too narrow and should 

be broadened to accommodate all the possible mechanisms through which the Tailoring Rule is 

no longer binding in whole or in part. A rescission clause that limits the scope and 

burdensomeness of GHG permitting in Arkansas, including the termination of the effectiveness 

of these regulations simultaneously with any federal legislative, judicial, or executive 

suspension, postponement, or nullification of the federal GHG permitting requirements are 

needed and appropriate to protect Arkansas citizens and businesses from more adverse federal 

regulatory consequences. Changes to the scope, thresholds, and authority to implement the 

permitting requirements are possible based on a wide variety of potential actions including 

successful court challenge of the federal regulations, action by Congress deferring or eliminating 

EPA authority to regulate Greenhouse Gases, alternate legislation that replaces the current 

Tailoring Rule, or alternate regulation by EPA that results in Greenhouse Gases not being subject 

to federal permitting requirements. As such, the following rescission clause should be 

substituted for proposed Regulation 19.904(G)(6): The provisions of this Regulation and any 

terms or conditions of preconstruction permits regarding Greenhouse Gases, as herein defined, 

shall cease to be effective if any of the following occurs: 

1) Enactment of federal legislation depriving the Administrator of authority, 

limiting the Administrator’s authority, or requiring the Administrator to delay 

the exercise of authority, to regulate Greenhouse Gases under the New 

Source Review Prevention of Significant Deterioration provisions of the 

Clean Air Act; or 

2) The issuance of any opinion, ruling, judgment, order or decree by a federal 

court depriving the Administrator of authority, limiting the Administrator’s 

authority, or requiring the Administrator to delay the exercise of authority, to 

regulate Greenhouse Gases under the New Source Review Prevention of 

Significant Deterioration provisions of the Clean Air Act, or finding any such 
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 EXHIBIT B

action, in whole or in part, to be arbitrary, capricious, or otherwise not in 

accordance with law; or 

3) Action by the President of the United States or the President’s authorized 

agent, including the Administrator, to repeal, withdraw, suspend, postpone, 

or stay the amendment to 40 CFR Section 51.166 promulgated on June 3, 

2010, as set forth at 75 FR 31606, or to otherwise limit or delay the 

Administrator’s exercise of authority to require preconstruction permits for 

sources of Greenhouse Gas emissions. 

4) U.S. EPA final regulation resulting in Greenhouse Gases not being subject to 

regulation under the New Source Review Prevention of Significant 

Deterioration provisions of the Clean Air Act. 

Response: In 1995, the Arkansas Attorney General issued an opinion which specifically 

addresses adopting future legislation, rules, regulations or amendments by reference. The 

opinion states that doing so would run afoul of the constitutional separation of powers doctrine. 

Ark. Const. art. 4, §§ 1 and 2. The Attorney General opined: 

It is generally stated, pursuant to this doctrine, that the legislature may confer discretion 

in the administration of the law. It may not, however, delegate the exercise of its 

discretion as to what the law shall be. 16 C.J.S. Constitutional Law § 137 (1984). The 

latter form of delegation constitutes an unlawful delegation of legislative authority, and 

has been held to preclude legislative attempts to adopt by reference future legislation, 

rules, regulations or amendments to existing regulations.1 See generally Cheney v. St. 

Louis Southwestern Railway Co., 239 Ark. 870, 394 S.W.2d 731 (1965) (rejecting as 

unconstitutional that part of the Income Tax Law of 1929 under which certain corporate 

tax liability was to be based upon a formula subject to prospective federal legislation or 

administrative rules); City of Warren v. State Construction Code Commission, 66 Mich. 

App. 493, 239 N.W.2d 640 (1976) (stating that while the legislature clearly may 

incorporate by reference existing statutes, it cannot adopt by reference future legislation, 

rules, or regulations which are subsequently enacted or promulgated by another sovereign 

authority).

The Attorney General’s opinion clearly prohibits incorporating by reference future legislation, 

rules, regulations, or amendments. Because the prohibition against prospective rulemaking 

                                                            

1

 The desire for uniformity of federal-state regulation has led to states’ adoption in some instances of existing federal 

legislative policies and prospective administrative determinations thereunder. See State v. Hotel Bar Foods, Inc., 18 

N.J. 115, 112 A.2d 726, 732 (1955) (stating that “there are reasoned decisions which tend to support the view ... that 

a state legislature, in dealing with [a matter that is] properly subject to extensive federal regulation, may 

constitutionally provide that its administrator’s regulations shall be brought into conformity with pertinent federal 

regulations as they are duly promulgated and amended from time to time.”) 
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articulated in the Attorney General’s opinion does not specifically address judicial review, the 

rescission clause as proposed was limited to voiding the changes in Regulation No. 19 based on 

judicial review of EPA’s regulation of GHGs by a federal court. However, the comments 

received indicate that the proposed rescission clause was inadequate to address potential changes 

and decisions at the federal level. The Department believes that, if modified, EPA’s regulation 

of GHGs will most likely be addressed through federal legislation or a federal court decision. In 

order to accommodate the needed flexibility for responding on the state level to GHG regulatory 

changes at the federal level without violating the Attorney General’s opinion setting forth the 

prohibition on prospective rulemaking, the Department revised Reg. 19.904(G)(6) to provide for 

a stay of the GHG provisions, rather than rendering the provisions null and void. The rescission 

clause has been revised to respond to comments received so that any applicable Regulation No. 

19 GHG provisions will be temporarily stayed if any federal legislation or federal court decision 

invalidates or renders EPA’s regulation of GHGs unenforceable. Once stayed, the Commission 

will then make a final decision on whether to lift the stay without revising Regulation No. 19 or 

initiate formal rulemaking to amend Regulation No. 19 in order to maintain consistency with the 

federal requirements. 

Comment 23: Appendix A insignificant activities list should reference CO2e, not CO2. The 

reference to “carbon dioxide” in the Insignificant Activities List at Appendix A, Group A, 

paragraphs 1 and 13 should be changed to “CO2e.” Regulation 9, Chapter 9, Appendix A, 

Insignificant Activities List, Group A, Sections 1 and 13 states that certain activities less than 

75,000 tpy CO2 are considered insignificant. Commenters note that CO2 is only one of six 

pollutants analyzed in the aggregate to determine GHG emissions. Additionally, the 

insignificant activity list exclusions need to be based both on the same major source 100/250 tpy 

thresholds and the CO2e thresholds used to determine whether a source is subject to regulation 

for PSD permitting. 

Response: GHG pollutants other than CO2 are still regulated as air contaminants and cannot be 

considered exempt at such levels. The statement about having the same major source 100/250 

tpy thresholds in the Appendix A insignificant activities list would only be applicable if the 

intention was to reference CO2e, not CO2. This is not the case. 

Additionally, the introductory paragraph to Appendix A includes a statement that “Any activity 

for which a state or federal applicable requirement applies (such as NSPS, National Emission 

Standards for Hazardous Air Pollutants [NESHAP], or Maximum Achievable Control 

Technology [MACT]) is not insignificant, even if this activity meets the criteria below.” This 

statement means that if any federal applicable requirement, including PSD for GHG, is triggered 

as a result of a particular activity at a source, the emissions are subject to permitting and are not 

considered to be insignificant. 
Page 17 of 22

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No changes to the final rule are necessary due to this comment. 

Comment 24: Appendix A Insignificant Activities List Group A, paragraph 13 should be 

slightly revised. The proposed additional language in the Insignificant Activities List at 

Appendix A, Group A, paragraph 13 should be revised by inserting the word “other” after the 

words “or 5 tpy of any” and before “air pollutant regulated under this regulation” so as to be 

consistent with the rest of Appendix A and the Insignificant Activities Lists in Regulation 18. 

Response: ADEQ agrees with the comment and will make the described change. 

Comment 25: The language or provisions used in these rules to obtain approval to administer 

the Tailoring Rule should not result in unintended consequences, should not impose or permit the 

imposition of unduly burdensome, costly, or needless regulatory requirements, and should not 

lead to absurd results (such as a requirement to apply for and obtain a permit with no regulatory 

conditions).

Response: ADEQ has made every effort to incorporate the necessary provisions of the GHG 

Tailoring Rule in order to maintain consistency with the federal program and obtain the 

necessary federal approvals for the state program while maintaining maximum state authority 

over its permitting programs. ADEQ expects that EPA will grant approval for ADEQ to 

administer the GHG provisions of the programs, which will be implemented in a fashion to 

maximize program efficiency and minimize the burden to the regulated community to the extent 

possible. 

Revisions have been incorporated, based on this Comment, to Regulation 19.405(B)(1)(b) and 

(c) and to the definition of “federally regulated air pollutant” to clarify that the intent of the GHG 

provisions added to the state regulations shall not expand the permitting scope in Regulation 19 

beyond that addressed in the Federal GHG Tailoring Rule and to alleviate concerns regarding 

unintended consequences. 

Comment 26: Revisions to Regulation 19.904(G)(5) should not include the term “potential to 

emit’ in these provisions because it is a defined term which refers to a stationary source’s 

emissions of a “federally regulated air pollutant.” The term “stationary source” is also defined in 

terms of a source that emits a “federally regulated air pollutant.” 

Response: The revisions to Regulation 19.904(G) incorporate the necessary provisions of the 

GHG Tailoring Rule largely verbatim, including the term “potential to emit.” Inclusion of the 

terms “potential to emit” and “stationary source” are necessary to avoid confusion or problems 

with federal approval of the state programs which may result if these terms were to be redefined 

within the provisions incorporating the GHG Tailoring Rule into Regulation Number 19. 
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 No changes to the final rule are necessary due to this comment.

Comment 27: Adoption of ADEQ’s proposed revisions at section 19.904(G)(5)(a) and (b) 

regarding “potential to emit” is not necessary to comply with the Tailoring Rule and to do so 

could render Regulation 19 more stringent than federal law. In addition, commenters suggest the 

following alternative language: 

(a) At a new source that will emit or has the maximum capacity under its physical and 

operation design to emit 100,000 tons per year of CO2e, or 

(b) At an existing source that emits or has the maximum capacity under its physical and 

operation design to emit 100,000 tons per year of CO2e, including any physical or 

operational limitation on the source’s capacity to emit CO2e if such limitation is 

enforceable by the by the Administrator, when such source undertakes a physical change 

or change in the method of operation that will result in an emission increase of 75,000 tpy 

CO2e or more. 

Response: The revisions to Regulation 19.904(G)(5)(a) and (b) incorporate the provisions of the 

GHG Tailoring Rule largely verbatim. Inclusion of the GHG Tailoring Rule’s term “potential to 

emit” is necessary to avoid confusion or problems with federal approval of the state programs 

which may result if these terms were to be redefined within the provisions incorporating the 

GHG Tailoring Rule into Regulation Number 19. ADEQ thanks the commenter for the 

suggested definition of the term, but does not believe this change is warranted and believes it 

may have unintended regulatory consequences. 

No changes to the final rule are necessary due to this comment.

Comment 28: EPA does not support the proposed revisions to Regulation 19, section 

19.407(C)(2)(a)(vi). While an emission source with a potential to emit (PTE) less than the 

75,000 tpy CO2e will in practical effect be excluded from regulatory consideration in a way that 

may equate to the treatment of De Minimis emission levels, the significance levels established in 

the Tailoring Rule are not by nature considered De Minimis by EPA. See 75 FR at 31560. EPA 

approaches GHG applicability in two steps. First, EPA uses the phased-in GHG permitting 

thresholds to determine if the source’s GHG emissions are subject to regulation. Then, EPA 

determines whether the source has a PTE that is at or above the Clean Air Act major source 

thresholds for GHGs. 

Response: The purpose and intent of the proposed revisions at Regulation 19.407(C)(2) was to 

ensure that increases of GHG emissions below the level that requires a permitting action under 

the federal Tailoring Rule can be accomplished within the framework of the Arkansas 

regulations and with the least burden to Arkansas industry and the Department. The GHG levels 
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addressed at proposed revisions in Regulation 19.407(C)(2)(a)(vi) are below that regulated by 

EPA at the current time. There are no regulatory requirements for such changes at a facility at 

the federal level. However, in the Arkansas regulations, any increase in permitted emission rates 

are subject to permit modification procedures. Therefore, it has been determined that a permit 

modification process at the state level is required (by the existing regulations / approved SIP) and 

that it is reasonable and appropriate to address such permit modifications with the least 

administrative process requirements. It is not the Department’s intent to establish a (PSD) 

significance level for GHG – rather, the proposed revision is meant to establish a De Minimis 

permit modification procedure for emission increases that are below federal permitting action 

levels. 

It should be noted that if a GHG emission increase triggers PSD review, then the provisions of 

(existing) Regulation 19.407(C)(3) disqualify the project as a De Minimis permit modification. 

In consideration of the comments and to prevent the assumption that the state regulation 

establishes a significance level for GHG; the De Minimis modification trigger language has been 

moved to Regulation 19.407(C)(3) and the existing 19.407(C)(3)-(6) renumbered accordingly. 

Regulation 19.407(C)(3) will read as follows: “A proposed change will be considered De 

Minimis if the increases are less than 75,000 tpy of CO2e and other pollutant emission increases 

otherwise qualify as De Minimis under this section.” If the federal Tailoring Rule is modified 

with respect to permitting thresholds, Regulation Number 19 will need to be changed and ADEQ 

will take the appropriate action to reflect EPA’s change. 

Comment 29: Regulation 19, Section 19.904(G)(3) also includes the following typo: “a 

significant emissions increase (as calculated using the procedures in 40 CFR 52.21 (a)(2)(iv), as 

of November 29, 2005), and a significant net emissions increase (as defined in 40 CFR 52.21 

(b)(3), as of November 29, 2005, and 40 CFR 52.21 (b)(23), as of November 29, 2005), occur.” 

Response: ADEQ agrees with the comment and will make the described change. 

Comment 30: Commenters note that the definition of “CO2 Equivalent Emissions” at 

Regulation 19, Chapter 2 and that the definition of “CO2e Equivalent Emissions” at Regulation 

19, Section 19.904(G)(2), includes the incorporation date of October 30, 2009, and that it will be 

ADEQ's responsibility to monitor Table A-I to subpart A of 40 CFR Part 98 for updates and to 

initiate rulemaking accordingly pursuant to all applicable state implementation plan (SIP) 

revision requirements. Additionally, Regulation 19.904(G) also includes the incorporation dates 

of November 29, 2005, and June 3, 2010. Commenters note that it will be ADEQ’s 

responsibility to monitor the referenced provisions of 40 CFR 52.21 for updates and initiate 

rulemaking accordingly pursuant to all applicable SIP revision requirements. 

Response: ADEQ acknowledges the comment. 
Page 20 of 22

 EXHIBIT B

No changes to the final rule are necessary due to this comment.

Comment 31: Regulation 19.904(G) refers to the permitting of CO2e emissions. The 

commenter notes that the PSD program does not permit CO2e emissions, but instead permits 

GHG emissions that are subject to regulation. CO2e is not in itself a pollutant subject to 

regulation under PSD; CO2e is one of two steps used to determine if a source’s GHG emissions 

are subject to PSD permitting. 

Response: The commenter stated this comment was in error and requested the comment be 

rescinded. 

No changes to the final rule are necessary due to this comment. 

Comment 32: In Reg.19.405(B)(2), the language of these paragraphs should be clarified to note 

that air pollutant emissions emitted in greater than De Minimis amounts should be addressed 

in permits. Otherwise, it could be mistakenly assumed that even trivial amounts of air pollutants 

must be permitted, which is not current ADEQ practice. 

Response: The proposed changes to Regulation Number 19 did not include revisions to 

Regulation 19.405(B)(2); however Regulation 19.405(B)(1)(b) and (c) have been modified to 

state that permitted emission rates, emission limitations or other enforceable conditions for GHG 

emissions will not be included in permits unless a BACT determination is required under 

Regulation Number 19, Chapter 9, or is requested by a facility. ADEQ does not intend to alter 

its present practice in regard to the manner in which trivial amounts of air pollutants are 

addressed during the permitting process. The De Minimis change levels do not relate to any 

threshold for addressing GHG in permits. See Responses to Comments 21 and 25. 

Comment 33: The Department should consider simply incorporating the pertinent provisions of 

the federal Tailoring Rule in Regulations 19 and 26. ADEQ has the authority to do so pursuant 

to Regulation 8.817. This would prevent argument as to whether the Department’s proposed 

modifications of Regulations 18, 19, and 26 are unnecessary, inconsistent, and more stringent 

than the equivalent federal rule. 

Response: ADEQ considered incorporating the GHG Tailoring Rule by reference into 

Regulation Number 19, but ADEQ believes doing so might violate the prohibition on prospective 

rulemaking due to the manner in which EPA crafted the federal rule. ADEQ believes the 

proposed revisions will allow regulation of Arkansas sources in a responsible manner which is 

desirable for all state entities and preserves the public right for notice and commenting on 

changes to state regulations. 
Page 21 of 22

 EXHIBIT B

No changes to the final rule are necessary due to this comment. 

Comment 34: The general transition clause in Regulation #19 may (or may not) indicate that 

permittees have 180 days after the effective date of the regulation to submit permit applications 

addressing GHGs. This language seems in need of updating since it refers to “facilities which 

are now subject to this regulation which were not previously.” It should also refer to facilities 

that are subject to new provisions of this regulation. If these existing generic transition clauses 

are not intended for the GHG permitting implementation then the regulation should clarify such. 

Response: It is ADEQ’s interpretation of Regulation 19.409 that any facility that is subject to the 

current (pre-GHG revisions) permitting requirements of Regulation Number 19 and will be 

required to modify the existing permit to add GHG requirements due to these revisions must do 

so and be in full compliance (including requisite permit modification) within 180 days of the 

effective date of the GHG revisions. Facilities that are not now subject to the permitting 

requirements of Regulation Number 19 (pre-GHG revisions) but will become subject to 

permitting under Regulation Number 19 due to these revisions must submit the appropriate 

permit application within 180 days of the effective date of the GHG revisions. It is also noted 

that the Director may grant extensions (up to one year total compliance time) to these time 

frames on a case-by-case basis. 

No changes to the final rule are necessary due to this comment. 

Comment 35: If the Department’s proposed rules impose additional costs on a utility, those 

costs will automatically be passed through to the utility’s residential, small business, and other 

customers. However, the Department’s Economic Impact Statement says nothing about such 

impact and instead indicates that the changes will have no impact on small businesses. These 

changes would appear to impose a Best Available Control Technology (“BACT”) Standard. 

These facts are not addressed in the Department’s Economic Impact Statement, and they should 

be, because, implementation of BACT standard GHG controls is likely to be very expensive. 

Response: The rules are implementing a Federal requirement. Permitting thresholds in the 

GHG Tailoring Rule and related provisions proposed by ADEQ are set so that only the largest 

emitters of GHG will be required to address GHG emissions. Without these rules, even more 

sources would be subject to GHG rules and permitting. Likewise, BACT determinations and 

implementations will be imposed on the largest emitters of GHG. BACT determinations and 

implementations could vary depending on conditions at the sources. The entities that ADEQ 

believes to be directly affected by the proposed rule are large businesses, not small businesses as 

indicated on the Economic Impact Statement. 
While it is possible that additional costs utilities spend complying with this rule will be passed on 

to their customers, these costs, whatever they may be, will exist regardless of the outcome of this 

rulemaking. The purpose of this rulemaking is to codify into state law changes to air regulations 

which have already been made at the federal level. If the APC&E Commission declines to adopt 

these changes, the underlying requirements, and any costs associated with meeting these 

requirements, will still exist. 

To date, BACT has not required controls which would impact ratepayers. 

No changes to the final rule are necessary due to this comment. 

Comment 36: If ADEQ makes changes to language in any of the three regulations, Regulation 

18, 19, or 26, ADEQ should consider whether the equivalent changes should be made to 

Regulations 18, 19, or 26 for consistency. 

Response: ADEQ has made efforts to ensure consistency across all of the regulations as 

changes are made due to comments received. 

Prepared by: 

Arkansas Department of 

Environmental Quality 

By: 

Mike Bates, Chief, Air Division 

Page 22 of 22 

EXHIBIT B 
EXHIBIT B 

BEFORE THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION 

IN THE MATTER OF AMENDMENTS TO ) 

REGULATION NO. 26, REGULATIONS OF THE ) DOCKET NO. 11-003-R 

ARKANSAS OPERATING AIR PERMIT PROGRAM ) 

RESPONSIVE SUMMARY FOR 

REGULATION NO. 26, REGULATIONS OF THE ARKANSAS OPERATING AIR 

PERMIT PROGRAM 

Pursuant to Ark. Code Ann. § 8-4-202(d)(4)(C) and Regulation No. 8.815, a responsive 

summary groups public comments into similar categories and explains why the Arkansas 

Pollution Control and Ecology Commission (“Commission”) accepts or rejects the rationale for 

each category. 

On January 14, 2011, the Arkansas Department of Environmental Quality (“ADEQ” or 

“Department”) filed a Petition to Initiate Rulemaking to Amend Regulation No. 26, Regulations 

of the Arkansas Operating Air Permit Program. The Commission’s Acting Administrative 

Hearing Officer, Charles Moulton, conducted a public hearing on March 8, 2011, and the public 

comment period ended April 11, 2011. The following is a summary of the comments regarding 

the proposed amendments to Regulation No. 26 along with the Commission’s response. 

The revisions to Regulation No. 26 addressed in this rulemaking are made with the 

intention of implementing EPA’s “Prevention of Significant Deterioration and Title V 

Greenhouse Gas Tailoring Rule: Final Rule” (“enabling federal law”). Minor adjustments to 

provisions of Regulation No. 26 not specifically addressed in the enabling federal law are 

included in this rulemaking. These minor adjustments are necessary in order to either integrate 

the enabling federal law’s provisions into the affected Arkansas regulations as seamlessly as 

possible or to clarify the implementation of the greenhouse gas (“GHG”) provisions within the 

existing regulatory framework. Every effort has been made to keep these ancillary revisions to a 

minimum without making wholesale changes to the existing permitting infrastructure contained 

within the present regulations. 

The intent of this rulemaking is to amend the Arkansas regulations to be consistent with 

and no more stringent than federal law in application and effect with regard to the regulation and 

permitting of GHGs in Arkansas (within the overall structure of the existing permitting 

program). Further, the intent of these revisions is to attain EPA’s approval of amendments to the 

Arkansas Operating Permit Program (Title V Permit Program). Unless and until the proposed 

revisions are adopted and approved by EPA in a State Implementation Plan (“SIP”) and 

Operating Permit (“title V”) Program, ADEQ will not have the requisite authority to issue 

permits regarding GHGs that are recognized as federal permits. Facilities that emit such 

pollutants at levels addressed in the federal GHG Tailoring Rule will be required to comply and 

obtain the necessary federally required permits before commencing construction or operation. 

Until Arkansas adopts GHG Tailoring Rule requirements, any Prevention of Significant 

Deterioration/New Source Review (“PSD/NSR”) permits involving significant GHG emission 
Page 2 of 28

EXHIBIT B 

increases will require EPA approval for the GHG portions. This will require application 

submittal to EPA, EPA review of the application, and drafting of permits by EPA. While ADEQ 

will seek to expedite any such permit and possibly enter into an agreement with EPA on permit 

issuance, it is not certain that EPA will issue any such permits or how quickly. 

The effect on the Operating Permit Program of not adopting the rules will leave ADEQ 

and facilities without title V permits that meet federal requirements. What action EPA will 

pursue in such an instance is unknown. ADEQ is continuing to work with EPA at the Regional 

and Headquarter levels to minimize any disruption of the Operating Permit program during the 

pendency of the rulemaking for Regulations No. 19 and No. 26. 

In addition to the GHG regulatory requirements, Regulation No. 26 also contains a clause 

that places a stay on applicable GHG provisions if any change in federal law or federal court 

decision renders EPA’s regulation of GHGs invalid or unenforceable. The stay will remain in 

effect until the Commission makes a final decision on whether or not to lift the stay or amend 

Regulation No. 26. Any changes in Regulation No. 26 would have to be adopted through formal 

rulemaking. The Department would seek to initiate rulemaking in order to modify the GHG 

provisions in Regulation No. 26 in accordance with program requirements set out by EPA in 

response to the court decision or change in federal law. 

It is important to note that if the federal law is successfully challenged or changed, the 

Department will rely on EPA guidance for implementing interim measures (pending rulemaking 

and a subsequent SIP and Title V program approval) to conform to federal requirements and to 

ensure that ADEQ is not enforcing the GHG provisions in a manner more stringent than federal 

law. 

Comment 1: Regulation 26 should only be revised as required to comply with the Greenhouse 

Gas (“GHG”) Tailoring Rule, and no change should be made unless the change is required by 

law in order for ADEQ to obtain approval to administer the Tailoring Rule. Changes made in 

order to obtain such approval should be the absolute minimum necessary to obtain approval. 

ADEQ should assure the public that its modifications are identical to the Tailoring Rule and are 

not inconsistent with or more stringent than the Tailoring Rule. As to the extent that the 

proposed revisions to Regulation 26 exceed those that are necessary for ADEQ to implement the 

operating air permit program in accordance with applicable federal regulations or are more 

stringent than federal requirements, such revisions are unnecessary and potentially an unlawful 

expansion of the Commission’s authority. Moreover, going beyond what is strictly required for 

compliance with the Tailoring Rule may lead to unnecessary compliance costs, unintended 

regulatory consequences, and confusion in the regulated community. 

Response: ADEQ believes that each of the proposed regulation revisions are required by law 

and are the minimum changes necessary to incorporate EPA’s GHG Tailoring Rule and to obtain 

the necessary state regulatory authority for GHG source permitting in Arkansas. While some 

regulation revisions are not identical to the GHG Tailoring Rule, all revisions are necessary to 
Page 3 of 28

EXHIBIT B 

implement the GHG Tailoring Rule and are not inconsistent with or more stringent than the 

GHG Tailoring Rule. 

Moreover, ADEQ does not agree with the commenters’ assertion that any revisions or regulatory 

provisions that go beyond federal requirements would be an unlawful expansion of the 

Commission’s authority. Arkansas law provides broad authority to the Commission to 

promulgate environmental protection regulations. While state law prescribes certain procedures 

that must be followed if regulatory provisions are proposed that are more stringent than federal 

requirements, the law does not prohibit or restrict the Commission’s authority in the manner 

suggested by the commenter. 

No changes to the final rule are necessary due to this comment.

Comment 2: To the extent ADEQ believes that each of the proposed revisions to Regulation 26 

are required by the Tailoring Rule, ADEQ should justify each revision by reference to the 

specific corresponding federal requirement (see Regulation 8.815(A)(1)(i) and (ii)). To the 

extent the revision may be more stringent than or is not identical to federal requirements, then 

ADEQ must provide the necessary justification and supporting documentation mandated by Ark. 

Code Ann. § 8-4-311(b)(1)(B), § 8-4-201(b)(1)(B), and Regulations 8.815 and 8.812. 

Response: The demonstration that these proposed regulation revisions are scientifically sound is 

satisfied by incorporating by reference the justification contained in the federal GHG Tailoring 

Rule published in the Federal Register, on June 3, 2010, at 75 FR 31514, the finding of 

substantial inadequacy and SIP call to ensure authority to issue permits under the PSD program 

to GHG sources published in the Federal Register on December 13, 2010, at 75 FR 77698 and 

the Endangerment Finding published in the Federal Register on December 15, 2009, at 74 FR 

66496. 

The proposed revisions are the minimum changes necessary to modify ADEQ’s title V 

permitting program to match EPA’s GHG Tailoring Rule. The proposed removal of carbon 

dioxide from the definition of “Air contaminant” is consistent with and necessary to implement 

the GHG Tailoring Rule. The proposed changes to the definition of “Applicable requirement” 

and “Major source” are withdrawn. The proposed changes to the definition of “Regulated air 

pollutant” will be revised as follows: “...(F) GHGs, except that GHGs shall not be a Regulated 

Air Pollutant unless the GHG emissions are from a part 70 source (1) emitting or having a 

potential to emit 100,000 tpy CO2e or more; and (2) emitting or having a potential to emit 

amounts that equal or exceed 100 tpy calculated as the sum of the six (6) well-mixed GHGs on a 

mass basis.” ADEQ believes these changes are consistent with and required to allow permitting 

consistent with the GHG Tailoring Rule. The proposed definitions of “CO2 equivalent 

emissions” and “Greenhouse gases” are required to implement the GHG Tailoring Rule; the 
Page 4 of 28

EXHIBIT B 

proposed changes to the definition of “Existing part 70 source” are required to ensure that 

sources that currently exist, but that may not be regulated under part 70 are not treated as new 

due to the new permitting requirements under the Tailoring Rule. The proposed change to add 

Regulation 26.302(G) and the deletion of “recognized” from Regulation 26.305 will not be 

finalized in this rulemaking. (See Responses to Comments 10, 24, and 25.) The proposed 

language added to Regulation 26.305 is meant to track that of the GHG Tailoring Rule and to 

align with the proposed changes to Chapter 9 of Regulation No. 19. Proposed changes at 

Regulation 26.401 are required to implement the GHG Tailoring Rule and make the section 

applicable to GHG sources and emissions. Proposed changes to Regulation 26.403 are required 

to implement the GHG Tailoring Rule because the changes clarify that permit applications are 

required from existing part 70 sources, rather than from sources existing on the effective date of 

the regulation. Finally, proposed changes at Regulation 26.1002(A)(8) are consistent with the 

GHG Tailoring Rule because the Rule does not require permitting of emissions less than 75,000 

tpy CO2e; however, Regulation No. 26 currently provides that any increases in permitted 

emission rates are “modifications” and as such are required to be permitted prior to 

implementation of the changes (physical or operational) that would cause such increases. The 

revision at Regulation 26.1002(A)(8) allows permit modifications of this nature to be made 

under expedited procedures as minor modifications. Making the proposed revisions will 

maintain consistency between federal air pollution control programs and the Commission’s 

regulations. This will ensure that facilities currently subject to the PSD/title V permitting 

requirements will be able to receive permits from ADEQ for greenhouse gas emissions, as is 

explained in the Statement of Basis. (See also Response to Comment 6.) 

Also, as the result of comments received during the public comment period, the proposed 

rescission clause was revised and added to the Severability section of Regulation No. 26. The 

revised clause stays applicable GHG provisions which correspond to the EPA regulation of 

GHGs that are determined by a federal court to be invalid or unenforceable or changed through 

federal legislation. The stay will remain in effect until the Commission makes a final decision 

on whether to lift the stay or to amend Regulation 26. Any changes in Regulation 26 would have 

to be adopted through formal rulemaking. 

Ark. Code Ann. § 8-4-311(b)(1)(B) and § 8-4-201(b)(1)(B) require that any proposed rule or 

change to any existing rule that is more stringent than federal requirements be accompanied by 

an analysis of the economic impact and environmental benefit of the proposed rule. By strict 

application of the statutory requirement, an economic impact and environmental benefit analysis 

is not required; however, the Commission adopted implementing regulations pursuant to Ark. 

Code Ann. § 8-4-311(b)(1)(C) and § 8-4-201(b)(1)(C) at Regulation 8.812 that requires a 

broader application of the requirement for an economic impact and environmental benefit 

analysis. Although the revisions proposed do not all involve incorporating or adopting federal 

regulation without substantial change, they are necessary in order to implement the federal rule 
Page 5 of 28

EXHIBIT B 

changes with minimal burden to the regulated community and the Department within the existing 

regulatory and permitting structure or Regulation No. 26 and are not inconsistent with the federal 

GHG Tailoring Rule. Based on comments received, an Economic Impact/Environmental Benefit 

Analysis pursuant to Regulation 8.812 has been prepared. 

Changes to the final rule have been made in the proposed definitions of “Applicable 

requirement,” “Major source,” and “Regulated air pollutant,” and the language and placement of 

the clause placing a stay on applicable GHG provisions if any change in federal law or federal 

court decision renders EPA's regulation of GHGs invalid or unenforceable, as described above. 

Comment 3: Explanation is needed regarding the effect of the amendments on existing Part 70 

sources. Based upon the proposed revisions to Regulation 26, it is not clear when and if an 

existing Part 70 source, which is not undertaking a modification of the source, will be required to 

address GHG emissions in its permit. It is also unclear what the associated permit condition or 

provision will be if the source is required to address GHG emissions in its permit.

Response: Regulation 26.403 and the revisions to “Existing Part 70 Source” definition govern 

when an application will be required from an existing source without a current title V permit, i.e. 

12 months after becoming subject to regulation under Regulation No. 26 or sooner if the ADEQ 

notifies the source. 

ADEQ’s administration of GHG provisions for current Part 70 permit holders would be 

governed by Regulation 26.1011(A)(1), which provides that an application will be required not 

later than 18 months of a new requirement being promulgated for permits with a remaining term 

of three (3) years or greater, or upon renewal. The Department would need to reopen the permits 

in accordance with Regulation 26.1011(C). The document PSD AND TITLE V PERMITTING 

GUIDANCE FOR GREENHOUSE GASES, Environmental Protection Agency, United States 

Office of Air and Radiation, dated March of 2011, outlines possible requirements. Specifically, 

on page 53: 

Under both Steps 1 and 2 of the Tailoring Rule, sources will need to include in their 

title V permit applications, among other things: citation and descriptions of any 

applicable requirements for GHGs (e.g., GHG BACT requirements resulting from a PSD 

review process), information pertaining to any associated monitoring and other 

compliance activities, and any other information considered necessary to determine the 

applicability of, and impose, any applicable requirements for GHGs. This is the same 

application information required under title V for applicable requirements pertaining to 

conventional pollutants. 
Page 6 of 28

EXHIBIT B 

As a general matter, all title V permits issued by permitting authorities must contain, 

among other things, emissions limitations and standards necessary to assure compliance 

with all applicable requirements for GHGs, all monitoring and testing required by 

applicable requirements for GHGs, and additional compliance certification, testing, 

monitoring, reporting, and recordkeeping requirements sufficient to assure compliance 

with GHG-related terms and conditions of the permit. Permitting authorities will also 

need to request from sources any information deemed necessary to determine or impose 

GHG applicable requirements. 

It is possible that some sources will need to address GHG-related information in their 

applications even if they will ultimately not have any GHG-specific applicable 

requirements (such as a PSD-related BACT requirement for GHGs) included in their 

permit. This is because, as noted above, permitting authorities would need to request 

information related to identifying GHG emission sources and other information if they 

determine such information is necessary to determine applicable requirements. 

No changes to the final rule are necessary due to this comment.

Comment 4: Commenter states that it is unclear that should a facility’s permit include GHG 

emissions, what the permit condition or provision would be or what legal basis justifies any 

substantive permit provision. 

Response: Any GHG requirements derived from a PSD/ NSR permit will have specific 

emission limits and standards in the title V permit, based on the (Best Available Control 

Technology (“BACT”) determination. 

Other title V facilities without GHG requirements derived from a PSD/NSR permit will have the 

minimum conditions or requirements to quantify GHG emissions, including source descriptions 

and emission types, but not necessarily mass emission rates and limits, unless necessary for other 

reasons, i.e. possible limits requested by a facility to avoid NSR review, etc. 

See also Response to Comment 3 for additional information. 

No changes to the final rule are necessary due to this comment. 

Comment 5: Commenters request an explanation from ADEQ about permit conditions and 

provisions as well as what supporting documentation and evidence, or other information, 

including calculations, that sources subject to permitting will be required to provide to 

demonstrate whether the requirements in the proposed regulation apply. 
Page 7 of 28

EXHIBIT B 

Response: Applicants for permits or permit modifications under Regulation No. 26 are required 

to submit certain information to ADEQ as part of the existing application process (see 

Regulation 26.402). These requirements are unaffected by the proposed revisions in all regards 

except that the proposed revisions add GHGs as a new pollutant that must be addressed in the 

permit application. Permit application forms (as addressed in the currently effective Regulation 

26.402) will be revised to include the additional information that will be necessary after 

enactment of the proposed regulatory revisions and made available to the regulated community 

and the public. ADEQ would require sufficient information to determine applicability and 

monitoring as necessary. It is not the ADEQ’s intent to establish any GHG limits unless there 

are underlying requirements for such a limit, such as PSD/NSR. 

See Response to Comment 3 for additional information. 

No changes to the final rule are necessary due to this comment. 

Comment 6: Commenters request that ADEQ provide further explanation regarding the effect 

of the Tailoring Rule on its operating permit program, if any, in the event the revisions to 

Regulation 19 are not adopted by July 1, 2011. 

Response: Unless and until the proposed revisions are adopted and approved by EPA in a State 

Implementation Plan and Operating Permit (title V) Program, ADEQ will not have the requisite 

authority to issue permits regarding GHGs that are recognized as federal permits. Facilities that 

emit such pollutants at levels addressed in the federal GHG Tailoring Rule will be required to 

comply and obtain the necessary federally required permits before commencing construction or 

operation. Until Arkansas adopts GHG Tailoring Rule requirements, any PSD/NSR permits 

involving significant GHG emission increases will require EPA approval for the GHG portions. 

This will require application submittal to EPA, EPA review of the application, and drafting of 

permits by EPA. While ADEQ will seek to expedite any such permit and possibly enter into an 

agreement with EPA on permit issuance, it is not certain that EPA will issue any such permits or 

how quickly. 

The effect on the Operating Permit Program of not adopting the rules will leave ADEQ and 

facilities without title V permits that meet federal requirements. What action EPA will pursue in 

such an instance is unknown. ADEQ is continuing to work with EPA at the Regional and 

Headquarter levels to minimize any disruption of the Operating Permit (title V) program during 

the pendency of the rulemaking for Regulations No. 19 and No. 26. 

No changes to the final rule are necessary due to this comment. 

Comment 7: Commenters stated that only the following revisions are necessary to comply with 
Page 8 of 28

EXHIBIT B 

the Tailoring Rule. Making revisions beyond those listed below (such as revising definitions that 

do not need revising) is unnecessary and will have unintended regulatory consequences when an 

unnecessary change in one part of the regulation then implicates the application of other parts. 

The only revisions necessary are as follows: 

1. Addition of an adequately comprehensive rescission clause; 

2. Addition of definitions for “CO2 equivalent emissions (CO2e)” and “Greenhouse 

Gases (GHGs)”; 

3. Addition of the following to Regulation 26.302 Sources Subject to Permitting: “(G) 

any building, structure, facility, or installation that emits or has the maximum 

capacity under its physical and operation design to emit 100,000 tons per year of 

CO2e, including any physical or operational limitation on the source’s capacity to 

emit CO2e if such limitation is enforceable by the Administrator.”; 

4. Revision of Regulation 26.305 Emissions Subject to Permitting so it reads as follows: 

All regulated air pollutant emissions, GHG emissions and recognized air 

contaminant emissions from a part 70 source shall be included in a part 70 permit 

except that GHG emissions less than 100,000 tpy CO2e shall not be included in a 

part 70 permit unless permitting is triggered by a permit modification allowing an 

increase in emissions of CO2e of greater than 75,000 tpy CO2e, in which event the 

part 70 permit shall not include GHG emissions less than 75,000 tpy CO2e. Only 

regulated air pollutants and GHG emissions subject to regulation may trigger the 

need for a part 70 permit or a part 70 permit modification process. However, no 

Title V permit shall be required due to GHG emissions from any stationary source 

under this regulation, and GHGs shall not be deemed to be subject to regulation or 

Regulated Air Pollutants under this regulation, except as provided herein. 

Nothing herein is intended to be or shall be interpreted to be an “emission 

limitation” or “emission standard” within the meaning of section 302(k) of the 

Clean Air Act, or a “control requirement” within the meaning of section 193 of 

the Clean Air Act. A permit modification involving . . . [continue with remainder 

of existing regulation]. 

5. Regulation 26.403 should be revised to clarify that no existing part 70 source not 

seeking a modification that would increase emissions by at least 75,000 tpy CO2e is 

required to submit a new Title V application for GHG emissions until such time as its 

existing Title V is modified or renewed. See 75 Fed. Reg. 31523 (June 3, 2010) 

(“Sources with Title V permits must address GHG requirements when they apply for, 

renew, or revise their permits.”) 
Page 9 of 28

EXHIBIT B 

Response: ADEQ appreciates the Commenters’ proposed list of revisions to incorporate EPA’s 

GHG Tailoring Rule into Regulation No. 26, but ADEQ believes that the most cohesive and 

complete implementation of the GHG Tailoring Rule in the existing regulation is through the 

revisions that have been proposed (allowing for any revisions specified in this document). 

ADEQ has, however, modified the proposed language and placement of the rescission clause as a 

result of comments received. Regarding the “rescission clause,” please see Responses to 

Comments 11, 31, and 32. Commenters did not address the need for the newly proposed 

definitions to be placed in the Definitions chapter of Regulation No. 26 (Chapter 2), the changes 

needed for Regulation 26.401 Duty to Apply, or Regulation 26.403, “Initial applications from 

existing part 70 sources,” which specifies the GHG Tailoring Rule’s permit timing requirements. 

ADEQ responds to each item on the list as follows: 

1. ADEQ believes the “rescission clause” should be revised. Based on other comments, 

the proposed revisions to the definitions of “applicable requirement” and “major 

source” are withdrawn and the proposed rescission clause has been revised to place a 

stay on applicable GHG provisions if any change in federal law or federal court 

decision renders EPA’s regulation of GHGs invalid or unenforceable. The stay will 

remain in effect until the Commission makes a final decision on whether to lift the 

stay or to amend Regulation 26. Any changes in Regulation 26 would have to be 

adopted through formal rulemaking. This clause has been moved to the Severability 

section found at 26.103. See Responses to Comments 11, 31, and 32. 

2. The definitions for “CO2 equivalent emissions (CO2e)” and “Greenhouse Gases 

(GHGs)” are proposed in Regulation No. 26, Chapter 2. 

3. The proposed addition of Regulation 26.302(G) is withdrawn. See Response to 

Comment 10. 

4. The proposed and existing regulatory language adequately addresses the 

Commenters’ concerns since it neither limits emissions nor creates any specific 

emission standard for GHG other than that required by federal rules. 

5. Proposed changes to the definition of “Existing part 70 source,” when combined with 

permit timing requirements found in Regulation 26.401 and Regulation 26.403 

already state that no existing part 70 source that is not seeking a modification which 

increases GHG emissions by at least 75,000 tpy CO2e is required to submit a new title 

V application for GHG emissions until such time as its existing title V is modified or 

renewed. 
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Comment 8: ADEQ must address the effect that permitting GHGs as “air contaminants” will 

have on the permit fees required to be paid by permit holders. Permitting fees for GHGs should 

be exempt, and the Commission should require ADEQ to either exclude GHG emissions from 

permit fees (as is done with carbon monoxide) or directly address this issue in the revisions to 

Regulations 18, 19 and 26 or separately in a rulemaking for Regulation 9. 

Response: Revisions to permit fees are not part of this rulemaking. Permitting GHGs will result 

in additional costs for the permitting program. However, the issues associated with GHG 

permitting have been addressed in a separate rulemaking proposal for revisions to Regulation 

No. 9, which proposes to exclude CO2 and methane from being chargeable emissions within air 

permit fees. 

No changes to the final rule are necessary due to this comment. 

Comment 9: Addition of “or air pollutant” should not be adopted. Addition of the words “or 

‘air pollutant’” to the definition of “air contaminant” is unnecessary. Compliance with the 

Tailoring Rule arguably requires that the words “carbon dioxide (CO2)” be removed from the 

definition of air contaminant, which ADEQ has proposed, and nothing more. There is no 

mandate in the federal regulations requiring ADEQ to define “air pollutant,” and there is no 

indication that ADEQ requires this change in order to administer the air operating permit 

program efficiently and effectively. 

Response: ADEQ agrees that even though there is no federal mandate to modify the definition 

of “air contaminant,” removal of the exclusion for CO2 is necessary to implement the GHG 

Tailoring Rule. While making this change, the addition of the words “or air pollutant” to the 

definition of “air contaminant” will reduce the ambiguity arising from the Regulation’s 

synonymous use of these two terms. 

 

No changes to the final rule are necessary due to this comment. 

Comment 10: It is not necessary or appropriate to revise the definition of “Applicable 

Requirement.” The addition of the language at (M) under the definition of “Applicable 

Requirement” should be removed as it is not necessary and may lead to unintended regulatory 

consequences and cause confusion among the regulated community. The language proposed to 

be inserted at (M) would have the effect of making requirements found in the Tailoring Rule an 

“Applicable Requirement” for all part 70 sources, be they new, modified, or existing. At this 

time, there are no “Applicable Requirements” for existing part 70 sources not seeking a 

modification. 
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In Chapter 2 of Regulation 26, ADEQ has modified the definition of “air contaminant” and 

added definitions for CO2e equivalent emissions and GHGs which provide for regulation of 

GHGs. ADEQ also modified Regulation 26.302 to include stationary sources emitting or having 

the potential to emit 100,000 tpy CO2e and other sections for permit modification to be in 

compliance with the Tailoring Rule. These modifications to Regulation 26 should be sufficient 

without modifying the definition of “applicable requirement.” 

EPA believes the addition of new subsection M under the definition of “applicable requirement” 

at Regulation 26, Chapter 2, would be better situated under the new subsection of GHGs under 

the definition of “regulated air pollutant.” The definition of “applicable requirement” already 

appears to cover GHG permitting under subsections A and B as Title I requirements.

Response: The intent of the proposed changes to Regulation No. 26 was to prevent the 

wholesale inclusion of all recent revisions to EPA’s PSD/NSR and title V rules, while still 

incorporating the necessary elements of the GHG Tailoring Rule. ADEQ disagrees that the 

proposed revisions to the definition of “applicable requirement” at Regulation No. 26, Chapter 

2, would have the effect of making requirements found in the Tailoring Rule an “Applicable 

Requirement” for all part 70 sources. ADEQ also disagrees that this change modifies the intent 

of the GHG Tailoring Rule or the permitting requirements under Regulation No. 26. However, 

the proposed change to the definition of “applicable requirement” is withdrawn and the 

rescission clause has been moved to the Severability section found at 26.103. 

 See also Response to Comment 11. 

ADEQ agrees that proposed changes to Regulation 26.302 to include stationary sources 

emitting or having the potential to emit 100,000 tpy CO2e and other sections for permit 

modification to be in compliance with the GHG Tailoring Rule are redundant. ADEQ will 

remove the language proposed at Regulation 26.302(G) from the final rule. 

ADEQ disagrees that the proposed subsection M, under the definition of “applicable 

requirement” at Regulation No. 26, Chapter 2, would be better situated under the definition of 

“Regulated air pollutant” as a new subsection under the proposed addition of GHG. However, 

based on comments received, proposed changes to the definition of “applicable requirement” 

have been withdrawn and the rescission clause has been revised and moved to the Severability 

section found at Regulation 26.103. 

 See also Response to Comment 11. 

Comment 11: This definition of “Applicable Requirement” also includes ADEQ’s proposed 

Regulation 26 “escape clause.” However, the clause should be more properly placed in a 
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separate part of the Regulation, such as the Severability provision (Regulation 26.103), and 

should include more encompassing language for any provision “affected” by an overturn of the 

federal enabling law by the legislature in addition to a court order for the modifications to be 

deemed void and of no effect. 

Response: In 1995, the Arkansas Attorney General issued an opinion which specifically 

addresses adopting future legislation, rules, regulations or amendments by reference. The 

opinion states that doing so would run afoul of the constitutional separation of powers doctrine. 

Ark. Const. art. 4, §§ 1 and 2. The Attorney General opined: 

It is generally stated, pursuant to this doctrine, that the legislature may confer discretion 

in the administration of the law. It may not, however, delegate the exercise of its 

discretion as to what the law shall be. 16 C.J.S. Constitutional Law § 137 (1984). The 

latter form of delegation constitutes an unlawful delegation of legislative authority, and 

has been held to preclude legislative attempts to adopt by reference future legislation, 

rules, regulations or amendments to existing regulations. See generally Cheney v. St. 

Louis Southwestern Railway Co., 239 Ark. 870, 394 S.W.2d 731 (1965) (rejecting as 

unconstitutional that part of the Income Tax Law of 1929 under which certain corporate 

tax liability was to be based upon a formula subject to prospective federal legislation or 

administrative rules); City of Warren v. State Construction Code Commission, 66 Mich. 

App. 493, 239 N.W.2d 640 (1976) (stating that while the legislature clearly may 

incorporate by reference existing statutes, it cannot adopt by reference future legislation, 

rules, or regulations which are subsequently enacted or promulgated by another sovereign 

authority). 

The Attorney General’s opinion clearly prohibits incorporating by reference future legislation, 

rules, regulations, or amendments. Because the prohibition against prospective rulemaking 

articulated in the Attorney General’s opinion does not specifically address judicial review, the 

rescission clause as proposed was limited to voiding the changes in Regulation No. 26 based on 

judicial review of EPA’s regulation of GHGs by a federal court. 

The comments received indicate that the proposed rescission clause was inadequate to address 

the potential changes and decisions at the federal level. The Department believes that, if 

modified, EPA’s regulation of GHGs will most likely be addressed through federal legislation or 

a federal court decision. In order to accommodate the needed flexibility for responding on the 

state level to GHG regulatory changes at the federal level without violating the Attorney 

General’s opinion prohibiting prospective rulemaking, the Department revised Reg. 26.103 to 

provide for a stay of the GHG provisions, rather than rendering the provisions null and void. 

Therefore, the rescission clause has been revised to respond to comments received so that any 

applicable Regulation No. 26 GHG provisions will be temporarily stayed if any federal 
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EXHIBIT B 

legislation or federal court decision invalidates or renders EPA’s regulation of GHGs 

unenforceable. Once stayed, the Commission will then make a final decision on whether to lift 

the stay without revising Regulation No. 26 or initiate formal rulemaking to amend Regulation 

No. 26 in order to maintain consistency with the federal requirements. Additionally, in response 

to comments receive, the revised clause has been added to the Severability section of Regulation 

No. 26. 

See also Responses to Comments 31 and 32.

Comment 12: Chapter 2 definitions for “CO2 equivalent emissions” and “greenhouse gases” are 

unnecessarily confusing and should be the same as those in Regulation 19.904. The definition of 

“greenhouse gases” at Regulation 26, Chapter 2, should be revised to mirror the definition of 

“greenhouse gases” in Regulation 19.904 for purposes of consistency and clarity. We suggest 

the following revisions to this definition: “Greenhouse gases” (GHGs) is the air pollutant defined 

as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. 

Response: The definitions of “CO2 equivalent emissions” and “Greenhouse gases” proposed in 

Chapter 2 of Regulation Nos. 19 and 26 are nearly identical to each other as well as the GHG 

Tailoring Rule’s definitions of the terms. For additional clarity, the definitions of “CO2

equivalent emissions” and “Greenhouse gases” proposed in Chapter 2 of Regulation Nos. 19 and 

26 will be modified to match the GHG Tailoring Rule’s definitions of the terms, with the 

exception of the internal citations to 40 CFR Part 86.1818-12-(a) being deleted and an 

incorporation by reference date of October 30, 2009, to Table A-1 to subpart A of 40 CFR Part 

98 being added. 

Comment 13: Comments were received stating that the proposed addition of subpart (B) to the 

“existing part 70 source” definition is superfluous, unnecessary and may lead to unintended 

regulatory consequences and cause confusion among the regulated community. Additionally, the 

proposed revision to the first half of Regulation 26’s definition of “Existing part 70 source” 

states that it means “a part 70 source that was in operation as of September 13, 1993 . . . ” A 

“part 70 source” currently is defined in Regulation 26 as “any source subject to the permitting 

requirements of this regulation.” Therefore, there is no need to add the additional language 

proposed as subsection (b) of the definition of “Existing part 70 source.” 

Response: Absent these revisions, the current regulation could be read to mean that a facility 

that is not currently subject to title V (part 70) permit requirements but becomes a major source 

solely due to the amount of GHG emissions and new regulations would be out of compliance 

immediately as of the effective date of the GHG revisions to Regulation No. 26 since it would 
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EXHIBIT B 

not have an appropriate title V permit. This outcome was not the intent of the GHG Tailoring 

Rule or this rulemaking.

No changes to the final rule are necessary due to this comment. 

Comment 14: It is not clear that EPA required that the definition of “existing part 70 source” be 

modified for Title V programs as part of the Tailoring Rule. It is unnecessary to revise this 

Definition with any reference to GHGs, as sources subject to permitting due to their GHG 

emissions would be considered existing part 70 sources by way of the current definition of that 

term and the proposed revisions to Regulation 26.302. 

Response: While the proposed revisions to the definition of “Existing part 70 source” are not 

identical to the implementing provisions found in the GHG Tailoring Rule, the proposed 

revisions are necessary to enact the GHG Tailoring Rule in the existing Regulation No. 26. 

These revisions are designed to incorporate only the essential elements of EPA’s GHG Tailoring 

Rule. The proposed revision to add 26.302(G) is withdrawn as addressed above. See also 

Responses to Comments 3, 10, and 13. 

Comment 15: The definition of “Greenhouse Gases” differs from that proposed for Regulation 

19. For clarity and consistency, the definition of “Greenhouse Gases” in Regulation 26 should 

correspond exactly to the definition of “Greenhouse Gases” in proposed Regulation 

19.904(G)(1). 

Response: The manner in which the terms “Greenhouse gases” and “CO2 equivalent emissions” 

are used in Regulation 19.904(G) requires additional qualifying language that is not contained in 

the GHG Tailoring Rule’s definitions of the terms in order to implement the GHG Tailoring Rule 

in the existing Regulation No. 19. The language added to the definition of the terms found in 

Regulation 19.904(G) is taken directly from the GHG Tailoring Rule’s definition of “Subject to 

Regulation,” and has been placed at Regulation 19.904(G) for implementation of the GHG 

Tailoring Rule in Regulation No. 19 and is necessary for implementation of the GHG Tailoring 

Rule in Regulation No. 26. 

See Response to Comment 12 for additional information. 

No changes to the final rule are necessary due to this comment. 

Comment 16: No revision to the definition of “Major Source” should be adopted. The addition 

of the language at (B) under the definition of “major source” is unnecessary. It is not clear that 

EPA has required that this definition under title V be modified for purposes of the Tailoring 

Rule. 
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EXHIBIT B 

Response: The EPA’s GHG Tailoring Rule revised the federal definition of “major source” by 

codifying its interpretation that applicability for a major stationary source was triggered by 

sources of pollutants “subject to regulation” (and adding “subject to regulation” to the definition 

of major source) and added a definition of “subject to regulation.” Consideration was given to 

adopting the federal rule by reference; however, it was believed that doing so may violate the 

prohibition against prospective rulemaking, due to the manner in which EPA crafted the federal 

rule. However, based on other comments received, the proposed revision to the definition of 

“major source” is withdrawn. 

See also Response to Comment 18. 

Comment 17: If “GHGs” are added to the definition of “regulated air pollutant” then, according 

to the proposed additions to the definition of “major source,” any major stationary source that 

directly emits or has the potential to emit 100 tpy or more of GHG will be a major source as 

defined by Regulation 26. This outcome would controvert the stated purpose of the Tailoring 

Rule, which is to tailor the applicability criteria for sources subject to greenhouse gas permitting 

requirements under Title V so as to avoid imposing undue costs. 

Response: ADEQ will revise the proposed definition of subsection (F) of “Regulated air 

pollutant” in Chapter 2 as follows: “...GHGs, except that GHGs shall not be a Regulated Air 

Pollutant unless the GHG emissions are from a part 70 source (1) emitting or having a potential 

to emit 100,000 tpy CO2e or more; and (2) emitting or having a potential to emit amounts that 

equal or exceed 100 tpy calculated as the sum of the six (6) well-mixed GHGs on a mass basis.” 

See also Response to Comment 19. 

Comment 18: The revised definition of “major source” at Regulation 26, Chapter 2 appears to 

limit major source applicability under title V to a source that has both 100,000 tpy CO2e and 100 

tpy of any regulated pollutant; essentially this means a source is only major for title V if it can be 

considered major for GHG emissions. Commenters believe that the clearest option for resolving 

this concern is to revise the definition of “major source” pursuant to the revisions at 40 CFR 70.2 

to include the phrase “any regulated air pollutant subject to regulation,” then the definition of 

“subject to regulation” could be added to the Regulation 26 definitions. 

Response: ADEQ disagrees that the Commission’s Regulations should adopt the phrase 

“subject to regulation” since doing so may result in prospective rulemaking, in violation of 

Arkansas law. Additionally, the proposed revisions to the definition of “major source” will be 

withdrawn. 

See also Responses to Comments 2 and 11. 
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The federal GHG Tailoring Rule establishes a “dual threshold” applicability test in regard to 

GHG emissions – the traditional 100 tpy of a pollutant plus the “tailored” threshold by applying 

the global warming potential to each of the component gases that make up the pollutant GHG. 

Our initial proposal was an attempt to address the dual threshold within the major source 

definition; however, after consideration of comments received, we have determined that a 

slightly different approach is more appropriate. Therefore, the proposed revision to the 

definition of “Major source” is withdrawn. This will retain the “mass” threshold (100 tpy) to 

remain applicable to GHGs, in keeping with the federal Tailoring Rule and the second threshold 

test (mass multiplied by the global warming potential) for the purpose of defining the permitting 

threshold will be addressed by applying the changes proposed to the definition of “Regulated air 

pollutant.” 

See also Response to Comment 19. 

Comment 19: GHGs should not be added to the definition of “Regulated Air Pollutant.” The 

addition of the word “GHGs” at (F) under the definition of “Regulated Air Pollutant” is not 

required by the Tailoring Rule and could have unintended regulatory consequences. While 

GHGs is a regulated NSR pollutant at the federal level, that term is independently defined in 

state Regulation 26 with a meaning that is separate and distinct from that in the federal program. 

The Tailoring Rule does not appear to directly modify the definition of “regulated air pollutant,” 

as currently defined in Regulation 26, nor does it require the State to do so to implement the 

Tailoring Rule. Adding GHGs to the definition of “Regulated Air Pollutant” will subject GHG 

sources to additional requirements not envisioned by the Tailoring Rule and make Regulation 26 

stricter than federal law. 

Response: While the proposed regulation revisions to the definition of “Regulated air pollutant” 

are not found in the Tailoring Rule, these proposed regulation revisions are necessary to 

implement the Tailoring Rule in the existing Regulation No. 26. Because ADEQ is not 

proposing that Regulation No. 26 adopt the federal definition of “subject to regulation,” it 

becomes necessary to include GHG in the Regulation No. 26 definition of “Regulated air 

pollutant.” ADEQ believes such use does not change the meaning or intent of the federal 

Tailoring Rule nor does this revision broaden the scope of the requirements for GHGs or make 

Regulation No. 26 more stringent than the federal regulation. Revisions have been made in 

response to comments received to clarify the intent and application of inclusion of GHGs to the 

definition of “Regulated air pollutant.” The definition of “Regulated air pollutant” will be 

revised as follows: “...GHGs, except that GHGs shall not be a Regulated Air Pollutant unless 

the GHG emissions are from a part 70 source (1) emitting or having a potential to emit 100,000 

tpy CO2e or more; and (2) emitting or having a potential to emit amounts that equal or exceed 

100 tpy calculated as the sum of the six (6) well-mixed GHGs on a mass basis.” This revision, 
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EXHIBIT B 

combined with other revisions within this rulemaking, incorporates the essential elements 

established in the federal Tailoring Rule without the attendant problems of incorporating the 

federal definitions as promulgated by EPA. 

Comment 20: Commenters urge the Commission to adopt a provision in Regulation 26 that 

clarifies that nothing in Regulation 26 is intended or should be interpreted to deem GHGs a 

Regulated Air Pollutant for the purposes of Regulation 26. 

Response: See Response to Comment 19 for an explanation of why ADEQ has proposed to add 

GHG to the definition of “Regulated air pollutant.” 

No changes to the final rule are necessary due to this comment. 

Comment 21: The revision to Regulation 26.302 should not reference “Stationary Sources” or 

“Potential To Emit.” ADEQ proposes to add to Regulation 26.302 a new subpart (G) relating to 

GHG sources. So as to deem those sources “subject to permitting,” ADEQ should delete the 

word “stationary” before “source” and not reference “potential to emit.” The terms “stationary 

sources” or “potential to emit” are defined terms in Regulation 26 that reference a source’s 

emissions of regulated air pollutants. ADEQ’s use of “stationary source” and “potential to emit” 

in Regulation 26.302(G) is unnecessary for implementation of the Tailoring Rule and, given 

ADEQ’s other proposed revisions in Regulation 26, could render Regulation 26 to be more 

stringent than federal law. In the event ADEQ decides to include the terms “stationary source” 

and “potential to emit” in this section, it should explain its rationale for doing so, cite to the 

provisions of the Tailoring Rule which refer to a source of GHGs as a stationary source emitting 

regulated air pollutants and explain the reasons why it believes the inclusion of that term is 

required to adopt the Tailoring Rule.

Response: ADEQ believes that the term “major source” in Regulation No. 26 is defined to 

include GHG sources. Additionally, with the incorporation of the changes discussed above in 

relation to “regulated air pollutant,” subsection (G) of Reg. 26.302 is unnecessary and will be 

deleted. 

See also Responses to Comments 18 and 19. 

Comment 22: Commenters suggest the following language as a proposed revision to section 

26.302 instead: “(G) any building, structure, facility, or installation that (1) emits 100,000 tons 

per year or more of CO2e; or (2) has the maximum capacity under its physical and operational 

design to emit 100,000 tons per year or more of CO2e, including any physical or operational 

limitation on the source’s capacity to emit CO2e if such limitation is enforceable by the 

Administrator.” 
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EXHIBIT B 

Response: See Responses to Comments 10 and 21. 

Comment 23: The revisions to Regulation 26, Section 26.302, do not adequately address the 

two step approach used to determine whether a source is subject to title V permitting. In addition 

to emitting at or above the 100,000 tpy CO2e threshold, a source must also be a major title V 

source with 100 tpy of GHG emissions. Commenters noted that if the ADEQ chooses to correct 

the definition of “major source” as discussed above by adding the phrase “subject to regulation” 

it is likely that Section 26.302 will not need to be revised. 

Response: ADEQ acknowledges the two step approach used to determine whether a source is 

subject to title V permitting and will rely on the proposed regulation revisions incorporated from 

the GHG Tailoring Rule to address title V permitting. ADEQ also acknowledges the possibility 

that a GHG emitting source can theoretically emit over 100,000 tpy CO2e without emitting over 

100 tpy of regulated air pollutants, an issue EPA addressed in the preamble to the GHG Tailoring 

Rule. If such a permitting issue arises in Arkansas, ADEQ will likewise follow EPA’s intentions 

described in the preamble to the GHG Tailoring Rule by applying the two step approach to 

determine whether a source is subject to title V permitting. For the purpose of determining 

whether a GHG emission source, resulting from either new construction or a physical or 

operational change at an existing source, is considered a major source under PSD, ADEQ will 

require the following conditions to be met: 

(1) 100 tpy calculated as the sum-of-six well-mixed GHGs on a mass basis (no Global 

Warming Potential values applied); and 

(2) An existing or newly constructed source emits or has the potential to emit GHG in 

amounts that equal or exceed 100,000 tpy CO2e basis. 

See also Responses to Comments 10, 11, 18, and 19. 

Comment 24: “Recognized” before “Air Contaminant Emissions” in Regulation 26.305 should 

not be deleted. ADEQ should not delete the word “recognized” before “air contaminant 

emissions” and should provide that GHG emissions are subject to be included in a part 70 permit 

pursuant to the provisions of Regulation 26, and change the threshold for not including GHG 

emissions in a title V permit as 100,000 tpy CO2e rather than 75,000 tpy CO2e unless triggered 

by a minor permit modification. However, this word should not be deleted since the term 

“recognized air contaminant” is specifically defined in Regulation 26 and sets out the criteria for 

air contaminants to be included in a Title V air permit, including those which present a harm to 

the public health and the environment. By deleting this word, a source is subject to including all 

air contaminant emissions in its title V permit, which is a much stricter application than federal 

law and more burdensome for the permittee and for ADEQ. It is not necessary to change this 

term for purposes of the Tailoring Rule. It is important that the word “recognized” not be 
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EXHIBIT B 

deleted; or ADEQ should provide its scientific and technical rationale for deleting “recognized,” 

and conduct an evaluation including consideration of the economic impact and environmental 

benefit of such modification to the regulation. 

Response: The deletion of the word “recognized” will not be finalized as part of this regulation 

revision.

Comment 25: Deletion of the word “recognized” will require a source to include all air 

contaminant emissions in its title V permit instead of only those air contaminant emissions which 

may be “reasonably assumed to be present according to mass balance calculations or applicable 

published literature,” or which may “cause or present a threat of harm to human health or the 

environment” (see Regulation 26 definition of Recognized air contaminant emissions).

Response: A facility’s obligation to include emissions in its permit application is not limited by 

“mass balance” or “published information.” “Recognized air contaminant emissions” is defined 

in the Regulation, but it is not the only criteria for including emissions which are to be included 

in a title V air permit. It is noted that Regulation 26.305 requires that “all regulated air pollutant 

emissions” as well as “recognized air contaminant emissions” be included in a part 70 source’s 

permit. 

The deletion of the word “recognized” will not be finalized as part of this regulation revision.

Comment 26: Because deleting the word “recognized” is not required by the Tailoring Rule, 

and doing so will result in regulation which is stricter than that required by federal law, should 

the Commission adopt such a revision then the Commission must undertake a benefit analysis to 

consider the economic impact and environmental benefit of the amendment. Furthermore, 

because the proposed deletion is not required by or consistent with federal law, the Commission 

also must provide a written scientific and technical rationale explaining the necessity of the 

amended regulation. 

Response: See Responses to Comments 24 and 25. 

Comment 27: The proposed language referencing the thresholds for emissions subject to 

permitting in Regulation 26.305 should be adjusted. ADEQ proposes to add language to the 

“emissions subject to permitting” section stating “that GHG emissions less than 75,000 tpy CO2e 

shall not be included in a part 70 permit.” However, after July 1, 2011, only facilities that emit 

at least 100,000 tpy CO2e will be subject to title V permitting requirements under the Tailoring 

Rule unless there is a modification that involves emissions increases of greater than 75,000 tpy 

CO2e. Because only those facilities which emit at least 100,000 tpy CO2e, without a triggering 

modification, are subject to title V permitting requirements, the proposed language should be 
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EXHIBIT B 

revised to reflect that GHG emissions less than 100,000 tpy shall not be included in a part 70 

permit, except in the case of a triggering modification, as defined. Commenters are concerned 

about the revisions to Regulation 26, Section 26.305. Commenters interpret the purpose of this 

revision to exclude from inclusion in the title V permit emissions of GHG that are not major for 

PSD. If that is the case, the revision needs to reference both the CO2e threshold to determine a 

source is subject to regulation and the 100/250 tpy major source threshold for determining 

whether the source is major for PSD permitting. Additionally, we have concerns that this 

provision will preclude a source from taking synthetic minor limits to avoid major source 

applicability. 

Response: ADEQ agrees with this comment. The proposed language referencing the thresholds 

for emissions subject to permitting in Regulation 26.305 will be adjusted in the following way 

“...GHG emissions less than 100,000 tpy CO2e shall not be included in a part 70 permit unless 

the part 70 source undertakes a physical change or change in the method of operation that will 

result in an emissions increase of 75,000 tpy CO2e or more.”

Comment 28: Should ADEQ adjust its proposed revision Reg. 26.305 upward to the 100,000 

tpy CO2e threshold, then the provision should also address those sources subject to permitting 

due to a permit modification of greater than 75,000 tpy CO2e pursuant to the proposed revision 

to section 26.1002(A). ADEQ should clarify the threshold to 100,000 tpy CO2e rather than 

75,000 tpy CO2e since that is the threshold for a minor permit modification. Commenters 

suggest the following replacement language: “All regulated air pollutant emissions, recognized 

air contaminant emissions, and GHGs emissions subject to regulation shall be included in a part 

70 permit, except that GHG emissions less than 100,000 tpy CO2e shall not be included in a part 

70 permit unless triggered by a minor permit modification regarding an emission increase of 

CO2e as required by this regulation; and only regulated air pollutants and GHGs emissions 

subject to regulation may trigger the need for a part 70 permit or a part 70 modification process . 

. .” ADEQ should explain why the threshold for non-application of GHGs in a Title V permit is 

75,000 tpy CO2e rather than 100,000 CO2e as set out in the Tailoring Rule, and conduct an 

evaluation including consideration of the economic impact and environmental benefit of such 

modification to the regulation, and provide a written scientific and technical rationale explaining 

the necessity of the amended regulation. 

Response: It is agreed that the 75,000 tpy is in error and Regulation 26.305 will be corrected in 

the final rule as follows: “All regulated air pollutants and recognized air contaminant emissions 

from a part 70 source shall be included in a part 70 permit, except that GHG emissions less than 

100,000 tpy CO2e shall not be included in a part 70 permit...” See also Response to Comment 

27. 

Comment 29: It should be clarified that GHG emissions in addition to regulated air pollutants 
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EXHIBIT B 

can trigger permitting in Regulation 26.305. The second sentence of Regulation 26.305 should 

also be revised to add a reference to GHG emissions after the language “only regulated air 

pollutants.” Additionally, the language of these paragraphs should be clarified to note that air 

pollutant emissions emitted in greater than De Minimis amounts should be addressed in permits. 

Otherwise, it could be mistakenly assumed that even trivial amounts of air pollutants must be 

permitted, which is not current ADEQ practice. 

Response: The definition of “Regulated air pollutant” in Regulation No. 26 as revised will 

include GHGs. ADEQ has, in practice, developed procedures to not include some lesser 

emissions; however, there is no definition of De Minimis amounts in the GHG Tailoring Rule; 

therefore, it cannot be referenced in Regulation No. 26. The revisions to this rule do include a 

threshold for minor permit modifications (Regulation 26.1002(A)(8)) in regards to GHG 

emission changes of less than 75,000 tpy. 

No changes to the final rule are necessary due to this comment.

Comment 30: Regulation 26.403 should be clarified. The proposed change to Regulation 

26.403 requires that existing part 70 sources submit an application to ADEQ for its GHG 

emissions within 1 year from July 1, 2011, which is the date that a source becomes subject to 

title V for purposes of the Tailoring Rule. 

Response: The purpose for the proposed revisions to Regulation 26.403 (and the revision to the 

definition of “existing part 70 source” in Chapter 2) was to clarify when a facility must submit an 

application if it becomes subject to the part 70 permit requirements due to the GHG regulations. 

The wording of Regulation 26.403, as requested in comments, is revised for clarity as follows: 

“A timely application for an initial part 70 permit for an existing part 70 source is one that is 

submitted within 12 months after the source becomes subject to the permit program, or on or 

before such earlier date as the Department may establish. The earliest that the Department may 

require an initial application from such an existing part 70 source is 6 months after the 

Department notifies the source in writing of its duty to apply for an initial part 70 permit.” 

Comment 31: Each regulation should contain its own provision that clearly, comprehensively 

and effectively rescinds changes made during these rule-makings, a so-called “escape clause,” in 

the event that the Tailoring Rule or EPA’s authority to regulate carbon dioxide or other GHG 

emissions as a climate change mitigation strategy is reversed, terminated, effectively limited 

through judicial, regulatory, legislative action, or any of the other wide variety of potential 

actions including successful court challenge of the federal regulations, action by Congress 

deferring or eliminating EPA authority to regulate Greenhouse Gases, alternate legislation that 

replaces the current Tailoring Rule, or alternate regulation by EPA that results in Greenhouse 

Gases not being subject to federal permitting requirements. These provisions should operate 
Page 22 of 28

EXHIBIT B 

both prospectively and retroactively and should be broad enough to apply to related GHG 

provisions in permits issued pursuant to these regulatory changes. The proposed clause is unduly 

narrow and, in the event all or part of the Tailoring Rule is invalidated by anything other than a 

court decision, could lead to a requirement for an Arkansas operating permit for GHG emissions 

when none exists in federal law. 

Response: In 1995, the Arkansas Attorney General issued an opinion which specifically 

addresses adopting future legislation, rules, regulations or amendments by reference. The 

opinion states that doing so would run afoul of the constitutional separation of powers doctrine. 

Ark. Const. art. 4, §§ 1 and 2. The Attorney General opined: 

It is generally stated, pursuant to this doctrine, that the legislature may confer discretion 

in the administration of the law. It may not, however, delegate the exercise of its 

discretion as to what the law shall be. 16 C.J.S. Constitutional Law § 137 (1984). The 

latter form of delegation constitutes an unlawful delegation of legislative authority, and 

has been held to preclude legislative attempts to adopt by reference future legislation, 

rules, regulations or amendments to existing regulations. See generally Cheney v. St. 

Louis Southwestern Railway Co., 239 Ark. 870, 394 S.W.2d 731 (1965) (rejecting as 

unconstitutional that part of the Income Tax Law of 1929 under which certain corporate 

tax liability was to be based upon a formula subject to prospective federal legislation or 

administrative rules); City of Warren v. State Construction Code Commission, 66 Mich. 

App. 493, 239 N.W.2d 640 (1976) (stating that while the legislature clearly may 

incorporate by reference existing statutes, it cannot adopt by reference future legislation, 

rules, or regulations which are subsequently enacted or promulgated by another sovereign 

authority). 

The Attorney General’s opinion clearly prohibits incorporating by reference future legislation, 

rules, regulations, or amendments. Because the prohibition against prospective rulemaking 

articulated in the Attorney General’s opinion does not specifically address judicial review, the 

rescission clause as proposed was limited to voiding the changes in Regulation No. 26 based on 

judicial review of EPA’s regulation of GHGs by a federal court 

However, the comments received indicate that the proposed rescission clause was inadequate to 

address the potential changes and decisions at the federal level. The Department believes that, if 

modified, EPA’s regulation of GHGs will most likely be addressed through federal legislation or 

a federal court decision. In order to accommodate the needed flexibility for responding on the 

state level to GHG regulatory changes at the federal level without violating the Attorney 

General’s opinion prohibiting prospective rulemaking, the Department revised Reg. 26.103 to 

provide for a stay of the GHG provisions, rather than rendering the provisions null and void. 

The rescission clause has been revised to respond to comments received so that any applicable 
Page 23 of 28

EXHIBIT B 

Regulation No. 26 GHG provisions will be temporarily stayed if any federal legislation or 

federal court decision invalidates or renders EPA’s regulation of GHGs unenforceable. Once 

stayed, the Commission will then make a final decision on whether to lift the stay without 

revising Regulation No. 26 or initiate formal rulemaking to amend Regulation No. 26 in order to 

maintain consistency with the federal requirements. 

See also Responses to Comments 11 and 32. 

Comment 32: The definition of “Applicable Requirement” is not the appropriate location for a 

rescission clause. To better convey that the rescission clause is applicable to all GHG 

requirements in Regulation 26, the rescission clause should be included under the “severability” 

section of Chapter 1. To address these concerns, commenters propose the following rescission 

clause be included in Regulation 26.103: 

The provisions of this Regulation and any terms or conditions of operating air 

permits regarding Greenhouse Gases, as herein defined, shall cease to be effective 

if any of the following occurs: 

1) Enactment of federal legislation depriving the Administrator of authority, 

limiting the Administrator’s authority, or requiring the Administrator to delay 

the exercise of authority, to regulate Greenhouse Gases under Title V of the 

Clean Air Act; or 

2) The issuance of any opinion, ruling, judgment, order or decree by a federal 

court depriving the Administrator of authority, limiting the Administrator’s 

authority, or requiring the Administrator to delay the exercise of authority, to 

regulate Greenhouse Gases under Title V of the Clean Air Act, or finding any 

such action, in whole or in part, to be arbitrary, capricious, or otherwise not in 

accordance with law; or 

3) Action by the President of the United States or the President’s authorized agent, 

including the Administrator, to repeal, withdraw, suspend, postpone, or stay 

the amendment to 40 CFR Section 51.166 promulgated on June 3, 2010, as set 

forth at 75 Fed. Reg. 31606, or to otherwise limit or delay the Administrator’s 

exercise of authority to require operating air permits for sources of 

Greenhouse Gas emissions. 

4) U.S. EPA final regulation resulting in Greenhouse Gases not being subject to 

regulation under Title V of the Clean Air Act. 

Response: The proposed rescission clause has been revised so that it is more closely aligned 

with the Commenter’s suggested changes and has been moved to the Severability section at 

Regulation 26.103. 

See also Responses to Comments 11 and 31. 
Page 24 of 28

EXHIBIT B 

Comment 33: The language or provisions used in these rules to obtain approval to administer 

the Tailoring Rule should not result in unintended consequences, should not impose or permit the 

imposition of unduly burdensome, costly, or needless regulatory requirements, and should not 

lead to absurd results (such as a requirement to apply for and obtain a permit with no regulatory 

conditions). 

Response: ADEQ has made every effort to incorporate the necessary provisions of the GHG 

Tailoring Rule in order to maintain consistency with the federal program and obtain the 

necessary federal approvals for the state program while maintaining maximum state authority 

over its permitting programs. ADEQ expects that EPA will grant approval for ADEQ to 

administer the GHG provisions of the programs, which will be implemented in a fashion to 

maximize program efficiency and minimize the burden to the regulated community to the extent 

possible. 

 No changes to the final rule are necessary due to this comment. 

Comment 34: ADEQ should separately list that GHG emissions as required by Regulation 26 

shall be included in a part 70 permit rather than referring to GHG emissions as “regulated air 

pollutant emissions.” 

Response: It appears that this is a preference by the commenter; no reason is given why it is 

inappropriate as proposed by ADEQ. We disagree that the suggested approach is better or more 

appropriate and retain the opinion that the revised rule revision to the definition of “regulated air 

pollutant” is the most comprehensive and efficient manner to address this matter. 

See also Response to Comment 19. 

Comment 35: In Regulation 26.403 (initial applications from existing part 70 sources), ADEQ 

should provide that existing title V sources are not required to submit a new Title V application 

for purposes of the Tailoring Rule until such time as its title V permit is modified or renewed.

ADEQ’s proposed change to this section can be interpreted to mean that any existing title V 

source must submit a new Title V application for purposes of the Tailoring Rule by July 1, 2012 

(one year from July 1, 2011, the date a source becomes subject to title V for purposes of the 

Tailoring Rule). However, EPA has not made such a requirement for existing title V sources in 

the Tailoring Rule. ADEQ should modify this section to clarify the requirements of existing title 

V permittees with regard to compliance with permitting under the Tailoring Rule. 

Response: Through modifications made to Regulation 26.403 (initial applications from existing 

part 70 sources), and the definition of “existing part 70 sources,” ADEQ has made it clear that 
Page 25 of 28

EXHIBIT B 

existing title V sources not previously subject to the permitting requirements of Regulation No. 

26 would be required to submit an application within 12 months of becoming classified as a 

major source due to their GHG emissions. Regulation 26.403 addresses Initial application 

submittal time frames. The deadline for submission of an initial application for sources already 

subject to Regulation No. 26 permitting (major sources without GHG emissions) has long since 

passed and those facilities should already have a part 70 (title V) permit. Such facilities are not 

required to submit a new title V application to address their GHG emissions until such time as 

their title V permit is modified or renewed. 

It should be noted that facilities not previously subject to permitting as a major source but 

that will become a major source solely due to its GHG emissions will have an obligation 

under federal regulations to submit a title V permit application within 12 months of 

becoming subject to such requirements imposed by federal law, regardless of the status of 

the revisions of Regulation 26. 

See also Response to Comment 30. 

Comment 36: Commenters believe that the inclusion of the “subject to regulation” language at 

40 CFR 70.2 would greatly improve clarity of the Arkansas regulations. Commenters think that 

ADEQ could either add this as a separate Regulation 26 definition or include this under the new 

subsection for GHGs under the definition of “regulated air pollutant.” 

Response: ADEQ considered incorporating the federal definition of “subject to regulation” into 

Regulation No. 26, but believed doing so could be considered prospective rulemaking due to the 

manner in which EPA crafted the federal GHG Tailoring Rule. ADEQ believes the proposed 

revisions limit EPA’s role in the regulation of Arkansas sources in a responsible manner which is 

desirable for all state entities and preserves the public right for notice and commenting on 

changes to state regulations. 

 

See also Response to Comment 19.

Comment 37: Commenters interpret the revisions to the minor permit modification procedures 

at Regulation 26, Section 26.1002 to apply to sources that are minor for PSD permitting 

requirements. If that is the correct interpretation, this provision must be revised to reflect the 

usage of CO2e to determine if the source is subject to regulation and then the 100/250 tpy major 

source thresholds to determine if the source is major for PSD. 

Response:  The only test needed is if the emissions changes are below the PSD significance 

level. It is irrelevant whether or not the facility is a current major PSD source. In any event, 
Page 26 of 28

EXHIBIT B 

modifications that are subject to PSD review are prohibited under 26.1002(G) to be processed as 

minor permit modification. 

No changes to the final rule are necessary due to this comment.

Comment 38: The definition of “CO2 Equivalent Emissions” at Regulation 26, Chapter 2 

includes the incorporation date of October 30, 2009. We note that it will be ADEQ’s 

responsibility to monitor Table A-I to subpart A of 40 CFR Part 98 for updates and to initiate 

rulemaking accordingly pursuant to all applicable title V revision requirements. 

Response: ADEQ acknowledges this comment. 

Comment 39: The Department should consider simply incorporating the pertinent provisions of 

the federal Tailoring Rule in Regulations 19 and 26. The Department should be required to 

consider simply incorporating the Tailoring Rule by reference in Regulations 18, 19 and 26. 

ADEQ has the authority to do so pursuant to Regulation 8.817. This would prevent argument as 

to whether the Department’s proposed modifications of Regulations 18, 19, and 26 are 

unnecessary, inconsistent, and more stringent than the equivalent federal rule. 

Response: ADEQ considered incorporating the GHG Tailoring Rule by reference into 

Regulation No. 26, but believed doing so could run afoul of the prohibition on prospective 

rulemaking due to the manner in which EPA crafted the federal rule. ADEQ believes the 

proposed regulation revisions limit EPA’s role in the regulation of affected Arkansas sources in a 

responsible manner which is desirable for all state entities and preserves the public right for 

notice and commenting on changes to state regulations. 

 

See also Response to Comment 19. 

Comment 40: Currently, ADEQ lists all pollutants (emitted in above De Minimis amounts) 

from each individual source, regardless of whether facility-wide thresholds have been exceeded. 

(Example: Permitting SO2 emissions from natural-gas combustion sources as an “also emitted” 

pollutant.) Will this practice continue with GHGs, or will GHGs not be listed as pollutants at all 

in the permits until after the facility-wide GHG permitting thresholds are reached? 

Response: Normally permits will not contain GHG emissions until the permitting thresholds are 

reached. A facility may wish to assume a GHG limit for certain purposes, such as restriction to a 

minor source when there are no other methods to limit GHG (such as a fuel use limit). 

No changes to the final rule are necessary due to this comment.
Page 27 of 28

EXHIBIT B 

Comment 41: Regulation 26 does not appear to currently have any general transition clauses 

such as those found in Regulations #18 and #19 which may (or may not) indicate that permittees 

have 180 days after the effective date of the regulation to submit permit applications addressing 

GHGs. This language seems in need of updating since it refers to “facilities which are now 

subject to this regulation which were not previously.” It should also refer to facilities that are 

subject to new provisions of this regulation. 

If these existing generic transition clauses are not intended for the GHG permitting 

implementation then the regulation should clarify such. 

Also, Regulation 26 does not appear to currently have any such transition clauses. Such may 

need to be inserted for clarity. 

Response: The general transition clauses are found in Regulation 26.403 and Regulation 

26.404. The definition of an “Existing part 70 source” was modified to account for existing 

GHG sources. See also Response to Comment 35. 

No changes to the final rule are necessary due to this comment. 

Comment 42: The definition of “Major source” found in Chapter 2 of Regulation 26 should 

include the following changes: 

The phrase “or more” should be added to the first line of the definition of “major source” 

paragraph (B) so that the marked-up language reads as such, 100,000 tpy CO2e or more... 

Response: The proposed change to the definition of “Major source” is withdrawn. 

See Response to Comment 18. 

Comment 43: If ADEQ makes changes to language in any of the three regulations, Regulation 

18, 19, or 26, ADEQ should consider whether the equivalent changes should be made to 

Regulations 18, 19, or 26 for consistency. 

Response: ADEQ has made efforts to ensure consistency across all of the regulations as 

changes are made due to comments received. 

No changes to the final rule are necessary due to this comment. 

Prepared by: 

Arkansas Department of 

Environmental Quality 
By: 

Mike ~ates, Chief, Air Division 

Page 28 of 28 

EXHIBIT B 
Biomass Deferral Rule: Regulations 19 and 26 

 - Public Notice Information 

 - Public Hearing Sign-in Sheets 

 - Public Comments and Responsiveness Summaries 
NOTICE OF EMERGENCY AND TRADITIONAL RULEMAKINGS AND 

NOTICE OF PUBLIC HEARINGS AND COMMENT PERIOD 

Notice is hereby given that the Arkansas Pollution Control and Ecology Commission (APC&EC) 

made formal findings on June 22, 2012, that emergency and traditional rulemaking actions are 

necessary regarding Commission Regulation No. 19 (Arkansas Plan of Implementation for Air 

Pollution Control) and Commission Regulation No. 26 (Arkansas Operating Air Permit 

Program). As a result, changes to both regulations have been promulgated on an emergency basis 

for up to 180 days, and permanent rulemaking has been initiated. Additionally, public hearings 

have been scheduled for August 1, 2012, for both proposed regulations changes. Written 

comments on both proposals will be accepted until August 15, 2012. 

The Regulation No. 19 hearing will begin at 2:00 p.m. in the Arkansas Department of 

Environmental Quality (ADEQ) Commission Room, located at the Arkansas Department of 

Environmental Quality headquarters building, 5301 Northshore Drive, North Little Rock, AR, 

72118. The Regulation No. 26 hearing will be held at the same location, beginning immediately 

after the Regulation No. 19 hearing has concluded. In the event of inclement weather or other 

unforeseen circumstances, a decision may be made to postpone the hearings. If the hearings are 

postponed and rescheduled, a new legal notice will be published to announce the details of the 

new hearing date and comment period. 

The changes to Regulation Nos. 19 and 26 are being proposed in response to the United States 

Environmental Protection Agency’s (EPA) Deferral for CO2 Emissions from Bioenergy and 

Other Biogenic Sources Under the Prevention of Significant Deterioration (PSD) and Title V 

Programs (76 FR 43490, July 20, 2011). The Rule defers PSD and Title V permitting 

requirements for biogenic CO2 emissions from bioenergy and other biogenic stationary sources 

until July 21, 2014. An additional change is proposed for Regulation No. 19 to move (without 

revision) the existing “stay” provision from Reg.19.904(G)(6) to the Severability section at 

Reg.19.1006. APC&EC authority to revise Regulation Nos. 19 and 26 is found in Arkansas Code 

Annotated, Section 8-4-301, et seq. 

Amendments to Regulation No. 19 will be submitted to the EPA for inclusion into Arkansas’s 

State Implementation Plan, and amendments to Regulation No. 26 will be submitted to the EPA 

for inclusion into Arkansas’s Title V and Part 70 State Program. 

Copies of the two proposed regulation changes are available for public inspection during normal 

business hours at the Public Outreach and Assistance (POA) Division in the ADEQ’s 

headquarters building in North Little Rock, and in ADEQ information depositories located in 

public libraries at Arkadelphia, Batesville, Blytheville, Camden, Clinton, Crossett, El Dorado, 

Fayetteville, Forrest City, Fort Smith, Harrison, Helena, Hope, Hot Springs, Jonesboro, Little 

Rock, Magnolia, Mena, Monticello, Mountain Home, Pocahontas, Russellville, Searcy, Stuttgart, 

Texarkana, and West Memphis; in campus libraries at the University of Arkansas at Pine Bluff 

and the University of Central Arkansas at Conway; and in the Arkansas State Library, 900 W. 
Capitol, Suite 100, Little Rock. In addition, copies of the draft regulations showing the proposed 

changes, along with related support documents, are available for viewing or downloading on the 

draft regulations page of the ADEQ’s Internet website at www.adeq.state.ar.us. Oral and written 

statements will be accepted at the hearings, but written comments are preferred in the interest of 

accuracy. In addition, written and electronic mail comments will be accepted if received no later 

than 4:30 p.m. August 15, 2012. Written comments should be mailed to Doug Szenher, POA 

Division, Arkansas Department of Environmental Quality, 5301 Northshore Drive, North Little 

Rock, AR 72118. Electronic mail comments should be sent to: reg-comment@adeq.state.ar.us. 

Published June 27 and 28, 2012. 

Teresa Marks, Director, 

Arkansas Department of Environmental Quality 
Arkansas Democrat Qf)azettc 

STATEMENT OF LEGALAD\'ERTISING 

Notice is h€11lby !liv!lll~atth~ 

Arkansas Pollution Control and 

Epology Commi~sion(APC&EG) 

made formal ftndmgs on June 22, 

2012, tliat emergency and traditional fulemaldng actions are necessary regarding Commission 

RegUlation No. 19 (Arkansas Plan 

of lmplemer!!aijon for Air Pollution Control) and Commission 

Regulation No. 26 (Arkansas Operating Air Permit Program). As a result, changes to both regulations have been promulgated on an emergency basis for up 10 180 

days, and p~anent filmmaking 

has basn initiated. Additionally, 

public heartngs have been scheduled for August 1, ;2012, for both 

proposed regulatiQris changes. 

Written comments on both pro· posalS will be accepted until August 15, 2012. 

The Regulation 1>10.19 hearing will begin af2:00 p.m. in th~ Arkansas Department afEnVironmental QualitY (ADEQ) CammissionRoom, located .a1 the 

Arkansas Department of EnVironmental Quality headquarters 

building, (;301 Northshore Drive, 

NorttJ littleRocK, AR, 72118. The 

Regulation No. 26 hearing will be 

hl1Jd atthe same localion, beginning immediately after the Regu- lillion No; 1911ealiilg has con- cluUed, In !heevenf of inclement 

weather or «ther unforeseen circumstanceS,a deciSion may be 

made 10 postPOf1e the hearings. If 

the hearings .are postponed and 

rescheduled, anew legal l10tice 

will be published to announce the 

detailS of the new bearing date 

and pomment peiiod. 

viwnmental ProteCtion AgencY's 

(EPA) Deferral for C02 Emlsslons 

from BioenerllY ani! Other 810-

r 

emissions from bloenergy and 

other biogenic stationary soultes 

until July 21,2014. An eddilionill 

change is proposed fot Regulation No. 19 to move (without reVision) the existing "stay" provision 

from Reg.19.~04(G)(6l to the Severability sectional Reg. 19.1 006. 

APC&EC authority to reVise Regu· 

latlon Nos. 1.9 and 26 is foundln 

Arkansas Codelinnota!ed, Sec~ 

lion 8-4-301, et seq: Amendmen!s10 Regulation No. 

19 will be submitted to the EPA 

for im:lusion into Arkansas's State 

Implemenfation Plan, and 

amendments to RegulatiOn No. 26 

will be submitted to the EPA for 

inclusion into Arkansas's Title V 

and Part 70 Slate PrOgram. Copies of the two proposed 

regUlation changes are available 

for publiC inspection during nor- mal bUSiness hours at lhePublic 

Outreach and Assistance (POA) 

DiVision in the ADEQ's headquarters building in NOIth Little ROCK, 

and In ADEQ Inform!!liort depositories lUceted iii pulJlij; IlbrMas at 

ArkadelPhia, BMesville, 

llfythevfl!e; Clill1d!!n, Cllnlon, 

emasett, EI Dorado, Fayetteville, Forrest Clty, f'ortSmltil, Harrison, 

ies at the University 

at Pme Blurt and, the University of 

CentralArkaasas at Conway; and In the Arkansas State library 900 

W. Capllol, Suite 100, Little Rock. 

In addItIon, copies of the ,draft 

regulatIons showing the proposed Changes, along with related supPOrt documents,are !lvai!-

able for viewing or downloading on the draft regulations page of 

the ADEQ'.s Internet website at 

WW\IV.adeQ,state.ar.us. Oral and 

wntten statements will be ac- cepted at 1IIe hearings, .but written commeojs ru:e Prefened in the 

Interest of accuracy. in addition 

written and electronic mail com: ments.will beaccepled if re- ceived no later than 4:30 p:m. August 15,2012. Written com- ments shOUld be mailed .to Doug Szenber, POA Division, Arkansas 

Department of Environmental 

Quality, 5301 Nortnsnore Drive 

North Little ROCK, AR 72118' 

Electronic mail comments should 

be·sent to' 

reg-commen!@adeq.slate.ar.us . 

Published June 27 and 28 2012, , 

Ter$S6 Marks, ~, 

Arkansas Dilpartmeof af EnYironmellW Quallly 713521911 
Arkansas Democrat ' . Q5azette 

STATEMENT OF LEGAL ADVERTISING 

ADEQ 

5301 NORTH SHORE DR 

NORTH LITTLE ROCK AR 72118 

ATTN: 

DATE 06 / 28 / 12 

ACCT #: L844316 

STATE OF ARKANSAS , COUNTY OF PULASKI, 

Fiscal Office 

INVOICE #: 2757955 

P.O. #: 

ss. 

I, Elizabeth Myers do solemnly swear that I am the 

Legal Billing Clerk of the Arkansas Democrat - Gazette, a daily newspaper printed and published 

in said County, State of Arkansas; that I was so 

related to thlS publication at and during the 

publication of the annexed legal advertisement in 

the matter of: 

notice 

pending in the Court, in said County , and 

at the dates of the several publicatlons of said 

advertisement stated below, and that during said 

p e riods and at said dates, said news~aper was 

print ed and had a bona fide circulatlon in said 

County; that said news~aper had been regularly 

printed and published ln s aid County, and had a 

bona fide circulation therein for the period of 

one month before the date of the first publication 

of said advertisement; and that said advertisement 

was published in the regular daily issues of said 

newspaper as stated below . 

DATE DAY LINAGE RATE 

06 / 27 Wed 171 1 . 25 

06 / 28 Thu 171 1 . 25 

DATE DAY LINAGE RATE 

r· 

\ 

\ 

TOTAL COST ----------------------- Billing Ad # : 71352191 

- 1 

I 

\ 

\ 

.1 

427.50 

REMIT TO: 

ARKANSAS DEMOCRAT-GAZETTE, INC. 

P.O. BOX 2221 

LITTLE ROCK, AR 72203 

BILLING QUESTIONS CALL 378-3812 

AD COPY 
AR 

POLLU I 

SAS D PARTMENT OF 

CONTRO & ECOLOGY 

HEARING/MEETING REGISTRATION 

Name Address 

Please Pl'lntl.eglbly Street City Siale Zip 

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Represented 
BEFORE THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION 

IN THE MATTER OF AMENDMENTS TO 

REGULATION NO. 19, REGULATIONS OF THE 

ARKANSAS PLAN OF IMPLEMENTATION FOR 

AIR POLLUTION CONTROL 

) 

) 

) 

) 

RESPONSIVE SUMMARY FOR 

DOCKET NO. 12-005-R 

REGULATION NO. 19, REGULATIONS OF THE ARKANSAS PLAN OF 

IMPLEMENTATION FOR AIR POLLUTION CONTROL 

Pursuant to Ark. Code Ann. § 8-4-202(d)(4)(C) and Regulation No. 8.815, a responsive 

summary groups public comments into similar categories and explains why the Arkansas 

Pollution Control and Ecology Commission ("Commission") accepts or rejects the rationale for 

each category. 

On June 22, 2012, the Arkansas Department of Environmental Quality ("ADEQ" or 

"Department") filed a Petition to Initiate Rulemaking to Amend Regulation No. 19, Regulations 

of the Arkansas Plan ofImplementation for Air Pollution Control. The Commission's Acting 

Administrative Hearing Officer, Loren Hitchcock, conducted a public hearing on August 1, 

2012, and the public comment period ended August 15,2012. ADEQ received one nonsubstantive comment to improve readability of the Regulation, as is summarized below with the 

Commission's response. 

Comment 1: One commenter suggested that Regulation No. 19.904(G)(2) be renumbered by 

changing "(2)" to "(2)(a)," and changing "(a)" to "(i)," "(b)" to "(ii)," and "(c)" to "(b)." 

Response: ADEQ will make the suggested changes to Regulation No. 19. 

By: 

Prepared by: 

Arkansas Department of 

Environmental Quality 

Mike Bates, Chief, Air Division 

Page 1 of 1 
BEFORE THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION 

IN THE MATTER OF AMENDMENTS TO ) 

REGULATION NO. 26, REGULATIONS OF THE ) DOCKET NO. 12-006-R 

ARKANSAS OPERATING AIR PERMIT PROGRAM) 

RESPONSIVE SUMMARY FOR REGULATION NO. 26, 

REGULATIONS OF THE ARKANSAS OPERATING AIR PERMIT PROGRAM 

Pursuant to Ark. Code Ann. § 8-4-202(d)(4)(C) and Regulation No. 8.815, a responsive 

summary groups public comments into similar categories and explains why the Arkansas 

Pollution Control and Ecology Commission ("Commission") accepts or rejects the rationale for 

each category. 

On June 22, 2012, the Arkansas Department of Environmental Quality ("ADEQ" or 

"Department") filed a Petition to Initiate Rulemaking to Amend Regulation No. 26, Regulations 

of the Arkansas Operating Air Permit Program. The Commission's Acting Administrative 

Hearing Officer, Loren Hitchcock, conducted a public hearing on August 1, 2012, and the public 

comment period ended August 15,2012. ADEQ received no comments regarding proposed 

revisions to Regulation No. 26 during the public comment period. 

Conclusion: 

No written or oral comments were submitted regarding the proposed revisions to 

Regulation No. 26 

By: 

Prepared by: 

Arkansas Department of 

Environmental Quality 

Mike Bates, Chief, Air Division 

Page 1 of 1 
Arkansas’s State Implementation Plan Revision 

 - Public Notice Information 

 - Public Hearing Sign-in Sheets 

 - Affidavit: Public Participation Process 
Arkansas Department of Environmental Quality 

Public Notice 

The Arkansas Department of Environmental Quality (ADEQ) is publishing this Public Notice to provide 

interested persons the opportunity to comment on ADEQ’s proposed State Implementation Plan (SIP) 

revision that will be submitted in response to the U. S. Environmental Protection Agency’s (EPA) 

Prevention of Significant Deterioration (PSD) and Title V Greenhouse Gas (GHG) Tailoring Rule: Final 

Rule (Tailoring Rule) published in the Federal Register (June 3, 2010, 75 FR 31514), which required

states to address GHG emissions in their Title V and PSD permitting programs beginning January 2, 

2011, and in their operating permits for facilities beginning July 1, 2011. 

EPA published the Finding of Substantial Inadequacy and SIP Call on December 13, 2010 (75 FR 

77698), which included Arkansas among states listed as having deficiencies related to GHGs in the SIP. 

At that time, regulations of the Arkansas Pollution Control and Ecology Commission (Commission) did 

not address GHG permitting requirements in the PSD regulations and the State became subject to a 

Federal Implementation Plan (FIP) for GHG-related permitting (75 FR 82246, December 30, 2010), 

which will remain in place until the State submits and EPA approves a SIP revision that addresses GHGs. 

At this time, Arkansas has addressed the Tailoring Rule in the Commission’s regulations governing air 

pollution in Arkansas, Regulation Numbers 9, 19 and 26 and, via this proposed SIP revision, is requesting 

that EPA rescind the FIP and return to the State the authority to permit all PSD sources. ADEQ is also 

requesting that EPA review the decision of proposed partial disapproval of the Arkansas SIP for the 1997 

8-hour ozone and the 1997 and 2006 fine particulate matter national ambient air quality standards at 

110(a)(2) for portions (C), (D)(ii) and (J) (77 FR 6711, February 9, 2012), as program deficiencies related 

to GHGs which were identified in the February 2012, notice have been corrected. 

Arkansas could not incorporate EPA’s Deferral for CO2 Emissions from Bioenergy and Other Biogenic 

Sources under the PSD and Title V Programs (Biomass Deferral) (76 FR 43490, July 20, 2011) during the 

Tailoring Rule rulemaking process because rulemaking had been initiated and the public hearing and 

comment period had already expired before EPA finalized the rule. To include the Biomass Deferral in 

the State regulations, ADEQ submitted an emergency rulemaking petition to the Commission and, 

concurrently, requested initiation of traditional rulemaking to address the Biomass Deferral. The 

Commission approved both emergency rulemaking on the Biomass Deferral and initiation of traditional 

rulemaking on June 22, 2012. Traditional rulemaking for Biomass Deferral included a period for public 

review and comment. Upon the adoption of the traditional Biomass Deferral rulemaking, Arkansas will 

submit to EPA the required documentation for final approval and incorporation into the SIP. ADEQ is 

requesting that EPA consider parallel processing of the Biomass Deferral at this time. 

ADEQ is providing the public with the opportunity to comment on this proposed SIP revision in two 

ways. ADEQ will hold a public hearing on this issue at 2:00 p.m. September 13, 2012. The public hearing 

will be held at ADEQ headquarters located at 5301 Northshore Drive, North Little Rock, Arkansas. Oral 

and written statements will be accepted at the hearing, but written comments are preferred in the interest 

of accuracy. In lieu of commenting at the public hearing, written and electronic mail comments will be 

accepted. To be considered, written and electronic mail comments must be received no later than 4:30 

p.m. on September 27, 2012. Written comments should be mailed to Mike Bates, Air Division, Arkansas 

Department of Environmental Quality, 5301 Northshore Drive, North Little Rock, AR 72118. Electronic 

mail comments should be sent to: bates@adeq.state.ar.us. 

In the event of inclement weather or other unforeseen circumstances, a decision may be made to postpone 

the hearing. If the hearing is postponed and rescheduled, a new legal notice will be published to announce 

the details of the new hearing date and comment period. 
Pending any comments received, Arkansas will submit this SIP revision to the EPA in order to detail how 

Arkansas complies with the Tailoring Rule. 

Copies of Arkansas’s proposed SIP revision are available for public inspection during normal business 

hours at the Public Outreach and Assistance (POA) Division in the ADEQ headquarters building in North 

Little Rock and in ADEQ information depositories located in public libraries at Arkadelphia, Batesville, 

Blytheville, Camden, Clinton, Crossett, El Dorado, Fayetteville, Forrest City, Fort Smith, Harrison, 

Helena, Hope, Hot Springs, Jonesboro, Little Rock, Magnolia, Mena, Monticello, Mountain Home, 

Pocahontas, Russellville, Searcy, Stuttgart, Texarkana, and West Memphis; in campus libraries at the 

University of Arkansas at Pine Bluff and the University of Central Arkansas at Conway; and in the 

Arkansas State Library, 900 W. Capitol, Suite 100, Little Rock, AR. In addition, an electronic copy of the 

Arkansas’s proposed SIP revision is available for viewing or downloading on ADEQ’s Internet web site 

at http://www.adeq.state.ar.us/air/ghg_sip_pn.htm. 

Published August 12, 2012, 

Teresa Marks, Director, 

Arkansas Department of Environmental Quality 


ARKANSAS DEPARTMENT OF 

POLLUTION CONTROL & ECOLOGY 

HEARING/MEETING REGISTRATION 

Name Address 

Please Print Legibly Street City State Zip 

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ACI - 7789 
Affidavit: Public Hearing and Comment Period for Revisions to 

Arkansas's State Implementation Plan (SIP) 

Before me, the undersigned authority, personally appeared Mike Bates, who, being by me duly 

sworn, deposed as follows: 

My name is Mike Bates, I am of sound mind, capable of making this affidavit, and 

personally acquainted with the facts herein stated: 

I am the Division Chief for the Air Division of the Arkansas Department of 

Environmental Quality (ADEQ) in its regular course of business, and I am familiar with 

the public participation process for revisions to Arkansas's SIP. 

I attest that a Public Hearing regarding greenhouse gas and biomass deferral revisions to 

Arkansas's SIP was publicly noticed August 12,2012, and was held at the ADEQ 

Headquarters at 2:00 pm on September 13,2012. No comments were received at the 

Hearing or at any time during the public comment period, which ended September 27, at 

4:30 pm. 

Affiant 

Mike Bates, Air Division Chief 

Arkansas Department of Environmental Quality 

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Notary Public, State of Arkansas County Notary's Printed Name 

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