### STATE OF ARKANSAS
MIKE BEEBE GOVERNOR

Ron Curry, Regional Administrator United States EPA Region VI 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 December 1, 2014

Re: Arkansas State Implementation Plan ("SIP") Revision

Dear Mr. Curry: 

### RECEIVED-· SPDL 

### AIR**PL/\Ni'~IHG** 

### SEE. 

## 14 DEC -8 PH 6: 03

The Arkansas Department of Environmental Quality ("ADEQ") hereby respectfully submits for approval to the United States Environmental Protection Agency ("EPA") revisions to the Arkansas SIP, including the Arkansas Pollution Control and Ecology Commission's ("Commission") Regulation No. 19, Regulations of the Arkansas Plan of Implementation for Air Pollution Control. The Commission adopted changes to Regulation No. 19 on August 22, 2014, in response to the following rules finalized by the EPA:

• "National Ambient Air Quality Standards ["NAAQS"] for Particulate Matter," which finalized revised NAAQS for particulate matter less than 2.5 micrometers in diameter ("PM 2

. 5 ") (71 Fed. Reg. 61144, October 17, 2006);

• "Implementation of the New Source Review ["NSR"] Program for PM 2 

### .s" (73 Fed. Reg. 28321, May 16, 2008);

• "Prevention of Significant Deterioration ["PSD"] for PM 2

. 5

- Increments, Significant Impact Levels and Significant Monitoring Concentration" (75 Fed. Reg. 64864, October 20, 2010). Additionally, EPA finalized new standards for four criteria pollutants:

• March 27, 2008: EPA revised the eight-hour ozone NAAQS from 0.08 parts per million ("ppm") to 0.075 ppm (73 Fed. Reg. 16436, March 27, 2008);

• November 12, 2008: EPA revised the lead NAAQS from a calendar-quarter average of 1.5 micrograms per cubic meter ("J.Lg/m 3 ") to a rolling three-month average of0.15J.Lg/m 3 (73 Fed. Reg. 66964, November 12, 2008);

• June 22, 2010: EPA retained the secondary three-hour NAAQS of 0.5 ppm for sulfur dioxide, and added a one-hour standard of 75 parts per billion ("ppb") (75 Fed. Reg. 35520, June 22, 2010);

STATE CAPITOL, SUITE 25d 9ferTTLE ROCK,AR 72201 TELEPHONE (501) 682-2345 • FAX (501) 682-1382 INTERNET WEB SITE • www.governor.arkansas.gov• February 9, 2010: EPA added for nitrogen dioxide a primary one-hour NAAQS of 100 ppb and retained the primary and secondary annual standards of 53 ppb (75 Fed. Reg. 6474, February 9, 2010).

In order to implement the PSD permitting program in Arkansas and to allow the ADEQ to retain permitting authority for each of the NAAQS under the PSD program, revisions to Regulation No. 19 of the Commission were required. The enclosed SIP submission satisfies requirements for 2006 PM2.s PSD elements outlined by EPA's final rules. Arkansas requests the EPA to review and approve this SIP revision as expeditiously as possible.

The SIP package accompanying this letter consists of one hard copy and one electronic copy (on compact disc), summarized as follows:

2 of3 TAB A: State Implementation Plan Submittal Letter

TAB B: Introduction-2006 National Ambient Air Quality Standards for Particulate Matter in Arkansas Pollution Control and Ecology Commission Regulation No. 19

TAB C: Evidence of State's Adoption ofthe Revised Plan into Regulation No. 19 -Signed Minute Order -Arkansas Register Transmittal Sheet

TAB D: Legal Authority to Adopt and Implement the Plan

TAB E: Regulations with Changes Indicated ("Proposed") Proposed Regulation -As Initiated for Revision September 28, 2012 Proposed Regulation -After Consideration of Public Comments; Final Draft July 15, 2014

TAB F: Regulations with Changes Incorporated ("Final")

TAB G: Procedural Requirements -Regulation Tracking Sheet -Arkansas Register Transmittal Sheet -Arkansas State Library Agency Certification Form

TAB H: Public Participation Regulation Revisions-Public Notice Information and Public Hearing Documentation -Public Comments and Responsive Summary SIP Revisions -Public Notice Information and Public Hearing Documentation -Public Comments and Responsive Summary

TAB I: State Requirements for State Implementation Plan Development.

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

are exact duplicates of the hard-copy documents. Should questions arise, please feel free to contact Mike Bates by phone at (501) 682-0750, or by e-mail at bates@adeq.state.ar.us. Thank you for your consideration of Arkansas's submission.

MB:jb Enclosures

3 of3

# November, 2014

Revisions to the Arkansas State Implementation Plan

2006 National Ambient Air Quality Standards for Fine Particulate Matter (PM 2.5 

# ) & the Prevention of Significant Deterioration (PSD)

# Revisions to the Arkansas State Implementation Plan

Table of Contents
TAB A: State Implementation Plan Submittal Letter

TAB B: Introduction

— 2006 National Ambient Air Quality Standards for

Particulate Matter in Arkansas Pollution Control and Ecology Commission Regulation No. 19

TAB C: Evidence of Ad option of the Revised Plan into Regulation No. 19 -Signed Minute Order -Arkansas Register Transmittal Sheet



### TAB D: Legal Authority to Adopt and Implement the Plan

TAB E: Regulation No. 19 with Changes Indicated (“Proposed”)

-Proposed Regulation: As Initiated for Revision September 28, 2012 -Proposed Regulation: After Consideration of Public Comments



### TAB F: Regulation No. 19 with Changes Incorporated (“Final”)

TAB G: Procedural Requirements -Regulation Tracking Sheet -Arkansas Register Transmittal Sheet -Arkansas State Library Agency Certification Form



### TAB H: Public Participation Regulation Revisions: -Public Notice Information and Public Hearing Documentation -Public Comments and Responsive Summary

SIP Revisions:

-Public Notice Information and Public Hearing Documentation -Public Comments and Responsive Summary



### TAB I : State Requirements for State Implementation Plan Development

# Tab A:

State Implementation Plan
Submittal LetterSTATE OF ARKANSAS
MIKE BE EBE GO V ER NOR

December 1,2014

Ron ClllTY, 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. Cuny:

The Arkansas Department of Environmental Quality ("ADEQ") hereby respectfully submits for approval to the United States Environmental Protection Agency ("EP A") revisions to the Arkansas SIP, including the Arkansas Pollution Control and Ecology Commission's ("Commission") Regulation No. 19, 

### Regulations 

## 0/ the Arkansas Plan of Implementation/or Air Pollution Control. The Commission adopted changes to Regulation No. 19 on August 22, 2014, in response to the following rules finalized by the EPA:

• "National Ambient Air Quality Standards ["NAAQS"] for Particulate Matter," which finalized revised NAAQS for particulate matter less than 2.5 micrometers in diameter ("PM 2

. s ") (71 Fed. Reg. 61144, October 17,2006);

• "Implementation of the New Source Review ["NSR"] Program for PM 2

. s " (73 Fed. Reg. 28321, May 16, 2008);

• "Prevention of Significant Deterioration ["PSD"] for PM 2

. 5

- Increments, Significant Impact Levels and Significant Monitoring Concentration" (75 Fed. Reg. 64864, October 20,2010). Additionally, EPA finalized new standards for four criteria pollutants:

• March 27, 2008: EPA revised the eight-hour ozone NAAQS from 0

. 08 parts per million ("ppm") to 0.075 ppm (73 Fed. Reg

. 16436, March 27,2008);

• November 12, 2008: EPA revised the lead NAAQS from a calendar-quarter average of 1.5 micrograms per cubic meter**("~g/m3,,)** to a rolling three-month average**ofO 15~g/m3**  (73 Fed. Reg

. 66964, November 12,2008);

• June 22, 2010: EPA retained the secondary three-hour NAAQS of 0.5 ppm for sulfur dioxide, and added a one-hour standard of 75 parts per billion ("ppb") (75 Fed. Reg. 35520, June 22, 2010);

STATE CAP IT OL, SUiTE 2 5d Q f r1TTLE ROC K , A R 72 2 01 TELEPHONE ( 5 01 ) 682- 2 34 5 • F , '\X (501) 682-138 2 INTERNET WEB SITE • W\vw.governo r .arka n sas

. gov• February 9 , 2010 : EPA added for nitrogen dioxide a primary one-hour NAAQS of 100 ppb and retained the primary and secondary annual standards of 53 ppb (75 Fed. Reg. 6474 , February 9 , 2010)

.
In order to implement the PSD permitting program in Arkansas and to allow the ADEQ to retain permitting authority for each of the NAAQS under the PSD program, revisions to Regulation No

. 19 of the Commission were required. The enclosed SIP submission satisfies requirements for 2006 PM 2

. 5 PSD elements outlined by EPA's final rules. Arkansas requests the EP A to review and approve this SIP revision as expeditiously as possible.

The SIP package accompanying this letter consists of one hard copy and one electronic copy (on compact disc), summarized as follows:

20f3 TAB A: State Implementation Plan Submittal Letter

TAB B: Introduction-2006 National Ambient Air Quality Standards for Particulate Matter in Arkansas Pollution Control and Ecology Commission Regulation No. 19

TAB C: Evidence of State ' s Adoption of the Revised Plan into Regulation No. 19

- Signed Minute Order -Arkansas Register Transmittal Sheet

TAB D: Legal Authority to Adopt and Implement the Plan

TAB E : Regulations with Changes Indicated ("Proposed") Proposed Regulation -As Initiated for Revision September 28,2012 Proposed Regulation

. -After

_ Consideration of Public Comments; Final Draft July 15, 2014

TAB F: Regulations with Changes Incorporated ( " Final")

TAB G: Procedural Requirements -Regulation Tracking Sheet -Arkansas Register Transmittal Sheet -Arkansas State Library Agency Certification Form

TAB H: Public Participation Regulation Revisions-Public Notice Information and Public Hearing Documentation -Public Comments and Responsive Summary SIP Revisions -Public Notice Information and Public Hearing Documentation -Public Comments and Responsive Summary

TAB I : State Requirements for State Implementation Plan Development.

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

are exact duplicates of the hard-copy documents. Should questions arise, please feel free to contact Mike Bates by phone at (501) 682-0750 , or bye-mail at bates@adeq

. state

. ar.us. Thank you for your consideration of Arkansas's submission.

MB:jb Enclosures

30f3

# Tab B:

Introduction

— 2006 National Ambient Air Quality Standards for Particulate Matter in Arkansas Pollution Control and Ecology Commission Regulation No. 191 of 3 

### Arkansas State Implementation Plan (“SIP”) Revision

Introduction

On October 17, 2006, the U.S. Environmental Protection Agency (“EPA”) published a final rule in the Federal Register (71 Fed. Reg. 61144) promulgating revised National Ambient Air Quality Standards (“NAAQS”) for particulate matter less than 2.5 micrometers in diameter (“PM 2.5 

### ”)

. On May 16, 2008, EPA published a final rule (73 Fed. Reg. 28321), promulgating 2006 PM 2.5 

### NAAQS Pre vention of Significant Deterioration (“ PSD ”) regulations consistent with the requirements under Section 116(a) of the Clean Air Act (“CAA”). On October 20, 2010, EPA published a final rule (75 Fed. Reg. 64864) for PM 2.5 

### increments, which further affected regulation of the pollutant under PSD permitting programs. Additionally, EPA revised the NAAQS for four pollutants:

 March 27, 2008: EPA revised the 8-hour ozone NAAQS from 0.08 parts per million (ppm) to 0.075 ppm (73 Fed. Reg. 16436, Mar 27, 2008)

 November 12, 2008: EPA revised the lead NAAQS from a calendar quarter average of 1.5 mic rograms per cubic meter (μg/m 3 

### ) to a rolling three-month average of 0.15μg/m 3 

### (73 Fed. Reg. 66964, Nov 12, 2008)

 February 9, 2010: EPA added for nitrogen dioxide a primary 1-hour NAAQS of 100 parts per billion (“ppb”) and retained the primary and secondary annual standards of 53 ppb (75 Fed. Reg. 6474, Feb 9, 2010)

 June 22, 2010: EPA retained the secondary 3-hour NAAQS of 0.5 ppm for sulfur dioxide, and added a 1-hour standard of 75 ppb (75 Fed. Reg. 35520, Jun 22, 2010)

In order to im

plement the PSD permitting program in Arkansas and to allow the Arkansas Departmentof Environmental Quality (“ADEQ,” or “Department”) to retain permitting authority for each of the NAAQS under the PSD program, revisions to Regulation No. 19 of the Arkansas Pollution Control & Ecology Commission (“Commission,” or “APC&EC”) were required. APC&EC Regulation No. 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 both major and minor sources, and

is federally enforceable.
Approved Arkansas SIP components included in this Revision APC&EC Regulation No. 19

 Chapter 2

– Definitions

 Chapter 5 – General Emissions Limitations Applicable to Equipment

o Reg. 19.502, “General Regulations”2 of 3 

###  Chapter 9

– Prevention of Significant Deterioration

o Reg. 19.903, “Definitions”

o Reg. 19.904, “Adoption of Regulations”

 Appendix B – National Ambient Air Quality Standards List The Department filed APC&EC Regulation No. 19 with the Commission to initiate rulemaking on September 28, 2012. Stakeholder meetings occurred on July 23, 2012, December 19, 2012, October 18, 20 13, January 29, 2014, and February 6, 2014. The public hearing for APC&EC Regulation No. 19 was held on November 13, 2012, and the 30-day public comment period was extended to Decem

ber 19, 2012. ADEQ worked closely with EPA and stakeholders to produce the most equit able solutions to public concerns after consideration of public comments. ADEQ then finalized a responsive summary addressing all comments received, and prepared final revisions to Regulation No. 19. ADEQ presented the regulation to the Legislative Joint Public Health and Wel fare Committee, the Legislative Administrative Rules and Regulations Committee, and the Legislative Council on July 25, 2014, August 6, 2014, and August 8, 2014

. After these committees reviewed the proposed revisions to the regulation, the Department submitted and filed the revised and final regulations with the Commission on August 8, 2014, for final adoption . The Commission adopted revisions to APC&EC Regulation No. 19 on August 22 , 201 4. Following the Commission’s approval, the regulation was filed with the Arkansas Secr etary of State, and revisions outlined herein are fully effective as of September 13, 2014. ADEQ p repared revisions to the SIP and on September 15, 2014, published notice of SIP draft availabil ity and of a SIP public hearing scheduled for October 15, 2014. The public comment period for SIP revisi ons ended on October 29, 2014, and the Department received no comments warranting revisions to the existing SIP proposal.

Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control The changes to APC&EC Regulation No. 19 were made in response to EPA’s final rules, “[2006] National Ambient Air Quality Standards for Particulate Matter,” “Implementation of the New Source Review Program PM 2.5 

### ,” and “PSD for PM 2.5 

### - Increments, Significant Impact Levels and Significant Monitoring Concentration,” and in response to revised NAAQS promulgatedby EPA on March 27, and November 12, 2008, and on February 9, and June 22, 2010. The regulatory amendments related to the SIP involve the following:

 Revision of the existing definitions of “Particulate Matter Emissions,” “PM 2.5, 

### ”“PM 10 

### emissions,” and “National Ambient Air Quality Standards,” and addition of a definition for “PM 2.5 

### emissions” under Chapter 2;3 of 3 

###  Deletion of “which are in effect as of the effective date of this regulation” and clarification of applicability by addition of a reference to Chapter 9 at Reg.19.502;

 Added another item to Reg. No. 19.502(B) “Any ambient air increment pursuant to Chapter 9 of this regulation;” and previous items (B) and (C), became (C) and (D);

 Revision of the definition of “Regulated NSR Pollutant” at Reg.19.903(B) and addition of a definition for “subject to regulation” at Reg. 19.903(C);

 Updating incorporation by reference dates for:

o 40 CFR §§ 52.21(b)(14)(i), 52.21(b)(14)(ii), 52.21(b)(15), 52.21(c), 52.21 (k)(1), and 52.21 (p) at Reg.19.904(A) and for 40 CFR § 51.301 at Reg.19.903(D) to Octob er 20, 2010, which include necessary elements of the PSD program, and

o 40 CFR § 52.21(b)(23), 40 CFR 52.21(i)(5)(ii), and 40 CFR 52.21(i)(5)(iii) at Reg.19.904(A) to May 16, 2008, which include EPA’s required significant emission rates for PM 2.5 

### ;

 Incorporation by reference of 40 CFR 52.21(b)(14)(iii) as of October 20, 2010, and of 40 CFR 52.21(i)(5)(ii) and 40 CFR 52.21(i)(5)(iii) as of May 16, 2008 at Reg.19.904(A), which include provisions necessary to administer the PSD permitting program; and

 Addition of Appendix B, the National Ambient Air Quality Standards List. Making these changes will maintain consistency between federal air pollution control programs and the Commission’s regulations governing air pollution in Arkansas. The changes to APC&EC Regulation No.19 are consistent with and allowable under federal programs. The proposed changes are protective of air quality in the State and will not negatively affect attainment goals. Sources affected by this program revision are found throughout the State. These revisions ensure ADEQ’s ability to protect the NAAQS, P SD increments, Reasonable Further Progress demonstrations, and visibility goals. No substantive revisions have been made to the emission limitations, work practice standards or recordkeeping/reporting requirements portions of this program at this time.
Furtherm ore, the ADEQ’s existing compliance and enforcement strategies will remain in place.

# Tab C: Evidence of Adoption of the Revised Plan into Regulation No. 19

-Signed Minute Order -Arkansas Register Transmittal Sheet

### ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION

MINUTE ORDER NO. 

## 14-a<6 SUBJECT: Adoption of Revisions to Regulation 19, Regulations of the Arkansas Plan of Implementation for Air Pollution Control

DOCKET NO. 12

- 010 - R

PAGE 1 OF 1

Pursuant to public notice and hearing, and in consideration of comments received, the Arkansas Pollution Control and Ecology Commission hereby adopts changes to Regulation No. 19, Regulations of the Arkansas Plan of Implementation for Air Pollution Control.

PROMULGATED THIS 22 nd DAY OF AUGUST, 2014, BY ORDER OF THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION.

BY:

ATTEST:

# ~~/L{~L aIr

Teresa Marks, Director**--H-I-I--r",,=,~--** M. Armstrong 

### J. Bates**-""-T~~~-- ~rr-''--~_'----**  L. Bengal 

### J. Chamberlin**-~~----** 

### J. Fox**----""""'-'---=-~--** --+-''-k£..;;...>...L.--\--- M. Goggans D. Hendrix 

## ----.........,.;-:---- 

# __**~O~~~**

# _______ A.Henry 

# 7------ R. Moss**~plJ7:----** 

### J. Simpson ---r;-r.;----- 

### W. Thompson 

### (V. Chair)

### ---~~-~- . White 

# 'liZ:.. R. Young



### SUBMITTED BY: Mike Bates PASSED: 

### 8/22/14 

# w. Thompson, Chairman

# ARKANSAS REGISTER
Transmittal Sheet * Use only for FINAL and EMERGENCY RULES

For Office Use Only: Secretary of State 

### Mark Martin State Capitol. Suite 

### 026 Little Rock. Arkansas 

### 72201-1094 (501) 682-3527 

### www.sos.arkansas.gov

Effective Date

__________ Code Number

Name of Agency 

### Arkansas Pollution Control 

### & Ecology Commission
Department 

### Arkansas Department of Environmental Quality bates@adeq.state.ar.us Contact 

### Mike Bates E-mail Phone 

### (501) 682-0750 and 8-4-311. Statutory Authority for Promulgating Rules 

### Ark. Code Ann. § § 

### 8

- 4

- 2 01, 8

- 4

- 2 0 2 , 8 - 4

- 3 04 , Regulation No. 19, Regulations of the Arkansas plan of, Implementation Rule Title: for Air Pollution Control; Docket No. 12 -010-R. MO 14 -28

Intended Effective Date Date (Check One) 

### D Emergency (ACA 

### 25-15-204) Legal Notice Published 

### 10/03/12 

### D 30 Days After Filing (ACA 

### 25-15-204) Final Date for Public Comment 

### 12/19/12
[!] Other 

### 10 dals after filing Reviewed by Legislatice Council 

### 08/16/14 (Must be more than 30 days after Oling date.) Adopted by State Agency 

### 08/22/14

Electronic Copy of Rule submitted under ACA 

### 25-15-218 by:



### Mike Bates bates@adeq.state.ar.us
Contact Person E·mall Address 

### 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**~5-1~;201** et.**~.)**

## ~~;. Signature \ I 

### :< (501) 682-7890**moulton@adeq.state.ar.~s**

Phone'Number E-mail Address 

### Administrative Law Judge Title 

### 09/03/14 Date
Revised 8/2011 to rell.CI new legislation passed In 2011,

# Tab D:

Legal Authority to Adopt and Implement the Plan1 of 10 

### 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 (Ark. Code Ann.) §§ 8-1-203(b)(1), 8-4-311(a)(1), 8- 4 -317

.2 of 10 

### A rk

. Code A nn . § 8-1-203

8 -1 -203. Powers and responsibilities of the Arkansas Pollution Control and Ecology Commissio n.
(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 rulemaki ng 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) Inthe 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;3 of 10



### (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 applicable4 of 10



### 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, § 1.5 of 10 

### Ark. Code Ann. § 8-4-311

8 -4 -311. Powers generally.
(a) The Arkansas Department of Environmental Quality or its successor shall have the power to:
(1) Develop and effectuate a comprehensive program for the prevention and control of all sources of pollution of the air of this state;
(2) Advise, consult, and cooperate with other agencies of the state, political subdivisions, industries, other states, the federal government, and with affected groups in the furtherance of the purposes of this chapter;
(3) Encourage and conduct studies, investigations, and research relating to air pollution and its causes, prevention, control, and abatement as it may deem advisable and necessary;
(4) Collect and disseminate information relative to air pollution and its prevention and control;
(5) Consider complaints and make investigations;
(6) Encourage voluntary cooperation by the people, municipalities, counties, industries, and others in preserving and restoring the purity of the air within the state;
(7) Administer and enforce all laws and regulations relating to pollution of the air;
(8) Represent the state in all matters pertaining to plans, procedures, or negotiations for interstate compacts in relation to air pollution control;
(9) (A) Cooperate with and receive moneys from the federal government or any other source for the study and control of air pollution.
(B) The department is designated as the official state air pollution control agency for such purposes; (10) Make, issue, modify, revoke, and enforce orders prohibiting, controlling, or abating air pollution and requiring the adoption of remedial measures to prevent, control, or abate air pollution;
(11) Institute court proceedings to compel compliance with the provisions of this chapter and rules, regulations, and orders issued pursuant to this chapter;
(12) Exercise all of the powers in the control of air pollution granted to the department for the control of water pollution under §§ 8-4-101

-- 8 -4 -106 and 8-4-201

-- 8-4-229; and
(13) Develop and implement state implementation plans provided that the commission shall retain all powers and duties regarding promulgation of rules and regulations under this chapter.6 of 10



### (b) The Arkansas Pollution Control and Ecology Commission shall have the power to:
(1) (A) Promulgate rules and regulations for implementing the substantive statutes charged to the department 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 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 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 that 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) Promulgate rules, regulations, and procedures not otherwise governed by applicable lawthat the commission deems necessary to secure public participation in environmental decisionmaking processes;
(3) Promulgate rules and regulations governing administrative procedures for challenging or contesting department actions;
(4) In the case of permitting or grants decisions, provide 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, provided, however, that the director shall always remain within the plenary authority of the Governor;
(8) Upon a majority vote, initiate review of any director's decision;7 of 10



### (9) Adopt, after notice and public hearing, reasonable and nondiscriminatory rules and regulations requiring the registration of and the filing of reports by persons engaged in operations that may result in air pollution;
(10) (A) Adopt, after notice and public hearing, reasonable and nondiscriminatory rules and regulations, including requiring a permit or other regulatory authorization from the department, before any equipment causing the issuance of air contaminants may be built, erected, altered, replaced, used, or operated, except in the case of repairs or maintenance of equipment for which a permithas been previously used, and revoke or modify any permit issued under this chapter or deny any permit when it is necessary, in the opinion of the department, to prevent, control, or abate air pollution.
(B) A permit shall be issued for the operation or use of any equipment or any facility in existence upon the effective date of any rule or regulation requiring a permit if proper application is made for the permit.
(C) No such permit shall be modified or revoked without prior notice and hearing as provided in this section.
(D) Any person that is denied a permit by the department or that has such permit revoked or modified shall be afforded an opportunity for a hearing in connection therewith upon written application made within thirty (30) days after service of notice of such denial, revocation, or modification.
(E) The operation of any existing equipment or facility for which a proper permit application has been made shall not be interrupted pending final action thereon.
(F) (i) An applicant or permit holder that has had a complete application for a permit or for a modification of a permit pending longer than the time specified in the state regulations promulgated pursuant to Title V of the Clean Air Act Amendments of 1990, or any person that participated in the public participation process, and any other person that could obtain judicial review of such actions under state laws, may petition the commission for relief from department inaction.
(ii) The commission will either deny or grant the petition within forty-five (45) days of its submittal.
(iii) For the purposes of judicial review, either a commission denial or the failure of the department to render a final decision within thirty (30) days after the commission has granted a petition shall constitute final agency action;
(11) (A) Establish through its rulemaking authority, either alone or in conjunction with the appropriate state or local agencies, a system for the banking and trading of air emissions designed to maintain both the state's attainment status with the national ambient air quality standards mandated by the Clean Air Act and the overall air quality of the state.8 of 10



### (B) The commission may consider differential valuation of emission credits as necessary to achieve prim ary and secondary national ambient air quality standards, and may consider establishing credits for air pollutants other than those designated as criteria air pollutants by th e United States Environmental Protection Agency.
(C) Any regulation proposed pursuant to this authorization shall be reported to the House Interim Committee on Public Health, Welfare, and Labor and the Senate Interim Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof prior to its final promulgation; and
(12) In the case of a state implementation plan, provide the right to appeal a final decision rendered by the Director of the Arkansas Department of Environmental Quality or his or her delegate under § 8-4-317.

HISTORY: Acts 1949, No. 472, [Part 2], § 5, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1935; Acts 1993, No. 994, § 1; 1995, No. 895, § 4; 1997, No. 179, § 1; 1997, No. 1219, § 6; 1999, No. 1164, § 31; 2013, No. 1302, §§ 2, 3.9 of 10 

### A rk

. Code A nn . § 8-4-317

8 -4 -317. State implementation plans generally.
(a) In developing and implementing a state implementation plan, the Arkansas Department of Environmental Quality shall consider and take into account the factors specified in § 8-4-312 and the Clean Air Act, 42 U.S.C. § 7401 et seq., as applicable.
(b) (1) (A) Whenever the department proposes to finalize a state implementation plan submittal for review and approval by the United States Environmental Protection Agency, it shall cause notice of its proposed action to be published in a newspaper of general circulation in the state.
(B) The notice required under subdivision (b)(1)(A) of this section shall afford any interested party at least thirty (30) calendar days in which to submit comments on the proposed state implementation plan submittal in its entirety.
(C) (i) In the case of any emission limit, work practice or operational standard, environmental standard, analytical method, air dispersion modeling requirement, or monitoring requirement that is incorporated as an element of the proposed state implementation plan submittal, the record of the proposed action shall include a written explanation of the rationale for the proposal, demonstrating the reasoned consideration of the factors in § 8-4-312 as applicable, the need for each measure in attaining or maintaining the National Ambient Air Quality Standards, and that any requirements or standards are based upon generally accepted scientific knowledge and engineering practices.
(ii) For any standard or requirement that is identical to an applicable federal regulation, the demonstration required under subdivision (b)(1)(C)(i) of this section may be satisfied by reference to the regulation. In all other cases, the department shall provide its own justification with appropriate reference to the scientific and engineering literature considered or the written studies conducted by the department.
(2) (A) At the conclusion of the public comment period and before transmittal to the Governor for submittal to the United States Environmental Protection Agency, the department shall provide written notice of its final decision regarding the state implementation plan submittal to al l persons who submitted public comments.
(B) (i) The department's final decision shall include a response to each issue raised in any public comments received during the public comment period. The response shall manifest reasoned consideration of the issues raised by the public comments and shall be supported by appropriate legal, scientific, or practical reasons for accepting or rejecting the substance of the10 of 10



### comment in the department's final decision.
(ii) For the purposes of this section, response to comments by the department should serve the roles of both developing the record for possible judicial review of a state implementation plan decision and serving as a record for the public's review of the department's technical and legal interpretations on long-range regulatory issues.
(iii) This section does not limit the department's authority to raise all relevant issues of regulatory concern upon adjudicatory review by the Arkansas Pollution Control and Ecology Commission of a particular state implementation plan decision.
(c) (1) Only those persons that submit comments on the record during the public comment period have standing to appeal the final decision of the department to the commission upon written application made within thirty (30) days after service of the notice under subdivision (b)(2)(A) of this section.
(2) An appeal under subdivision (c)(1) of this section shall be processed as a permit appeal under § 8-4-205. However, the decision of the Director of the Arkansas Department of Environmenta l Quality shall remain in effect during the appeal.

HISTORY: Acts 2013, No. 1302, § 4.

# Tab E:

Regulation No. 19 with Changes Indicated (“Proposed”)

-Proposed Regulation: As Initiated for Revision September 28, 2012 -Proposed Regulation: After Consideration of Public Comments ; Final Draft July 15, 2014

### 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 Commen t.
Originally proposed deletion of language, this part added or retained after Public Comment.

# Proposed Regulation No. 19:

-As Initiated for Revision September 28, 2012EXHIBIT A 

### 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 September 14, 2012

### i 

### TABLE OF CONTENTS

CHAPTER 1: TITLE, INTENT, AND PURPOSE .................................................................... 1-1 R eg. 19.101 Title............................................................................................................. 1-1 Re g. 19.102 Applicability ............................................................................................... 1-1 Re g. 19.103 Intent and Construction .............................................................................. 1-1 Re g. 19.104 Severability ................................................................................................. 1-2 C HAPTER 2: DEFINITIONS .................................................................................................... 2-1 C HAPTER 3: PROTECTION OF THE NATIONAL AMBIENT AIR QUALITY

STANDARDS...................................................................................................... 3-1 R eg. 19.301 Purpose ....................................................................................................... 3-1 R eg. 19.302 Department Responsibilities ....................................................................... 3-1 R eg. 19.303 Regulated Sources Responsibilities ............................................................ 3-1 Re g. 19.304 Delegated Federal Programs....................................................................... 3-2 C HAPTER 4: MINOR SOURCE REVIEW................................................................................ 4-1 Re g. 19.401 General Applicability ................................................................................. 4-1 Re g. 19.402 Approval Criteria ........................................................................................ 4-1 Re g. 19.403 Owner/Operator's Responsibilities ............................................................. 4-2 Re g. 19.404 Required Information ................................................................................. 4-2 Re g. 19.405 Action on Application ................................................................................ 4-2 Re g. 19.406 Public Participation .................................................................................... 4-4 Re g. 19.407 Permit Amendments ................................................................................... 4-6 Re g. 19.408 Exemption from Permitting ...................................................................... 4-10 R eg. 19.409 Transition .................................................................................................. 4-10 R eg. 19.410 Permit Revocation and Cancellation ........................................................ 4-10 Re g. 19.411 General Permits ........................................................................................ 4-11 Re g. 19.412 Dispersion Modeling ................................................................................ 4-12 Re g. 19.413 Confidentiality .......................................................................................... 4-12 Re g. 19.414 Operational Flexibility-Applicant's Duty to Apply for Alternative

Scenarios ............................................................................................ 4-14 Re g. 19.415 Changes Resulting in No Emissions Increases ......................................... 4-14 R eg. 19.416 Permit Flexibility ...................................................................................... 4-15 Re g. 19.417 Registration............................................................................................... 4-17

### ii

CHAPTER 5: GENERAL EMISSIONS LIMITATIONS APPLICABLE TO EQUIPMENT ... 5-1 R eg. 19.501 Purpose ....................................................................................................... 5-1 R eg. 19.502 General Regulations ................................................................................... 5-1 Re g. 19.503 Visible Emission Regulations..................................................................... 5-1 R eg. 19.504 Stack Height/Dispersion Regulations ......................................................... 5-2 Re g. 19.505 Revised Emissions Limitation .................................................................... 5-2 C HAPTER 6: UPSET AND EMERGENCY CONDITIO NS

................................ .................... 6-1 Re g. 19.601 Upset Conditions ........................................................................................ 6-1 Re g. 19.602 Emergency Conditions ............................................................................... 6-2 CHA PTER 7: SAMPLING, MONITORING, AND REPORTING REQUIREMENTS ........... 7-1 R eg. 19.701 Purpose ....................................................................................................... 7-1 R eg. 19.702 Air Emissions Sampling ............................................................................. 7-1 Re g. 19.703 Continuous Emissions Monitoring ............................................................. 7-2 Re g. 19.704 Notice of Completion ................................................................................. 7-3 Re g. 19.705 Record Keeping and Reporting Requirements ........................................... 7-3 R eg. 19.706 Public Availability of Emissions Data ....................................................... 7-4 CHA PTER 8: 111(D) DESIGNATED FACILITIES ................................................................. 8-1 R eg. 19.801 Purpose ....................................................................................................... 8-1 R eg. 19.802 Permit Emissions Limitations..................................................................... 8-1 R eg. 19.803 Sulfuric Acid Plants (H 2 

### SO 4 

### Mist) ............................................................. 8-1 Re g. 19.804 Kraft Pulp Mills (TRS)

................................ ................................ ............... 8

- 1 CHAPTER 9: PREVENTION OF SIGNIFICANT DETERIORATION ................................... 9-1 R eg. 19.901 Title............................................................................................................. 9-1 Re g. 19.902 Purposes ...................................................................................................... 9-1 R eg. 19.903 Definitions .................................................................................................. 9-1 R eg. 19.904 Adoption of Regulations............................................................................. 9-3 CHA PTER 10: REGULATIONS FOR THE CONTROL OF VOLATILE ORGANIC

COMPOUNDS IN PULASKI COUNTY .......................................................... 10-1 Re g. 19.1001 Title......................................................................................................... 10-1 R eg. 19.1002 Purpose ................................................................................................... 10-1 R eg. 19.1003 Definitions .............................................................................................. 10-1 Re g. 19.1004 General Provisions.................................................................................. 10-5 Re g. 19.1005 Provisions for Specific Processes ......................................................... 10-12 Re g. 19.1006 Severability ........................................................................................... 10-18

### iii

CHAPTER 11: MAJOR SOURCE PERMITTING PROCEDURES ....................................... 11-1 C HAPTER 12: [RESERVED] .................................................................................................. 12-1 C HAPTER 13: STAGE I VAPOR RECOVERY ..................................................................... 13-1 R eg. 19.1301 Purpose ................................................................................................... 13-1 R eg. 19.1302 Applicability ........................................................................................... 13-1 Re g. 19.1303 Definitions .............................................................................................. 13-1 Re g. 19.1304 Exemptions ............................................................................................. 13-4 Re g. 19.1305 Prohibited Activities ............................................................................... 13-4 Re g. 19.1306 Record Keeping ...................................................................................... 13-5 Re g. 19.1307 Inspections .............................................................................................. 13-5 Re g. 19.1308 Vapor Recovery Systems ....................................................................... 13-6 R eg. 19.1309 Gasoline Delivery Vessels ...................................................................... 13-6 R eg. 19.1310 Owner/Operator Responsibility .............................................................. 13-7 Re g. 19.1311 Test Methods .......................................................................................... 13-7 Re g. 19.1312 Effective Date ......................................................................................... 13-8 CHA PTER 14: CAIR NO X

### OZONE SEASON TRADING PROGRAM GENERAL

PROVISIONS .................................................................................................... 14-1 R eg. 19.1401 Adoption of Regulations......................................................................... 14-1 R eg. 19.1402 State Trading Budget .............................................................................. 14-1 Re g. 19.1403 Timing Requirements for CAIR NO x

### Ozone Season Allowance

Allocations ......................................................................................... 14-1 Re g. 19.1404 CAIR NO x 

### Ozone Season Allowance Allocations ................................. 14-2 C HAPTER 15: REGIONAL HAZE ......................................................................................... 15-1 Re g. 19.1501 Purpose ................................................................................................... 15-1 R eg. 19.1502 Definitions .............................................................................................. 15-1 Re g. 19.1503 BART Eligible Sources .......................................................................... 15-1 R eg. 19.1504 Facilities Subject- to -BART .................................................................... 15-3 R eg. 19.1505 BART Requirements .............................................................................. 15-3 Re g. 19.1506 Compliance Provisions ........................................................................... 15-6 Re g. 19.1507 Permit Reopening ................................................................................... 15-7 CHA PTER 16: EFFECTIVE DATE ........................................................................................ 16-1 Re g. 19.1601 Effective Date ......................................................................................... 16-1 APPEND IX A: INSIGNIFICANT ACTIVITIES LI ST ............................................................ A-1 APPENDIX B: NATIONAL AMBIENT AIR QUALITY STANDARDS LIST .......................B-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.

“CO 2 

### equivalent emissions” (CO 2 

### e) 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 sS ubpart A of 40 CFRC.F.R. 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 CO 2 

### equivalent emissions.

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

“Construction” means fabrication, erection, or installation of equipment. See also 40 CFRC.F.R. § 60.2, 40 CFRC.F.R. § 51.165, and 40 CFRC.F.R. § 52.21.

“Control apparatus” means any device which prevents, controls, detects , or records the emission of any federally regulated air pollutants.

“Department” means the Arkansas Department of Environmental Quality, or its successor. When reference is made in this regulation to actions taken by or with reference to the Department, the reference is to the staff of the Department acting at the direction of the Director.

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

### 2

- 2

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;
(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;

### 2

- 3

(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 CO 2 

### e 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 hexafluorid e.

“Hazardous Air Pollutant” or “HAP” means any air pollutant listed pursuant to § 112 of the Clean Air Act, as amended, 42 U.S.C. § § 7401, et seq ., as of the effective date of this regulation.

“Modification” means any physical change in, or change in the method of operation of, a stationary source which increases the emission rate of any federally regulated air pollutant over permitted rates or which results in the emission of a federally regulated air pollutant not previously emitted, except that:

(A) Routine maintenance, repair, and replacement shall not be considered a physical change, and
(B) The following shall not be considered a change in the method of operation:

### 2

- 4

(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 n ot be considered.
“National Ambient Air Quality Standard” or “NAAQS,” mean those ambient air quality standards promulgated by the EPA in 40 CFRC.F.R. Part 50 as of July 27, 2012

.
“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” or “PM” means any airborne finely divided solid or liquid material with an aerodynamic diameter equal to or less than 100 micrometers.

“Particulate matter emissions” means all particulate matter, other than uncombined water, emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternate method, specified in 40 CFR C.F.R. Part 60 Appendix A or by a test method specified in these regulations or any supplement thereto

. , with the exception of condensable particulate
matter.

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

### 2

- 5

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

“ PM 2. 5 

### ” means particulate matter with an aerodynamic diameter less than or equal to a nominal two and one-half (2.5) micrometers as measured by a reference method based on Appendix L of 40 C.F.R Part 50 as of July 27, 2012, or by an approved regional method designated in accordance with Appendix C of 40 C.F.R. Part 53

.

“ PM 2.5 

### emissions” means PM 2.5 

### emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method, specified in 40 C.F.R. Part 51, Appendix M as of December 8, 1984, or by a test method specified in these regulations or any supplement thereto

.

“PM 10 

### ” 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 CFRC.F.R. Part 50, as of July 27, 2012, or by an equivalent method designated in accordance with 40 CFRC.F.R. Part 53 as of December 8, 1984.

“PM 10 

### emissions” means PM 10 

### emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method, specified in 40 CFRC.F.R. 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:

### 2

- 6

(A) For a corporation: a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative or such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:

(1 ) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 United States dollars); or
(2 ) The delegation of authority to such representative is approved in advance by the Department;
(B ) For partnership or sole proprietorship: a general partner or the proprietor, respectively;
(C ) For a municipality, State, Federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this regulation, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or
(D) For acid rain sources:
(1) The designated representative insofar as actions, standards, requirements,

or prohibitions under Title IV of the Act or the regulations promulgated thereunder are concerned; and

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

### 2

- 7

“Start

- up” means the setting in operation of equipment.

“Stationary source” means any building, structure, facility, or installation which emits or may emit any federally regulated air pollutant.

“Title I modification” means any modification as defined under any regulation promulgated pursuant to Title I of the federal Clean Air Act. De minimis changes under Regulation 19, changes to state only permit requirements, administrative permit amendments, and changes to the insignificant activities list are not Title I modifications.
“Volatile organic compounds” or “ VOC” means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions.
(A) This includes any such organic compound other than the following, which have been determined to have negligible photochemical reactivity:
acetone; methane; ethane; methylene chloride (dichloromethane); 1,1,1 - trichloroethane (methyl chloroform); tetrachloroethylene (perchloroethylene); 1,1,2 -trichloro-1,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC-11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); trifluoromethane (HFC-23); 1,2 -dichloro 1,1, 2, 2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); 1,1,1 -trifluoro 2,2-dichloroethane (HCFC-123); 1,1,1,2 -tetrafluoroethane (HFC-134a); 1,1 -dichloro 1-fluoroethane (HCFC-141b); 1 -chloro 1,1-difluoroethane (HCFC-142b); 2 -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);

### 2

- 8 cyclic, branched, or linear completely methylated siloxanes; 3,3 -dichloro -1,1,1,2,2-pentafluoropropane (HCFC-225ca ); 1,3 -dichloro -1,1,2,2,3-pentafluoropropane (HCFC-225cb); 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee); difluoromethane (HFC-32); ethylfluoride (HFC-161); 1,1,1,3,3,3 -hexafluoropropane (HFC-236fa); 1,1,2,2,3 -pentafluoropropane (HFC-245ca); 1,1,2,3 ,3 -pentafluoropropane (HFC 245ea); 1,1,1,2,3 -pentafluoropropane (HFC-245eb); 1,1,1,3,3 -pentafluoropropane (HFC-245fa); 1,1,1,2,3,3 -hexafluoropropane (HFC-236ea); 1,1,1,3,3 -pentafluorobutane (HFC-365mfc); chlorofluoromethane (HCFC-31); 1 chloro-1 -fluoroethane (HCFC-151a); 1,2 -dichloro -1,1,2-trifluoroethane (HCFC-123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C 4 

### F 9 

### OCH 3 

### or HFE-7100 ); 2 -(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF 3 

### ) 2 

### CFCF 2 

### OCH 3 

### ); 1 -ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C 4 

### F 9 

### OC 2 

### H 5 

### or HFE 7200 ); 2 -(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((C F 3 

### ) 2 

### CFCF 2 

### OC 2 

### H 5 

### ); methyl acetate; 1,1,1,2,2,3,3 -heptafluoro-3-methoxy-propane (n-C 3 

### F 7 

### OCH 3 

### or HFE-7000); 3 -ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500) 1,1,1,2,3,3,3 -heptafluoropropane (HFC 227ea); methyl formate (HCOOCH 3 

### ) ; 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300); propy lene carbonate; dimethyl carbonate; trans-1,3,3,3 -tetrafluoropropene (HFO-1234ze); 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

### 2

- 9

(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 CFRC.F.R. Part 60, Appendix A, as of July 27, 2012July 1, 1997 , as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligibly-reactive compounds may be excluded as VOC if the amount of such compounds is accurately quantified, and such exclusion is approved by the Department.
(C ) As a precondition to excluding these compounds as VOC or at any tim e thereafter, the Department may require an owner or operator to provide monitoring or testing methods and 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.

### 5

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### CHAPTER 5: GENERAL EMISSIONS LIMITATIONS APPLICABLE TO EQUIPMENT

Reg. 19.501 Purpose
The purpose of this chapter is to define the general federally regulated air pollutant emissions limitations applicable to all equipment subject to the Plan. Stricter specific limitations may be required in applicable permits if such limitations are necessary to comply with federal law or regulations which are in effect as of the effective date of this regulation.
Reg. 19.502 General Regulations
No person shall cause or permit the construction or modification of equipment which would cause or allow the following standards or limitations which are in effect as of the effective date of this regulation, to be exceeded:
(A) Any National Ambient Air Quality Standard or ambient air increment (as listed in 40 CFRC.F.R. § 52.21) as defined herein;.
(B) Any ambient air increment identified in Chapter 9 of this Regulation;
(B) (C) Any applicable emission limitation promulgated by the United States Environmental Protection Agency ; or. (C) (D) Any applicable emission limitation promulgated by the Department in this regulation.
Reg. 19.503 Visible Emission Regulations
(A) No person shall cause or permit visible emissions (other than uncombined water vapor) from equipment identified here inunder and which was installed and in operation, or for which a permit had been issued by the Department prior to January 30, 1972 , to exceed the following limitations:
(1) Emissions shall not exceed 40% opacity, except that emissions greater than 40% opacity will be allowed for not more than six (6) minutes in the aggregate in any consecutive 60-minute period, provided such emissions will not be permitted more than three (3) times during any 24-hour period.

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(B) No person shall cause or permit visible emissions (other than uncombined water vapor) from new equipment identified here inunder which was installed or permitted by the Department after January 30, 1972, to exceed the following limitations or to

exc eed any applicable visible emission limitations of the New Source Performance Standards promulgated by the EPA:
(1) For incinerators and fuel burning equipment, exclusively, emissions shall not exceed 20% opacity except that emissions greater than 20% opacity but not exceeding 60% opacity will be allowed for not more than six (6) minutes in the aggregate in any consecutive 60-minute period, provided such emissions will not be permitted more than three (3) times during any 24-hour period.
(2) For equipment used in a manufacturing process, emissions shall not exceed 20%.
(C) Opacity of visible emissions shall be determined using EPA Method 9 (40 CFRC.F.R. Part 60, Appendix A ).
Reg. 19.504 Stack Height/Dispersion Regulations
The stack height provisions of 40 CFRC.F.R. § 51.118 are incorporated by reference. The definition of “stack,” “a stack in existence,” “dispersion technique,” “good engineering practice,” “nearby,” and “excessive concentration” are defined in 40 CFRC.F.R. § 51.100 (ff) through (kk)

ar e incorporated into this chapter by reference as of September 12, 1986.
Reg. 19.505 Revised Emissions Limitation

The e missions limitations contained within the Plan and applicable permits are for the purpose of assuring the attainment and maintenance of the NAAQS and have been established within the framework of information presently available to the Department. As additional and more precise information becomes available, the emission limitations and reporting procedures of this chapter may be amended as described below:
(A) More restrictive limitations to protect the NAAQS. In accordance with the provisions of the federal Clean Air Act, as amended, and the federal regulations promulgated pursuant to the Clean Air Act, as amended, the emission limitations and reporting procedures of this chapter or any applicable permits may be further

### 5

- 3 amended and made more restrictive where the Director finds more restrictive measures are necessary to assure maintenance of the NAAQS.
(B) Less restrictive limitations. Any person subject to the emission limitations contained in this Plan or in a permit may petition the Director for a less stringent limitation on the grounds that the existing limitation cannot be met when considering physical, economical, or technological constraints. In no case shall the Director approve a less stringent limitation if it would cause a violation of the NAAQS. The Director shall not approve a less stringent limitation if it violates a federal emission standard or regulation, unless approved according to applicable federal regulations.
The Director shall take into account the following factors when making such determinations:
(1) The process, fuels, and raw materials available and to be employed in the facility involved;
(2) The engineering aspects of the application of various types of control techniques which have been adequately demonstrated;
(3) Process and fuel changes;
(4) The respective costs of the application of all such control techniques, process changes, alternative fuels, etc.; and
(5) Locational and siting considerations.
(C) In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof.
(D) This provision is in addition to any emergency or upset provision contained in any applicable requirement.

### 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.AArk. Code Ann. § § 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) “Regulated NSR Pollutant” for purposes of this section means the following:
(1) Any pollutant for which a national ambient air quality standard has been adopted under Chapter 2 of this Regulation and any pollutant identified under this paragraph (B)(1) as a constituent or precursor for such pollutant. Precursors identified by the Department for purposes of NSR are the following:

### 9

- 2 (a) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas.
(b) Sulfur dioxide is a precursor to PM 2.5 

### in all attainment and unclassifiable areas.
(c) Nitrogen oxides are presumed to be precursors to PM 2.5 

### in all attainment and unclassifiable areas, unless Arkansas demonstrates to the Administrator’s satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area’s ambient PM 2.5 

### concentrations.
(d) Volatile organic compounds are presumed not to be precursors to PM 2.5 

### in any attainment or unclassifiable area, unless Arkansas demonstrates to the Administrator’s satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area’s ambient PM 2.5 

### con centrations.
(2) Any pollutant that is subject to any standard promulgated under Section 111 of the Act as of July 27, 2012;

(3) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Act;
(4) Any pollutant that otherwise is subject to regulation under the Act on May 12, 2010;

(5) Notwithstanding paragraphs (B)(1) through (4) of this section, the term regulated NSR pollutant shall not include any or all hazardous air pollutants either listed in S ect ion 112 of the Act, or added to the list pursuant to Section 112(b)(2) of the Act, and which have not been delisted pursuant to Section 112(b)(3) of the Act, unless the listed hazardous air pollutant is also regulated as a constituent or

### 9

- 3 precursor of a general pollutant listed under Section 108 of the Act as of July 27 , 2012; and
(6) PM 2.5 

### emissions and PM 10 

### emissions shall include gaseous emissions from a source or activity, which condense to form particulate matter at ambient temperatures. As of the effective date of the rulemaking action initiated by the Commission on August 24, 2012, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM 2.5 

### , and PM 10 

### in PSD permits. Compliance with emissions limitations for PM 2.5 

### , and PM 10 

### issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this section.

(B)(C) All other terms used herein shall have the same meaning as set forth in Chapter 2 of Regulation 19 or in 40 CFR. C.F.R. § 52.21(b) [PSD] and 40 CFRC.F.R. § 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 CFRC.F.R. § 52.21(b) and CFR.C.F.R. § 51.301, the fe deral definitions as listed in 40 CFRC.F.R. § 52.21(b) and 40 CFR.C.F.R. § 51.301 as of November 29, 2005, shall apply except for those terms defined in 19.903(A) and (B).
(C)(D) The definition for “routine maintenance, repair and replacement” in 40 CFRC.F.R

. § 52.21(b)(2)(iii)(a) is not incorporated.
Reg. 19.904 Adoption of Regulations
(A) Exc ept 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

### 9

- 4 of the EPA under 40 CFRC.F.R. § 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 C.F.R. § 52.21(b)(49), 40 C.F.R. § 52.21(b)(50) , 40 CFR.C.F.R. § 52.21(b)(55-58), 40 CFRC.F.R. § 52.21(i)(9), and 40 CFRC.F.R. § 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 CFRC.F.R. § 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 CFRC.F.R. § 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 in crement, the person applying for such a permit shall submit to the Department an assessment of the following factors:
(a) Effects that the proposed consumption would have upon the industrial and economic development within the area of the proposed source; and
(b) Alternatives to such consumption, including alternative siting of the proposed source or portions thereof.
(2 ) The assessment required under subparagraph (4) above shall be made part of the application for permit and shall be made available for public inspection as provided in 40 CFR.C.F.R. § 52.21(q) as of November 29, 2005.

### 9

- 5

(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.C.F.R. § 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.C.F.R § 51.301 and 40 CFR.C.F.R § 52.21 refer to the Administrator or the Environmental Protection Agency, the reference, for the purposes of paragraph (A) of Reg. 19.904, shall be deemed to mean the Arkansas Department of Environmental Quality, unless the context plainly dictates otherwise, except in the following sections:
(1) Exclusion from increment consumption: 40 CFRC.F.R. § 52.21(f)(1)(v), (f)(3), and (f)(4)(I);
(2) Redesignation: 40 CFR C.F.R. § 52.21(g)(1), (g)(2), (g)(4), (g)(5), and (g)(6);
(3) Air quality models: 40 CFR C.F.R § 52.21 (2).
(F) Redesignation of air quality areas in Arkansas shall comply with Ark.ansas Co de Ann.otated 1987 Section§ 8 -3 -101 et seq

.

### 9

- 6

(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 CFRC.F.R. § 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) “ CO 2 

### equivalent emissions” (CO 2 

### e) 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 sS ubpart A of 40 CFRC.F.R. p P art 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 CO 2 

### e. (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 CFRC.F.R. § 52.21(a)(2)(iv), as of November 29, 2005), and a significant net emissions increase (as defined in 40 CFRC.F.R. 52.21(b)(3), as of November 29, 2005, and 40 CFRC.F.R. § 52.21(b)(23), as of November 29, 2005), occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO 2 

### e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and “significant” is defined as 75,000 tpy CO 2 

### e instead of applying the value in 40 CFRC.F.R. § 52.21(b)(23)(ii), as of November 29, 2005.

### 9

- 7

(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 CO 2 

### e or mor e; 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 CO 2 

### e 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 100,000 tpy CO 2 

### e or more; or (b) At an existing stationary source that emits or has the potential to emit 100,000 tpy CO 2 

### e 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 CO 2 

### e 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 B

NATIONAL AMBIENT AIR QUALITY

STANDARDS LIST

### B

- 1



### APPENDIX B: NATIONAL AMBIENT AIR QUALITY STANDARDS LIST
The National Ambient Air Quality Standards are listed in the table below.

Pollu tant Final

Rule Cite Final Rule

Date Primary /

Secondary Averaging

Time Level Form

Carbon Monoxide 76 FR

54294 August

31, 2011 Primary 8

- hour 9 ppm Not to be exceeded more than once per year 1

- hour 35 ppm

Lead 73 FR

66964 November

12, 2008 Pri mary and

secondary Rolling 3

month average 0.15

μg/m 3 

### Not to be

exceeded.
Nitrogen Dioxide 75 FR

6474 February

9, 2010 Primary 1

- hour 100 ppb 98th percentile, averaged over 3 years 61 FR 52852 October 8,

1996 Primary and

secondary Annual 53 ppb Annu al Mean

Ozone 73 FR

16436 March 27,

2008 Primary and

secondary 8

- hour 0.075 ppm Annual fourth

highest daily maximum 8

- hr concentration, averaged over 3 years Particle Pollution, PM 2.5 

### 71 FR

61144, October

17, 2006 Primary and

secondary Annual 15 μg/m 3 

### Annual mean, averaged over 3 years 24

- hour 35 μg/m 3 

### 98th percentile, averaged over 3 years Particle Pollution, PM 10 

### 71 FR

61144, October

17, 2006 Primary and

secondary 24

- hour 150 μg/m 3 

### Not to be

exceeded more than once per year on average over 3 years Sulfur Dioxide 75 FR

35520 June 22,

2010 Primary 1

- hour 75 ppb 99th percentile of 1

- hour daily maximum concentrations, averaged over 3 years 38 FR 25678 September

14, 1973 Secondary 3

- hour 0.5 ppm Not to be exceeded more than once per year

# Proposed Regulation No. 19:

-After Consideration of Public Comments ; Final Draft July 15, 2014

### 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

Initiated by the PC&E Commission: September 28, 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: DEFINITI ONS

................................ .................................................................... 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 ............................................................. 4-2 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 Amendmen ts ................................................................................... 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

Sc enarios ............................................................................................ 4-14 Reg. 19.415 Changes Resulting in No Emissions Increases ......................................... 4-14 Reg. 19.416 Permit Flexibility ...................................................................................... 4-15 Reg. 19.417 Registration............................................................................................... 4-16

### 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 CONDITIO NS

................................ .................... 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 (H 2 

### SO 4 

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

................................ ................................ ............... 8

- 1 CHAPTER 9: PREVENTION OF SIGNIFICANT DETERIORATION ................................... 9-1 Reg. 19.901 Title............................................................................................................. 9-1 Reg. 19.902 Purposes ...................................................................................................... 9-1 Reg. 19.903 Definitions .................................................................................................. 9-1 Reg. 19.904 Adoption of Regulations ............................................................................. 9-4 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 Applicabili ty........................................................................................... 13-1 Reg. 19.1303 Definitions .............................................................................................. 13-1 Reg. 19.1304 Exemptions ............................................................................................. 13-3 Reg. 19.1305 Prohibited Activities ............................................................................... 13-4 Reg. 19.1306 Record Keeping ...................................................................................... 13-5 Reg. 19.1307 Inspections .............................................................................................. 13-5 Reg. 19.1308 Vapor Recovery Systems ....................................................................... 13-5 Reg. 19.1309 Gasoline Delivery Vessels ...................................................................... 13-6 Reg. 19.1310 Owner/Operator Responsibility .............................................................. 13-6 Reg. 19.1311 Test Methods .......................................................................................... 13-7 Reg. 19.1312 Effective Date ......................................................................................... 13-8 CHAPTER 14: CAIR NO X

### OZONE SEASON TRADING PROGRAM GENERAL

PROVISIONS ................................ .................................................................... 14-1 Reg. 19.1401 Adoption of Regulations......................................................................... 14-1 Reg. 19.1402 State Trading Budget .............................................................................. 14-1 Reg. 19.1403 Timing Requirements for CAIR NO x

### Ozone Season Allowance

Allocations ......................................................................................... 14-1 Reg. 19.1404 CAIR NO x 

### Ozone Season Allowance Allocations ................................. 14-2 CHAPTER 15: REGIONAL HAZE ......................................................................................... 15-1 Reg. 19.1501 Purpose ................................................................................................... 15-1 Reg. 19.1502 Definitions .............................................................................................. 15-1 Reg. 19.1503 BART Eligible Sources .......................................................................... 15-1 Reg. 19.1504 Facilities Subject- to -BART .................................................................... 15-3 Reg. 19.1505 BART Requirements .............................................................................. 15-3 Reg. 19.1506 Compliance Provisions ........................................................................... 15-6 Reg. 19.1507 Permit Reopening ................................................................................... 15-7 CHAPTER 16: EFFECTIVE DATE ........................................................................................ 16-1 Reg. 19.1601 Effective Date ......................................................................................... 16-1 APPENDIX A: INSIGNIFICANT ACTIVITIES LI ST

................................ ............................ A-1 APPENDIX B: NATIONAL AMBIENT AIR QUALITY STANDARDS LIST .......................B-0

### 2

- 1 

### CHAPTER 2: DEFINITI ONS

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
st ationary source considering emissions control equipment and actual hours of source operation or amount of material processed.

“CO 2 

### equivalent emissions” (CO 2 

### e) 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 sS ubpart A of 40 CFR C.F.R. 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 CO 2 

### equivalent emissions.

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

“Construction” means fabrication, erection, or installation of equipment. See also 40 CFRC.F.R. § 60.2, 40 CFRC.F.R. § 51.165, and 40 CFRC.F.R. § 52.21.

“Control apparatus” means any device which prevents, controls, detects , or records the emission of any federally regulated air pollutants.

“Department” means the Arkansas Department of Environmental Quality, or its successor. When reference is made in this regulation to actions taken by or with reference to the Department, the reference is to the staff of the Department acting at the direction of the Director.

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

### 2

- 2

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. § 74 01, et seq

. and its implementing regulations as of the effective date of this regulation.

“Federally regulated air pollutant” means the following:

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

### 2

- 3

(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 CO 2 

### e 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 hexafluorid e.

“Hazardous Air Pollutant” or “HAP” means any air pollutant listed pursuant to § 112 of the Clean Air Act, as amended, 42 U.S.C. § § 7401, et seq ., as of the effective date of this regulation.

“Modification” means any physical change in, or change in the method of operation of, a stationary source which increases the emission rate of any federally regulated air pollutant over permitted rates or which results in the emission of a federally regulated air pollutant not previously emitted, except that:

(A) Routine maintenance, repair, and replacement shall not be considered a physical change, and
(B) The following shall not be considered a change in the method of operation:
(1) Any change in the production rate, if such change does not exceed the permitted operating capaci ty of the source;

### 2

- 4

(2 ) Any change in the hours of operation, as long as it does not viola te 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 CFRC.F.R. Part 50 as of July 27, 2012, as set forth in Appendix B

.
“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” or “PM” means any airborne finely divided solid or liquid material with an aerodynamic diameter equal to or less than 100 micrometers.

“Particulate matter emissions” me ans all particulate matter, other than uncombined water, emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternate method, specified in 40 CFRC.F.R. Part 60 Appendix A or by a test method specified in these regulations or any supplement thereto

. , with the exception of condensable particulate
matter.

“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.

### 2

- 5

“ PM 2.5 

### ” means particulate matter with an aerodynamic diameter less than or equal to a nominal two and one-half (2.5) micrometers as measured by a reference method based on Appendix L of 40 CFR Part 50 as of July 27, 2012, or by an approved regional method designated in accordance with Appendix C of 40 C FR Part 53

.

“ PM 2.5 

### emissions” means PM 2.5 

### e mitted 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, 1984July 27, 2012, or by a test method specified in these regulations or any supplement thereto

.

“PM 10 

### ” 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 CFRC.F.R. Part 50, as of July 27, 2012, or by an equivalent method designated in accordance with 40 CFRC.F.R. Part 53 as of December 8, 1984.

“PM 10 

### emissions” means PM 10 

### emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method, specified in 40 CFRC.F.R. Part 51, Appendix M as of December 8, 1984July 27, 2012 , 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

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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 expenditure s 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 prohibi tions 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.

“Start

- up” 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); tetrachlo roethylene (perchloroethylene); 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); trichlorofluo romethane (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-difluor oethane (HFC-152a); parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); 1,3-dic hloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb); 1,1,1,2,3,4,4,5,5,5-deca fluoropentane (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-pe ntafluoropropane (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-pe ntafluorobutane (HFC-365mfc); chlorofluoromethane (HCFC-31); 1 chloro-1-fluoroethane (HCFC-151a); 1,2-dic hloro-1,1,2-trifluoroethane (HCFC-123a); 1,1,1,2,2,3,3,4,4- nonafluoro-4-methoxy-butane (C 4 

### F 9 

### OCH 3 

### or HFE-7100 ); 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF 3 

### ) 2 

### CF CF 2 

### OCH 3 

### ); 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C 4 

### F 9 

### OC 2 

### H 5 

### or HFE 7200 ); 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF 3 

### ) 2 

### CF CF 2 

### OC 2 

### H 5 

### ); methyl acetate; 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C 3 

### F 7 

### OCH 3 

### or HFE-7000); 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE- 7500) 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea); methyl formate (HCOOCH 3 

### ) ; 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300); propylene c arbonate; dimethyl carbonate; trans-1,3,3,3-tetrafluoropropene (HFO-1234ze); 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 CFRC.F.R. Part 60, Appendix A, as of July 27, 2012July 1, 1997 , as applicable. Where such a method

### 2

- 9

also measures compounds with negligible photochemical reactivity, these negligiblyreactive 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 methods and 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.

### 5

- 1



### CHAPTER 5: GENERAL EMISSIONS LIMITATIONS APPLICABLE TO EQUIPMENT

Reg. 19.501 Purpose
The purpose of this chapter is to define the general federally regulated air pollutant emissions limitations applicable to all equipment subject to the Plan. Stricter specific limitations may be required in applicable permits if such limitations are necessary to comply with federal law or regulations which are in effect as of the effective date of this regulation.
Reg. 19.502 General Regulations
No person shall cause or permit the construction or modification of equipment which would cause or allow the following standards or limitations which are in effect as of the effective date of this regulation, to be exceeded:
(A) Any National Ambient Air Quality Standard or ambient air increment (as listed in 40 CFRC.F.R. § 52.21) as defined herein;.
(B) Any ambient air increment identified inpursuant to Chapter 9 of this Regulation;
(B)(C) Any applicable emission limitation promulgated by the United States Environmental Protection Agency ; or. (C)(D) Any applicable emission limitation promulgated by the Department in this regulation.
Reg. 19.503 Visible Emission Regulations
(A) No person shall cause or permit visible emissions (other than uncombined water vapor) from equipment identified here inunder and which was installed and in operation, or for which a permit had been issued by the Department prior to January 30, 1972, to exceed the foll owing limitations:
(1) Emissions shall not exceed 40% opacity, except that emissions greater than 40% opacity will be allowed for not more than six (6) minutes in the aggregate in any consecutive 60-minute period, provided such emissions will not be permitted more than three (3) times during any 24-hour period.

### 5

- 2

(B) No person shall cause or permit visible emissions (other than uncombined water vapor) from new equipment identified here inunder which was installed or permitted by the Department after January 30, 1972, to exceed the following limitations or to exceed any applicable visi ble emission limitations of the New Source Performance Standards promulgated by the EPA : (1) For incinerators and fuel burning equipment, exclusively, emissions shall not exceed 20% opacity except that emissions greater than 20% opacity but not exceeding 60% opacity will be allowed for not more than six (6) minutes in the aggregate in any consecutive 60-minute period, provided such emissions will not be permitted more than three (3) times during any 24-hour period.
(2) For equipment used in a manufacturing process, emissions shall not exceed 20%.
(C) Opacity of visible emissions shall be determined using EPA Method 9 (40 CFR C.F.R. Part 60, Appendix A ).
Reg. 19.504 Stack Height/Dispersion Regulations
The stack height provisions of 40 CFRC.F.R. § 51.118 are incorporated by reference. The definition of “stack,” “a stack in existence,” “dispersion technique,” “good engineering practice,” “nearby,” and “excessive concentration” are defined in 40 CFRC.F.R. § 51.100 (ff) through (kk) are incorporated into this chapter by reference as of September 12, 1986.
Reg. 19.505 Revised Emissions Limitation

The em issions limitations contained within the Plan and applicable permits are for the purpose of assuring the attainment and maintenance of the NAAQS and have been established within the framework of information presently available to the Department. As additional and more precis e information becomes available, the emission limitations and reporting procedures of this chapter may be amended as described below:
(A) More restrictive limitations to protect the NAAQS. In accordance with the provisions of the federal Clean Air Act, as amended, and the federal regulations promulgated pursuant to the Clean Air Act, as amended, the emission limitations and reporting procedures of this chapter or any applicable permits may be further amended and made more restrictive

### 5

- 3

where the Director finds more restrictive measures are necessary to assure maintenance of the NAAQS.
(B) Less restrictive limitations. Any person subject to the emission limitations contained in this Plan or in a permit may petition the Director for a less stringent limitation on the grounds that the existing limitation cannot be met when considering physical, economical, or technological constraints. In no case shall the Director approve a less stringent limitation if it would cause a violation of the NAAQS. The Director shall not approve a less stringent limitation if it violates a federal emission standard or regulation, unless approved according to applicable federal regulations.
The Director shall take into account the following factors when making such determinations:
(1) The process, fuels, and raw materials available and to be employed in the facility involved;
(2) The engineering aspects of the application of various types of control techniques which have been adequately demonstrated;
(3) Process and fuel changes;
(4) The respective costs of the application of all such control techniques, process changes, alternative fuels, etc.; and
(5) Locational and siting considerations.
(C) In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof.
(D) This provision is in addition to any emergency or upset provision contained in any applicable requirement.

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- 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.AArk. Code Ann. § § 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 EPAof 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 partia l permit application, a PSD monitoring plan, or a sufficiently detailed letter. “Advance notification” does not include general inquiries about the Department’s regulations.
(B) “Regulated NSR Pollutant,” for purposes of this sectionchapter, means the following:
(1) Any pollutant for which a national ambient air quality standard has been adopted under Chapter 2 of this Regulation and any pollutant identified under this paragraph (B)(1) as a constituent or precursor for such pollutant. Precursors identif ied by the Department for purposes of NSR are the following:

### 9

- 2 (a) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas.
(b) Sulfur dioxide is a precursor to PM 2.5 

### in all attainment and unclassifiable

areas. (c) Nitrogen oxides are presumed to be precursors to PM 2.5 

### in all attainment and unclassifiable areas, unless Arkansas demonstrates to the Administrator’s satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area’s ambient PM 2.5 

### concentrations.
(d) Volatile organic compounds are presumed not to be precursors to PM 2.5 

### in any attainment or unclassifiable area, unless Arkansas demonstrates to the Administrator’s satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area’s ambient PM 2.5 

### concentrations.
(2) Any pollutant that is subject to any standard promulgated under Section 111 of the Act as of July 27, 2012;

(3) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Act;

(4) Any pollutant that otherwise is subject to regulation under the Act on May 12, 2010 ;
(5) Notwithstanding paragraphs (B)(1) through (4) of this section, the term regulated NSR pollutant shall not include any or all hazardous air pollutants either listed in Section 112 of the Act, or added to the list pursuant to Section 112(b)(2) of the Act, and which have not been delisted pursuant to Section 112(b)(3) of the Act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under Section 108 of the Act as of July 27 , 2012; and

### 9

- 3

(6) PM 2 .5 

### emissions and PM 10 

### emissions shall include gaseous emissions from a source or activity, which condense to form particulate matter at ambient temperatures. As of the effective date of the rulemaking action initiated by the Commission on September 28August 24, 2012, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM 2.5 

### , and PM 10 

### in PSD permits. Compliance with emissions limitations for PM 2.5 

### , and PM 10 

### issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable
p articulate matter shall not be considered in violation of this sectionchapter.

(B)(C) For the purpose of this chapter, “subject to regulation” means, for any air pollutant, thatthe pollutant is subject to either a provision of the federal Clean Air Act, or a nationallyapplicable regulation codified by the Administrator pursuant to 40 CFR., Chapter 1, Subchapter C and adopted herein, that requires actual control of the quantity of emissions of that pollutant and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity.

(D) All other terms used herein shall have the same meaning as set forth in Chapter 2 of Regulation 19those found or in 40 C FR C.F.R. § 52.21(b) [PSD] and 40 CFR C.F.R. § 51.301 [Protection of Visibility] as of November 29, 2005 October 20, 2010, and adopted in Reg. 19.904 , 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 CFRC.F.R. § 52.21(b) and CFRC.F.R. § 51.301, the federal definitions as listed in 40 CFRC.F.R. § 52.21(b), as adopted in Reg. 19.904 and Reg. 19.903(A), (B) and (C), and 40 CFRC.F.R. § 51.301 as of November 29, 2005October 20, 2010 , shall apply. except for those terms defined in 19.903(A) and (B).

(C)(D)(E) The definition for “routine maintenance, repair and replacement” in 40 CFRC.F.R. § 52.21(b)(2)(iii)(a) is not incorporated.

### 9

- 4

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 CFRC.F.R. §§ 52.21 (a)(2) through (bb), as in effect on November 29, 2005, which are hereby incorporated herein by reference except for 40 CFR §§ 52.21(b)(23) , 52.21(i)(5)(ii), and 52.21(i)(5)(iii), which is are incorporated by reference as of May 16, 2008, 40 CFR §§ 52.21(b)(14)(i) [Major Source Baseline Date], 52.21(b)(14)(ii) [Minor Source Baseline Date], 52.21(b)(14)(ii i ) , 52.21(b)(15) [Baseline Area], 52.21(c) [Ambient Air Increments], 52.21(k)(1) [Source Impact Analysis Re quirements], and 52.21(p) [Requirements for Sources Impacting Federal Class I areas], which are incorporated herein by reference as of October 20, 2010. with the exception of 40 CFR § § 52.21(b)(49), 40 C.F.R. § 52.21(b)(50) , 40 CFR. C.F.R. § 52.21(b)(55

- 58 ), 40 CFR C.F.R. § 52.21(i)(9), and 40 CFR C.F.R. § 52.21(cc), which are not incorporated herein

. In the absence of a specific imposition of responsibility or grant of authority, the Department shall be deemed to have that responsibility and authority neces sary 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 CFRC.F.R

. § 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 CFRC.F.R. § 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

### 9

- 5 applying for such a permit shall submit to the Department an assessment of the following factors:
(a) Effects that the proposed consumption would have upon the industrial and economic development within the area of the proposed source; and
(b) Alternatives to such consumption, including alternative siting of the proposed source or portions thereof.
(2) The assessment required under subparagraph (4) above shall be made part of the application for permit and shall be made available for public inspection as provided in 40 CFRC.F.R

. § 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 no tify 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 CFRC.F.R. § 52.21(p)(1) as of Novem ber 29, 2005October 20, 2010 , 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 CFRC.F.R. § 51.301 and 40 CFR C.F.R. § 52.21 refer to the Administrator or the Environmental Protection Agency, the reference, for the

### 9

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purposes of paragraph (A) of Reg. 19.904, shall be deemed to mean the Arkansas Department of Environmental Quality, unless the context plainly dictates otherwise, except in the following sections:
(1) Exclusion from increment consumption: 40 CFR C.F.R. § 52.21(f)(1)(v), (f)(3), and (f)(4)(I);
(2) Redesignation: 40 CFRC.F.R. § 52.21(g)(1), (g)(2), (g)(4), (g)(5), and (g)(6);
(3) Air quality models: 40 CFRC.F.R. § 52.21 (2).
(F) Redesignation of air quality areas in Arkansas shall comply with Ark. ansas Code Ann.otated 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 CFRC.F.R. § 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) “ CO 2 

### equivalent emissions” (CO 2 

### e) 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 eachgas’s associated global warming potential published at Table A - 1 to sS ubpart A of 40 CFRC.F.R. p P art 98 - Global Warming Potentials (as of October 30, 2009); and

### 9

- 7 (b) Sum the resultant values from Reg. 19.904(G)(2)(a) for each gas to compute a tpy CO 2 

### e. (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 CFRC.F.R. § 52.21(a)(2)(iv), as of November 29, 2005), and a significant net emissions increase (as defined in 40 CFRC.F.R. 52.21(b)(3), as of November 29, 2005, and 40 CFRC.F.R. § 52.21(b)(23), as of November 29, 2005), occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO 2 

### e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and “significant” is defined as 75,000 tpy CO 2 

### e instead of applying the value in 40 CFRC.F.R. § 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 CO 2 

### e 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 CO 2 

### e or mor e. (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 CO 2 

### e or more; or (b) At an existing stationary source that emits or has the potential to emit 100,000 tpy CO 2 

### e 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 CO 2 

### e or more.

### 9

- 8

(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 B

NATIONAL AMBIENT AIR QUALITY

STANDARDS LIST

### APPENDIX B: NATIONAL AMBIENT AIR QUALITY STANDARDS LIST

The National Ambient Air Quality Standards as adopted as of the effective date of this Regulation are listed below.

Pollutant Final Rule

Cite Final Rule

Date Primary /

Secondary Averaging

Time Level Form Applicable Chapters Carbon Monoxide 76 FR 54294 August 31, 2011 Primary 8

- hour 9 ppm Not to be exceeded more than once per year All Chapters 1

- hour 35 ppm All Chapters

Lead 73 FR 66964 November 12, 2008 Primary and

secondary Rolling 3

month average 0.15

μg/m 3 

### Not to be exceeded. All Chapters

Nitrogen Dioxide 75 FR 6474 February 9, 2010 Primary 1

- hour 100 ppb 98th percentile, averaged over 3 years Chapter 9

61 FR 52852 October 8,

1996 Primary and

secondary Annual 53 ppb Annual Mean All Chapters

Ozone 73 FR 16436 March 27, 2008 Primary and

secondary 8

- hour 0.075 ppm Annual fourth

highest daily maximum 8

- hr concentration, averaged over 3 years Chapter 9

Particle Pollution, PM 2.5 

### 71 FR 61144, October 17, 2006 Primary and

secondary Annual 15 μg /m 3 

### Annual mean, averaged over 3 years Chapter 9

24

- hour 35 μg/m 3 

### 98th percentile, averaged over 3 years Chapter 9

### B

- 1

Pollutant Final Rule

Cite Final Rule

Date Primary /

Secondary Averaging

Time Level Form Applicable Chapters Particle Pollution, PM 10 

### 71 FR 61144, October 17, 2006 Primary and

secondary 24

- hour 150 μg/m 3 

### Not to be exceeded

more than once per year on average over 3 years All Chapters

Sulfur Dioxide 75 FR 35520 June 22, 2010 Primary 1

- hour 75 ppb 99th percentile of 1

- hour daily maximum concentrations, averaged over 3 years Chapter 9

38 FR 25678 September 14,

1973 Secondary 3

- hour 0.5 ppm Not to be exceeded more than once per year All Chapters

# Tab F:

Regulation No. 19 with Changes Incorporated (“Final”)

### 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

Adopted by the PC&E Commission: August 22, 2014 OJ .< I 

### I

I**~** , I**~o** l '.)<.,1 ,-**-~~**

### i 

### TABLE OF CONTENTS

CHAPTER 1: TITLE, INTENT, AND PURPOSE .................................................................... 1-1 R eg. 19.101 Title............................................................................................................. 1-1 R eg. 19.102 Applicability ............................................................................................... 1-1 Re g. 19.103 Intent and Construction .............................................................................. 1-1 R eg. 19.104 Severability ................................................................................................. 1-2 C HAPTER 2: DEFINITIONS .................................................................................................... 2-1 C HAPTER 3: PROTECTION OF THE NATIONAL AMBIENT AIR QUALITY

STANDARDS...................................................................................................... 3-1 R eg. 19.301 Purpose ....................................................................................................... 3-1 R eg. 19.302 Department Responsibilities ....................................................................... 3-1 R eg. 19.303 Regulated Sources Responsibilities ............................................................ 3-1 Re g. 19.304 Delegated Federal Programs....................................................................... 3-2 C HAPTER 4: MINOR SOURCE REVIEW................................................................................ 4-1 R eg. 19.401 General Applicability ................................................................................. 4-1 R eg. 19.402 Approval Criteria ........................................................................................ 4-1 Re g. 19.403 Owner/Operator's Responsibilities ............................................................. 4-1 Re g. 19.404 Required Information ................................................................................. 4-2 R eg. 19.405 Action on Application ................................................................................ 4-2 R eg. 19.406 Public Participation .................................................................................... 4-4 Re g. 19.407 Permit Amendments ................................................................................... 4-6 R eg. 19.408 Exemption from Permitting ...................................................................... 4-10 R eg. 19.409 Transition .................................................................................................. 4-10 R eg. 19.410 Permit Revocation and Cancellation ........................................................ 4-10 Re g. 19.411 General Permits ........................................................................................ 4-11 Re g. 19.412 Dispersion Modeling ................................................................................ 4-12 R eg. 19.413 Confidentiality .......................................................................................... 4-12 Re g. 19.414 Operational Flexibility-Applicant's Duty to Apply for Alternative

Scenarios ............................................................................................ 4-14 Re g. 19.415 Changes Resulting in No Emissions Increases ......................................... 4-14 R eg. 19.416 Permit Flexibility ...................................................................................... 4-15 Re g. 19.417 Registration............................................................................................... 4-16

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CHAPTER 5: GENERAL EMISSIONS LIMITATIONS APPLICABLE TO EQUIPMENT ... 5-1 R eg. 19.501 Purpose ....................................................................................................... 5-1 R eg. 19.502 General Regulations ................................................................................... 5-1 R eg. 19.503 Visible Emission Regulations..................................................................... 5-1 R eg. 19.504 Stack Height/Dispersion Regulations ......................................................... 5-2 Re g. 19.505 Revised Emissions Limitation .................................................................... 5-2 C HAPTER 6: UPSET AND EMERGENCY CONDITIO NS

................................ .................... 6-1 Re g. 19.601 Upset Conditions ........................................................................................ 6-1 Re g. 19.602 Emergency Conditions ............................................................................... 6-2 C HAPTER 7: SAMPLING, MONITORING, AND REPORTING REQUIREMENTS ........... 7-1 R eg. 19.701 Purpose ....................................................................................................... 7-1 R eg. 19.702 Air Emissions Sampling ............................................................................. 7-1 R eg. 19.703 Continuous Emissions Monitoring ............................................................. 7-2 Re g. 19.704 Notice of Completion ................................................................................. 7-3 R eg. 19.705 Record Keeping and Reporting Requirements ........................................... 7-3 R eg. 19.706 Public Availability of Emissions Data ....................................................... 7-4 CHA PTER 8: 111(D) DESIGNATED FACILITIES ................................................................. 8-1 R eg. 19.801 Purpose ....................................................................................................... 8-1 R eg. 19.802 Permit Emissions Limitations..................................................................... 8-1 R eg. 19.803 Sulfuric Acid Plants (H 2 

### SO 4 

### Mist) ............................................................. 8-1 Re g. 19.804 Kraft Pulp Mills (TRS)

................................ ................................ ............... 8

- 1 CHAPTER 9: PREVENTION OF SIGNIFICANT DETERIORATION ................................... 9-1 R eg. 19.901 Title............................................................................................................. 9-1 R eg. 19.902 Purposes ...................................................................................................... 9-1 R eg. 19.903 Definitions .................................................................................................. 9-1 R eg. 19.904 Adoption of Regulations............................................................................. 9-4 C HAPTER 10: REGULATIONS FOR THE CONTROL OF VOLATILE ORGANIC

COMPOUNDS IN PULASKI COUNTY .......................................................... 10-1 Re g. 19.1001 Title......................................................................................................... 10-1 R eg. 19.1002 Purpose ................................................................................................... 10-1 R eg. 19.1003 Definitions .............................................................................................. 10-1 Re g. 19.1004 General Provisions.................................................................................. 10-5 Re g. 19.1005 Provisions for Specific Processes ......................................................... 10-12 Re g. 19.1006 Severabi lity........................................................................................... 10-18

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CHAPTER 11: MAJOR SOURCE PERMITTING PROCEDURES ....................................... 11-1 C HAPTER 12: [RESERVED] .................................................................................................. 12-1 C HAPTER 13: STAGE I VAPOR RECOVERY ..................................................................... 13-1 R eg. 19.1301 Purpose ................................................................................................... 13-1 R eg. 19.1302 Applicability ........................................................................................... 13-1 Re g. 19.1303 Definitions .............................................................................................. 13-1 Re g. 19.1304 Exemptions ............................................................................................. 13-3 Re g. 19.1305 Prohibited Activities ............................................................................... 13-4 R eg. 19.1306 Record Keeping ...................................................................................... 13-5 Re g. 19.1307 Inspections .............................................................................................. 13-5 Re g. 19.1308 Vapor Recovery Systems ....................................................................... 13-5 R eg. 19.1309 Gasoline Delivery Vessels ...................................................................... 13-6 R eg. 19.1310 Owner/Operator Responsibility .............................................................. 13-6 Re g. 19.1311 Test Methods .......................................................................................... 13-7 Re g. 19.1312 Effective Date ......................................................................................... 13-8 CHA PTER 14: CAIR NO X

### OZONE SEASON TRADING PROGRAM GENERAL

PROVISIONS .................................................................................................... 14-1 R eg. 19.1401 Adoption of Regulations......................................................................... 14-1 R eg. 19.1402 State Trading Budget .............................................................................. 14-1 R eg. 19.1403 Timing Requirements for CAIR NO x

### Ozone Season Allowance

Allocations ......................................................................................... 14-1 Re g. 19.1404 CAIR NO x 

### Ozone Season Allowance Allocations ................................. 14-2 C HAPTER 15: REGIONAL HAZE ......................................................................................... 15-1 Re g. 19.1501 Purpose ................................................................................................... 15-1 R eg. 19.1502 Definitions .............................................................................................. 15-1 Re g. 19.1503 BART Eligible Sources .......................................................................... 15-1 R eg. 19.1504 Facilities Subject- to -BART .................................................................... 15-3 R eg. 19.1505 BART Requirements .............................................................................. 15-3 R eg. 19.1506 Compliance Provisions ........................................................................... 15-6 R eg. 19.1507 Permit Reopening ................................................................................... 15-7 CHA PTER 16: EFFECTIVE DATE ........................................................................................ 16-1 Re g. 19.1601 Effective Date ......................................................................................... 16-1 APPEND IX A: INSIGNIFICANT ACTIVITIES LI ST

................................ ............................ A-1 APPENDIX B: NATIONAL AMBIENT AIR QUALITY STANDARDS LIST .......................B-1

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### CHAPTER 2: DEFINITIO NS

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.

“CO 2 

### equivalent emissions” (CO 2 

### e) 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 su bpart 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 CO 2 

### 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 ap paratus” means any device which prevents, controls, detects or records the emission of any federally regulated air pollutants.

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“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), 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 CO 2 

### e 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 hexafluorid e.

“Hazardous Air Pollutant” or “HAP” means any air pollutant listed pursuant to § 112 of the Clean Air Act, as amended, 42 U.S.C. §§ 7401, et seq ., as of the effective date of this regulation.

“Modification” means any physical change in, or change in the method of operation of, a stationary source which increases the emission rate of any federally regulated air pollutant over permitted rates or which results in the emission of a federally regulated air pollutant not previously emitted, except that:

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(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 conside red.
“National Ambient Air Quality Standard” or “NAAQS,” mean those ambient air quality standards promulgated by the EPA in 40 CFR Part 50 as of July 27, 2012, as set forth in Appendix B.

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

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regulations or any supplement thereto, with the exception of condensable particulate matter.

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

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

“ PM 2.5 

### ” means particulate matter with an aerodynamic diameter less than or equal to a nominal two and one-half (2.5) micrometers as measured by a reference method based on Appendix L of 40 CFR Part 50 as of July 27, 2012, or by an approved regional method designated in accordance with Appendix C of 40 C FR Part 53.

“ PM 2.5 

### emissions” means PM 2.5 

### 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 July 27, 2012, or by a test method specified in these regulations or any supplement thereto.

“PM 10 

### ” 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.

“P M 10 

### emissions” means PM 10 

### 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 July 27, 2012, 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.

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“Responsible official” means one of the following:

(A) For a corporation: a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative or such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:
(1 ) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 United States dollars); or
(2 ) The delegation of authority to such representative is approved in advance by the Department;
(B ) For partnership or sole proprietorship: a general partner or the proprietor, respectively;
(C ) For a municipality, State, Federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this regulation, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or
(D) For acid rain sources:
(1 ) The designated representative insofar as actions, standards, requirements, or prohibitions under Title IV of the Act or the regulations promulgated thereunder are concerned; and
(2 ) The designated representative for any other purposes under Part 70.
“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.

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“Startup” means the setting in operation of equipment.

“Stationary source” means any building, structure, facility, or installation which emits or may emit any federally regulated air pollutant.

“Title I modification” means any modification as defined under any regulation promulgated pursuant to Title I of the federal Clean Air Act. De minimis changes under Regulation 19, changes to state only permit requirements, administrative permit amendments, and changes to the insignificant activities list are not Title I modifications.
“Volatile organic compounds” or “ VOC” means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions.
(A) This includes any such organic compound other than the following, which have been determined to have negligible photochemical reactivity:
acetone; methane; ethane; methylene chloride (dichloromethane); 1,1,1 - trichloroethane (methyl chloroform); tetrachloroethylene (perchloroethylene); 1,1,2 -trichloro -1,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC-11); dichlorodifluoromethane (CFC-12); chlorodifl uoromethane (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);

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parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; 3,3 -dichloro -1,1,1,2,2-pentafluoropropane (HCFC-225ca); 1,3 -dichloro -1,1,2,2,3-pentafluoropropane (HCFC-225cb); 1,1,1,2,3,4,4,5,5,5 -decafluoropentane (HFC 43-10mee); difluoromethane (HFC- 32 ); ethylfluoride (HFC-161); 1,1,1,3,3,3 -hexafluoropropane (HFC-236fa); 1,1,2,2,3 -pentafluoropropane (HFC-245ca); 1,1,2,3,3 -pentafluoropropane (HFC 245ea); 1,1,1,2,3 -pentafluoropropane (HFC-245eb); 1,1,1,3,3 -pentafluoropropane (HFC-245fa); 1,1,1,2,3,3 -hexafluoropropane (HFC-236ea); 1,1,1,3,3 -pentafluorobutane (HFC-365mfc); chlorofluoromethane (HCFC-31); 1 chloro-1 -fluoroethane (HCFC-151a); 1,2 -dichloro -1,1,2 -trifluoroethane (HCFC-123a); 1,1,1,2,2,3,3,4,4 -nonafluoro-4-methoxy-butane (C 4 

### F 9 

### OCH 3 

### or HFE-7100 ); 2 -(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF 3 

### ) 2 

### CFCF 2 

### OCH 3 

### ); 1 -ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C 4 

### F 9 

### OC 2 

### H 5 

### or HFE 7200 ); 2 -(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((C F 3 

### ) 2 

### CFCF 2 

### OC 2 

### H 5 

### ); methyl acetate; 1,1,1, 2,2,3,3 -heptafluoro-3-methoxy-propane (n-C 3 

### F 7 

### OCH 3 

### or HFE-7000); 3 -ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500) 1,1,1,2,3,3,3 -heptafluoropropane (HFC 227ea); methyl formate (HCOOCH 3 

### ) ; 1,1,1,2,2,3,4,5,5,5 -decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300); and perf luorocarbon 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.

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(B) For purposes of determining compliance with emission limits, VOC will be measured by the test methods in the approved State Implementation Plan (SIP) or 40 CFR Part 60, Appendix A, as of July 1, 1997, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligibly-reactive compounds may be excluded as VOC if the amount of such compounds is accurately quantified, and such exclusion is approved by the Department.
(C ) As a precondition to excluding these compounds as VOC or at any time thereafter, the Department may require an owner or operator to provide monitoring or testing results demonstrating, to the satisfaction of the Department, the amount of negligibly-reactive compounds in the source’s emissions.
(D) The following compound(s) are VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements which apply to VOC and shall be uniquely identified in emission reports, but are not VOC for purposes of VOC emissions limitations or VOC content requirements: t-butyl acetate.

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### CHAPTER 5: GENERAL EMISSIONS LIMITATIONS APPLICABLE TO EQUIPMENT

Reg. 19.501 Purpose
The purpose of this chapter is to define the general federally regulated air pollutant emissions limitations applicable to all equipment subject to the Plan. Stricter specific limitations may be required in applicable permits if such limitations are necessary to comply with federal law or regulations which are in effect as of the effective date of this regulation.
Reg. 19.502 General Regulations
No person shall cause or permit the construction or modification of equipment which would cause or allow the following standards or limitations to be exceeded:
(A) Any National Ambient Air Quality Standard as defined herein;
(B) Any ambient air increment pursuant to Chapter 9 of this Regulation;
(C) An y applicable emission limitation promulgated by the United States Environmental Protection Agency; or
(D) Any applicable emission limitation promulgated by the Department in this regulation.
Reg. 19.503 Visible Emission Regulations
(A) No person shall cause or permit visible emissions (other than uncombined water vapor) from equipment identified hereinunder and which was installed and in operation, or for which a permit had been issued by the Department prior to January 30, 1972, to exceed the followinglimitations:
(1) Emissions shall not exceed 40% opacity, except that emissions greater than 40% opacity will be allowed for not more than six (6) minutes in the aggregate in any consecutive 60-minute period, provided such emissions will not be permitted more than three (3) times during any 24-hour period.

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(B) No person shall cause or permit visible emissions (other than uncombined water vapor) from new equipment identified here inunder which was installed o r permitted by the Department after January 30, 1972 , to exceed the following limitations or to exceed any applicable visible emission limitations of the New Source Performance Standards promulgated by the EPA : (1) For incinerators and fuel burning equipment, exclusively, emissions shall not exceed 20% opacity except that emissions greater than 20% opacity but not exceeding 60% opacity will be allowed for not more than six (6) minutes in the aggregate in any consecutive 60-minute period, provided such emissions will not be permitted more than three (3) times during any 24-hour period.
(2) For equipment used in a manufacturing process, emissions shall not exceed 20%.
(C) Opacity of visible emissions shall be determined using EPA Method 9 (40 CFR Part 60, Appe ndix A ).
Reg. 19.504 Stack Height/Dispersion Regulations

The stac k height provisions of 40 CFR 51.118 are incorporated by reference. The definition of “stack,” “a stack in existence,” “dispersion technique,” “good engineering practice,” “nearby,” and “excessive concentration” are defined in 40 CFR 51.100 (ff) through (kk) are incorporated into thi s chapter by reference as of September 12, 1986.
Reg. 19.505 Revised Emissions Limitation

The e missions limitations contained within the Plan and applicable permits are for the purpose of assuring the attainment and maintenance of the NAAQS and have been established within the framework of information presently available to the Department. As additional and more precise information becomes available, the emission limitations and reporting procedures of this chapter may be amended as described below:
(A) More restrictive limitations to protect the NAAQS. In accordance with the provisions of the federal Clean Air Act, as amended, and the federal regulations promulgated pursuant to the Clean Air Act, as amended, the emission limitations and reporting procedures of this chapter or any applicable permits may be further amended and made more restrictive

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where the Director finds more restrictive measures are necessary to assure maintenance of the NAAQS.
(B) Less restrictive limitations. Any person subject to the emission limitations contained in this Plan or in a permit may petition the Director for a less stringent limitation on the grounds that the existing limitation cannot be met when considering physical, economical, or technological constraints. In no case shall the Director approve a less stringent limitation if it would cause a violation of the NAAQS. The Director shall not approve a less stringent limitation if it violates a federal emission standard or regulation, unless approved according to applicable federal regulations.
The Director shall take into account the following factors when making such determinations:
(1) The process, fuels, and raw materials available and to be employed in the facility involved;
(2) The engineering aspects of the application of various types of control techniques which have been adequately demonstrated;
(3) Process and fuel changes;
(4) The respective costs of the application of all such control techniques, process changes, alternative fuels, etc.; and
(5) Locational and siting considerations.
(C) In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof.
(D) This provision is in addition to any emergency or upset provision contained in any applicable requirement.

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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

con stitute 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) “Regulated NSR Pollutant,” for purposes of this chapter, means the following:
(1) Any pollutant for which a national ambient air quality standard has been adopted under Chapter 2 of this Regulation and any pollutant identified under this paragraph (B)(1) as a constituent or precursor for such pollutant. Precursors identified by the Department for purposes of NSR are the following:

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- 2 (a) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas.
(b) Sulfur dioxide is a precursor to PM 2.5 

### in all attainment and unclassifiable

areas. (c) Nitrogen oxides are presumed to be precursors to PM 2.5 

### in all attainment and unclassifiable areas, unless Arkansas demonstrates to the Administrator’s satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area’s ambient PM 2.5 

### concentrations.
(d) Volatile organic compounds are presumed not to be precursors to PM 2.5 

### in any attainment or unclassifiable area, unless Arkansas demonstrates to the Administrator’s satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area’s ambient PM 2.5 

### concentrations.
(2) Any pollutant that is subject to any standard promulgated under Section 111 of the Act as of July 27, 2012;

(3) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Act;

(4) Any pollutant that otherwise is subject to regulation under the Act;

(5) Notwithstanding paragraphs (B)(1) through (4) of this section, the term regulated NSR pollutant shall not include any or all hazardous air pollutants either listed in Section 112 of the Act, or added to the list pursuant to Section 112(b)(2) of the Act, and which have not been delisted pursuant to Section 112(b)(3) of the Act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under Section 108 of the Act as of July 27 , 2012; and
(6) PM 2.5 

### emissions and PM 10 

### emissions shall include gaseous emissions from a

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- 3 source or activity, which condense to form particulate matter at ambient temperatur es. As of the effective date of the rulemaking action initiated by the Commission on September 28, 2012, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM 2.5 

### , and PM 10 

### in PSD permits. Compliance with emissions limitations for PM 2.5 

### , and PM 10 

### issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this chapter.

(C) For the purpose of this chapter, “subject to regulation” means, for any air pollutant, thatthe pollutant is subject to either a provision of the federal Clean Air Act, or a nationallyapplicable regulation codified by the Administrator pursuant to 40 CFR, Chapter 1, Subchapter C and adopted herein, that requires actual control of the quantity of emissions of that pollutant and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity.

(D) 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 Visibilit y] as of October 20, 2010, and adopted in Reg. 19.904, 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 CFR § 51.301, the federal definitions as listed in 40 CFR § 52.21(b), a s adopted in Reg. 19.904 and Reg. 19.903(A), (B) and (C), and 40 CFR § 51.301 as of October 20, 2010 , shall apply.

(E) The definition for “routine maintenance, repair and replacement” in 40 CFR § 52.21(b)(2)(iii)(a) is not incorporated.

### 9

- 4

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), (F) , and (G) 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 o n November 29, 2005, which are hereby incorporated herein by reference with the exception of:
(1) 40 C.F.R. § 52.21(aa), which is incorporated by reference as in effect on August 13, 2012, except for instances in the sections of 40 C.F.R. § 52.21(aa) where 40 C.F.R. § 52.21(b)(49) is referenced. In those instances, paragraph (G) of Reg. 19.904 shall apply;
(2) 40 CFR §§ 52.21(b)(23) , 52.21(i)(5)(ii), and 52.21(i)(5)(iii), which are incorporated by reference as of May 16, 2008 ; (3) 40 CFR §§ 52.21(b)(14 )(i) [Major Source Baseline Date], 52.21(b)(14)(ii) [Minor Source Baseline Date], 52.21(b)(14)(ii i ) , 52.21(b)(15) [Baseline Area], 52.21(c) [Ambient Air Increments], 52.21(k)(1) [Source Impact Analysis Requirements], and 52.21(p) [Requirements for Sources Impacting Federal Class I areas], which are incorporated herein by reference as of October 20, 2010 ; (4) 40 CFR §§ 52.21(b)(49), 52.21(b)(50), 52.21(b)(55

- 58), 52.21(i)(9), and 52.21(cc), which are not incorporated herein

.
Inthe 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)

a s 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.

### 9

- 5

(C) In addition to the requirements of 40 CFR 52.21(o) a s 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:
(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 October 20, 2010 , the following requirements shall al so apply:

### 9

- 6

Impacts on mandatory Class I federal areas include impacts on visibility. The preliminary determination that a source may affect air quality or visibility in a mandatory Class I federal area shall be made by the Department, based on screening criteria agreed upon by the Department and the Federal Land Manager.
(E) In all instances wherein the aforesaid 40 CFR 51.301 and 40 CFR 52.21 refer to the Administrator or the Environmental Protection Agency, the reference, for the purposes of paragraph (A ) of Reg. 19.904, shall be deemed to mean the Arkansas Department of 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 (l)(2).
(F) Redesignation of air quality areas in Arkansas shall comply with Arkansas Code Annotated 1987 Section 8

- 3

- 101 et seq

. (G) Fo r 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 referen ce 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), and shall not be subject to regulation if the stationary source:
(a) Maintains its total source-wide emissions below the GHG plantwide applicability limitations (hereinafter “PAL”) level;
(b) Meets the requirements in 40 § C.F.R 52.21(aa)(1) through 40 C.F.R. § 52.21(aa)(15) as outlined in Reg. 19.904(A)(1); and

### 9

- 7 (c) Complies with the PAL permit containing the GHG PAL.
(2) For purposes of Reg. 19.904(G)(3) through Reg.19.904(G)(5) : (a) T he term tons per year (tpy) “ CO 2 

### equivalent emissions” (CO 2 

### e) 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

s ubpart A of 40 CFR part 98

- Global Warming Potentials (as of October 30, 2009); and
( ii ) Sum the resultant value s f rom Reg. 19.904(G)(2)(a) for each gas to compute a tpy CO 2 

### e. (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 andbiodegradable 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 CO 2 

### e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and “significant” is defined as 75,000 t py CO 2 

### e instead of applying the value in 40 CFR 52.21(b)(23)(ii), as of November 29, 2005.

### 9

- 8

(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 CO 2 

### e or mor e; 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 CO 2 

### e 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 100,000 tpy CO 2 

### e or more; or (b) At an existing stationary source that emits or has the potential to emit 100,000 tpy CO 2 

### e 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 CO 2 

### e or more.

# ARKANSAS POLLUTION CONTROL

AND ECOLOGY COMMISSION

REGULATION NO. 19

APPENDIX B

NATIONAL AMBIENT AIR QUALITY

STANDARDS LIST

### B-1 

### APPENDIX B: NATIONAL AMBIENT AIR QUALITY STANDARDS LIST

The National Ambient Air Quality Standards as adopted as of the effective date of this Regulation are listed below.

Pollutant Final Rule

Cite Final Rule

Date Primary /

Secondary Averaging

Time Level Form Applicable Chapters
Carbon Monoxide 76 FR 54294 August 31, 2011 Primary 8

- hour 9 ppm Not to be exce eded more than once per year All Chapters
1

- hour 35 ppm All Chapters

Lead 73 FR 66964 November 12, 2008 Primary and

secondary Rolling 3

month average 0.15

μg/m 3 

### Not to be exceeded. All Chapters

Nitrogen Dioxide 75 FR 6474 February 9, 2010 Primary 1

- hour 100 ppb 98th percentile, averaged over 3 years Chapter 9

61 FR 52852 October 8,

1996 Primary and

secondary Annual 53 ppb Annual Mean All Chapters

Ozone 73 FR 16436 March 27, 2008 Primary and

secondary 8

- hour 0.075 ppm Annual fourth

highest daily maximum 8

- hr concentration, averaged over 3 years Chapter 9

Particle Pollution, PM 2.5 

### 71 FR 61144, October 17, 2006 Primary and

secondary Annual 15 μg/m 3 

### Annual mean, averaged over 3 years Chapter 9

24

- hour 35 μg/m 3 

### 98th percentile, averaged over 3 years Chapter 9

### B-2

Pollutant Final Rule

Cite Final Rule

Date Primary /

Secondary Averaging

Time Level Form Applicable Chapters
Particle Pollution, PM 10 

### 71 FR 61144, October 17, 2006 Primary and

secondary 24

- hour 150 μg/m 3 

### Not to be exceeded

more than once per year on average over 3 years All Chapters

Sulfur Dioxide 75 FR 35520 June 22, 2010 Primary 1

- hour 75 ppb 99th percentile of 1

- hour daily maximum concentrations, averaged over 3 years Chapter 9

38 FR 25678 September 14,

1973 Secondary 3

- hour 0.5 ppm Not to be exceeded more than once per year All ChaptersARKANSAS POLLUTION CONTROL & ECOLOGY COMMISSION



### September 3, 2014 101 EAST CAPITOL SUITE 205 LITTLE ROCK, ARKANSAS 72201 PHONE: (501) 682-7890

FAX: (501) 682-7891


# EC
SEP 0 "

Ms. Donna Davis 

### BURE"

. Administrative Rules and Regulations**cQ~t$~AT\VE** 

### Room 433, State Capitol Building Little Rock, Arkansas 72201

RE: Regulation No 19, Regulation of 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 copy of the amendment to Regulation No 19, Regulations of the Arkansas Plan of Implementation for Air Pollution Control. 2. One (1) copy of Commission Minute Order No. 14-28 3. One (1) copy 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 Law Judge

Enclosures

# ARKANSAS REGISTER
Transmittal Sheet * Use only for FINAL and EMERGENCY RULES

For Office Use Only: Secretary of State 

### Mark Martin State Capitol. Suite 

### 026 Little Rock. Arkansas 

### 72201-1094 (501) 682-3527 

### www.sos.arkansas.gov

Effective Date

__________ Code Number

Name of Agency 

### Arkansas Pollution Control 

### & Ecology Commission
Department 

### Arkansas Department of Environmental Quality bates@adeq.state.ar.us Contact 

### Mike Bates E-mail Phone 

### (501) 682-0750 and 8-4-311. Statutory Authority for Promulgating Rules 

### Ark. Code Ann. § § 

### 8

- 4

- 2 01, 8

- 4

- 2 0 2 , 8 - 4

- 3 04 , Regulation No. 19, Regulations of the Arkansas plan of, Implementation Rule Title: for Air Pollution Control; Docket No. 12 -010-R. MO 14 -28

Intended Effective Date Date (Check One) 

### D Emergency (ACA 

### 25-15-204) Legal Notice Published 

### 10/03/12 

### D 30 Days After Filing (ACA 

### 25-15-204) Final Date for Public Comment 

### 12/19/12
[!] Other 

### 10 dals after filing Reviewed by Legislatice Council 

### 08/16/14 (Must be more than 30 days after Oling date.) Adopted by State Agency 

### 08/22/14

Electronic Copy of Rule submitted under ACA 

### 25-15-218 by:



### Mike Bates bates@adeq.state.ar.us
Contact Person E·mall Address 

### 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**~5-1~;201** et.**~.)**

## ~~;. Signature \ I 

### :< (501) 682-7890**moulton@adeq.state.ar.~s**

Phone'Number E-mail Address 

### Administrative Law Judge Title 

### 09/03/14 Date
Revised 8/2011 to rell.CI new legislation passed In 2011,For Office Use Only 

### Effective Date: 

# ARKANSAS

# STJitt~**-L~RY**

.**~i\r\A.N;,AS ~IATE**  Ll8KARl 

## 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

Classification Number: Name of Agency: Arkansas Department of Environmental Quality

Contact Person: Mike Bates Telephone: (501) 682-0750
Statutory**Authori~** 

### for Promul2atin2 Rules: Ark. Code Ann. §8-4-201, 8-4-202, 8-4-304, & 

### 8-4-311 Title of Rule: Regulation No 19, Regulations of the Arkansas Plan of Implementation for Air Pollution Control; Docket No. 12-010-R; Minute Order No. 14-28 Rule Status Effective Date Status Effective Date 

# o New RulelRegulation 

# o Emergency 

## I:8J Amended RulelRegulation 

### [8J 10 Days after filing September 13,2014 

# o Repealed Rule/Regulation 

# o Other 

# o Order 

# o Repealed 

# o Emergency RulelRegulation Adopted by State Agency



# o 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 rules 

# 7:. adopted in compliance with Act 434 of 1967 as amended. Signature:

# f?/'~ 

# / /At. d Date: Sel!tember 3 2 

### 2014 Title: Admidfstrative Law Judge Y

1114/99

### ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION

MINUTE ORDER NO. 

## 14-a<6 SUBJECT: Adoption of Revisions to Regulation 19, Regulations of the Arkansas Plan of Implementation for Air Pollution Control

DOCKET NO. 12

- 010 - R

PAGE 1 OF 1

Pursuant to public notice and hearing, and in consideration of comments received, the Arkansas Pollution Control and Ecology Commission hereby adopts changes to Regulation No. 19, Regulations of the Arkansas Plan of Implementation for Air Pollution Control.

PROMULGATED THIS 22 nd DAY OF AUGUST, 2014, BY ORDER OF THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION.

BY:

ATTEST:

# ~~/L{~L aIr

Teresa Marks, Director**--H-I-I--r",,=,~--** M. Armstrong 

### J. Bates**-""-T~~~-- ~rr-''--~_'----**  L. Bengal 

### J. Chamberlin**-~~----** 

### J. Fox**----""""'-'---=-~--** --+-''-k£..;;...>...L.--\--- M. Goggans D. Hendrix 

## ----.........,.;-:---- 

# __**~O~~~**

# _______ A.Henry 

# 7------ R. Moss**~plJ7:----** 

### J. Simpson ---r;-r.;----- 

### W. Thompson 

### (V. Chair)

### ---~~-~- . White 

# 'liZ:.. R. Young



### SUBMITTED BY: Mike Bates PASSED: 

### 8/22/14 

# w. Thompson, Chairman

# Tab G:

Procedural Requirements

-Regulation Tracking Sheet -Arkansas Register Transmittal Sheet -Arkansas State Library Agency Certification FormADEQ REGULATIONS TRACKING SHEET

Regulation No. 19 Common Name: Regulations of the Arkansas Plan of Implementation for for Air Pollution Control

1. Strawman review of draft regulation by key groups.

initiated completed incorporated

EPA September 14, 2012 December 19,2012 October 18,2013
ADEQ Legal/Admin. November 09,2011 October 18, 2013 October 18,2013

Industrial/ July 23,2012 December 19,2012 October 18, 2013 Environmental Groups

Comments: ADEQ collaborated with local industry interest groups to complete this regulation revision. During the three-year process, the Department has incorporated many suggestions from industry groups, including several revisions that resulted from the Public Notice and Comment process. The Department is confident that all requisites of internal and external review for this rulemaking have been satisfied.

2. Proposed regulation presentation to Commission's Regulations Committee for approval to proceed to public comment period.

Date: September 28, 2012 By: Mike Bates
Comments/Approval: Committee recommended adoption of Petition to Initiate Rulemaking

3. Legal notice of proposed regulation and public hearing.
publication dates ofpublication

Arkansas Democrat-Gazette October 3 - October 4, 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:

_____**~O~c~to~b~e:!...r.!:::.2"__', 2=.:0~1!..:2=--**  _______________ _
5. Hold public hearing(s) on the proposed regulation.

location hearing chairman
ADEQ Commission Room November 13,2012 Joseph Bates

6. Date of final day of public comment period: Extended to December 19,2012

7. Final proposed regulation and response to comments prepared by Department.

Date initiated: December 20,2012 Date completed:

___ J;::,,;:u::..:.,lyl-,...:....;15:::.J.,-=2:..=;0..:..,14...:..-

__ _

EXHIBIT D 1 of 2S. Formal presentation to the Public Health & Welfare Committee of the Legislative Council.

Date: July 25.2014 By: Teresa Marks Comments/Approval: Regulation reviewed by Committee

9. Formal presentation of proposed final regulation to the Administrative Rules & Regulations Subcommittee of the Legislative Council (all Regs).

Date: August 6, 2014 By: Teresa Marks Comments/Approval: Regulation reviewed ...:b"-'y_C=..o""mc.:..=m..:.:.it=te::..:e=---

____________ _
1 O. Presentation of proposed final regulation to Commission's Regulations Committee.

Date: August 22, 2014 By: Mike Bates Comments/Approval: Committee recommended adoption of final rulemaking.

11. Provide Commission members with copy of proposed final regulation prior to Commission meeting.

Date Delivered:

___ ..:..A.:,::u""g""'u.::::,st'-'S"",

.... 2""'0:...!1...:4

_________________ _
12. Present proposed final regulation to the Commission for adoption.

Date: August 22, 2014 By: Mike Bates Comments/Approval: Commission approved adoption of final rulemaking.

13. Send two copies of adopted regulation to Secretary of State.

Date mailed: Upon final promulgation of Regulation.

14. Formally submit adopted regulation to EPA.

Date mailed: Upon final promulgation of Regulation.

PREPAREO BY: ARKANSAS OEPARTMENT OF ENVIRONMENTAL QUALITY 

# kt

By:

# --M~ik'-e"'::'::'B"';at""'~"-s-t', 'S"-ir..::O:::..:-ci-si..::.o-n-cC-h-:-ie-f:----

EXHIBIT 0 2 of2

# ARKANSAS REGISTER
Transmittal Sheet * Use only for FINAL and EMERGENCY RULES

For Office Use Only: Secretary of State 

### Mark Martin State Capitol. Suite 

### 026 Little Rock. Arkansas 

### 72201-1094 (501) 682-3527 

### www.sos.arkansas.gov

Effective Date

__________ Code Number

Name of Agency 

### Arkansas Pollution Control 

### & Ecology Commission
Department 

### Arkansas Department of Environmental Quality bates@adeq.state.ar.us Contact 

### Mike Bates E-mail Phone 

### (501) 682-0750 and 8-4-311. Statutory Authority for Promulgating Rules 

### Ark. Code Ann. § § 

### 8

- 4

- 2 01, 8

- 4

- 2 0 2 , 8 - 4

- 3 04 , Regulation No. 19, Regulations of the Arkansas plan of, Implementation Rule Title: for Air Pollution Control; Docket No. 12 -010-R. MO 14 -28

Intended Effective Date Date (Check One) 

### D Emergency (ACA 

### 25-15-204) Legal Notice Published 

### 10/03/12 

### D 30 Days After Filing (ACA 

### 25-15-204) Final Date for Public Comment 

### 12/19/12
[!] Other 

### 10 dals after filing Reviewed by Legislatice Council 

### 08/16/14 (Must be more than 30 days after Oling date.) Adopted by State Agency 

### 08/22/14

Electronic Copy of Rule submitted under ACA 

### 25-15-218 by:



### Mike Bates bates@adeq.state.ar.us
Contact Person E·mall Address 

### 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**~5-1~;201** et.**~.)**

## ~~;. Signature \ I 

### :< (501) 682-7890**moulton@adeq.state.ar.~s**

Phone'Number E-mail Address 

### Administrative Law Judge Title 

### 09/03/14 Date
Revised 8/2011 to rell.CI new legislation passed In 2011,For Office Use Only 

### Effective Date: 

# ARKANSAS

# STJitt~**-L~RY**

.**~i\r\A.N;,AS ~IATE**  Ll8KARl 

## 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

Classification Number: Name of Agency: Arkansas Department of Environmental Quality

Contact Person: Mike Bates Telephone: (501) 682-0750
Statutory**Authori~** 

### for Promul2atin2 Rules: Ark. Code Ann. §8-4-201, 8-4-202, 8-4-304, & 

### 8-4-311 Title of Rule: Regulation No 19, Regulations of the Arkansas Plan of Implementation for Air Pollution Control; Docket No. 12-010-R; Minute Order No. 14-28 Rule Status Effective Date Status Effective Date 

# o New RulelRegulation 

# o Emergency 

## I:8J Amended RulelRegulation 

### [8J 10 Days after filing September 13,2014 

# o Repealed Rule/Regulation 

# o Other 

# o Order 

# o Repealed 

# o Emergency RulelRegulation Adopted by State Agency



# o 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 rules 

# 7:. adopted in compliance with Act 434 of 1967 as amended. Signature:

# f?/'~ 

# / /At. d Date: Sel!tember 3 2 

### 2014 Title: Admidfstrative Law Judge Y

1114/99

# Tab H:

Public Participation

Regulation Revisions:

-Public Notice Information and Public Hearing Documentation -Public Comments and Responsive Summary

SIP Revisions:

-Public Notice Information and Public Hearing Documentation -Public Comments and Responsive Summary

# Public Participation

Regulation Revisions:

-Public Notice Information and Public Hearing Documentation -Public Comments and Responsive SummaryNOTICE OF PROPOSED CHANGES TO FOUR AIR QUALITY REGULATIONS AND

NOTICE OF PUBLIC HEARINGS AND COMMENT PERIOD The Arkansas Pollution Control and Ecology Commission (APC&EC) will hold four public hearings November 13, 2012, to receive public comments on the repeal of one APC&EC air pollution control regulation and proposed changes to three other APC&EC air pollution control regulations. The hearings will begin at 2:00 p.m. in the Commission Room at the Arkansas Department of Environmental Quality (ADEQ) headquarters building, 5301 Northshore Drive, North Little Rock, AR 72118.

The dea dline for submitting written comments on the proposed changes is 4:30 p.m., November 29, 2012. 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 will be held for proposed changes to APC&EC Regulations 18 (Air Pollution Control Code), 19 (State Implementation Plan [SIP] for Air Pollution Control), and 26 (Arkansas Operating Air permit program), and for the proposed repeal of APC&EC Regulation 25 (Lead-Based Paint Activities). The Regulation 18 hearing will begin at 2:00 p.m., and will be followed, in order, by the hearings on Regulation 19, 26, and 25. APC&EC authority to revise Regulations 18, 19, 25, an d 26 is found in Arkansas Code Annotated, Secti on 8-4-301, et seq. The substantive proposed changes to the Regulations 18, 19, and 26 are necessary in order to adopt the Environmental Protection Agency’s (EPA) National Ambient Air Quality Standards (NAAQS) for particulate matter up to 2.5 micrograms in size ( PM 2.5 ), particulate matter up to 10 micrograms in size ( PM 10 ), ozone, lead, nitrogen dioxide, and sulfur dioxide. In general, the proposed changes to Regulation s 19 and 26 involve incorporation of federal revisions to the NAAQS into State Regulations, and will help ensure Arkansas has the authority to implement air pollution control programs and to issue permits. Specifically, for Regulation 18, Chapter 2, a definition and effective date for “PM 2.5 ” were added. Reg.18.301 was revised to add permitting thresholds for PM 2.5 , and Reg.18.307(C) was revised to provide for a de minimis permit change in regard to PM 2.5 emissions. For Regulation 19, under Chapter 2, revisions were made to the existing definitions of “PM 2.5, ” “PM 10, ” and “National Ambient Air Quality Standards;” a permitting threshold for PM 2.5 at Reg.19.401 was added; “Ten (10) tons per year of PM 2.5 ” was added to Reg.19.407(C)(2)(a) and “PM 2.5 ”, “2 μ g/m 3 ” and “24-hour” were added to the table under Reg.19.407(C)(2)(b) to provide for a de minimis permit change in regard to PM 2.5 emissions. APC&EC also requests public comments on the proposed revisions to Reg.19.903(B)(6) that include EPA’s proposed revision to the definition of “regulated NSR (New Source Review) pollutant.” This proposed revision would reestablish the interpretation that for measurement of “particulate matter emissions,” in the context of the (Prevention of Significant Deterioration) PSD and NSR programs, thereis no explicit requirement to include measurement of condensable PM emissions except for PM 2.5 and

PM 10 . Should EPA’s proposed rule not become finalized before the end of the public comment period for Regulation 19, ADEQ may remove it from the proposed language addressed in this proposed rulemaking. For Regulation 26, the significant changes involve the addition of “10 tons per year of PM 2.5 , ” a minor permit modification threshold for fine particulate matter (PM 2.5 )

, under Reg. 26.1002(A). Amendments to Regulation 19 will be submitted to the EPA for inclusion into Arkansas’ s SIP and amendments to Regulation 26 will be submitted to the EPA for inclusion into Arkansas’s Title V and Part 70 State Program.The proposed repeal of Regulation 25 is necessary to codify existing State law. The Arkansas LeadBased Paint-Hazard Act of 2011 transferred authority to administer the State lead-based paint regulatory program to the Arkansas Department of Health. Regulation 25 is therefore unenforceable by ADEQ and should be repealed to bring APC&EC Regulations current with State law. Copies of the four 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 Arkans as 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. November 29, 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 October 3 and 4, 2012,
Teresa Marks, Director, Arkansas Department of Environmental Quality

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# Arkansas Democrat Q&azette
STATEMENT OF LEGALADVERTISING

### BEFORE THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION

IN THE MATTER OF AMENDMENTS TO ) REGULATION NO. 19, REGULATIONS OF THE ) DOCKET NO. 12-010-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 Arkansas Code Annotated (Ark. Code Ann.) 

### § 8-4-202(d)(4)(C) and
Regulation l No. 8.815, the Arkansas Pollution Control and Ecology Commission (Commission,
APC&EC) shall cause to be prepared a responsive summary, which groups public comments into

similar categories and explains why the Commenters' rationale for each category is accepted or rejected.

On September 14,2012, the Arkansas Department of Environmental Quality
(Department, ADEQ) filed a Petition to Initiate Rulemaking to Amend Regulation No. 19,
Regulations of the Arkansas Plan ofImplementation for Air Pollution Control. Commissioner
Joseph Bates conducted a public hearing on November 13,2012, and the public comment period

was extended through December 19, 2012. The following is a summary of the comments
regarding the proposed amendments to Regulation No. 19 along with the Commission's

response.

Comment 

### 1: The Commenter supports the Department's proposed revisions to Regulation No. 19 that exempts the solvent Dimethyl Carbonate as a Volatile Organic Compound (VOC) in the state and believes the change will allow Arkansas business a greater degree of flexibility in meeting more stringent VOC restrictions moving forward.

Response: ADEQ acknowledges and appreciates this Comment. However, due to industry

concerns with the implementation of the originally initiated revisions proposed in this

1 All citations of and references to state environmental regulations contained in this document signify those regulations promulgated by the Arkansas Pollution Control and Ecology Commission.

EXHIBIT B 1 of 34rulemaking, ADEQ is moving forward to adopt only the initiated revisions that are necessary to retain permitting authority for the Major NSRlPSD program in Arkansas, and Appendix B has been revised accordingly. The Department will revisit withdrawn portions of the proposed rule through future rulemaking.

No revisions to the final rule are necessary due to this Comment.

Comment 2: ADEQ confirms that the United States Environmental Protection Agency's (EPA) final rule containing the definition of "regulated NSR pollutant" under the New Source Review (NSR) program regarding emission of condensable particulate matter (CPM) was published on October 25,2012 (77 Fed. Reg. 65107).

Response: The portion of the proposed rule regarding the definition of "Regulated NSR Pollutant" initiated by the Commission on September 28,2012, was largely verbatim language incorporated under Reg. No. 19.903(B)(1)(a) through (d) and Reg. No. 19.903(B)(6) from the federal proposed rule. The federal regulation had not been promulgated in final form at the time of initiation of the revisions for the present rulemaking. However, the federal proposed rule was finalized, without change, as noted in the Comment. ADEQ will keep the proposed revisions incorporated under Reg. No. 19.903(B)(1)(a) through (d) and Reg. No. 19.903(B)(6) based on EPA's final rule. ADEQ proposed language that differs from the federal definition of "regulated NSR pollutant" under Reg. No. 19.903(B)(1) through (4) is to clarify that this section includes any pollutant subject to any standard promulgated under Section 111 of the Act, and that any or all hazardous air pollutants either listed in Section 112 or added to the list pursuant to Section 112(b)(2) of the Act are not included, unless the listed hazardous air pollutant is also regulated as
a constituent or precursor of a general pollutant listed under Section 108 ofthe Act as of July 27, 2012.

No revisions to the final rule are necessary due to this Comment.

Comment 3: ADEQ pointed out that the correct date for the initiation listed in Reg. No. 19.903(B)(6) is September 28,2012, and should replace the incorrect date currently listed (August 24,2012).

Response: ADEQ will correct the date for the initiation listed in Reg. No. 19.903(B)(6) and replace it with September 28,2012.

Comment 4: EPA is supportive of this proposed rulemaking effort and is greatly appreciative of the extended comment period. EPA also believes ADEQ is actively taking steps to promulgate and submit rules as revisions to the Arkansas State Implementation Plan (SIP) to meet these important requirements for public health protection.

EXHIBIT B 20f34Response: ADEQ acknowledges and appreciates this Comment. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 5: The Commenter states that the proposed Regulation No. 19, dated September 14, 2012, is a redlined version of an outdated rule which was superseded when a newer version of Regulation No. 19 became final on October 26,2012. The Commenter states the current Regulation No. 19 which is being proposed is not redlined against the most current version of Regulation No. 19 and "ADEQ should carefully review its proposed NAAQS [National Ambient Air Quality Standards] sweep revisions against the most current version of Regulation No. 19 to be sure that its proposal does not create any inconsistencies or other issues, and to be sure that whatever version is proposed to the Commission for final adoption includes changes which were finalized as part of Regulation No. 19 on October 26,2012. The Commenter believes to have the right to provide additional comment once ADEQ applies its proposed changes to the proper (current) version of Regulation No. 19.

Response: When ADEQ prepared the initial draft of the proposed revisions to Regulation No. 19, it was based on the Regulation that was in effect at the time of initiation (September 2012). Rulemakings are initiated for a host of reasons by ADEQ or third parties at any time during any given year. ADEQ will incorporate any adopted revisions made to Regulation No. 19 from previous rulemakings before presenting the final revised regulation to the Commission for final promulgation.

The two revisions adopted in Regulation No. 19, between the dates this rulemaking was initiated and the public comment period began (the Greenhouse Gases [GHG] biomass deferral and GHG Plantwide Applicability Limits [PALs] rulemakings), do not have a bearing on the context or effectiveness of the language proposed in this revision. Such revision was the insertion of the "biomass deferral" clause, allowing sources to defer carbon dioxide (C0 2 ) permitting for emissions from the use of biogenic materials for fuel. The other revision involved only the
movement of a previously adopted "Rescission Clause" to the Severability section of Regulation No. 19.

ADEQ does not agree that the Commenter has the right to provide additional Comments for consideration on these proposed revisions once incorporated to the final revised version of Regulation No. 19 because comment periods to address all previous and currently proposed revisions to Regulation No. 19 have been made available to the public as prescribed by law (Reg. Nos. 8.805 and 8.806, "Administrative Procedures").

EXHIBIT B 30f34No revisions to the final rule are necessary due to this Comment.

Comment 6: The Commenter suggests that the proposed language to Reg. No. 19.904(B) be amended as it provides "exclusions from the consumption of increments, as provided in 40 C.P.R 

### § 5 1. 166(f)(1)(iii) as of November 29, 2005

... " The Commenter points out that the language within this reference omits the exclusion for the "routine maintenance, repair and replacement" in Reg. No. 19.903(C) (which in the proposed revision, becomes (D», and recommends that the revision be amended to reference that exclusion.

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking.

No revisions to the final rule are necessary due to this Comment.

Comment 7: EPA states that the proposed definition of "Regulated NSR Pollutant" at Reg. No. 19.903(B)(2) includes an incorporation by reference date of July 27,2012, for any pollutant that is subject to any standard promulgated under Section 111. EPA advises that ADEQ will need to monitor all future rulemakings for Section 111 so this incorporation by reference date can be updated appropriately.

Response: ADEQ acknowledges and appreciates this Comment.

No revisions to the final rule are necessary due to this Comment.

Comment 8: Commenters state that ADEQ's formal rejection of the federal definition of "regulated NSR pollutant" in the proposed revisions to Reg. No. 19.903(B) and the exclusion of the definition of "subject to regulation" in Reg. No. 19.904(A) circumvents EPA's interpretation of "subject to regulation;" thus, Commenters state it is broader than the federal definition by encompassing pollutants that are subject to monitoring and reporting requirements under the Act,
not just pollutants subject to control under the Act. Commenters believe that ADEQ's proposed definition of "Regulated NSR Pollutant" on Reg. No. 19.903(B) and the exclusion of the federal definition of "subject to regulation" in Reg. No. 19.904(A) will include any pollutant regulated under the Clean Air Act (C.A.A., the Act), including those listed under Title I and Title III, and will cause such pollutant to be a regulated NSR pollutant under Regulation No. 19, thus requiring a Prevention of Significant Deterioration (PSD) analysis for that pollutant under Arkansas regulation. Commenters state that exclusion of the federal definition of "subject to regulation" in the proposed revisions in Reg. No. 19.903 and the exclusion of the federal definition in Reg. No. 19.904 will result in excessive burden and confusion among the regulated community, uncertainties of which pollutants are being regulated and discrepancies between the federal and state air regulations.

EXHIBIT B 40f34Commenters suggest that revisions to Reg. No. 19.904(A) include the federal definition of "subject to regulation" and that revisions to Reg. No. 19.903(B) adopt the federal definition of "regulated NSR pollutant." Commenters believe that doing this will cause Arkansas's air regulations to be consistent with federal air regulations in this respect, and obviate the need for ADEQ's proposed addition of the definition of "Regulated NSR Pollutant" in Reg. No. 19.903.

Response: The Department has addressed the Commenters' concerns regarding "subject to regulation" by adding a definition of the term at Reg. No. 19.903(C).

Comment 9: Commenters believe ADEQ's proposal to adopt EPA's recent clarification to the definition of "regulated NSR pollutant" in Reg. No. 19.903(B) to exclude condensable particulate matter prior to certain date creates a discrepancy with the federal PSD program. Commenters state that although EPA's choice to place the definition of "regulated NSR pollutant" in 40 CFR 

### § 52.21(b)(50) to clarify the condensable particulate matter issue may have been convenient, the location at Reg. No. 19.903(B) chosen by ADEQ is not a suitable place for the definition.

Commenters explain that EPA's "regulated NSR pollutant" definition in 40 CFR 

### § 52.21(b)(50) incorporates the "subject to regulation" definition in 40 CFR 

### § 52.21 (b)(49), but ADEQ's incorporation by reference at 40 CFR 

### § 52.21(b) as of November 29,2005, excludes "subject to regulation" definition at 

### § 52.21(b)(49) because on that date the this definition was not included. Commenters also believe the proposed exclusion of 

### § 52.21 (b)( 49) is especially confusing in light of the effective date tied to the federal regulation (November 29,2005). Commenters point out that "as of November 29,2005, 

### § 52.21 (b)(49) was 'reserved,'" thus, "it is paradoxical to specifically exclude from state regulation a nonexistent federal regulation and definition." Commenters also state that "ADEQ's proposed definition of 'regulated NSR pollutant' in Reg. No. 19.903 forecloses the narrower federal definition specifically endorsed and adopted by EPA."

Commenters propose ADEQ adopt the federal definition of "subject to regulation" with a date certain, such as the date of initiation ofthe rulemaking (September 28,2012), which would also

ensure that all elements of the GHG Tailoring Rule are properly reflected in Arkansas's air regulations. Commenters give an alternative ("but less desirable") suggestion: "adopt a revision to the regulation in which the first part of the federal definition is used in lieu of the proposed text (i.e., the definition leading up to but not including (i)-(iv), which is the GHG program)."

Commenters state that, in the event the Commission rejects these suggestions, "it should at a minimum change 'for purposes of this section' to 'for purposes of this chapter' in Regulation 19.903(B), and should use September 28, 20 12

... rather than August 24,2012."

EXHIBIT B 50f34One Commenter states also that the definition of "reasonable possibility" [found at 52.21(r)(6)(vi)] is not incorporated into Arkansas's rules under the November 2005 reference date. The Commenter believes that, because ADEQ is establishing permit conditions based on the "reasonable possibility" provisions and does so without the current federal definition, Arkansas's rules are more stringent than federal rule and suggests ADEQ update the incorporation by reference date (or explain why it cannot be updated).

Response: The Department has addressed the Commenters' concerns regarding "subject to regulation" by adding a definition of the term at Reg. No. 19.903(C).

Regarding the inclusion of the "reasonable possibility" provisions, this Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking. However, the Department may consider the inclusion of the "reasonable possibility" provisions in a future rulemaking.

ADEQ also agrees with Commenters' suggestions at Reg. No 19.903(B) to replace "section" with "chapter," to clarify application of the language and will also include this replacement at Reg. No. 19.903(B)(6), as well as replace the August 24,2012, incorporation by reference date with September 28,2012, to comply with EPA's PSD rules.

See also Responses to Comments 8, 11, and 14.

Comment 10: EPA states that proposed revisions to Reg. No. 19.903(B) include the Arkansas definition of "regulated NSR pollutant" that identifies PM2.5 and its precursors as regulated NSR pollutants and establishes requirements for condensables. EPA notes that ADEQ has not addressed the significant emission rates (SERs) for PM2.5 or its precursors in the PSD program incorporation by reference date. EPA advises ADEQ this requirement can be addressed by ensuring that Reg. No. 19.904(A) incorporate by reference 40 CFR 

### § 52.21(b)(23) as promulgated on May 16,2008, effective July 15,2008, at the earliest.

Response: ADEQ will include 40 CFR 

### § 52.21(b)(23), as of May 16,2008, which addresses SERs for PM2.5 and its precursors in the PSD program at Reg. No. 19.904(A).

Comment 11: EPA explains that to fully adopt the PM2.5 PSD regulations consistent with EPA's intent and the requirements under section 116(a) of the Act, ADEQ must ensure that the Arkansas PSD program incorporates by reference the PM2.5 increments at 40 CFR 

### § 52.21(c) as promulgated on October 20,2010, effective December 20,2010. Additionally, EPA advises that the Arkansas PSD program must incorporate by reference the supporting definition changes to Major Source Baseline Date at 40 CFR 

### § 52.21 (b)(14)(i), Minor Source Baseline at 40 CFR 

### §

EXHIBIT B 6 of 3452.21(b)(14)(ii), and Baseline Area 40 CFR 

### § 52.21(b)(15). EPA further advises that the Source Impact Analysis Requirements at 40 CFR 

### § 52.21 (k)( 1), and the Requirements for Sources Impacting Federal Class I areas at 40 CFR 

### § 52.21(p) are also required elements involving PM2.5 increments and must be updated through incorporation by reference date promulgated on October 20,2010, effective December 20,2010.

Response: ADEQ agrees with the Commenter, and at Reg. No. 19.904 will incorporate by reference as of October 20, 2010, the following sections:

.40 CFR 

### § 52.21(b)(14)(i) .40 CFR 

### § 52.21(b)(14)(ii) .40 CFR 

### § 52.21(b)(15) .40 CFR 

### § 52.21(c) .40 CFR 

### § 52.21(k)(1) .40 CFR 

### § 52.21(p)

Additionally, as logical outgrowth of these additions, ADEQ proposes to adopt at Reg. No. 19.904,40 CFR 

### § 52.21(b)(14)(iii) as of October 20,2010, and 40 CFR 

### § 52.21 (i)(5)(ii) and (iii)

as of May 16,2008, federal PSD provisions which are supportive of the above additions.

See also Response to Comment 1.

Comment 12: Commenters believe ADEQ's exclusion of the federal definition of "subject to regulation" in the proposed revision would make it more difficult for ADEQ to adopt the flexible approach to GHG PSD permitting that EPA recently adopted in its GHG Tailoring Rule Step 3, which causes some sources permitted as a minor source for PSD under federal air regulations to be categorized as a major source under state regulations due solely to C0 2 e emissions. "That rule adds a 'plantwide applicability limit' approach through a revision of the definition of 'subject to regulation.'" Commenters also state that "EPA's July 2012 revision to the definition of 'subject to regulation' in 40 CFR 

### § 52.21(b)(49) provides that GHG emissions from a stationary source shall not be subject to regulation if the source maintains its total source-wide emissions below the GHG PAL level and meets other specified requirements" (77 Fed. Reg. 41051). Commenters suggest the Commission either adopt the federal definition of "subject to regulation" or change the incorporation by reference date in Reg. Nos. 19.903(C) and 19.904(A), and delete Reg. No. 19.904(G), as it is unnecessary in their opinion. Commenters conclude that without the PAL provision, Arkansas rules are more stringent than the federal rules and require the Commission complete an economic impact and environmental benefit analysis as part of this rulemaking.

Response: See Responses to Comments 5 and 8.

EXHIBIT B 70f34Comment 13: Commenters suggest it may be beneficial at this time for ADEQ to simply incorporate by reference the federal PSD regulations as of date certain on Regulation No. 19, Chapter 9, thus eliminating the need to revise definitions and minimizing potential conflicts between state and federal language and requirements.

Commenters state: "ADEQ is proposing to add a definition for 'Regulated NSR Pollutant' to maintain consistency with the Federal NSR rule in 40 CFR Parts 51 and 52. The added definition is copied almost exactly from the definition in 40 CFR 

### § 52.21(b)(50). However, ADEQ has failed to include a definition of 'subject to regulation,' an important term which appears in the definition of 'Regulated NSR Pollutant. '" Therefore, Commenters suggest the following revision to Reg. No. 19.903:

"(4) Any pollutant that otherwise is subject to regulation under the Act on May 12,2010."

Commenters state that the federal rules at 40 CFR 

### § 52.21(b)(49) provide a specific definition for "subject to regulation. Without this specificity in the Arkansas rules, Commenters are concerned that the Arkansas rules could conflict and/or be more stringent than federal rules.

In Reg. No. 19.903(B), Commenters state that through the incorporation of "regulated NSR pollutant," along with the proposed changes to Chapter 2 of Regulation No. 19, ADEQ is officially adopting PM2.5 as a "regulated NSR pollutant" in Arkansas. However, Commenters believe ADEQ's proposal fails to adopt the necessary structural components ofthe PSD permitting program for PM2.5, which includes major source threshold, SER, Significant Impact Level (SIL), Significant Monitoring Concentration (SMC), and ambient air increment values for PM2.5. Commenters believe that failure to adopt a SER for PM 2

. 5 results in a PSD permitting program that is significantly more stringent than that required by federal law. Commenters state that in the absence ofa defined SER for PM2.5, 40 CFR 

### § 52.21(b)(23)(ii), as adopted by ADEQ in Reg. No. 19.903(C), defines any net increase in PM2.5 emissions as "significant," thus subjecting such an increase to all applicable requirements of the PSD permitting program. Commenters believe that this problem arises due to ADEQ's incorporation by reference, in Reg. Nos. 19.903(C) and 19.904(A), of the majority ofthe federal PSD program codified in 40 CFR 

### § 52.21 as of November 29,2005. The structural components were incorporated into 40 CFR 

### § 52.21 by EPA via a final rule published in the Federal Register on May 16,2008. Therefore, Commenters request that ADEQ adopt the applicable provisions of 40 CFR 

### § 52.21 as of a date subsequent to May 16,2008, or specifically incorporate into Regulation No. 19, Chapter 9, all provisions necessary to implement the PSD permitting program for PM2.5.

Response: ADEQ has addressed issues raised in this Comment in previous Responses. ADEQ agrees that in Regulation No. 19 several incorporated sections of 40 CFR 

### § 52.21 must be

EXHIBIT B 8 of 34updated so that all necessary elements of the PSD permitting program are in place as outlined by EPA.

See also Responses to Comments 8, 10, 11, and 14.

Comment 14: EPA states that Arkansas has incorporated by reference the federal PSD requirements at 40 CFR 

### § 52.21, except as noted in Reg. No. 19.904, and for the Arkansas PSD program to incorporate all necessary elements, the incorporation by reference date must include EPA's final rules "Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM 2

. 5

)" (73 Fed. Reg. 28321, May 16,2008) and "Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM2.5)

- Increments, SILs and Significant Monitoring Concentration (SMC)" (75 Fed. Reg. 64864, October 20,2010). Therefore, EPA states Arkansas PSD program's date of incorporation by reference must be corrected in the proposed revisions at Reg. No. 19.903(C) and throughout Reg. No. 19.904.

Response: In Reg. No. 19.903(C) (now "(D)"), the incorporation by reference date for 40 CFR 

### § 51.301 and 40 CFR 

### § 52.21(b) will be updated to October 20,2010.

See also Responses to Comments 8 and 11.

Comment 15: EPA explains that PM 2

. 5 SILs and SMCs are discretionary elements that states can adopt as screening tools, but that PM2.5 SILs and SMCs for PSD purposes is currently subject to litigation. Thus, EPA states that the outcome of this litigation could affect EPA's ability to approve these provisions into the Arkansas PSD SIP in the future. EPA recognizes the regulatory text adopted in 40 CFR 

### §§ 51. 166(k)(2) and 52.21(k)(2) does not reflect accurately EPA's intent, since it does not afford permitting authorities sufficient discretion to deny sources
use of the SILs where their use would lead to violation ofNAAQS. Therefore, EPA believes it would be in ADEQ's best interest to not include 40 CFR 

### § 5 1. 166(k)(2) in the state PSD program through incorporation by reference. EPA recognizes that Arkansas PSD program already relies on EPA's SILs for other criteria pollutants through the air permitting and modeling guidance. EPA will continue to rely on 40 CFR 

### § 51.165(b) to reaffirm its authority to promulgate and implement the PM 2

. 5 SILs and encourages ADEQ to consider adopting these provisions into the state PSD program. If ADEQ chooses to include PM2.5 SMCs in the Arkansas PSD program, then the incorporation by reference should include 40 CFR 

### § 52.21(i)(5)

as promUlgated on October 20,2010, effective December 20,2010.

Response: On January 22,2013, the U.S. Court of Appeals vacated and remanded 40 CFR 

### §§ 51.166(k)(2) and 52.21 (k)(2)

- based on EPA's lack of authority (to allow state permitting authorities) to automatically exempt sources from the required air quality analysis with projected

EXHIBITB 90f34impacts below SILs. The Court upheld parts of EPA's rule codifying PM2.5 SILs in 40 CFR 

### § 51. 165(b)(2). The Court vacated the parts of EPA's rule establishing a PM2.5 SMC because doing so exceeded EPA's statutory authority. The PM2.5 proposed revisions to Regulation No. 19 that are a part of this rulemaking do not include references to the sections (or within a range of the sections) which were affected by the vacated rules.

No revisions to the final rule are necessary due to this Comment.

Comment 16: The Commenter believes Reg. No. 19.502 does not impose any requirements with respect to routine or de minimis permitting. The Commenter believes that Reg. No. 19.502 does
not provide a basis for applying NAAQS directly to facilities through routine permitting or modeling and, like Reg. No. 19.402, applies only to permits to "construct" or "modify."

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 17: Commenters state that ADEQ should not interpret Reg. No. 19.302 as requiring non-PSD permit applicants to measure the facility's emissions against the NAAQS without a duly promulgated SIP. Commenters state that Reg. No. 19.302 does not task ADEQ with ensuring that the NAAQS are not exceeded at compliance points established under EPAapproved models, and does not compel facility-level implementation of the revised NAAQS through routine permitting. Commenters state that, in response to previous permit applicants' requests, "ADEQ justifies implementing the NAAQS at the individual permit level through the Modeling Protocol because Regulation 19.302 obligates ADEQ to ensure that NAAQS are not exceeded at compliance points established under EPA-approved models." However, Commenters do not agree with this interpretation, stating that Reg. No. 19.302 does not task ADEQ with ensuring that the NAAQS are not exceeded. Commenters state the only provision in Reg. No. 19.302 concerning 'computer modeling' obligates ADEQ to perform modeling for

areas that can reasonably be expected to be in excess of the NAAQS. One Commenter also pointed out "ADEQ has also stated that non-PSD Title V permit applicants are required to model

source emissions against the NAAQS because NAAQS are 'applicable requirements' under Regulation 19." However, Commenters do not agree that Regulation No. 19 establishes NAAQS

as "applicable requirements" because under Regulation No. 19 NAAQS compliance is not a source-specific obligation for any type of source. One Commenter explains "EPA has consistently stated that NAAQS themselves are not applicable requirements, and that applicable requirements are merely the methods employed by the state to comply with the NAAQS."

EXHIBIT B 10 of 34Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking. See also Response to Comment 1.

Comment 18: Commenters state that ADEQ and the Commission should engage in the required SIP development process in order to implement the new and revised NAAQS. Commenters believe ADEQ should issue a clarification that the new NAAQS will not be applicable to individual stationary sources, either as limitations on emissions or applicable requirements, and that modeling of the new NAAQS is not required on a routine basis except where a PSD permit is required.

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking. See also Response to Comment 1.

Comment 19: The Commenter states that Reg. No. 19.402 does not obligate facilities to conduct modeling demonstrations with respect to attainment and maintenance of the revised NAAQS as part of routine permitting. The Commenter states that Reg. No. 19.402 does not provide a basis for requiring modeling as a routine requirement for all permits, and was approved by EPA as meeting the federal Minor NSR requirements and quotes the proposed rule issued by EPA (65 Fed. Reg. 26972, May 9, 2000) "The provisions of Regulation No. 19, Chapter 4 apply only to

sources which are not 'major' under [the federal C.A.A.] definition." The Commenter, citing EPA Region 6, Technical Support Document, on SIP Actions on the Arkansas SIP submission of Regulation No. 19 (March 22, 2000), points out that major sources must comply with Regulation No. 19, Chapters 9 (PSD) and 11 and Regulation No. 26, and concludes that major sources subject to Regulation No. 26 are, therefore, not subject to Reg. No. 19.402 at all. The Commenter also states that Reg. No. 19.402 only applies to permits to "construct" or "modifY" a source, therefore, does not apply to operating permits or renewals whose associated potential emissions increases are reasonably expected to be insignificant or are otherwise under the 

### de minimis thresholds listed in Reg. No. 19.407(C)(2).

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 20: The Commenter states "Reg. 19 .402 does not create an obligation to measure each permit against the NAAQS."

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking. See also Response to Comment 1.

EXHIBIT B 11 of 34No revisions to the final rule are necessary due to this Comment.

Comment 21: The Commenter states that the paragraph found at Reg. No. 19 .903(B)( 6) officially begins the era of regulating CPM in Arkansas. Although some sources and permits (PSD permits) have addressed CPM (through the requirement for Method 202 testing), many permitted sources may not have considered CPM. Commenters have several questions on how the transition from regulating only filterable particulate matter to regulating filterable plus CPM will be accomplished, as follows:

a. The reference to CPM only appears in Chapter 9, which could be interpreted to mean that only PSD sources must consider CPM. Is it ADEQ's intent that non-PSD Title V

sources and minor sources also address CPM in their minor source and non-PSD Title V permits?

b. If a permittee is applying for an expedited permit modification for a particular project, such as a de minimis change or minor modification, will ADEQ require a facility wide reassessment ofPM2.5 or CPM at that time, thus delaying issuance of the particular project permit approval?

c. Does ADEQ have a "deadline" in which all permittees will be expected to have updated their permits to explicitly consider PM2.5 and/or CPM? For Title V sources, the permit renewal process provides a mechanism for this update.

Response: The definitions of PM2.5 include measurements by methods that include CPM. Therefore, CPM will need to be addressed in non-PSD permits as well as PSD permits that include PM 2

. 5

.

De minimis/Minor Modification changes and administrative amendments to permits will not trigger the requirement to address CPM for sources other than those affected by the De Minimis/minor modification.

There is no deadline for incorporation of CPM. CPM will be added to permits when they are modified or revised, as appropriate. Facility-wide emissions, including CPM, will need to be addressed at permit renewal for Title V sources at the latest and during permit modifications (i.e. permit modifications that are not administrative amendments, De Minimis or minor modifications) for other sources.

No revisions to the final rule are necessary due to this Comment.

EXHIBIT B 12 of 34Comment 22: The Commenter believes that ADEQ's proposed revisions do not incorporate various changes EPA made at 40 CFR 

### § 52.21, including changes specifically to address PM2.5. "EPA has set a 'significance' level ofPM2.5 at 10 tpy [tons per year] for 'direct PM 2

. 5 '; has set ambient air increments for PM2.5; and has set 'significant impact levels' for PM2.5." Therefore, the Commenter states: "under Regulation 19.904(A), Arkansas facilities would be subject to the 2005 language which does not include 

### any of these improvements." The Commenter also states the 2005 definition of "significant" does not provide a threshold for PM2.5, thus the threshold in Regulation No. 19 "is arguably any net emission increase ofPM2.5." That result "would likely catch any project with any particulate matter increase, no matter how small, in the web ofPSD permitting." The Commenter makes the following suggestion: change the incorporation by reference date in Reg. Nos. 19.903(C) and 19.904(A) from 2005 to September 28,2012.

Response: ADEQ agrees that in Regulation No. 19 several incorporated sections of 40 CFR 

### § 52.21 must be updated so that all necessary elements of the PSD permitting program are in place.

See also Responses to Comments 10, 11, and 14.

Comment 23: The Commenter points out that the proposed Regulation No. 19 refers frequently to a 10 tpy threshold for PM2.5, which is ostensibly based on the federal significance threshold for PM2.5. However, the Commenter argues that the "federal regulations are clear to differentiate 'direct' PM 2

. 5 from precursors such as sulfur dioxide [S02] and nitrogen oxide [N02]," and states the text in Regulation No. 19 does not do so. The Commenter suggests the Commission revise Regulation No. 19 text and add the word "direct" before PM2.5 in Reg. Nos. 19.401 and 19.407(C).

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 24: EPA states that the proposed definition of "National Ambient Air Quality Standards" or "NAAQS" contained in Regulation No. 19, Chapter 2 and Appendix B (the NAAQS table) includes an incorporation by reference date of July 27,2012, for any pollutant that is subject to any standard promulgated under 40 CFR Part 50. EPA advises that ADEQ will need to monitor all future rulemakings under 40 CFR Part 50 so that this incorporation by reference date can be updated appropriately.

Response: ADEQ will monitor future rulemakings under 40 CFR Part 50 so that this incorporation by reference date is updated appropriately.

EXHIBIT B 13 of 34No revisions to the final rule are necessary due to this Comment.

Comment 25: The Commenter suggests an amendment to the proposed language of Reg. No. 19.502(A) to avoid confusion. The Commenter states the proposed amendment should not include the citation with the phrase "Any National Ambient Air Quality Standard (as listed in 40 CFR 

### § 52.21)." Previously, the language included the phrase "or any ambient air increment" before the parenthetical. The Commenter points out that the NAAQS are not listed in CFR 

### § 52.21, but only the ambient air increments are. Thus, the Commenter suggests the text to read as follows:

"(A) Any National Ambient Air Quality Standard 

### €as listed iN q Q CFR 

### § 52.21.) as defined herein;"

Response: ADEQ agrees with the Commenter and will revise Reg. No. 19.502(A) as suggested.

Comment 26: The Commenter suggests that Reg. No. 19.502(B) must be amended because there is no "ambient air increment(s) identified in Chapter 9" of Regulation No. 19, and should read as follows:

"(B) Any ambient air increment 

### id@Ntifi@d iN pursuant to Chapter 9 of this Regulation;"

Response: ADEQ agrees with the Commenter and will revise Reg. No. 19.502(B) as suggested.

Comment 27: The Commenter believes Regulation No. 19 should be amended to provide that existing facilities are not required to perform Tier II testing in connection with a permit renewal with no significant emissions increases. The Commenter believes the modeling requirement by ADEQ is more stringent than federal requirements. The Commenter states the intent of Tier II testing is to determine whether a facility is required to comply with New Source Performance Standards (NSPS), and further Tier II testing should not be required under APC&EC air regulations unless the facility in question reaches a point at which it can test out ofNSPS requirements. The Commenter believes "it is unnecessarily cost prohibitive to require a facility to perform Tier II testing when the facility is already, and will continue to be, regulated under NSPS."

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking.

No revisions to the final rule are necessary due to this Comment.

EXHIBIT B 14 of 34Comment 28: Commenters believe ADEQ's Economic Impact Statement (EIS) for the proposed amendments to Regulation No. 19 does not comply with Act 143 of2007 (Act 143). Commenters state that an EIS must include a number of elements, including an assessment of the types of small businesses that will be affected by the rule and how they will be adversely affected, a reasonable determination of the compliance costs on small business and the implementation costs to ADEQ, and whether there is an alternative less burdensome to accomplish the rule's objectives. In the Commenters' opinion, ADEQ's proposed revision is likely to impose substantial costs on all affected sources, including small business.

Response: ADEQ disagrees with Commenters. When revisions to include the proposed federal definition of "Regulated NSR Pollutant" were first proposed for Regulation No. 19, EPA's proposed revisions to this definition had not become final. Therefore, ADEQ, in the interest of following proper procedure, treated the proposed changes to Regulation No. 19 as "more stringent than federal law," and completed an EIS for the rulemaking. At the time of initiation, this rulemaking was not exempt from requirements under Act 143; however, the federal language

was finalized as proposed in Regulation No. 19 prior to the end of the public comment period for Regulation No. 19, causing ADEQ's proposed language to be no "more stringent," and therefore exempt from Act 143 requirements as the proposed revisions codify federal law.

When requesting initiation, the Department responded accordingly using Commission and Legislative approved forms to outline the economic impacts and environmental benefits of proposed rulemakings, and the Department adhered to the elements addressed in the forms. ADEQ asserts that protocol, as found in APC&EC's Regulation Formatting and Drafting Guidelines (Guidelines), was followed for the proposed NAAQS rulemaking and the EIS which ADEQ prepared and submitted was formatted just as is the example found in Appendix 18 of Guidelines.

Guidelines states that ADEQ must forward to the Arkansas Economic Development Commission (AEDC) a copy of the proposed rule and a corresponding EIS for review prior to the expected initiation date (p. 6). ADEQ must also submit to the APC&EC as part of the initiation packet

one of the following documents to serve as proof of contact with AEDC (p. 9):

• An approval letter from AEDC;

• A Memorandum stating that 10 business days have passed since submittal of a letter

or EIS to AEDC, and a copy of the letter sent to AEDC; or

• A Memorandum explaining why Act 143 is not applicable to the rulemaking (based

on exemptions found on p. 6).

For the proposed NAAQS revisions to Regulation No. 19, ADEQ e-mailed (per AEDC's website instructions) a copy of the redlined proposed Regulation and the EIS form prior to filing for

EXHIBIT B 15 of 34initiation. As part of the initiation packet for this Regulation, ADEQ submitted to the APC&EC

an approval letter received from AEDC after review of the EIS and this Regulation proposal, and

a Memorandum stating that 10 business days had passed since submittal of the letter and EIS to AEDC, along with a copy of the original e-mail sent to AEDC.

AEDC states in the approval letter: "Per Act 143 of 2007, I have reviewed the proposed Regulation No. 19 and the financial impact statement. Arkansas Code 

### § 25-15-2(d)(1) of Act 143 requires [AEDC] to determine 

### if you have taken sufficient measures to balance the objectives of the proposed rules with the interest of the impacted small business. It is my determination that in drafting the proposed Regulation No. 19, you have taken sufficient steps to protect the interests of the impacted small businesses." (Emphasis added.)

ADEQ followed protocol for requirements related to Act 143, and AEDC, which is the agency legally responsible for determination under Act 143, made the decision that all requirements of Act 143 were met by ADEQ for this rulemaking.

No revisions to the final rule are necessary due to this Comment.

Comment 29: States have three years to adopt and submit an infrastructure SIP (for maintenance of the NAAQS) after attainment status designation by EPA. The state develops and submits a SIP, which is approved by EPA and becomes federally enforceable or is disapproved (partially or completely) and a Federal Implementation Plan (FIP) is developed. Congress intended for attainment or maintenance strategies to take time to implement, and for the public to have opportunity to Comment at several stages in the process.
Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking.

No revisions to the final rule are necessary due to this Comment.

Comment 30: Commenters state that the definitions for PM2.5 and PMIO should be revised. Commenters point out that ADEQ's proposed revisions to Regulation No. 19 included "PM2.5" definition: "as measured by a reference method based on Appendix L of 40 C.F.R Part 50 as of July 27,2012, or by an approved regional method designated in accordance with Appendix C of 40 CFR Part 53." Commenters argue this proposed definition defines PM2.5 by how it is measured. Commenters state the methods referenced in the proposed definition are for determining PM2.5 concentrations in the ambient air, not in emissions. Commenters point out there is no separate definition for "PM2.5 Emissions" in Regulation No. 18 (as there is in Regulation No. 19, Chapter 2), yet there are several provisions within Regulation No. 18 where PM2.5 is intended to refer to emissions. Commenters believe the omission of a definition of

EXHIBIT B 16 of 34"PM2.5 Emissions" in Regulation No. 18 "creates a discrepancy that will lead to confusion among the regulated community and the permitting authority." Therefore, commenters propose that the Commission eliminate the potential for confusion by adopting a definition for "PM 2

. 5

," in lieu ofthe proposed definitions in Regulations No. 18 and No. 19, as follows:

"PM2.5" means particulate matter with an aerodynamic diameter less than or equal to a nominal two and one-half (2.5) micrometers as measured:

(A) in the ambient air by a reference method based on Appendix L of 40 C.F.R Part 50 as of July 27, 2012, or by an approved regional method designated in accordance with Appendix C of 40 CFR Part 53; or
(B) in emissions by an applicable reference method, or an equivalent or alternate method, specified in 40 CFR Part 51, Appendix M as of July 27, 2012, or by a test method specified in these regulations or any supplement thereto."

Commenters believe this issue is equally applicable to the definition of "PMIO" in Regulations No. 18 and No. 19, and propose a similar change to the definitions for PMIO in Regulations No. 18 and No. 19. One Commenter suggests that if the above change is not made, "the date used in the definition of 'PM2.5 Emissions' should at least be changed from 'December 8, 1984,' to 'September 28,2012,' for consistency with the definition of 'PMIO Emissions' and with Regulation 19.702(F)."

Response: ADEQ disagrees that the proposed definition of "PM2.5" needs to be changed in either Regulations No. 18 or No. 19. In Regulations No. 18 and No. 19, the definition of "PM2.5" is used in the context of ambient air and it refers to those measurements and techniques based on Appendix L of 40 CFR Part 50. Emissions of "PM2.5" are used in the context of emissions from

sources and references in 40 CFR Part 51, Appendix M. Reference methods for both contexts

are addressed in the proposed or existing definitions ofPM2.5 and PMIO. Thus, these emission limits or amounts related to "PM2.5" are very clearly identified, making it unnecessary to add a definition in Regulation No. 19.

However, after considering Comments received from several Commenters, ADEQ is proposing to update the incorporation by reference date for 40 CFR Part 51, Appendix M, as of July 27, 2012, that is found in Regulation No. 19 within the definitions of "PM2.5 emissions" and "PMIO emissions" to ensure that the definitions include all relevant Test Methods adopted by EPA.

Comment 31: The Commenter recommends amending sections of Regulations No. 18 and No.19 that are directly related to NAAQS implementation and modeling, even though ADEQ is not proposing revisions to these particular sections during this rulemaking. The Commenter

EXHIBIT B 17 of 34believes that these recommendations "will reduce ongoing confusion and conflict concerning dispersion modeling and NAAQS analyses during the routine (non-PSD) permitting process." The Commenter believes that several sections, both in Regulations No. 18 and No. 19, "can be or have been mistakenly construed by ADEQ to mean that the applicant and/or the ADEQ is required to perfonn dispersion modeling and NAAQS analyses as part of the permitting process." The Commenter adds that complex modeling analyses are not appropriate, or federally required, for routine non-PSD permitting projects.

The Commenter states that Reg. Nos. 19.301, 19.302 and 19.303 set out the requirements for ADEQ and a permittee to "meet and maintain" the NAAQS. Reg. No. 19.303 sets out the permittee's responsibilities which include obtaining a permit prior to "construction" or "modification," and operating equipment pursuant to the permit, but the Commenter points out that nowhere in this section is a permittee obligated to conduct computer modeling in order to meet the NAAQS. The Commenter believes a permittee's compliance with Reg. No. 19.303 should be considered sufficient evidence that it is complying with its obligation to meet and maintain the NAAQS. The Commenter believes it is ADEQ's duty, not the permittee's, to conduct computer modeling, only ifthere is a reasonable expectation ofNAAQS exceedance in a substantial area of the state, and concludes, "this should not be interpreted by the state more stringently than by EPA." Therefore, the Commenter proposes the following deletions:

On Reg. No. 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 ofthis regulation. or without interfering 

### '.vith the attainment or maintenance of a national ambient air quality standard. 

### ************

On Reg. No. 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: (1) the stationary source will be constructed or modified to operate 'Nithout interfering 

### TNith attainment or maintenance of a national ambient air quality standard; (2)

............... . 

### ***********

On Reg. No. 19.502, General Regulations:

EXHIBIT B 18 of 34No person shall cause or permit the construction or modification of equipment which would

cause or allow the following standards or limitations which are in effect as of the effective date of this regulation, to be exceeded: 

### (Ae) Any National Ambient Air Quality Standard or ambient air increment (as listed in 

### 40 CFR 52.21). (B) Any applicable emission limitation promulgated by the United States Environmental Protection Agency. (C) Any applicable emission limitation promulgated by the Department in this regulation. 

### ***********

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 32: The Commenter states that the "Insignificant Activities List," ("Appendix A" in both Regulations No. 18 and No. 19 is essentially identical) outlines a series of air emission activities that are exempt from the requirement to obtain an air permit. The introductory paragraph contains the following clause:

"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."

Over time, EPA has significantly expanded the regulatory "reach" of these programs, particularly the NESHAP program. The Commenter believes that as a result, many sources, such as emergency generator engines, which have historically been considered insignificant in Arkansas,

no longer qualify as such under Appendix A of Regulations No. 18 and No.19, creating an unnecessary permitting burden to both applicant and ADEQ resources.

The Commenter states that ADEQ has addressed the expansion of these regulatory programs in part via the language regarding "special applicability" found in Reg. No. 18.301(B)(3), which allows that, for certain source categories (those listed and those for which a standard was promulgated by EPA after June 27, 2008), no air permit is required by ADEQ solely due to the applicability of a federal NSPS, NESHAP, or MACT standard. Therefore, the Commenter believes that due to this existing provision of Regulation No. 18, ADEQ is "implicitly acknowledging that it is not necessary to impose air permitting requirements for each and every
source subject to a federal NSPS, NESHAP, or MACT standard."

EXHIBIT B 19 of 34The Commenter proposes to add the following language to the last sentence ofthe introductory paragraph of Appendix A in both Regulations No. 18 and No. 19 to create consistency between the permit applicability criteria of Reg. No. 18.301 and the "Insignificant Activity" criteria of Regulations No. 18 and No. 19:

"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]), provided such applicable requirement is subject to Special Applicability under the provisions of §18.301(B)(3) of ADEQ Regulation 18, is not insignificant,

even if this activity meets the criteria below."

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking.

No revisions to the final rule are necessary due to this Comment.

Comment 33: Commenters state the NAAQS should be implemented through attainment designation as determined on an area-wide basis.

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking. See also Response to Comment 1.

Comment 34: Commenters state that states should consider costs in determining how to implement a NAAQS. Because the C.A.A. is based on "cooperative federalism," the United States Supreme Court has held that the states have authority and responsibility to determine the methods and strategies to achieve a NAAQS. Commenters believe that a state may select whatever control strategy it desires, so long as the NAAQS are met, and consideration is given to the cost-effectiveness of various technologies to implement each particular NAAQS.

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 35: Commenters explain that few nearby states require modeling for non-PSD permitting and/or Title V renewals [and those which do require modeling typically have procedures to streamline the process such as limited requirements] for PM2.5. Commenters

EXHIBIT B 20 of 34request that consideration be given to process simplifications such as exemptions of small

sources and minimizing modeling when minor or no changes are made to the source itself (e.g., exempt de minimis and/or minor modification changes that are below the emission increase thresholds defined in Reg. Nos. 18.307(C), 19.407(C), and 26.1002.)

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 36: Commenters state in an attachment paper "PM2.5 Dispersion Modeling Case Study," perceived issues associated with dispersion modeling and the newer NAAQS standards, describing a modeling example and its results. "Emissions sources so small that ADEQ considers them insignificant can be shown to cause considerable NAAQS issues when modeled."

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking.

No revisions to the final rule are necessary due to this Comment.

Comment 37: Commenters express their concerns in "Additional Information Concerning Dispersion Modeling Concerns Overview," and argue that federal air regulations generally only require modeling during major New Source Review (NSR)IPSD permit actions and SIP corrective actions to address nonattainment areas, and not during frequent and routine non-major permitting actions (such as non-PSD construction permits, non-PSD Title V permit modifications, or Title V permit renewals).

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking.

No revisions to the final rule are necessary due to this Comment.

Comment 38: Commenters believe dispersion modeling uses several worst-case assumptions so there is usually some doubt as to whether "Miniature Problem Areas" near property lines exist, and often there are no occupied structures in the "Area."

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking.

No revisions to the final rule are necessary due to this Comment.

EXHIBIT B 21 of 34Comment 39: Commenters believe ADEQ should revisit underlying assumptions that require NAAQS modeling during routine permitting because EPA does not require it. Commenters state that if EPA does not require such modeling, ADEQ should modify air permitting regulations and

remove language that may imply modeling must be done at the time of routine permitting, and recommends ADEQ to do so with this NAAQS rulemaking.

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking.

No revisions to the final rule are necessary due to this Comment.

Comment 40: Commenters state that ADEQ's implementation of the new NAAQS at the facility level is inappropriate and will have harmful effects

- particularly regarding ADEQ's screening Modeling Protocol in conjunction with the revised regulation, implementation will result in significant burdens on regulated facilities. Commenters believe that ADEQ treats the NAAQS as if they are exactly what EPA says they are not: emissions standards directly applicable to individual stationary sources.
Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 41: Commenters gave an example of a facility which had previously shown compliance with NAAQS through air dispersion modeling, but during the permit renewal process impacts were shown to be significantly higher than in past modeling demonstrations (no major physical modifications or specific emission changes but there were changes in EPA's air dispersion model and changes to the processing of meteorological data, specifically AERMINUTE). Commenters state that to receive a permit renewal, the facility had to agree to make various physical changes at a cost estimated to be in excess of $2,000,000. Commenters state regulatory changes to the model, model version, meteorological data set, and processing tools have a significant impact on model results. Commenters ask, if all models were determined to be "accurate" at the time, "which is right?" Commenters state the "present day" result is 38% higher than the result 11 years ago (same data run, different model version, different results).

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking.

No revisions to the final rule are necessary due to this Comment.

EXHIBIT B 22 of 34Comment 42: Commenters state that "implementation ofNAAQS at the facility level through Modeling Protocol is inappropriate and contrary to EPA's interpretation that NAAQS are not directly applicable to individual stationary sources." Commenters explain that EPA "has been specific about types of permits requiring modeling to determine potential impacts on attainment and maintenance ofNAAQS, but no such requirement exists for other permits, including Title V and minor sources." Commenters believe requiring routine air quality modeling for other types of permitting goes beyond what Congress envisioned and what EPA requires in order to prevent air quality degradation in clean air areas. Commenters cite EPA's "Model Rule for Minor NSR Program" (released in 2012 as part of its "Tribal NSR Implementation Manual") and point out that the model rule does not require routine modeling, but rather provides the permitting authority the right to request air quality impact analysis from a minor source or modification

- if there is a concern that the construction of the minor source or modification would cause or contribute to a NAAQS exceedance or PSD increment violation.

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 43: Commenters state that ADEQ currently implements the NAAQS at the permit level and relies upon 

### de Jacto regulation, i.e. the Modeling Protocol. Commenters believe the Protocol followed by ADEQ is a binding regulation for the following reasons: (1) prescribes policy/practice; (2) has legal effects on regulated facilities; (3) ADEQ treats as controlling; (4) is the basis for ADEQ permitting decisions on interpretations formulated in the Protocol; and (5) leads private parties to believe permits will be denied if not adhered to. One Commenter concludes, "the Modeling Protocol as regulation for implementation ofNAAQS goes far beyond ADEQ's authority," and has not been adopted according to statutory procedures provided for in Ark. Code Ann. 

### § 8-4-202. Consequently, Commenters argue, "the regulated community has not been afforded due process in promulgation of the rules and regulations for implementing the substantive statutes charged to ADEQ for administration."

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking.

No revisions to the final rule are necessary due to this Comment.

Comment 44: Commenters believe the model that currently shows compliance with existing NAAQS will have problems once new standards are in place, and is concerned that it will create

EXHIBIT B 23 of 34a "permit moratorium" and will result in an inability to make small needed facility changes in a timely manner.
Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 45: Commenters believe implementation of the new NAAQS could have a negative impact on the waste industry's future-looking alternative fuels projects and the ability to implement those projects.

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 46: Commenters believe implementation of the proposed air regulations revisions will deter investment in alternative fuels and pollution control projects.

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking.

No revisions to the final rule are necessary due to this Comment.

Comment 47: Commenters believe ADEQ's planned implementation of the federal NAAQS will place unnecessary economic and regulatory burdens on [the regulated community,] and it will negatively impact the ability of Arkansas's industry to remain competitive with that of surrounding states.
Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking.

No revisions to the final rule are necessary due to this Comment.

Comment 48: Commenters believe ADEQ's modeling regulation will put facilities in Arkansas in a non-competitive position compared to sister facilities in other states. Commenters give a real-world example whereby a facility encountered a 6:1 ratio [modeling costs:cost of proposed capital investment]. Commenters state this ratio is not competitive, and the state will not likely continue to attract large companies.

EXHIBIT B 24 of 34Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking.

No revisions to the final rule are necessary due to this Comment.

Comment 49: Commenters state, by the requirements listed in the Commission's regulations and in Ark. Code Ann. 

### § 8-4-312, if a proposal is more stringent than federal law, it must undergo appropriate economic impact and environmental benefits analysis. Commenters believe the current package is devoid of that type of analysis.

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking.

No revisions to the final rule are necessary due to this Comment.

Comment 50: Commenters believe the proposed changes pose a significant risk in the form of business risk, cost and regulatory uncertainty and will render Arkansas's air regulations to be

more restrictive than federal law. Commenters also state that ADEQ's cost-benefit analyses are inadequate, not useful for policy makers to determine the costs or benefits from the proposed rules, do not consider factors affecting costs and benefits as required by law, and are speculative.

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking.

No revisions to the final rule are necessary due to this Comment.

Comment 51: Commenters are concerned the implementation of these NAAQS under ADEQ's existing permitting strategy and policy could result in the requirement to install control technology, possibly costing hundreds of millions of dollars. Commenters state this cost would be passed on to ratepayers in the form of electric rate increases, which would adversely impact the cost of production, and could affect the competitiveness of steel production. Commenters believe increases in electric rates disproportionately affect low-income populations since a larger portion of their income goes toward utility payments. Commenters believe the rulemaking package contains no analysis of the direct or indirect costs to industry, to the public or the impact

on public health, nor it shows the benefits expected in Arkansas from implementation of the NAAQS under current ADEQ practice and policy.

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking. See also Response to Comment 1.

EXHIBIT B 25 of 34Comment 52: Commenters believe that with the proposed revisions, facilities could be faced with significant added costs with little or no added benefit to human health or the environment.

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking.

No revisions to the final rule are necessary due to this Comment.

Comment 53: Commenters are in support of the incorporation of the minimum requirements necessary for ADEQ to maintain delegation of the air program in the state, but are concerned with requirements for permittees after the regulations are adopted. Commenters state ADEQ

uses a "bottom-up process," whereby NAAQS are implemented through source-by-source permitting decisions instead of a customary top-down SIP development process.
Response: See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 54: Commenters believe proposed NAAQS revisions should be implemented through

a SIP development process.
Response: This Comment did not address any specific proposed revision; therefore, it is outside of the scope of this rulemaking. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 55: Commenters state ADEQ should clarify regulations and permit policies to address situations where a facility has met old NAAQS standards but will need time to take corrective actions in order to meet the new and more stringent standards.

Response: This Comment did not address any specific proposed revision; therefore, it is outside of the scope of this rulemaking. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 56: Commenters state that ADEQ will not take a final action on a pennit application until facilities complete a satisfactory modeling prediction, which typically costs many thousands of dollars to meet modeled limits and can result in weeks or even months of permitting delays. Commenters believe many of the ambient pollutant concentrations predicted by both the screening and refined modeling are not reflective of reality and can result in double counting of

EXHIBIT B 26 of 34some air emissions in some overly conservative models. Commenters believe that, in attainment
areas, only new sources should be added to ambient background concentrations for modeling purposes. Commenters conclude that these modeling exercises, not required by federal regulation, create an unnecessary burden to the regulated community, are difficult to "pass" ADEQ's screening model, and believe that NAAQS shorter averaging times 

### (I-hr N02 and S02) will add another layer of technical complexity and challenge with respect to satisfactory modeling demonstrations.

Response: This Comment did not address any specific proposed revision; therefore, it is outside of the scope of this rulemaking. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 57: Commenters believe ADEQ should review the process for ensuring compliance with the NAAQS because it currently relies on air modeling required of individual permittees, rather than comprehensive modeling of local airsheds. Commenters state this was a workable approach in the past but that EPA's revised NAAQS are more difficult to meet. Commenters do not believe that the individual permitting approach will ensure compliance with NAAQS by itself and states that ADEQ should use a more comprehensive approach.

Response: This Comment did not address any specific proposed revision; therefore, it is outside of the scope of this rulemaking. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 58: Commenters state that ADEQ has failed to consider the entirety of the effects of implementing the NAAQS, given the manner in which ADEQ interprets and applies the NAAQS through its permitting program. Commenters state only sources that trigger the PSD requirements of Regulation No. 19, Chapter 9, must undergo computer modeling. Commenters believe that neither Congress nor EPA requires that SIPs apply NAAQS to individual stationary

sources as emissions standards, limitations or applicable requirements and quote EPA, "The NAAQS should not be confused with emission standards,

... The NAAQS

... serve as benchmarks from which each state derives the total emission reductions necessary to be accomplished in a given area

... Consequently, EPA does not enforce the NAAQS per se. Instead, EPA enforces emissions standards designed to contribute to achievement and maintenance of the NAAQS." (Clean Air Act Compliance/Enforcement Guidance Manual (U.S. EPA, 1986.)) Commenters also state that NAAQS are not "applicable requirements" under the Title V program, and point out that Title V permits must include all pollution control obligations under the C.A.A. that are applicable to a source under a SIP (or FIP). Commenters point out that Congress has stated that NAAQS are "the reference point for the analysis of the factors contributing to air pollution and

EXHIBIT B 27 of 34the imposition of control strategy and tactics." Commenters give examples citing responses EPA gave to petitions to object to the proposed rule for Title V permits in order to establish the argument that "the new (PM 2 .5) standard does not impose any obligation on sources" until the state identifies a specific emission reduction measure through a SIP approved by EPA.

Response: This Comment did not address any specific proposed revision; therefore, it is outside of the scope of this rulemaking. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 59: Commenters state that ADEQ has not provided adequate information in response to industry questions about the planned implementation of the NAAQS and that "there should be

a public forum for ADEQ to explain the implications of the implementation of the standards to the public and to the regulated community."

Response: This Comment did not address any specific proposed revision; therefore, it is outside of the scope of this rulemaking.

No revisions to the final rule are necessary due to this Comment.

Comment 60: Commenters state that, upon incorporation ofNAAQS into the air regulations without clarity or a binding commitment by ADEQ on how the NAAQS will be implemented, the air regulations will be more stringent than federal law.

Response: This Comment did not address any specific proposed revision; therefore, it is outside of the scope of this rulemaking. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 61: Commenters state it has been ADEQ's internal practice since at least the mid1990s to perform computer-based dispersion modeling of permittee's air pollutant emissions to predict fence line pollutant concentrations, and then compare these predictions to the NAAQS during Title V (Regulation No. 26) permit issuances/modifications. Commenters state that modeling utilizes multiple conservative assumptions (including that all emissions sources are emitting at maximum permitted hourly rates) and evaluates areas up to the facility fence line, it

can many times generate phantom concerns. Commenters note, in recent years, ADEQ has expanded the scope of modeling analyses to include additional emission source types, such as potential fugitive dust from facility roads and infrequently operated equipment (e.g., emergency generator engines). While not offered for public notice or comment, this expansion of ADEQ policy has made passing modeling much more difficult for many Title V facilities. Commenters

EXHIBIT B 28 of 34state that AERMOD, EPA's regulatory default dispersion model for near-field applications, is documented to frequently over predict ambient concentrations due to various factors, including low-level intermittent sources, such as emergency generator engine stacks, dust from unloading a grain truck, or road dust, especially for short-term averaging periods and at low wind speeds. Commenters state that, from ADEQ's Modeling Protocol, "background" concentrations, as determined from a possibly distant ambient air monitor, must be added to the modeled results for ultimate comparison with the NAAQS.

Response: This Comment did not address any specific proposed revision; therefore, it is outside ofthe scope of this rulemaking. However, to be consistent with EPA and State law in regard to emergency generators, the Department will not require dispersion modeling for evaluating or issuing air permits under Arkansas state requirements when such generators are to be operated solely for the purpose of providing emergency power during outages. Emergency generators that

are utilized to supplement power needs in other circumstances may be subject to emission evaluations in regard to NAAQS compliance.

No revisions to the final rule are necessary due to this Comment.

Comment 62: Commenters state that the proposed revisions to Regulations No. 18, No. 19 and No. 26, "when implemented through ADEQ's existing policies not made subject to public comment or consideration by the Commission, will have unacknowledged implications for permittees throughout the state, including healthcare facilities."

Response: This Comment did not address any specific proposed revision; therefore, it is outside of the scope of this rulemaking.

No revisions to the final rule are necessary due to this Comment.

Comment 63: Commenters believe there is no basis to be able to judge whether ADEQ is properly exercising its authority under Arkansas law, and states the Commission has not been provided a reasoned basis for determining whether ADEQ's proposed implementation of these NAAQS is necessary or appropriate. Commenters state that, because these factors may not be taken into account during a permitting proceeding, (see W. Black Lumber Company v. Arkansas Department o/Pollution Control & Ecology, 290 Ark. 170, 717 S.W.2d 807 (1986)), the only forum for examining and weighing these factors is during a rulemaking proceeding before the Commission such as this one.
Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking.

EXHIBIT B 29 of 34No revisions to the final rule are necessary due to this Comment.

Comment 64: Commenters believe ADEQ does not have authority to promulgate a regulation, and state that authority is reserved to the Commission (as per Ark. Code Ann. 

### § 8-4-311).

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking.

No revisions to the final rule are necessary due to this Comment.

Comment 65: Commenters state that ADEQ has not provided sufficient information on the proposed changes to Regulations No. 18, No. 19, and No. 26 to implement the 2006 NAAQS for PM2.5, the 2010 I-hr NAAQS for S02, and the 2010 I-hr NAAQS for N02. Under ADEQ's
current permitting strategy and practice, these revised NAAQS may result in strict new air permitting restrictions, limitations and obligations on stationary sources of air emissions operating in Arkansas. Commenters state that the costs associated with adoption ofthese NAAQS will depend on how ADEQ plans to implement the NAAQS, and believes that direct and indirect costs will be great, and the actual benefits will be insignificant. Commenters state that ADEQ's proposed changes do not indicate, for example, what sources ought to be controlled, what control strategies it intends to pursue, what criteria it will use to determine when and how to limit emissions in order to attain and maintain each of these NAAQS, what benefits will the strategy bring, and at what cost. In addition, Commenters do not believe ADEQ has provided sufficient information in the rulemaking packages to allow the Commission to carry out its duties under Arkansas law, or the public, to determine whether ADEQ or the Commission are properly exercising their authority.

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 66: Commenters recommend that ADEQ and the Commission adopt a policy of implementing the NAAQS through a SIP development and promulgation process, as is envisioned by Arkansas law and the C.A.A. Commenters believe that neither the C.A.A. nor EPA air regulations make NAAQS applicable directly to individual stationary sources as emissions standards or limitations or applicable requirements, and state EPA holds the position that NAAQS should not be confused with emission standards. Commenters state that emission standards apply to individual sources of air pollution or categories of industrial sources, and explains that the NAAQS, on the other hand, serve as benchmarks from which each state derives the total emission reductions necessary to be accomplished in a given area. Therefore,

EXHIBIT B 30 of 34Commenters believe that the NAAQS attainment and maintenance is a state obligation intended
to be addressed through the development of a SIP.

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 67: Commenters point out that the state has a broad array of tools to consider as part of the SIP development process, and does not believe that the development process is intended to focus solely on large stationary sources, as those sources are already covered by the "NSPS," "NESHAP" and "PSD"/nonattainment "NSR" programs. Commenters believe relevant "control strategies" apply to all types of sources. Commenters state EPA stipulates that nothing in its regulations should be construed, among other things, "to encourage a state to adopt any particular control strategy without taking into consideration the cost-effectiveness of such control strategy in relation to that of alternative control strategies." Commenters state the Arkansas legislature requires the Commission to consider when exercising its powers and responsibilities, and Ark. Code Ann. 

### § 8-4-312 requires the Commission to consider "interference with reasonable enjoyment of life by persons in the area and conduct of established enterprises that

can reasonably be expected from air contaminants," and believe it is a factor that can only truly be explored through the SIP development.

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 68: Commenters state that the Commission has an obligation to adopt the revised NAAQS as promulgated by EPA in order to maintain delegation of the air permit program under the C.A.A. and expresses concern with how the NAAQS are utilized by ADEQ during the review of individual air permit actions. Commenters believe the Commission cannot satisfy its obligations just by adding the revised NAAQS to the air regulations without also considering how the NAAQS are implemented by ADEQ through the air permitting program. Commenters state that ADEQ's implementation of the NAAQS cannot be considered apart from the NAAQS themselves.

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

EXHIBIT B 31 of 34Comment 69: Commenters state that if ADEQ continues to implement the NAAQS atthe individual pennit level through the Modeling Protocol, then it should be promulgated in accordance with the statutory requirements found at Ark. Code Ann. §§ 8-4-202 and 8-4-311(b). Thus, Commenters believe that ADEQ's application and enforcement ofthe Modeling Protocol

as a regulatory requirement goes beyond its authority since the Commission did not promulgate the Protocol.

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking.

No revisions to the final rule are necessary due to this Comment.

Comment 70: Commenters believe incorporation of the NAAQS into the air regulations is appropriate, but are concerned with ADEQ's implementation. Commenters remind the Commission of duties and conditions to consider under Ark. Code Ann. § 8-4-312 regarding the process of rulemaking action. These factors include, but are not limited to, quantity and characteristics of air contaminants in a particular area, predominant character of development of the area, availability and economic feasibility of air cleaning devices, effect on human health, effect on efficiency of industrial operation, volume of air contaminants emitted from a particular class of sources, economic and industrial development, and socio-economic value of air contamination sources.

Commenters point out that ADEQ has stated the new NAAQS, once incorporated into the air regulations, will be immediately implemented, and "that means that any pennit.

.. in-house for a major source, a renewal or a modification, even a pollution control modification, would be compared to the new standards." Commenters believe the new NAAQS, thereby, will be implemented in absence ofa SIP. Commenters state ADEQ should consider what action is needed to assure attainment and maintenance of the NAAQS across the state. Commenters conclude that federal law says NAAQS are not "applicable requirements until incorporated into a SIP."

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 71: Commenters state that "maintenance ofthe NAAQS under the C.A.A. is a substantive statute charged to ADEQ for administration, and the Commission has the authority and obligation to promulgate rules and regulations for implementation of the same." Thus,

EXHIBIT B 32 of 34Commenters state "ADEQ and the Commission should consider the total effect of ADEQ's planned implementation of the NAAQS on all Arkansans, including the regulated community." Commenters also state "planned implementation of the NAAQS through existing policies, particularly the Air Dispersion Modeling Protocol, will have an immediate and negative effect on the ability of health care facilities with high social and economic value to obtain the requisite air permits."

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking.

No revisions to the final rule are necessary due to this Comment.

Comment 72: Commenters believe ambient monitoring is sufficient for attainment of the NAAQS, and is the required method of determining attainment and maintenance of the NAAQS. Commenters believe Arkansas will be required to place additional monitors within the state [for

new N0 2 and S02 standards]. Commenters state all ambient monitoring data in Arkansas for the period of2009-2011 indicated compliance with the NAAQS for PM 2

. 5 , S02, and N02.

Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 73: Commenters state that Arkansas's air quality is satisfactory to attain these new revised NAAQS, and ADEQ has not explained what efforts are necessary to implement these

new NAAQS. Commenters state that daily measurements of air samples, rather than computer models, indicate that Arkansas will still comply with the new NAAQS proposed through these rulemakings. Commenters state that "implementation of these NAAQS will not improve existing air quality in Arkansas as currently measured, since ADEQ's air monitors show air quality below these new levels." Commenters state that, consequently, "there will be no significant environmental benefit in Arkansas from adopting and implementing the new NAAQS."

Response: ADEQ disagrees with the Commenters' assertions that because Arkansas's air quality is satisfactory to attain the revised NAAQS the implementation of the revised NAAQS will not improve air quality in Arkansas as currently measured. To state that any reduction of pollutant emissions into the environment "will not improve existing air quality" is a contradictory argument. Any reduction in pollutant levels will improve existing air quality, and ADEQ is charged with preventing, controlling, and abating pollution that could harm the health of Arkansans and the state's valuable natural resources. The Department asserts that this

EXHIBIT B 33 of 34rulemaking is necessary for the prevention, control, and abatement of air pollution in the state, and that by adopting the proposed revisions into regulation, the Commission will be fulfilling its duty to promulgate the federally required elements of the PSD program. See also Response to Comment 1.

No revisions to the final rule are necessary due to this Comment.

Comment 74: Commenters state the complexity, impact, and implementation of rules are of major concern for the oil and natural gas industry, which is active in one-third of Arkansas counties.


### Response: This Comment did not address any specific proposed revision; therefore, it is outside the scope of this rulemaking.

No revisions to the final rule are necessary due to this Comment.

By: Prepared by: Arkansas Department of Environmental Quality

Mike Bates, Air Division Chief

EXHIBIT B 34 of 34

# Public Participation

SIP Revisions:

-Public Notice Information and Public Hearing Documentation -Public Comments and Responsive Summary

### Arkansas Department of Environmental Quality
Public Notice The Arkansas Department of Environmental Quality (ADEQ) will hold a public hearing at North Little Rock October 15, 2014, to receive comments on proposed revisions to the State Imple mentation Plan for Air Pollution Control (SIP) prior to submission of the revised plan to the U.S. Environmental Protection Agency (EPA). The hearing will begin at 2:00 p.m. (Central Time) in the Commission Room at the ADEQ Headquarters Building, 5301 Northshore Drive, North Little Rock. The deadline for submitting comments on the SIP revisions is 4:30 p.m. (Central Time) October 29, 2014.

On October

17, 2006, EPA published a final rule in the Federal Register (71 Fed. Reg. 6114 4) promulgating revised National Ambient Air Quality Standards (NAAQS) for particulate matter less than 2.5 micrometers in diameter (PM 2.5 

### ). On May 16, 2008, EPA published a final rule (73 Fed. Reg. 28321) , which promulgated 2006 PM 2.5 

### NAAQS Prevention of Significant Deterioration (PSD) regulations consistent with the requirements under Section 116(a) of the Clean Air Act. On October 20, 2010, EPA published a final rule (75 Fed. Reg. 64864) for PM 2.5 

### increments, which further affected regulation of the pollutant under PSD permitting programs. Additionally, EPA revised NAAQS for four pollutants: on March 27, 2008, EPA revised the 8- hour ozone NAAQS from 0.08 parts per million (ppm) to 0.075 ppm (73 Fed. Reg. 16436, Mar 27, 2008); on No vember 12, 2008, EPA revised the lead NAAQS from a calendar quarter average of 1.5 micrograms per cubic meter (μg/m 3 

### ) to a rolling three-month average of 0.15μg/m 3 

### (73 Fed. Reg. 66964, Nov 12, 2008); on February 9, 2010, EPA added for nitrogen dioxide a pr imary 1-hour NAAQS of 100 parts per billion (ppb) and retained the primary and secondary annual standards of 53 ppb (75 Fed. Reg. 6474, Feb 9, 2010); on June 22, 2010, EPA retained the secondary 3-hour NAAQS of 0.5 ppm for sulfur dioxide, and added a 1-hour standard of 75 ppb (75 Fed. Reg. 35520, Jun 22, 2010).
The proposed SIP revisions were prepared in response to EPA’s final rules “[2006] National Ambie nt Air Quality Standards for Particulate Matter,” “Implementation of the New Source Review Program for PM 2.5 

### , ” and “PSD for PM 2.5 

### - Increments, Significant Impact Levels and Significant Monitoring Concentration.”
On Septemb er 28, 2012, ADEQ initiated 2006 PM 2.5 

### NAAQS revisions to Arkansas Pollution Control and Ecology Comm ission (APC&EC) Regulation No. 19, “Regulations of the Arkansas Plan of Implementation for Air Pollution Control,” and the APC&EC adopted revisions to Regulation No. 19 on August 22, 2014. Inclusion of the proposed revisions to the SIP will fully comply with the federal PM 2 .5 

### PSD regulations and with required elements involving PM 2.5 

### increm ents. Pending any comments received, Arkansas will submit this SIP. ADEQ is providing th e public with the opportunity to comment on this proposed SIP revision in two ways. In addition to commenting at the October 15, 2014, public hearing, interested parties may submit written or electronic mail comments prior to the comment deadline. Oral and written statements will be accepted at the hearing, but written comments are preferred in the interest of

### accuracy. 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

. Written or E-mail comments must be received by 4:30 p.m. (Central Time) October 29, 2014, in order to be considered. 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. 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 (main branch), 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/psd_sip_pn.htm

. Published September 15, 2014 Teresa Mark s, Director, Arkansas Department of Environmental Quality

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9 / 15 / 201 4 http ://classifieds.arkansasonline.com/?c=1250Arkansas Department of Environmental Quality Public Notice The Arkansas Department of Environmental Quality (ADEQ) will hold a public hearing at North Little Rock October 15, 2014, to receive comments on proposed revisions to the State Implementation Plan for Air Pollution Control (SIP) prior to submission of the revised plan to the U.S. Environmental Protection Agency (EPA). The hearing will begin at 2:00 p.m. (Central Time) in the Commission Room at the ADEQ Headquarters Building, 5301 Northshore Drive, North Little Rock. The deadline for submitting comments on the SIP revisions is 4:30 p.m. (Central Time) October 29, 2014. On October 17, 2006, EPA published a final rule in the Federal Register (71 Fed. Reg. 61144) promulgating revised National Ambient Air Quality Standards (NAAQS) for particulate matter less than 2.5 micrometers in diameter (PM2.5). On May 16, 2008, EPA published a final rule (73 Fed. Reg. 28321), which promulgated 2006 PM2.5 NAAQS Prevention of Significant Deterioration (PSD) regulations consistent with the requirements under Section 116(a) of the Clean Air Act. On October 20, 2010, EPA published a final rule (75 Fed. Reg. 64864) for PM2.5 increments, which further affected regulation of the pollutant under PSD permitting programs. Additionally, EPA revised NAAQS for four pollutants: on March 27, 2008, EPA revised the 8-hour ozone NAAQS from 0.08 parts per million (ppm) to 0.075 ppm (73 Fed. Reg. 16436, Mar 27, 2008); on November 12, 2008, EPA revised the lead NAAQS from a calendar quarter average of 1.5 micrograms per cubic meter (μg/m3) to a rolling three-month average of 0.15μg/m3 (73 Fed. Reg. 66964, Nov 12, 2008); on February 9, 2010, EPA added for nitrogen dioxide a primary 1-hour NAAQS of 100 parts per billion (ppb) and retained the primary and secondary annual standards of 53 ppb (75 Fed. Reg. 6474, Feb 9, 2010); on June 22, 2010, EPA retained the secondary 3-hour NAAQS of 0.5 ppm for sulfur dioxide, and added a 1-hour standard of 75 ppb (75 Fed. Reg. 35520, Jun 22, 2010). The proposed SIP revisions were prepared in response to EPA’s final rules “[2006] National Ambient Air Quality Standards for Particulate Matter,” “Implementation of the New Source Review Program for PM2.5,” and “PSD for PM2.5 - Increments, Significant Impact Levels and Significant Monitoring Concentration.” On September 28, 2012, ADEQ initiated 2006 PM2.5 NAAQS revisions to Arkansas Pollution Control and Ecology Commission (APC&EC) Regulation No. 19, “Regulations of the Arkansas Plan of Implementation for Air Pollution Control,” and the APC&EC adopted revisions to Regulation 

### Arkansas Online Classifieds - Arkans as Democrat-Gazett e

9 / 15 / 201 4 arkansasonline.com/?c=1250No. 19 on August 22, 2014. Inclusion of the proposed revisions to the SIP will fully comply with the federal PM2.5 PSD regulations and with required elements involving PM2.5 increments. Pending any comments received, Arkansas will submit this SIP. ADEQ is providing the public with the opportunity to comment on this proposed SIP revision in two ways. In addition to commenting at the October 15, 2014, public hearing, interested parties may submit written or electronic mail comments prior to the comment deadline. Oral and written statements will be accepted at the hearing, but written comments are preferred in the interest of accuracy. Written comments should be mailed to Mike Bates, Air Division , Arkansas Department of Environmental Quality, 5301 Northshore Drive, North Little Rock, AR 72118. Electronic ma il comments should be sent to: bates@adeq.state.ar.us. Written or E-mail comments must be received by 4:30 p.m. (Central Time) October 29, 2014, in order to be considered. 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. 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 (main branch), 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/psd_sip_pn.htm. Published September 15, 2014 Teresa Marks, Director, Arkansas Department of Environmental Quality 72804985f [72804985] Legal Notices » Environmental Permits 

### Arkansas Online Classifieds - Arkans as Democrat-Gazett e

9 / 15 / 201 4 http ://classifieds.arkansasonline.com/?c=1250

### Affidavit Regarding Arkansas's State Implementation Plan (SIP): Public Hearing for Revisions to include 

### 2006 PM2.5 National Ambient Air Quality Standards and for Prevention of Significant Deterioration

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 Arkansas's SIP.

I attest that a Public Hearing was publicly noticed September 15, 2014, and held at the ADEQ Headquarters at 2:00 p.m., on October 15, 2014. No comments were received at the Hearing. The public comment period ended October 29,2014, at 4:30 p.m. Responses to written comments received during the public comment period and a transcript of the Hearing is included as part of the record for Arkansas's proposed SIP revision for the 2006 PM 2

. 5 NMQS.

Affiant: Mike Bates, Air Division Chief Arkansas Department of Environmental Quality

SWORN AND SUBSCRIBED before me, on the

### r;A~ day of

### i()Qc~h\bIJlV ,2014.

My Commission expires: Notary Public, State of Arka as

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### Transcript: Arkansas State Implementation Plan public hearing

Date: October 15, 2014 Time: 2:00 p.m. Central Time Location: Arkansas Department of Environmental Quality building

5301 Northshore Drive North Little Rock, AR 72118-5317

1 st 

### Floor, Commission Room

“We’ll go ahead and get this hearing started. My name is Tony Davis. I’m the Branch Manage r for Air Quality Planning in the Air Division of the Arkansas Department of Environmental Qua lity. It’s now 2:02 [p.m.]. I’ll call this hearing to order.

We’r e here today for a hearing for the revisions to the Arkansas State Implementation Plan, 2006 National Ambient Air Quality Standards for Fine Particulate Matter and the Prevention of Signific ant Deterioration. As Doug said earlier, if you have not signed in, please do so. If you wish to make a comment, there is a comment card you can fill out and bring up and we’ll recognize you for comments. I don’t know that we’ll have a time limit on comments today. If you do have a comment, please fill out a card and bring it to the front. Doug ha s informed me that there are no comment cards that have been filled out or turned in. We’ll have two weeks from today to submit written comments if you do not wish to comment today. At this time, I will close the hearing. Thank you.”RESPONSIVE SUMMARY FOR STATE IMPLEMENTATION PLAN REVISION:

2006 PM 2

. 5 NAAQS PSD SIP

Pursuant to Arkansas Code Annotated § 8-4-317(b)(2)(B)(i), Arkansas Department of Environmental Quality ("ADEQ") must prepare a record of the public process in the form ofa written response to each issue raised during the public comment period. A responsive summary groups public comments into similar categories and explains why ADEQ accepts or rejects the rationale for each category.

On September 28,2012, ADEQ filed with the Commission a Petition to Adopt Rulemaking to Amend Regulation No. 19, Regulations a/the Arkansas Plan a/Implementation/or Air Pollution Control, Commission Docket No. 12-01O-R. Subsequently, ADEQ prepared a State Implementation Plan ("SIP") revision related to the rulemaking, which included the finalized revised NAAQS for particulate matter less than 2.5 micrometers in diameter ("PM 2

. 5 ") (71 Fed. Reg. 61144, October 17,2006); Implementation of the New Source Review Program for PM 2

. 5 " (73 Fed. Reg. 28321, May 16,2008); and the Prevention of Significant Deterioration for PM 2

. 5

- Increments, Significant Impact Levels and Significant Monitoring Concentration" (75 Fed. Reg. 64864, October 20, 2010).

On October 15, 2014, ADEQ Air Division Planning Branch Manager, Tony Davis, acted as Hearing Officer and conducted a public hearing for SIP revisions. The public comment period ended October 29,2014. Comments received during the public comment period are summarized and a response for each is given below.

Comment 1: The Commenter "supports the proposed SIP revisions to satisfy the requirements for the 2006 PM2.5 PSD elements and the adoption of the new standards for the other four criteria pollutants under the Arkansas PSD program."
Response: The Department acknowledges this Comment.

No revisions to the final SIP are necessary due to the comments received.

Comment 2: The Commenter acknowledges that "for any standard or requirement incorporated

as an element of the proposed SIP, Arkansas statute requires the record to include a written explanation of the rationale for the proposal, demonstrating the reasoned consideration of the factors in Ark. Code Ann. § 8-4-312 as applicable, the need for each measure in attaining or maintaining the NAAQS, and that any requirements or standards are based upon generally accepted scientific knowledge and engineering practices," and ADEQ has satisfied this requirement by reference to identical applicable federal regulations. In addition, the Commenter points out in future SIP submittals a "more substantial written explanation to satisfy this requirement" may be required.Response: The Department acknowledges this Comment.

No revisions to the final SIP are necessary due to the comments received.

ADEQ also acknowledges a late comment received after 4:30 p.m. on October 29,2014, in SUppOlt of the proposed SIP revisions to satisfy the requirements for the 2006 PM 2

. 5 PSD elements and the other criteria pollutants under the Arkansas PSD program.

Prepared by: Arkansas Department of Environmental Quality

Mike Bates, Chief, Air Division

# Tab I:

State Requirements for State Implementation Plan DevelopmentArkansas State Implementation Plan Revision State Requirements: SIP Development

1 of 3 

### State Requirements: State Implementation Plan (“SIP”) Development Demonstration of Rationale for Proposed SIP Revision:
Under Arkansas Code Annotated (“Ark. Code Ann. ”) § 8-4-317(b)(1)(C), in developing and implementing a state implementation plan, the Arkansas Department of Environmental Quality (“ADEQ” ) shall include a written explanation of the rationale for the proposal, demonstrating the reasoned consideration of the factors in exercising powers as defined in Ark. Code Ann. § 8-4- 312 , as applicable.

These factors include:

 The quantity and characteristics of air contaminants and the duration of their presence in the atmosphere that may cause air pollution in a particular area of the state;

 Existing physical conditions and topography;

 Prevailing wind directions and velocities;

 Temperatures and temperature-inversion periods, humidity, and other atmospheric conditions;

 Possible chemical reactions between air contaminants or between such air contaminants and air gases, moisture, or sunlight;

 The predominant character of development of the area of the state such as residential, highly developed industrial, commercial, or other characteristics;

 Availability of air-cleaning devices;

 Economic feasibility of air-cleaning devices;

 Effect on normal human health of particular air contaminants;

 Effect on efficiency of industrial operation resulting from use of air-cleaning devices;

 The extent of danger to property in the area reasonably to be expected from any particular air contaminant;

 Interference with reasonable enjoyment of life by persons in the area and conduct of established enterprises that can reasonably be expected from air contaminants;

 The volume of air contaminants emitted from a particular class of air contamination sources;

 The economic and industrial development of the state and the social and economic value of the air contamination sources;

 The maintenance of public enjoyment of the state's natural resources; and

 Other factors that AD EQ or the Arkansas Pollution Control and Ecology Commission (“APC&EC”) may find applicable. When ADEQ develops a proposed SIP by incorporating identical federal rules, the demonstration required under subdivision Ark. Code Ann. § 8-4-317(b)(1)(C)(i) may be satisfied by re ference to the federal regulation(s). The major ch anges adopted in Reg. No. 19 for this proposed SIP revision included incorporation of provisions of E PA’s final rules “National Ambient Air Quality Standards [“NAAQS”] for Particulate Matter,” which finalized revised NAAQS for particulate matter less than 2.5Arkansas State Implementation Plan Revision State Requirements: SIP Development

2 of 3 

### micrometers in diameter (“PM 2.5 

### ”) (71 Fed. Reg. 61144, October 17, 2006), “Implementation of the New Source Review [“NSR”] Program for PM 2.5 

### ” (73 Fed. Reg. 28321, May 16, 2008), and “Prevention of Significant Deterioration [“PSD”] for PM 2.5 

### - Increments, Significant Impact Levels and Significant Monitoring Concentration” (75 Fed. Reg. 64864, October 20, 2010).

Result ing regulatory amendments adopted into Reg. No. 19 related to the PSD PM 2.5 

### Arkansas SIP included :
A. Revision of APC&EC Reg. No. 19, Chapter 2 : i. the ex isting definitions of “Particulate Matter Emissions,” “PM 2.5 

### ,”“PM 10 

### emissions,” and “National Ambient Air Quality Standards;” and ii. addition of a new definition for “PM 2.5 

### emissions;” B. Deletion of “which are in effect as of the effective date of this regulation” and clarification of applicability by addition of a reference to Chapter 9 at Reg.19.502 ; C. Add ition of language to Reg. No. 19.502(B) “Any ambient air increment pursuant to Chapter 9 of this regulation;” D. Revision of the definition of “Regulated NSR Pollutant” at Reg. 19.903(B) and addition of a new definition for “subject to regulation” at Reg. 19.903(C) ; E. Updating incorporation by reference dates for: i. 40 CFR §§ 52.21(b)(14)(i), (b)(14)(ii), (b)(15), (c), (k)(1), and (p) at Reg. 19.904 and for 40 CFR § 51.301 at Reg.19.903(C) to October 20, 2010, which include
necessa ry elements of the PSD program, and ii. 40 CFR § 52.21(b)(23), 40 CFR 52.21(i)(5)(ii), and 40 CFR 52.21(i)(5)(iii) at Reg. 19.904(A) to May 16, 2008, which include EPA’s required significant emission rates for PM 2.5 

### ; and F. Incorporation by reference of 40 CFR 52.21(b)(14)(iii) as of October 20, 2010, and of 40 CFR 52.21(i)(5)(ii) and 40 CFR 52.21(i)(5)(iii) as of May 16, 2008 at Reg.19.904(A) , which include provisions necessary to administer the PSD permitting program.

It was essential to adopt these provisions in order for ADEQ to retain authority to implement Arkansas’s PSD air permitting program, thereby avoiding a Federal Implementation Plan. As the standards and requirements adopted in Reg. No. 19 were taken directly from federal rule and through incorporation by reference of federal provisions, no further analysis is required to meet ADEQ’s obli gations under Ark. Code Ann. §§ 8-4-317(b)(1)(C)(i) and (ii).

Arkansas state law and APC&EC Regulation No. 8 provide the administrative procedure to initiate rulemaking and are designed to ensure public notice and comment requirements are met. Both the rulemaking and SIP development process es must ensure that the public has the opportunity to review proposed changes and provide comment, and that any legal challenges to the amended regulations can be properly answered.Arkansas State Implementation Plan Revision State Requirements: SIP Development

3 of 3 

### Pursuant to Ark. Code Ann. § 8-4-317(b)(1)(A), ADEQ published notice of proposed SIP action and public hearing information in the Arkansas Democrat-Gazette, a newspaper of statewide circulation. The APC&EC held a public hearing on October 15, 2014, and provided a 30-day public comment period to afford any interested party the opportunity to submit comments on the proposed stat e implementation plan in its entirety as required under Ark. Code Ann. §§ 8-4- 317(b)(1)(A ) and (B), prior to official submittal to EPA for review. At the conclusion of the public c omment period and before transmittal to the Governor for submittal to EPA, ADEQ p rovided written notice of its final decisions regarding the SIP submittal to all persons who submitted public comm ents, as required under Ark. Code Ann. §§ 8-4 -317(b)(2)(A) and (B).