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 ("PM2.5") (71 Fed. Reg. 61144, October 17, 2006); 

• "Implementation of the New Source Review ["NSR"] Program for PM2.s" (73 

Fed. Reg. 28321, May 16, 2008); 

• "Prevention of Significant Deterioration ["PSD"] for PM2.5 - 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/m3

") to a rolling three-month 

average of0.15J.Lg/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 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 

(PM2.5) & 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 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: 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 Letter 

 
STATE OF ARKANSAS 

MIKE BEEBE 

GOVERNOR 

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 ("PM2.s") (71 Fed. Reg. 61144, October 17,2006); 

• "Implementation of the New Source Review ["NSR"] Program for PM2.s" (73 

Fed. Reg. 28321, May 16, 2008); 

• "Prevention of Significant Deterioration ["PSD"] for PM2.5 - 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 CAPITOL, SUiTE 25d Qfr1TTLE ROCK, AR 72201 

TELEPHONE (501 ) 682-2345 • F,'\X (501) 682-1382 

INTERNET WEB SITE • W\vw.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 PM2.5 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. 19 

 
1 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 (“PM2.5”). 

On May 16, 2008, EPA published a final rule (73 Fed. Reg. 28321), promulgating 2006 PM2.5

NAAQS Prevention 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 PM2.5 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 micrograms per cubic meter (μg/m3) to a rolling three-month average of 0.15μg/m3

(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 implement the PSD permitting program in Arkansas and to allow the Arkansas 

Department of 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, 2013, 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 December 19, 2012. ADEQ worked closely with EPA and stakeholders to produce 

the most equitable 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 Welfare 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, 2014. Following the Commission’s approval, the regulation was filed with the Arkansas 

Secretary of State, and revisions outlined herein are fully effective as of September 13, 2014. 

ADEQ prepared revisions to the SIP and on September 15, 2014, published notice of SIP draft 

availability and of a SIP public hearing scheduled for October 15, 2014. The public comment 

period for SIP revisions 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 PM2.5,” and “PSD for PM2.5 - Increments, Significant Impact 

Levels and Significant Monitoring Concentration,” and in response to revised NAAQS 

promulgated by 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,” 

“PM2.5,”“PM10 emissions,” and “National Ambient Air Quality Standards,” and 

addition of a definition for “PM2.5 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 October 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 PM2.5; 

 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, PSD 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. 

Furthermore, 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 22nd 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 Plan 

 
1 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

Ark. Code Ann. § 8-1-203 

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

Commission.

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

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

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

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

the Arkansas Department of Environmental Quality for administration. 

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

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

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

environmental benefit of such rule or regulation on the people of the State of Arkansas, including 

those entities that will be subject to the regulation. 

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

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

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

defined in the commission's rulemaking required under subdivision (b)(1)(C) of this section. It 

will include a written report which shall be available for public review along with the proposed 

rule in the public comment period. 

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

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

impact and benefits of the more stringent regulation; 

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

law that the commission deems necessary to secure public participation in environmental 

decision-making processes; 

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

or contesting department actions; 

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

grants decision rendered by the Director of the Arkansas Department of Environmental Quality 

or his or her delegatee; 
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 applicable 
4 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 law 

that 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 permit has 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 primary and secondary national ambient air quality standards, and may consider 

establishing credits for air pollutants other than those designated as criteria air pollutants by the 

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

Ark. Code Ann. § 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 

all 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 the 
10 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 

Environmental 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 Comment.

Originally proposed deletion of language, this part added or retained after Public Comment.
Proposed Regulation No. 19: 

-As Initiated for Revision September 28, 2012 

 
EXHIBIT 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

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

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

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

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

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

CHAPTER 3: PROTECTION OF THE NATIONAL AMBIENT AIR QUALITY 

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

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

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

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

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

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

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

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

Reg. 19.403 Owner/Operator's Responsibilities ............................................................. 4-2

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 Amendments ................................................................................... 4-6

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Reg. 19.904 Adoption of Regulations............................................................................. 9-3

CHAPTER 10: REGULATIONS FOR THE CONTROL OF VOLATILE ORGANIC 

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

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

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

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

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

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

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

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

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

CHAPTER 13: STAGE I VAPOR RECOVERY ..................................................................... 13-1

Reg. 19.1301 Purpose ................................................................................................... 13-1

Reg. 19.1302 Applicability ........................................................................................... 13-1

Reg. 19.1303 Definitions .............................................................................................. 13-1

Reg. 19.1304 Exemptions ............................................................................................. 13-4

Reg. 19.1305 Prohibited Activities ............................................................................... 13-4

Reg. 19.1306 Record Keeping ...................................................................................... 13-5

Reg. 19.1307 Inspections .............................................................................................. 13-5

Reg. 19.1308 Vapor Recovery Systems ....................................................................... 13-6

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

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

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

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

CHAPTER 14: CAIR NOX OZONE SEASON TRADING PROGRAM GENERAL 

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

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

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

Reg. 19.1403 Timing Requirements for CAIR NOx Ozone Season Allowance 

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

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

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

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

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

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

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

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

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

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

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

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

APPENDIX A: INSIGNIFICANT ACTIVITIES LIST ............................................................ 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. 

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

computed by multiplying the mass amount of emissions tpy, for each of the six greenhouse gases 

in the pollutant GHGs, by the gas’s associated global warming potential published at Table A - 1 

to sSubpart 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 CO2 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 CO2e emissions or more; and 

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

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

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

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

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

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

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

are meeting that law or regulation. 

“Greenhouse gases” (GHGs) means the aggregate group of six greenhouse gases: carbon 

dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

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

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

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

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

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

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 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.

“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. 

“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 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. 

“PM2.5 emissions” means PM2.5 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. 

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

10 micrometers as measured by a reference method based on Appendix J of 40 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. 

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

reference method, or an equivalent or alternate method, specified in 40 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 (C4F9OCH3 or HFE-7100);

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

 ((CF3)2CFCF2OCH3);

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

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

 ((CF3)2CFCF2OC2H5);

methyl acetate; 

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

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

 (HFE-7500) 

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

methyl formate (HCOOCH3); 

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

propylene 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 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 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 hereinunder and which was installed and in 

operation, or for which a permit had been issued by the Department prior to January 

30, 1972, to exceed the following limitations: 

 (1) Emissions shall not exceed 40% 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 hereinunder which was installed or 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 

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) 

are incorporated into this chapter by reference as of September 12, 1986. 

Reg. 19.505 Revised Emissions Limitation 

The emissions 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 PM2.5 in all attainment and 

unclassifiable areas. 

(c) Nitrogen oxides are presumed to be precursors to PM2.5 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 PM2.5

concentrations. 

(d) Volatile organic compounds are presumed not to be precursors to 

PM2.5 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 PM2.5 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 
9-3

precursor of a general pollutant listed under Section 108 of the Act as of July 27, 

2012; and 

(6) PM2.5 emissions and PM10 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 PM2.5, and PM10 in PSD permits. Compliance with emissions 

limitations for PM2.5, and PM10 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 federal 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) 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 
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 

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.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 Code 

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) “CO2 equivalent emissions” (CO2e) shall represent an amount of GHGs 

emitted, and shall be computed as follows: 

(a) Multiplying the mass amount of emissions in tpy, for each of the six 

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

warming potential published at Table A - 1 to sSubpart A of 40 

CFRC.F.R. pPart 98 - Global Warming Potentials (as of October 30, 

2009); and 

(b) Sum the resultant values from Reg. 19.904(G)(2)(a) for each gas to 

compute a tpy CO2e.

(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 CO2e, and shall be calculated assuming the pollutant GHGs is a 

regulated NSR pollutant, and “significant” is defined as 75,000 tpy CO2e instead 

of applying the value in 40 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 CO2e or more; or

(b) The stationary source is an existing major stationary source for a regulated 

NSR pollutant that is not GHGs, and also will have an emissions increase 

of a regulated NSR pollutant, and an emissions increase of GHGs of 

75,000 tpy CO2e or more. 

(5) Beginning July 1, 2011, in addition to the provisions in Reg.19.904(G)(4) of this 

section, the pollutant GHGs shall also be subject to regulation: 

(a) At a new stationary source that will emit or have the potential to emit 

100,000 tpy CO2e or more; or 

(b) At an existing stationary source that emits or has the potential to emit 

100,000 tpy CO2e or more, when such stationary source undertakes a 

physical change or change in the method of operation that will result in an 

emissions increase of 75,000 tpy CO2e or more. 

(6) If federal legislation or a federal court stays, invalidates, delays the effective date 

of, or otherwise renders unenforceable, in whole or in part, EPA’s regulation of 

greenhouse gases, then the provisions of Regulation 19 concerning greenhouse 

gases based thereon shall be stayed and shall not be enforceable until such time as 

the Commission makes a final decision on whether or not to revise Regulation 19 

due to the federal legislation or federal court order. 
ARKANSAS POLLUTION CONTROL 

AND ECOLOGY COMMISSION 

REGULATION NO. 19 

APPENDIX 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. 

Pollutant 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

Primary and 

secondary

Rolling 3 

month 

average

0.15 

μg/m3

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 Annual Mean

Ozone 73 FR 

16436

March 27, 

2008

Primary and 

secondary

8-hour 0.075 

ppm 

Annual fourthhighest daily 

maximum 8-hr 

concentration, 

averaged over 3 

years

Particle 

Pollution, 

PM2.5

71 FR 

61144, 

October 

17, 2006

Primary and 

secondary

Annual 15 μg/m3 Annual mean, 

averaged over 3 

years

24-hour 35 μg/m398th percentile, 

averaged over 3 

years

Particle 

Pollution, 

PM10

71 FR 

61144, 

October 

17, 2006

Primary and 

secondary

24-hour 150 

μg/m3

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

CHAPTER 3: PROTECTION OF THE NATIONAL AMBIENT AIR QUALITY 

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

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

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

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

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

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

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

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

Reg. 19.403 Owner/Operator's Responsibilities ............................................................. 4-2

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 Amendments ................................................................................... 4-6

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

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

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

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

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

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

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

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

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

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

Reg. 19.417 Registration............................................................................................... 4-16
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 CONDITIONS .................................................... 6-1

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Reg. 19.904 Adoption of Regulations ............................................................................. 9-4

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 Applicability ........................................................................................... 13-1

Reg. 19.1303 Definitions .............................................................................................. 13-1

Reg. 19.1304 Exemptions ............................................................................................. 13-3

Reg. 19.1305 Prohibited Activities ............................................................................... 13-4

Reg. 19.1306 Record Keeping ...................................................................................... 13-5

Reg. 19.1307 Inspections .............................................................................................. 13-5

Reg. 19.1308 Vapor Recovery Systems ....................................................................... 13-5

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

Reg. 19.1310 Owner/Operator Responsibility .............................................................. 13-6

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

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

CHAPTER 14: CAIR NOX OZONE SEASON TRADING PROGRAM GENERAL 

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

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

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

Reg. 19.1403 Timing Requirements for CAIR NOx Ozone Season Allowance 

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

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

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

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

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

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

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

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

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

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

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

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

APPENDIX A: INSIGNIFICANT ACTIVITIES LIST ............................................................ A-1

APPENDIX B: NATIONAL AMBIENT AIR QUALITY STANDARDS LIST .......................B-0
2-1

CHAPTER 2: DEFINITIONS

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

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

regulation: 

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

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

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

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

or amount of material processed. 

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

computed by multiplying the mass amount of emissions tpy, for each of the six greenhouse gases 

in the pollutant GHGs, by the gas’s associated global warming potential published at Table A - 1 

to sSubpart 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 CO2 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; 

(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 CO2e 

emissions or more; and 

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

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

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

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

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

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

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

are meeting that law or regulation. 

“Greenhouse gases” (GHGs) means the aggregate group of six greenhouse gases: carbon 

dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

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

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

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

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

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

previously emitted, except that: 

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

 change, and 

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

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

operating capacity of the source; 
2-4

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

permit conditions; or

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

applicable air permit conditions. 

(C) De Minimis changes, as defined in Reg. 19.407(C), and changes in ownership shall not be 

considered. 

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

standards promulgated by the EPA in 40 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” 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 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

“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 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 CFR Part 53.

“PM2.5 emissions” means PM2.5 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 December 8, 1984July 27, 2012, or by a test method specified in these regulations or any 

supplement thereto. 

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

10 micrometers as measured by a reference method based on Appendix J of 40 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. 

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

reference method, or an equivalent or alternate method, specified in 40 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 
2-6

 duly authorized representative or such person if the representative is responsible 

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

 facilities applying for or subject to a permit and either: 

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

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

dollars); or 

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

Department; 

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

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

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

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

responsibility for the overall operations of a principal geographic unit of the agency (e.g., 

a Regional Administrator of EPA); or 

(D) For acid rain sources: 

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

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

are concerned; and 

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

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

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

“Shutdown” means the cessation of operation of equipment. 

“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); 

tetrachloroethylene (perchloroethylene); 

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

trichlorofluoromethane (CFC-11); 

dichlorodifluoromethane (CFC-12); 

chlorodifluoromethane (HCFC-22); 

trifluoromethane (HFC-23); 

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

chloropentafluoroethane (CFC-115); 

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

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

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

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

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

pentaflurorethane (HFC-125); 

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

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

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

parachlorobenzotrifluoride (PCBTF); 

cyclic, branched, or linear completely methylated siloxanes; 

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

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

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

difluoromethane (HFC-32); 
2-8

ethylfluoride (HFC-161); 

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

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

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

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

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

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

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

chlorofluoromethane (HCFC-31); 

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

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

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

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

 ((CF3)2CFCF2OCH3);

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

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

 ((CF3)2CFCF2OC2H5);

methyl acetate; 

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

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

 (HFE-7500) 

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

methyl formate (HCOOCH3); 

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

propylene 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 

(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 hereinunder and which was installed and in operation, or for 

which a permit had been issued by the Department prior to January 30, 1972, to exceed 

the following limitations: 

(1) Emissions shall not exceed 40% 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 hereinunder which was installed or 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 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) 

are incorporated into this chapter by reference as of September 12, 1986. 

Reg. 19.505 Revised Emissions Limitation 

The emissions 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 
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. 
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 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 

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 PM2.5 in all attainment and unclassifiable 

areas. 

(c) Nitrogen oxides are presumed to be precursors to PM2.5 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 PM2.5 concentrations. 

(d) Volatile organic compounds are presumed not to be precursors to PM2.5 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 PM2.5 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) PM2.5 emissions and PM10 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 PM2.5, and PM10 in PSD permits. Compliance with 

emissions limitations for PM2.5, and PM10 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 sectionchapter.

(B)(C) For the purpose of this chapter, “subject to regulation” means, for any air pollutant, that 

the 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 CFRC.F.R. § 52.21(b) [PSD] and 40 CFRC.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 isare 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)(iii), 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. 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 

CFRC.F.R. § 52.21(i)(9), and 40 CFRC.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 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 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 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 CFRC.F.R. § 52.21(p)(1) as of November 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 CFRC.F.R. § 52.21 

refer to the Administrator or the Environmental Protection Agency, the reference, for the 
9-6

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 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) “CO2 equivalent emissions” (CO2e) shall represent an amount of GHGs 

emitted, and shall be computed as follows: 

(a) Multiplying the mass amount of emissions in tpy, for each of the six 

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

warming potential published at Table A - 1 to sSubpart A of 40 

CFRC.F.R. pPart 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 CO2e.

(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 CO2e, and shall be calculated assuming the pollutant GHGs is a 

regulated NSR pollutant, and “significant” is defined as 75,000 tpy CO2e instead 

of applying the value in 40 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 CO2e or more; or 

(b) The stationary source is an existing major stationary source for a regulated 

NSR pollutant that is not GHGs, and also will have an emissions increase 

of a regulated NSR pollutant, and an emissions increase of GHGs of 

75,000 tpy CO2e or more. 

(5) Beginning July 1, 2011, in addition to the provisions in Reg.19.904(G)(4) of this 

section, the pollutant GHGs shall also be subject to regulation: 

(a) At a new stationary source that will emit or have the potential to emit 

100,000 tpy CO2e or more; or 

(b) At an existing stationary source that emits or has the potential to emit 

100,000 tpy CO2e or more, when such stationary source undertakes a 

physical change or change in the method of operation that will result in an 

emissions increase of 75,000 tpy CO2e or more. 
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/m3

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 fourthhighest daily 

maximum 8-hr 

concentration, 

averaged over 3 

years

Chapter 9

Particle 

Pollution, 

PM2.5

71 FR 61144, October 17, 

2006

Primary and 

secondary

Annual 15 μg/m3 Annual mean, 

averaged over 3 

years

Chapter 9

24-hour 35 μg/m398th 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, 

PM10

71 FR 61144, October 17, 

2006

Primary and 

secondary

24-hour 150 

μg/m3

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

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

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

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

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

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

CHAPTER 3: PROTECTION OF THE NATIONAL AMBIENT AIR QUALITY 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Reg. 19.417 Registration............................................................................................... 4-16
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 CONDITIONS .................................................... 6-1

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Reg. 19.904 Adoption of Regulations............................................................................. 9-4

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 Applicability ........................................................................................... 13-1

Reg. 19.1303 Definitions .............................................................................................. 13-1

Reg. 19.1304 Exemptions ............................................................................................. 13-3

Reg. 19.1305 Prohibited Activities ............................................................................... 13-4

Reg. 19.1306 Record Keeping ...................................................................................... 13-5

Reg. 19.1307 Inspections .............................................................................................. 13-5

Reg. 19.1308 Vapor Recovery Systems ....................................................................... 13-5

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

Reg. 19.1310 Owner/Operator Responsibility .............................................................. 13-6

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

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

CHAPTER 14: CAIR NOX OZONE SEASON TRADING PROGRAM GENERAL 

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

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

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

Reg. 19.1403 Timing Requirements for CAIR NOx Ozone Season Allowance 

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

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

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

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

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

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

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

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

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

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

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

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

APPENDIX A: INSIGNIFICANT ACTIVITIES LIST ............................................................ 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. 

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

computed by multiplying the mass amount of emissions tpy, for each of the six greenhouse gases 

in the pollutant GHGs, by the gas’s associated global warming potential published at Table A - 1 

to subpart A of 40 CFR Part 98 - Global Warming Potentials (which is incorporated by reference 

as finalized by EPA as of October 30, 2009), and summing the resultant value for each to 

compute a tpy CO2 equivalent emissions. For purposes of this definition, prior to July 21, 2014, 

the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions 

resulting from the combustion or decomposition of non-fossilized and biodegradable organic 

material originating from plants, animals, or micro-organisms (including products, by-products, 

residues and waste from agriculture, forestry and related industries as well as the non-fossilized 

and biodegradable organic fractions of industrial and municipal wastes, including gases and 

liquids recovered from the decomposition of non-fossilized and biodegradable organic material). 

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

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

40 CFR 51.165, and 40 CFR 52.21. 

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

emission of any federally regulated air pollutants. 
2-2

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

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

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

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

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

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

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

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

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

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

reduction. 

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

has the potential to emit any federally regulated air pollutant. 

“EPA” means the United States Environmental Protection Agency. 

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

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

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

the equipment. 

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

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

effective date of this regulation. 

“Federally regulated air pollutant” means the following: 

(A) Nitrogen oxides or any volatile organic compounds; 
2-3

(B) Any pollutant for which a National Ambient Air Quality Standard has been 

 promulgated; 

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

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

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

Title VI of the Clean Air Act, 42 U.S.C. §§ 7401, et seq. as amended as of July 1,1997. 

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

GHG emissions are: 

(1) from a stationary source emitting or having the potential to emit 75,000 tpy CO2e 

emissions or more; and 

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

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

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

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

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

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

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

are meeting that law or regulation. 

“Greenhouse gases” (GHGs) means the aggregate group of six greenhouse gases: carbon 

dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

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

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

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

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

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

previously emitted, except that: 
2-4

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

 change, and 

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

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

operating capacity of the source; 

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

permit conditions; or 

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

applicable air permit conditions. 

(C) De Minimis changes, as defined in Reg. 19.407(C), and changes in ownership shall not be 

considered. 

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

standards promulgated by the EPA in 40 CFR Part 50 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 
2-5

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. 

“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 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 CFR Part 53.

“PM2.5 emissions” means PM2.5 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. 

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

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

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

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

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

M as of 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. 
2-6

“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. 
2-7

“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); 

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); 
2-8

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 (C4F9OCH3 or HFE-7100);

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

 ((CF3)2CFCF2OCH3);

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

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

 ((CF3)2CFCF2OC2H5);

methyl acetate; 

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

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

 (HFE-7500) 

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

methyl formate (HCOOCH3); 

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

and perfluorocarbon compounds which fall into these classes: 

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

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

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

unsaturations; and 

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

to carbon and fluorine. 
2-9

(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. 
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 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) Any 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 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. 
5-2

(B) No person shall cause or permit visible emissions (other than uncombined water vapor) 

from new equipment identified hereinunder which was installed or permitted by the 

Department after January 30, 1972, to exceed the following limitations or to exceed any 

applicable visible 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, 

Appendix A).

Reg. 19.504 Stack Height/Dispersion Regulations 

The stack 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 this chapter by reference as of September 12, 1986. 

Reg. 19.505 Revised Emissions Limitation 

The emissions 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 
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. 
9-1

CHAPTER 9: PREVENTION OF SIGNIFICANT DETERIORATION 

Reg. 19.901 Title 

The following rules and regulations of the Arkansas Pollution Control and Ecology Commission, 

adopted in accordance with the provisions of Part II of the Arkansas Water and Air Pollution 

Control Act at A.C.A. §§ 8-4-101 et seq., shall be known as the Prevention of Significant 

Deterioration Regulations of the Arkansas Plan of Implementation for Air Pollution Control, 

hereinafter referred to, respectively, as the “PSD Regulations.” 

Reg. 19.902 Purposes 

Promulgation and enforcement of these PSD Regulations is intended to further the purposes of 

the Plan and the Regulations of the Plan, including, but not limited to, acceptance of delegation 

by the EPA of authority for enforcement of regulations governing the prevention of significant 

deterioration of air quality and regulations governing the protection of visibility in mandatory 

Class I federal areas. 

Reg. 19.903 Definitions 

(A) “Advance notification” (of a permit application) means any written communication 

which establishes the applicant's intention to construct, and which provides the 

Department with sufficient information to determine that the proposed source may 

constitute a major new source or major modification, and that such source may affect any 

mandatory Class I federal area, including, but not limited to, submittal of a draft or partial 

permit application, a PSD monitoring plan, or a sufficiently detailed letter. “Advance 

notification” does not include general inquiries about the Department’s regulations. 

(B) “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: 
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 PM2.5 in all attainment and unclassifiable 

areas. 

(c) Nitrogen oxides are presumed to be precursors to PM2.5 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 PM2.5 concentrations. 

(d) Volatile organic compounds are presumed not to be precursors to PM2.5 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 PM2.5 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) PM2.5 emissions and PM10 emissions shall include gaseous emissions from a 
9-3

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 28, 2012, such condensable particulate matter shall be 

accounted for in applicability determinations and in establishing emissions 

limitations for PM2.5, and PM10 in PSD permits. Compliance with emissions 

limitations for PM2.5, and PM10 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, that 

the 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 

Visibility] 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), as 

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 on 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)(iii), 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. 

In the absence of a specific imposition of responsibility or grant of authority, the 

Department shall be deemed to have that responsibility and authority necessary to attain 

the purposes of the Plan, these PSD Regulations, and the applicable federal regulations, 

as incorporated herein by reference. 

(B) Exclusions from the consumption of increments, as provided in 40 CFR 51.166(f)(1)(iii)

as of November 29, 2005, shall be effective immediately. Submission of this Plan under 

the Governor's signature constitutes a request by the Governor for this exclusion. 
9-5

(C) In addition to the requirements of 40 CFR 52.21(o) as of November 29, 2005, the 

following requirements [designated as Reg. 19.904(C)(1),(2),(3) and (4)] shall also apply:

(1) Where air quality impact analyses required under this part indicate that the 

issuance of a permit for any major stationary source or for any major modification 

would result in the consumption of more than fifty percent (50%) of any available 

annual increment or eighty percent (80%) of any short term increment, the person 

applying for such a permit shall submit to the Department an assessment of the 

following factors: 

(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 also 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) For the purpose of the regulation of GHGs, only the standards and requirements 

promulgated by EPA as of June 3, 2010, related to the permitting of GHG emissions shall 

apply to the requirements of 40 CFR 52.21, as of November 29, 2005, incorporated by 

reference at Reg.19.904(A). The following definitions and requirements shall also apply:

(1) “Greenhouse gases” (GHGs) means the air pollutant defined as the aggregate 

group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, 

hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be 

subject to regulation except as provided in Reg. 19.904(G)(4) through 

Reg.19.904(G)(5), 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) The term tons per year (tpy) “CO2 equivalent emissions” (CO2e) shall 

represent an amount of GHGs emitted, and shall be computed as follows:

(i) Multiplying the mass amount of emissions in tpy, for each of the 

six greenhouse gases in the pollutant GHGs, by each gas’s 

associated global warming potential published at Table A - 1 to 

subpart A of 40 CFR part 98 - Global Warming Potentials (as of 

October 30, 2009); and

(ii) Sum the resultant values from Reg. 19.904(G)(2)(a) for each gas to 

compute a tpy CO2e.

(b) For purposes of this definition, prior to July 21, 2014, the mass of the 

greenhouse gas carbon dioxide shall not include carbon dioxide emissions 

resulting from the combustion or decomposition of non-fossilized and 

biodegradable organic material originating from plants, animals, or microorganisms (including products, by-products, residues and waste from 

agriculture, forestry and related industries as well as the non-fossilized and 

biodegradable organic fractions of industrial and municipal wastes, 

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

(3) The term “emissions increase” as used in Reg. 19.904(G)(4) through Reg. 

19.904(G)(5) shall mean that both a significant emissions increase (as calculated 

using the procedures in 40 CFR 52.21(a)(2)(iv), as of November 29, 2005), and a 

significant net emissions increase (as defined in 40 CFR 52.21(b)(3), as of 

November 29, 2005, and 40 CFR 52.21(b)(23), as of November 29, 2005), occur. 

For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, and 

shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, 

and “significant” is defined as 75,000 tpy CO2e instead of applying the value in 

40 CFR 52.21(b)(23)(ii), as of November 29, 2005.
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 CO2e or more; or

(b) The stationary source is an existing major stationary source for a regulated 

NSR pollutant that is not GHGs, and also will have an emissions increase 

of a regulated NSR pollutant, and an emissions increase of GHGs of 

75,000 tpy CO2e or more. 

(5) Beginning July 1, 2011, in addition to the provisions in Reg.19.904(G)(4) of this 

section, the pollutant GHGs shall also be subject to regulation: 

(a) At a new stationary source that will emit or have the potential to emit 

100,000 tpy CO2e or more; or 

(b) At an existing stationary source that emits or has the potential to emit 

100,000 tpy CO2e or more, when such stationary source undertakes a 

physical change or change in the method of operation that will result in an 

emissions increase of 75,000 tpy CO2e or more. 
ARKANSAS 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 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/m3 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 fourthhighest daily 

maximum 8-hr 

concentration, 

averaged over 3 

years

Chapter 9

Particle 

Pollution, 

PM2.5

71 FR 61144, October 17, 

2006

Primary and 

secondary Annual 15 μg/m3

Annual mean, 

averaged over 3 

years

Chapter 9

24-hour 35 μg/m3

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, 

PM10

71 FR 61144, October 17, 

2006

Primary and 

secondary 24-hour 150 μg/m3

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
ARKANSAS 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~ . ~i\r\A.N;,AS -L~RY ~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 32 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 22nd 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 Form 

 
ADEQ 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 of publication 

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 2 
S. 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~ . ~i\r\A.N;,AS -L~RY ~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 32 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 Summary 

 
NOTICE 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 deadline 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, and 26 is found in Arkansas Code Annotated, 

Section 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 (PM2.5), particulate matter up to 10 micrograms in size 

(PM10), ozone, lead, nitrogen dioxide, and sulfur dioxide. 

In general, the proposed changes to Regulations 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 “PM2.5” were added. 

Reg.18.301 was revised to add permitting thresholds for PM2.5, and Reg.18.307(C) was revised to provide 

for a de minimis permit change in regard to PM2.5 emissions. 

For Regulation 19, under Chapter 2, revisions were made to the existing definitions of “PM2.5,” “PM10,”

and “National Ambient Air Quality Standards;” a permitting threshold for PM2.5 at Reg.19.401 was 

added; “Ten (10) tons per year of PM2.5” was added to Reg.19.407(C)(2)(a) and “PM2.5”, “2 μg/m3” 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 PM2.5 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, there 
is no explicit requirement to include measurement of condensable PM emissions except for PM2.5 and 

PM10. 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 PM2.5,” a minor 

permit modification threshold for fine particulate matter (PM2.5), 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 

Arkansas State Library, 900 W. Capitol, Suite 100, Little Rock. In addition, copies of the draft regulations 

showing the proposed changes, along with related support documents, are available for viewing or 

downloading on the draft regulations page of the ADEQ’s Internet website at www.adeq.state.ar.us. 

Oral and written statements will be accepted at the hearings, but written comments are preferred in the 

interest of accuracy. In addition, written and electronic mail comments will be accepted if received no 

later than 4:30 p.m. 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 
Arkansas Democrat ~Q&azette STATEMENT OF LEGAL ADVERTISING 

ADEQ 

5301 NORTHSHORE DR 

NORTH LITTLE ROCK AR 72118 

ATTN: 

DATE . 10/04/12 

ACCT #: L844316 

STATE OF ARKANSAS, 

COUNTY OF PULASKI, 

Doug Szenher 

INVOICE #: 2783316 

P.O. #: 

ss. 

I, Elizabeth Myers do solemnly swear that I am the 

Legal Billing Clerk of the Arkansas Democrat - Gazette, a daily newspaper printed and published 

in said Count~, State of Arkansas; that I was so 

related to thlS publication at and during the 

publication of the annexed legal advertisement in 

the matter of: 

notice 

pending in the Court, in said Count~1 and 

at the dates of the several publicatlons of said 

advertisement stated below, and that during said 

periods and at said dates, said news~aper was 

printed and had a bona fide circulatlon in said 

County; that said news~aper had been regularly 

printed and published ln said County, and had a 

bona fide circulation therein for the period of 

one month before the date of the first publication 

of said advertisement; and that said advertisement 

was published in the regular daily issues of said 

newspaper as stated below. 

DATE DAY LINAGE RATE 

10/03 Wed 256 1.25 

10/04 Thu 256 1.25 

DATE DAY LINAGE RATE 

TOTAL COST ----------------------- Billing Ad #: 71565364 640.00 

REMIT TO: 

ARKANSAS DEMOCRAT-GAZETTE, INC. 

P.O. BOX 2221 

LITTLE ROCK, AR 72203 

BILLING QUESTIONS CALL 378-3812 

AD COPY 
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 

Regulationl 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 34 
rulemaking, 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 20f34 
Response: 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 (C02) 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 30f34 
No 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 40f34 
Commenters 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 50f34 
One 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 34 
52.21(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 C02e 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 70f34 
Comment 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 PM2.5 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 34 
updated 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 (PM2.5)" (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 PM2.5 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 PM2.5 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 90f34 
impacts 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 34 
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 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 34 
No 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 PM2.5. 

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 34 
Comment 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 PM2.5'; 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' PM2.5 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 34 
No 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 34 
Comment 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 34 
initiation. 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 "PM2.5," 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 34 
believes 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 34 
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: 

(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 34 
The 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 34 
request 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 34 
Comment 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 34 
Comment 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 34 
a "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 34 
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 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 34 
Comment 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 34 
some 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 34 
the 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 (PM2.5) 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 34 
state 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 34 
No 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 34 
Commenters 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 34 
Comment 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 34 
Commenters 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 N02 and S02 standards]. Commenters state all ambient monitoring data in Arkansas for the 

period of2009-2011 indicated compliance with the NAAQS for PM2.5, 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 34 
rulemaking 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 

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 No. 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 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 Marks, Director, 

Arkansas Department of Environmental Quality 
72°

Little Rock

Search ArkansasOnline

Search for All sections 

CurrentAds:(6,826)

ANNOUNCEM ENTS

AUTOM OTIVE

RECREATION

INSTRUCTION

FINANCIAL

PETS & LIVESTOCK

M ERCHANDISE

RENTALS

REAL ESTATE

M ANUFACTURED HOM ES

LEGAL NOTICES

Legal Notices (111 ads)

Bids/Requests (74 ads)

Probate (33 ads)

Meetings / Hearings (58 ads)

Alcohol Permits (10 ads)

Environmental Permits (7 ads)

Foreclosures (341 ads)

SERVICE DIRECTORY

PROM OTIONS

AUTOSARKANSAS

HOM ESARKANSAS

JOBSARKANSAS

LEGAL NOTICES ARCHIVE

Local (6) Northwest (1) Regional (0) All (7)

Classifieds

Search

Crime Right2Know Whole Hog Sports Sync Weekly Dining Out Arkansas Daily Deal

Home News Obituaries Business Entertainment Sports Photos Videos Features Events Classifieds Jobs Homes Autos

Arkansas Online Classifieds - Arkansas Democrat-Gazette

http://classifieds.arkansasonline.com/?c=1250 9/15/2014
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 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 - Arkansas Democrat-Gazette

arkansasonline.com/?c=1250 9/15/2014
No. 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 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 Marks, Director, 

Arkansas Department of Environmental Quality

72804985f [72804985]

Legal Notices » Environmental Permits

Arkansas Online Classifieds - Arkansas Democrat-Gazette

http://classifieds.arkansasonline.com/?c=1250 9/15/2014
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 PM2.5 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 
Name 

Please Print Legibly 

/f}Pn "- hn~ / 

, \ LA. v '\ /vI. ~ CA f'y~ 

(}j~ ad) uJ~Jj 

d tALi !lJash&uf7/J (~~1?~ 

11 J -r,,~ O~ ~J- ( C ~ .,.\;LaO"\eS IJ4.ltl.er 

l A"'.Lc.. C, :....{ (·ve...u 

l\vt +- .. ~ 'lV'\. ,-Dxh ..... 

~Sz/r0_ 

{L&v\ c! '( jI,\ Vt f m~ 

~ y. ~ V\ gYv\1> f , () rJ 

'/ 0\. 1'Y1 h'I I I ·}rIA (',.- e. (( t<'h 

4 ( I e f[ (> ~-+.J- c; 

(h ((6 f:, I. -k ~ 

, 

'f8 v £)'\.IJ ([ ( 

E I ( \ l J)., ":;;trr.ft" VI 

~ v I ~ ;y; ~~ [:2 <: 

F ft c:. ~ Onl<p 

S-h,. r4. 5(;:11..' ,,' r /:J f 

-!~( ~/Q1i 

~~~I 

1)"1-- Cl ;:; ~ka~ 

ARKANSAS DEPARTMENT OF 

ENVIRONMENTAL QUALITY 

HEARINGIMEETING REGISTRATION 

Address 

Street City State Zip 

lJ 

Vt'i6 uJ. f7tAANI jt5) I f{{ /+/2-

30l 5'; \.h~~"J LR- A-t2 7 '2- 2D I 

I, 

l \'20 \{v{'0 ,\. [~ LP-- .A\2-. '122-1 \ 

£(1) LJ , (Cn,;;-'~ f LfL 4-rt '-)'26J I 

, 

l!teo lu ~~cu-lt.kt.. v-,. LR J L'2.o I 

' 

lNUVdJ,( ... -+lcrn S 

, 

A- O-s-·· ~ 

I 

I 

I 

Organization 

Represented 

t3L/~ 

E~tv ~ ~ 

f!II?a.7 ~ / WJO 

A/2, IJ1spt~ 

ASF 

f3/1/~1 

V\rF 

t \A....c...'-:J\. e ' 

. P. fC~-\ 7 .! d'AA) T,i?, 

'Lie 

'/Yl -

i2- CC-L... 

Public hearingfAneeti.ng on:_..s;:, ....!!...P __ .!......=-=:........o r\...L.; 5(L...:c;; :::-rY1 ~ _______ Date: /0 - /5' - ( L( 

Location: U:.O e:-& - ~'1.-o.... Page -L of __ 
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 Manager 

for Air Quality Planning in the Air Division of the Arkansas Department of Environmental 

Quality. It’s now 2:02 [p.m.]. I’ll call this hearing to order. 

We’re 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 

Significant 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 has 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 PM2.5 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 ("PM2.5") (71 Fed. 

Reg. 61144, October 17,2006); Implementation of the New Source Review Program for PM2.5" 

(73 Fed. Reg. 28321, May 16,2008); and the Prevention of Significant Deterioration for PM2.5 -

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 PM2.5 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 Development 
Arkansas 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 ADEQ 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 reference to the federal regulation(s). 

The major changes adopted in Reg. No. 19 for this proposed SIP revision included incorporation 

of provisions of EPA’s final rules “National Ambient Air Quality Standards [“NAAQS”] for 

Particulate Matter,” which finalized revised NAAQS for particulate matter less than 2.5 
Arkansas State Implementation Plan Revision State Requirements: SIP Development 

2 of 3 

micrometers in diameter (“PM2.5”) (71 Fed. Reg. 61144, October 17, 2006), “Implementation of 

the New Source Review [“NSR”] Program for PM2.5” (73 Fed. Reg. 28321, May 16, 2008), and 

“Prevention of Significant Deterioration [“PSD”] for PM2.5 - Increments, Significant Impact 

Levels and Significant Monitoring Concentration” (75 Fed. Reg. 64864, October 20, 2010). 

Resulting regulatory amendments adopted into Reg. No. 19 related to the PSD PM2.5 Arkansas 

SIP included: 

A. Revision of APC&EC Reg. No. 19, Chapter 2: 

i. the existing definitions of “Particulate Matter Emissions,” “PM2.5,”“PM10

emissions,” and “National Ambient Air Quality Standards;” and 

ii. addition of a new definition for “PM2.5 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. Addition 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 

necessary 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 PM2.5; 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 obligations 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 processes 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 state 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 comment period and before transmittal to the Governor for submittal to EPA, ADEQ 

provided written notice of its final decisions regarding the SIP submittal to all persons who 

submitted public comments, as required under Ark. Code Ann. §§ 8-4-317(b)(2)(A) and (B).