### STATE 

### OF ARICANSAS 

### >I[KE 

### BEEBE GOVERNOR September 16, 2009

Mr. Lawrence Starfield Acting 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. Starfield: The Arkansas Department of Environmental Quality (ADEQ) hereby submits to the U.S. Environmental Protection Agency (EPA) for approval revisions to the Clean Air Interstate Rule (CAIR) portion of the Arkansas Pollution Control and Ecology Commission's Regulation Number 19, Regulations of the Arkansas Plan of Implementation for Air Pollution Control. This CAIR State Implementation Plan (SIP) submittal contains two regulation revisions that were adopted by the Arkansas Pollution Control and Ecology Commission on December 5, 2008, and June 26, 2009, with effective dates of January 15, 2009, and July 18, 2009, respectively. The December 

### 5, 2008, revisions to Chapter 14- CAIR NOx Ozone Season Trading Program provisions of Regulation Number 19 were editorial in nature, and involved improving consistency and correcting typographical errors in the regulation. The June 26, 2009, revisions were due to EPA modification of portions of CAIR that were previously incorporated by reference. This SIP revision incorporates the changes made by the EPA and corrects an abbreviation. This package consists of two hard copies and one electronic copy of the following: Introduction Motions to Adopt Changes State's Legal Authority to Adopt and Implement the Plan Regulation Changes Procedural Requirements
- 

### Regulation Tracking Sheets STATE C3.i.n~ Srm23 1 L'ITLE Rm ,iR;2X 1 TEL~G~E~H)~! 62-345 Fiki3011 682-1353 L\rn\lX '+\'~h:

### m 

# . ~\\\.\\.pell.dn.al-.~\

### - 

### Arkansas Register Transmittal Sheets

- 

### Arkansas State Library Agency Certification Forms Public Participation
- 

### Public Notices Information
- 

### Public Hearing Sign-in Sheets
- 

### Public Comments and Responsive Summaries
If you have questions, please contact ADEQ Air Division Chief Mike Bates at (501) 682-0750, or bates@adeq.state.ar.us. Thank your for your consideration of ADEQ's submission.

Mike Beebe Enclosures

### Tab 1 

### Tab 2 

### Tab 

### 3 Tab 4 

### Tab 5 Tab 

### 6

Tab 7 

### Revisions to the Arkansas State Implementation Plan Table of Contents
Governor's Submittal Letter Introduction Motion to Adopt Regulation Changes State's Legal Authority to Adopt and Implement the Plan Regulation Changes Procedural Requirements


### - Regulation Tracking Sheets 

## - Arkansas Register Transmittal Sheets 

## - Arkansas StateLibrary Agency Certification Forms Public Participation 

## - Public Notice Information 

## - Public Hearing Sign-in Sheets 

### - Public Comments and Responsiveness SummariesArkansas Clean Air Interstate Rule State Implementation Plan Revisions Introduction This Clean Air Interstate Rule (CAIR) State Implementation Plan (SIP) submittal contains two regulation revisions which were adopted by the Arkansas Pollution Control and Ecology Commission on December 5, 2008, and June 26, 2009, with effective dates ofJanuary 15,2009, and July 18, 2009. The difference in the two regulation revisions are delineated by single underline for the December 5, 2008, revisions and double underline for the June 26, 2009, revisions. Language that is struck through was part ofthe June 26, 2009, regulation change. On July 22, 2007, the Arkansas Pollution Control and Ecology Commission adopted portions ofthe federal CAIR into Regulation Number 19, Regulations ofthe Arkansas Plan of Implementation for Air Pollution Control. The United States Environmental Protection Agency (EPA) published approval of Arkansas's CAIR SIP in the Federal Register on July 26,2007, and it became effective November 26,2007. On October 19,2007, the EPA modified portions of CAIR that were previously incorporated by reference into Chapter 14-CAIR NO, Ozone Season Trading Program provisions ofRegulation Number 19. This SIPrevision incorporates the changes made by the EPA and corrects an abbreviation. Specifically, EPA revised the calculation methodology for the efficiency standard in the cogeneration unit definition to exclude energy input from biomass making it more likely that units co-firing biomass will be ableto meet the efficiency standard and qualify for an exception to CAIR. The changes also include a new definition of "biomass," modify the definitions of "cogeneration unit" and "total energy input" and clarify the definition of "permitting authority." Additionally, the abbreviation of "MW" (megawatt), that is used in Regulation Number 19, Section 19.1404, will be corrected to "MWh" (megawatt hour) to match the federal definition incorporated by reference. These revisions were proposed on May 22, 2008, and the public comment period for this regulation revision closed on July 

### I 1,2008.The EPA submitted the only comment on this rulemaking and it was supportive. The December 5,2008, revisions to Chapter 14-CAIR NO, Ozone Season Trading Program provisions of Regulation Number 19were editorial in nature, and involved improving consistency and correcting typographical errors in the regulation. In accordance with the Code ofFederal Regulations Part 5

### I Appendix V, Criteria for Determining the Completeness ofPlan Submissions, the following documents provide details on Arkansas's CAIR SIPrevision submittal.

### ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION SUBJECT Adoption of Revisions to Re~ulation 

### 19, Repulationsofthe Arkansas Plan of Implementationfor Air Pollution Control DOCKET NO. 08-008-R MINUTE ORDER NO. 08

# - 

# 88 PAGE 

### 1 OF 1


### Pursuant to public notice and hearing, and in consideration ofcommentsreceived, the Arkansas Pollution Control and Ecology Commissionhereby adopts changes to Regulation No. 

### 19,Regulations ofthe Arkansas Plan of Implementation for Air Pollution Control. PROMULGATED THIS 

### 5'h DAY OF DECEMBER, 2008, BY ORDER OF THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION.
BY: 

# UJ-Q-L && William Thompson, Chairman ATTEST:

APPROVED: 

# CoMMIS%fTRS L. Bengal L. Sickel S.

### Henderson 

## (M J. 

### Simpson D. Hendrix I 

### W. Thompson E. Valdez B. White R. Young 

### J. Shannon



### GQ SUBMlTTEDBY: Mike Bates PASSED: 12/05/08 Chairman

### AAWL4NSA.S POLLUTION CONTROL 

### AND ECOLOGY COMMISSION SUBJECT Adoption ofRevisions to Redation 19, Repulations of 

## - the Arkansas Plan of Im~lementation for Air Pollution Control DOCKET NO. 08-004-R MINUTE ORDER NO. 09

# - 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 lmplementation for Air Pollution Control. PRO-MULGATEDTHlS 26'hDAY OF 

### JUNE, 2009, BY ORDER OF THE ARKANSAS POLLUTION CONTROL AND 

### ECOLOGYCOMMISSION.


### BY:
ATTEST: eresa Marks, Director
APPROVED: ke Beebe, Governor 

# @-

COMMISSIONERS L. Bengal 

# AM L. Sickel J. 

### Chamberlin 

### J. Simpson S. Henderson D. Hendrix 

# a- W. 

### Thompson 

### E. Valdez C. McGrew B. White D. Samples R. Young 

### J. Shannon



### SUBMITTED BY: Mike Bates PASSED: 6/26/09

### State's Legal Authority to Adopt and Implement the Plan The State's legal authorityto adopt and implement this State Implementaito Plan revision can be found in Arkansas CodeAnnotated (A.C.A.)

## 4 8-1-203(b)(I).

### 8-1-203. Powers and responsibilitiesofthe 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 asfollows: (l)(A)Promulgation ofrules and regulations implementing the substantive statutes charged to the Arkansas Department ofEnvironmental Quality for administration. (B)ln promulgation of such rules and regulations, prior to the submittal to public comment and review of any rule, regulation, or change to any rule orregulation 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 ofArkansas, including those entitiesthat will be subjectto the regulation. (C)The commission shall promptly initiate rulemaking proceedings to further implement the analysis required under subdivision (b)(l)(B) ofthis section. (D)The extent ofthe analysis required under subdivision (b)(l)(B) ofthis section shall be defined in the commission's rulemaking required under subdivision (b)(l)(C) ofthis 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 ofthe relative impact and benefits ofthe more stringent regulation; (2)Promulgation ofrules, 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 ofrules and regulations governing administrative procedures for challenging or contesting department actions; (4)ln the case ofpermitting or grants decisions, providing the right to appeal a permitting or grants decision rendered by the Director of the Arkansas Department ofEnvironmental Quality or his or her delegatee; (5)ln the case of an administrative enforcement or emergency action, providing the right to contest any such action initiated by the director; (6)lnstruct the director to prepare such reports orperform such studies aswill advance the cause of environmental protection in the state;(7)Make recommendations to the directorregarding 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)(l)ln providing for adjudicatory review ascontemplated by subdivisions (b)(4) and (5) ofthis section, the commission may appoint one (1) ormore administrative hearing officers. The administrative hearing officers shall at all times serve as agents ofthe commission. (2)ln hearings upon appeals ofpermitting orgrants 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 ofthe adjudicatory hearing. (C)(i)By the majority vote of a quorum, the commission may affirm, reverse and dismiss, orreverse 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 asprovided by applicable law. (d)The chair of the Arkansas Pollution Control and Ecology Commission may appoint one (1) ormore committees composed of commission members to act in an advisory capacity to the full commission. 1. 2; 1995,No. 117, tj 7; 1993,No. 1264, 

## 5 7; 1993,No. 165,

## 5 1; 1993,No. 163,

## 5 History.Acts 1991,No. 1230, 

## 5Pollution Control and Ecology Commission # 014.00-01 9



# ARKANSAS POLLUTION CONTROL and ECOLOGY COMMISSION

REGULATION NO. 19 

# REGULATIONS OF THE ARKANSAS PLAN OF IMPLEMENTATION FOR 

# AIR POLLUTION CONTROL

Adopted by the 

### PC&E Commission on June 26,2009

### CHAPTER 14: CAIR NOx OZONE SEASON TRADING PROGRAM GENERAL PROVISIONS Reg. 19.1401 Adoption ofRegulations 40 CFR Part 96, SubpartsAAAA-HHHH for the CAIR NO, Ozone Season Trading Program, as finalized by the U.S. Environmental Protection Agency (EPA) on May 12, 2005, and hrther revised by EPA on April 28, 2006, with correcting amendments on December 13, 2006, and on October 19.2007, are herein incorporated by reference with the exception of Subpart EEEE (CAIR NOx Ozone Season Allowance Allocations) and all references to CAIR NOx Ozone Season Opt-in Units, which, along with Subpart 1111 (CAIR NO, Ozone Season Opt-in Units), are not incorporated. The following regulations replace 40 CFR 96 Subpart EEEE. 

### Reg. 19.1402 State Trading Budget The Arkansas State trading budgets for annual allocations for CAIR NOx Ozone Season allowances have been set by EPA as follows: for the control periods of 2009 through 2014, 113 15 tons per control period; and for the control periods for 2015 and beyond, 9,596 tons per control period. The total number of allowances allocated by the State of Arkansas shall not exceed these budgets for their respective control periods. 

### Reg. 19.1403 Timing Requirements for CAIRNO, Ozone Season Allowance Allocations (A) For EGUs allocated allowances under Reg. 19.1404(B)and (C), the Department will determine and notify the Administrator of each unit's allocation of CAIR NO, Ozone Season allowances by April 30, 2007, for 2009, 2010, and 2011 and by October 31, 2008, and October 31 of each year thereafter for the 4thyear after the notification deadline. (B) For EGUs allocated allowancesunder Reg. 19.1404(D),the Departmentwill determine and notify the Administrator of each unit's allocation of CAIR NO, Ozone Season allowancesby July 

### 31of the year for which the CAIR NO, Ozone Season allowances are allocated.Reg. 19.1404 CAIRNOxOzone Season Allowance Allocations (A) The baseline gross electric generation (in MWJ used with respect to CAIR NO, Ozone Season allowance allocations under Reg. 19.1404(B) p-mgaph (E) &%his w&km for each CAIR NO, Ozone Season unit that has operated each calendar year during a period of 5 or more consecutive calendar years, the average of the 3 highest amounts of the unit's control period gross electrical output over the 5 years immediately preceding the year in which allocations are due to EPA, provided that gross electrical output of a generator served by two or more units will be attributed to eachunit inproportion to each unit's share of the total control period heat input of such units for the year. For the allocationsallocated for 2009,20 10,20

### 11,baseline data will be determined using gross electrical outputfor years 2000 through 2004. (B) With regard to the timing requirements contained in Reg. 19.1403, for each control period in 2009 and thereafter, the Department will allocate to all CAIR NO, Ozone Season units in the State that have baseline gross electric generation (as determined under Reg. 19.1404(A) 

### --r,,,,,l,) a total amount of CAIR NO, Ozone Season allowances equal to 95 percent for a control period, of the tons of NO, emissions in the State trading budget under Reg. 19.1402 (except as provided in 

### & 19.1404 (Elp-mgaph (9)-). (C) The Department will allocate CAIR NO, Ozone Season allowancesto each CAIR NO, Ozone Season unit under Reg. 19.1404(B) in an amount determined by multiplying the total amount of CAIR NO, Ozone Season allowances allocated under paragraph (B) of this section by the ratio of the baseline gross electric generation of such CAIR NO, Ozone Season unit to the total amount ofbaseline gross electric generation of all such CAIR NO, Ozone Season units inthe State and rounding to the nearest whole allowances as appropriate. (D) For each control period in 2009 and thereafter, the Department will allocate CAIRNO, Ozone Season allowancesto CAIRNO, Ozone Season units in the State that do not yet have a baseline gross electric generation (as determined under Reg. 19.1404(A) 

### -1, in accordance with the following procedures: (1) The Department will establish a separate new unit set-aside for each control period. Each new unit set-aside will be allocated CAIR NO, Ozone Seasonallowances equalto 5percent ofthe amount oftons ofNO, emissions in the State trading budget under Reg. 19.1402. (2) The CAIR designated representative of such a CAIR NO, Ozone Season unit may submit to the Department a request, in a format specifiedby the Department,to be allocated CAIR NO, Ozone Season allowances, starting with the later of the control period in 2009 or the first control period after the control period in which the CAIR NO, Ozone Season unit commences commercial operation and until the first control period for the which the unit is allocated CAIR NO, Ozone Season allowances under Rep. 19.1404(B) 

## -. The CAIR NO, Ozone Season allowance allocation request must be submitted on or before January 1 of the first control period for which the CAIR NO, Ozone Season allowances are requested and after the date on which the CAIR NO, Ozone Season unit commences commercial operation. (3) In a CAIR NO, Ozone Season allowance allocation request under 

### & 19.1404(D)(2) 

## 1, the CAIR designated representative may request for a control period CAIR NO, Ozone Season allowances in an amount not exceeding the CAIR NO, Ozone Season unit's total tons of NO, emissions during the controlperiod immediately before such control period. (4) The Department will review each CAIR NO, Ozone Season allowance allocation request under Ren. 19.1404(D)(2) paeqppP (I?)(?) 

### ef thkxs&m and will allocate CAIR NO, Ozone Season allowances for each control period pursuant to suchrequest as follows: (a) The Department will accept an allowance allocation request only if the request meets, or is adjusted by the Department as necessary to meet, the requirements of Ren. 19.1404(D)(2)and (3)
(b) On or after February 1 of the control period, the Department will determine the sum of the CAIR NO, Ozone Season allowances requested (as adjusted under Reg. 19.1404(D)(4)(a) swtim)forthe controlperiod.(c) If the amount of CAIR NO, Ozone Season allowances in the new unit setaside for the control period is greater than or equal to the sum under 

### & 19.1404 psa-gqh (D)(4)(b) 

# u, then the Department will allocate the amount of CAIR NOxOzone Season allowances requested (as adjusted under Reg. 19.1404

# - (D)(4)(a) -) to each CAIR NOx Ozone Season unit covered by Reg. 19.1404 

### pmgwph (D)(4)(a) 

## -. (d) If the amount of CAIR NO, Ozone Season allowances in the new unit setaside for the control period is less than the sum under 

### & 19.1404 

# m (D)(4)(b) 

### -, then the Department will allocate to each CAIR NO, Ozone Season unit covered by an allowance allocation request accepted under Rep. 19.1404 pwagqA (D)(4)(a) the amount of the CAIR NO, Ozone Season allowances requested (as adjusted under Reg. 19.1404 psa-gqh (D)(4)(a) 

# u), multiplied by the amount of CAIR NO, Ozone Season allowances in the new unit set-aside for the control period, divided by the sum determined under Reg. 19.1404pwa+ya& (D)(4)(b)-, and rounded to the nearest whole allowance asappropriate. (e) The Department will notify each CAIR designated representative that submitted an allowance allocation request of the amount of CAIR NO, Ozone Season allowances (if any) allocated for the control period to the CAIRNO, Ozone Season unit covered by the request. 

### (E) If, after completion of the procedures under Reg. 19.1404 pwagq4w (D)(4tekktf seekm for a control period, any unallocated CAIR NO, Ozone Season allowances remain in the new unit set-aside for the control period, the Department will allocate to each CAIR NO, Ozone Season unit that was allocated CAIR NO, Ozone Season allowances under Reg. 19.1404 pwagmph

### (B) 

### eRhkw&m an amount of CAIR NO, Ozone Season allowances equal to the total amount of such remaining unallocated CAIR NOx Ozone Season allowances, multiplied by the unit's allocation under 

## Rea. 19.1404(Bl-, divided by 95 percent of the amount of tons of NO, emissions in the State trading budget under Reg. 19.1402, and rounded to the nearest whole allowance asappropriate.ADEQ REGULATIONS TRACKING SHEET Regulation No. 19 Common Name: Requlations of the Arkansas Plan of Implementation for Air Pollution Control Strawman review of draft re~ulatior~s by key groups Iriifiafcd -- Completed Incorporated EPA Febrcary 2008 Mav 2008 N!A ADEQ LegaliAdmin February 2008 May 2008 October 2008 lndustrrali February 2008 May 2008 - October 2008 Env~ronmental Groups Comments. EPA did not subm~t comments on this rulemakina.

2. Proposed regulations presentation to Commission's Regulations Committee for approval to proceed to public comment period. Date: June 27,2008 BY. Mike Bates Comments/Approval: Comrnittee recommended adoption of Petition to Initiate rule ma kin^. 3. Legal noticeof proposed regulations and public hearing. P~lblicat~on Dates of Publication Arkansas Democrat-Gazette July 2 and Julv 3.2008 4. Provide Legislative Councilwith three copies of proposed regulations and the legislative questionnaire at least ten days prior to the first public hearing. 5. Hold public hearing(s) on the proposed regulations Location Hearing Chairman ADEQ Commission Room Auqust 4.2008 Lawrence Benqal 6 Dale of final day of public comment period. Au~ust 18. 2008 7 Final proposed regulation arid responseto comments prepared by Department Date Initiated: Auqust 18.2008 Date Completed: October 24. 2008

EXHIBIT D8 Formal presentationto the Public Health & Welfare Committee of the Legislatrve Councll Date: November 10.2008, 1.30 pm, Room 130 By: Karen Bassett and Mike Gates Comn~ents/Approvai Auproved by Committee 9 Formal presentation of proposed f~rial regulation to ttie Administrative Rules & Regulations Subcommittee of the Leg~slat~ve Counc~l (All Regs) Date: November 6,2008, 1 30 pm. Room 151 By: Teresa hlarks and Mike Bates Comments/Approval: Amroved by Commrttee

10 Presentation of proposed final regulation to Commission's Regulations Committee Date: December 5, 2008 By: Mike Bates Cornments/Approvai; Committee recommended adoption of final rulernakinq. 11. Provide Commission members with copy of proposed final regulation prior to Commission meeting. Date Delivered: November 27,2008 12, Present proposed final regulatlon to the Commissionfor adoption Date: December 5,2008 By: Mike Bates Cornments/Approval' Comm~ssion approved adoptron of f,nal rulemakln~ 13. Send two copres of adopted regulation to Secretary of State (regulation becones effectwe ten days after flllng) Date Mailed: Upon final promulqatlon of Requlation 14 Formally submit adopted regulatronto EPA. Date Mailed: Upon final promul~ation of Requlatlon
PREPARED BY: ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 

### By: ' Mlke Bates

EXHIBIT DADEQ REGULATIONS TRACKING SHEET Regulation No. 

### 19 Common Name: Requlations of the Arkansas Plan of Implementation for Air Pollution Control 1. Strawman review of draft regulations by key groups. initiated completed incorporated EPA April 24, 2008 July 11, 2008 NIA ADEQ LegallAdmin. April 10, 2008 July 11. 2008 MA Industrial1 April 24, 2008 July 11, 2008 NIA Environmental Groups Comments: The amendment of Requlation No. 19 IS necessary in order to incorporate chanqes made to the federal requlation as required by EPA. The chanqe also corrects a typoqraphical error in Rea. 19.1404. 2. Proposed regulations presentation to Commission's Regulations Committeefor approval to proceed to public comment period. Date: May 22, 2008 By: Mike Bates Comments/Approval: Committee recommended ado~tion of Petition to Initiate rulemakinq. 3. Legal notice of proposed regulations and public hearing. publication dates of publication Arkansas Democrat-Gazette May 26,2008 and May 27. 2008 4. Provide Legislative Councilwith three copies of proposed regulations and the legislative questionnaire at least ten days prior to the first public hearing. 5. Hold public hearing(s) on the proposed regulations. location hearinq chairman ADEQ Commission Room June 26,2008 Commissioner John Shannon 6. Date of final day of public comment period: July 11, 2008, 4:30 p.m. 7. Final proposed regulation and response to comments prepared by Department. Date initiated: February 18, 2009 Date completed: February 18, 2009 8. Formal presentation to the Public Health ((1 Welfare Committee of the Legislative Council. Date: May 26, 2009 By: Karen Bassett and Mike Bates Comments/Approval: Approval Received by Committee
Page 1 of 2 EXHIBIT DFormal presentation of proposed final regulation to the Administrative Rules& Regulations Subcommittee of the Legislative Council (All Regs). Date: May 21, 2009 By: Karen Bassett and Mike Bates Comments/Approval: Approval Received by Committee
10 Presentation of proposed f~nal regulat~on to Commiss~on's Regulations Committee Date: By: Karen Bassett or Mlke Bates -- Comments/Approval:

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

. 12. Present proposed final regulation to the Commission for adoption Date: By: Mike Bates Comrnents/Approval:

13. Send two copies of adopted regulation to Secretary of State (regulation becomes effective ten days after filing). Date mailed: 14. Formally submit adopted regulation to EPA Date rr~ailed: Upon final promulqation of Requlation. PREPARED BY: ARKANSASDEPARTMENT OF ENVIRONMENTAL QUALITY

Mike Bates

Page 2 of 2 EXHIBIT D

# ARKANSAS 

# REGISTER Transmittal-Sheet --'.-+

-" h 1.f 

### IT Charlie Daniels
, . p 1 - Secretary of State ' 

## - i-:-.,.. - 

## -

. . -... 

### .. State Capitol Roon1026

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### - 

## . - - -
. . d.. v--- 1, Little Rock, Arkansas 72201 -1094



### . , \ (501) 682-3527 For Office Use Only: Effective Date Code Number

Arkansas Departmentof EnvironmentalQuality Name of Agency ~~~~~t~~~t Arkansas Pollution Control & Ecology Commission 

# I Bates@adeq.state.ar.us contact Mike Bates E-mail Phone (501) 682-0750 

# 1 Statutory Authority for Promulgating Rules 8-1-203(b)(1) 

# 1 Regulation No. 19, Regulationsof heAR Plan of ImplementationlorAir PollutionControl; Docket No 08-008-R;MinuteOrder No. 08-38. Rule Title: Intended Effective Date 

# 0Emergency
.............................. Legal Notice Published

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

# I 10 DaysAfter Filing Final Datefor Public Comment 

# 1 0Other Date 07/02/08

Reviewed by Legislative Council

................... 1 1/06/08

........................... Adopted by State Agency
Electronic Copy of Rule Provided on disk or CD (perAct 1478012003) 

# 0Electronic Copy of Rule e-mailed from: Contact Perm ErnallAddress Dale 

### CERTIFICATION OF AUTHORIZED BFF1CER

I Hereby Certify That TheAttached Rules Were Adopted In Com~liance with Act 434 of 1967As Amended.

V (501) 682-7890 ornalley@adeq.state.ar.us Phone Number E-mallAddress Administrative Hearing Officer Title 01/15/09 Dale

# ARKANSAS REG STER Transmittal Sheet

-

*I I I'0l-T Charlre Dan~els 'I I Secretary of State



### - State Capitol Room 026

- - r.3C- I Little Rock, Arkansas 72201-1094 (501) 682-3527 For Office Use Only: Effective Date Code Number
Arkansas Pollut~on Control and Ecology Cornrn~sslon NameofAgency Department Arkansas Department of Environmental Qualdy ba:es@adeq stale ar us contactM~ke Bates Phone (501) 682-0750 E-mail (statutory~ulhority for Promulgating Rules A C. A 5 8-I-203(b!(l), 8-4-201(b).8-4-202. and 8-4-311(b)(1) 

# I

Regulat~on No 19, Reyulatlonsof the AR Plan of Irnplementat~on for Air Pollution Control; DocketNo 08-004-R;MinuteOrder 09-10 Rule Title: Intended Effective Date

7 

### u Emergency 10 Days After Fiiing Date Legal Notice Published

................................ 05/26/08 F~nal Date for Public Comment 0711 1/09

.................... Reviewed by Legislative Council 05/26/08

.................. Adopted by State Agency

............................. 06126109 

# I Electron~c Copy of Rule Prov~ded on disk or CD (perAct 14i8of 2003) 

# I Electron~c Copy of Rule e-mailed frorn: Co~~acl Peapan EmallACdress 1'a.e 

### CERTIFICATION OF AUTHORIZED OFFICER

I Hereby Cert~fy That The Attached Rules Were Adopted

Phone hu~nber E-ma11 Address Adrninistratlve Hear~ng Officer ltle

# ARKANSAS STATE 

# LIBRARY Agency Certification Form For Depositing Final Rules and Regulations At the Arkansas State Library Documents Services Arkansas StateLibrary OneCapitol Mall Little Rock, 

### AR 72201-1094 501-682-2326 Phone; 

### 501-682-1532 FAX 1; 

## 1 Effective Date: Classification Number:

Name of Agency: Arkansas Department of Environrnental Quality Contact Person: Mike Bates Telephone: 

### (501) 682-0750

1 

# ' ,-

### Statutory Authority forPromulgating Rules: A. C. A. 

## 5 8-1-203(b)(l). 

### I

Title of Rule: Regulation No. 

### 19,Regulations of the 

### AR Plan of Implementation for Air Pollution I



### -- I 

## -H Amended Rule/Regulation 

# / @ 10 Days after filing I 

# I Control; Docket No 

### 08-008-R; Minute OrderNo. 

### 08-38.



# 1 January 

### 25,2009 Repealed RulelRegulation 

# 1 Other Effective Date - 

### Rule Status Effective Date Status



# 3 Order

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### Rule aboveis proposed and will be replaced by final version ' 

### New Rule/Regulation I 

### Emergency I, I

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### Repealed 

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# 3 Emergency Rule/Regulation 

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### [XI Financial and/or Fiscal Impact Statement Attached 

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I hereby certify that the attached rules were adopted in compliance with Act 

### 434 ot 

### rN7 as a~uenderl, \ 

### Signature: 

# &d 

# rd Date: January 

### 15,2009 - I I 

### Title: Administrative Hearing Officer 

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### Adopted by StateAgency 1

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### ! Effective Date: Classification Number: 

# : Name of Agency: Arl\nnsasDepart~rient of Environniental ~uafity 

# I Contact Person: Mike Bates Telephone: (501) 682-0750 

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# i : I 8 Statutory Authority for Promulgating Roles: A. 

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## 5 8-1-203(b)(l), 8-4-201(b), 8-4-202, aiid 8-4- 

# I 311(h)(l). 

# i 1 Title of Rule: Reg~ilatiori No 19,Regulations of tlie Arkansas Plan of Implementation for Air Pollution 

## 1 i~ontrol; Docket NO 08-004-R; ~inute Order No. 09-10. I 

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# 1 [7 New R~~IeiRegulation F i Amended Rulc/Kegulation I 

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# 1 0 0rclt.r i 9 

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1 

### [XI 10Days after filing Other

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# I Emergency Kule/Regulation



### [XI Financial andlor Fiscal Impact Statement Attached 

## 1 I July 18,2009
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### [7 Repealed

I Adopted by StateAgency li I



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## Certification 

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### I hereby certify that the attached rules were adopted in compliance with Act 434 of 1967as amendeci.

1 Signature:

# h&oi& Date: July 8,2009 - 

## 1

Title: Administrative Hearing Officer I -

### NOTICE OF THREE PUBLIC HEARINGS The Arkansas Pollution Control and Ecology Commission will hold three separate public hearings at North Little Rock August 4, 2008, to receive comments on proposed revisions to Commission air quality regulations. The event will begin at 2:00 p.m. in the Commission Room at the Arkansas Department ofEnvironmental Quality (ADEQ) headquarters building, 5301 Northshore Drive. The deadline for submitting written comments on all three regulations is August 18,2008. Proposed changes to Commission Regulations 18(Arkansas Air Code), 19 (State Implementation Plan [SIP] for Air Pollution Control), and 26 (Arkansas Operating Air Permit Program) will be the topics of the August 4 hearings, with the Regulation 18hearing starting at 2:00 p.m., followed by the Regulation 19hearing immediately after comments on Regulation 18 have been completed. The Regulation 26 hearing will begin immediately after comments on Regulation 19end. Commission authorityto revise Regulations 18, 19, and 26 is found in Arkansas Code Annotated (A.C.A.) Section 8-4-301, et seq. Proposed changes to Regulation 1Vo. 18involve: Additions to the Definitions section, including a new definition of "EPA" and Title 

### I modifications. Creation of a new Chapter 15 for language specifying the effective date of the regulation. Updating Reg. 18.301 to change the emissions permitting thresholds for carbon monoxide, nitrogen oxides, sulfur dioxide, volatile organic compounds, the two classifications ofparticulates, single hazardous air pollutants, and combinations of hazardous air pollutants; adding charcoal plants to the list of facilities required to obtain an air permit regardless ofemission levels; and adding the following source types to the list of facilities not required to have an air permit: Stationary reciprocating internal combustion engines for non-part 70 sources (minor sources), hospital ethylene oxide sterilizers, gasoline dispensing facilities, stationary compression ignition internal combustion engines with a displacement of less than 30 liters per cylinder, and stationary spark ignition internal combustion engines. Replacing existing language in Reg. 18.307 referring to disclosure statementswith new language referencing Commission Regulation 8 (administrative procedures) containing applicable language. Clarification of Reg. 18.307to specify that public notice requirements do not apply in cases of ownership or name changes. Modifying and adding De Minimis levels in Reg. 18.307to specify the levels at which proposed modifications would be considered trivial for the pollutants carbon monoxide, nitrogen dioxide, sulfur dioxide, and volatile organic compounds, and establishing such levels for the two classifications of particulate matter. Addition of Reg. 18.312 (Operational Flexibility--Applicant's duty to apply for alternative scenarios); Reg. 18.3 13 (Changes resulting in no emissions increases); Reg. 18.314(Permit Flexibility); and Reg. 18.315 (Registration). Changes to Appendix A, InsignificantActivities List: Under Group A, Item 12,the addition of exemptions for generators that provide electricity to the distribution grid; and under Group 

### B, Item 69, the addition of hazardous air pollutants to the list of substancesthat cannot be used or emitted from mixers, blenders, roll mills, or calendars for rubber or plastic for which no materials in powder form are added. Correction oftypographical errors and changes in format or style to conform to the Commission's standardized regulations format, correct internal inconsistencies, and update the regulation to conform to state law. Proposed changes to Regulation 19include: Adding a new definition for Title 1modification, and changing the definition ofvolatile organic compoundsto conform to the federal definition. Updating Reg. 19.401 to change the emissionspermitting thresholds for carbon monoxide, nitrogen oxides, sulfur dioxide, volatile organic compounds, particulate matter 10micrograms or smaller in diameter, singlehazardous air pollutants, and combinations ofhazardous air pollutants. Replacing existing language in Reg. 19.407 referring to disclosure statements with new language referencing Commission Regulation 

### 8 (Administrative Procedures) containing applicable language. Clarification ofReg. 19.407 to specify that public notice requirements donot apply in cases of ownership or name changes. Modifying and adding De Minimis levels in Reg. 19.407to specify the levels at which proposed modifications would be considered trivial for the pollutants carbon monoxide, nitrogen dioxide, sulfur dioxide, and volatile organic compounds, and establishing such levels for the two classifications ofparticulate matter. Updating Reg. 19.412 by incorporating by reference the Federal Register date involving federal dispersion modeling guidelines. Addition ofnew Reg. 19.41 4 (Operational Flexibility--Applicant's duty to apply for alternative scenarios); Reg. 19.41

### 5 (Changesresulting in no emissions increases); Reg. 19.416 (Permit Flexibility); and Reg. 19.4 17 (Registration). Addition of a new Reg. 19.41 7 (Registration) to allow fortracking of facilities that are currently regulated under the emission limits in Reg. 19.401 but would not be regulated under the proposed changesto Reg. 19.401. Updating Reg. 19.904 (Adoption ofRegulations) to incorporate by reference various revisions to the SIPrequired under recent federal regulation changes. Changesto Appendix A, Insignificant Activities List: Under Group A, ltem 12,the addition ofexemptions for generators that provide electricity to the distribution grid; and under Group 

### B, ltem 69, the addition ofhazardous air pollutants to the list of substances that cannot be used or emitted from mixers, blenders, roll mills, or calendars for rubber or plastic for which no materials in powder form are added. Correction oftypographical errors and changes in format or style to conform to the Commission's standardized regulations format, correct internal inconsistencies, and update the regulation to conform to state law. Proposed changes to Regulation 26 include: Clarification ofthe definition ofTitle I modification. Creation of a new Chapter 13 for language specifying the effective date of the regulation. Clarification of Reg. 26.406 to specify that a timely permit renewal application is one received by the ADEQ at least six monthsprior to the permit expiration date.Modifying Reg. 26.801 (Applicant's duty to apply for alternative scenarios) to make the section applicableto all permits issued under Regulation 26. Updating Reg. 26.1002 (Minorpermit modification applicability) regarding the levels of emissions increases which can be used in minor permit modification requests involving carbon monoxide, nitrogen oxides, sulfur dioxide, volatile organic compounds, and the two classifications ofparticulate matter. Adding Reg. 26.1013 (Permit Flexibility). Correction oftypographical errors and changes in format or style to conform to the Commission's standardized regulations format, correct internal inconsistencies, and update the regulation to conform to state law. Copies ofthe proposed changes are available for public inspection during regular business hours at the ADEQ office in the Public Outreach and Assistance (POA) Division, or at ADEQ information depositories located in public libraries at Arkadelphia, Batesville, Blytheville, Camden, Clinton, Crossett, El Dorado, Fayetteville, Forrest City, Fort Smith, Harrison, Helena, Hope, Hot Springs, Jonesboro, Little Rock, Magnolia, Mena, Monticello, Mountain Home, Pocahontas, Russellville, Searcy, Stuttgart, Texarkana, and West Memphis; in campus libraries at the University ofArkansas at Pine Bluff and the University ofCentral Arkansas at Conway; orin the Arkansas StateLibrary located on the State Capitol grounds at Little Rock. In addition, a copy ofthe regulation showing the proposed changes, along with related support documents, is available for viewing or downloading at the ADEQ's Internet web site located at www.adeq.state.ar.us. Oral and written commentswill be accepted at the hearing, but written comments are preferred in the interests of accuracy. In addition, written and electronic mail commentswill be considered ifreceived no later than 4:30 p.m. August 18,2008.Written comments should be mailed to Doug Szenher, POA Division, Arkansas Department ofEnvironmental Quality, 5301 Northshore Drive, North Little Rock, AR 721 18. E-mail comments should be sent to: reg-comment@adeq.state.ar.us. Published July 2 and 3,2008, Teresa Marks, Director, Arkansas Department ofEnvironmental Quality,"-"a- I,. *--:+- 

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I, Elizabeth Myers do solemnly swear that I am the Leyal Billing Clerk of the Arkansas Democrat - Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement in the matt-r of: public hearings pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly mrinted and published in said County, and had a una 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. 2 L-*LL '-'I? 9Ab:lud'4>Ab, comqTY OF PuLAsKz , ss.

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### NOTICE OFPUBLICHEARING The Arkansas Pollution Control and Ecology Commission will hold a public hearing at North Little Rock June 26, 2008, to receive comments on proposed revisions to Commission Regulation No. 19 (state implementation plan for air pollution control). The hearing will be held at 2:00 p.m. in the Commission Room at the Arkansas Department ofEnvironmental Quality (ADEQ) headquarters building, 5301 Northshore Drive. Commission authority to revise Regulation 19is found in Arkansas Code Annotated (A.C.A.) Section 8-4-201, et seq. Proposed changes to Regulation No. 19involve: Updating Section 19.1401 to incorporate recent federal air quality regulation changes for a new definition ofthe term, "biomass," and modification or clarification ofthe terms, "cogeneration unit," "total energy input," and "permitting authority." Correcting the abbreviation ofthe term "MW" (megawatt) to "MWh" (megawatt hour) in Section 19.1404. Therevisions to Regulation 19are being proposed in order to bring the state regulation into conformance with the federal Clean Air Interstate Rule (CAIR), which deals with interstate transport of nitrogen oxide and sulfur dioxide emissions from fossil-fuel powered electric generating units through the use of a cap and trade program. Provisions of the CAIR program previously were incorporated by reference into Regulation 19. Copies ofthe proposed changes are available for public inspection during regular business hours at the ADEQ office in the Public Outreach and Assistance (POA) Division, or at ADEQ information depositories located in public libraries at Arkadelphia, Batesville, Blytheville, Camden, Clinton, Crossett, El Dorado, Fayetteville, Forrest City, Fort Smith, Harrison, Helena, Hope, Hot Springs, Jonesboro, Little Rock, Magnolia, Mena, Monticello, Mountain Home, Pocahontas, Russellville, Searcy, Stuttgart, Texarkana, and West Memphis; in campus libraries at the University ofArkansas at Pine Bluff and the University ofCentral Arkansas at Conway; or in the Arkansas State Library located on the State Capitol grounds at Little Rock. In addition, a copy ofthe regulation showing the proposed changes, along with related support documents, is available for viewing or downloading at the ADEQ's Internet web site located at www.adeq.state.ar.us. Oral and written commentswill be accepted at the hearing, but written comments are preferred in the interests of accuracy. In addition, written and electronic mail commentswill be considered ifreceived no later than 4:30 p.m. July 1 1, 2008. Written comments should be mailed to Doug Szenher, POA Division, Arkansas Department ofEnvironmental Quality, 5301 Northshore Drive, North Little Rock, AR 721 18.E-mail comments should be sent to: reg-comment@adeq.state.ar.us. Published May 26 and 27,2008, Teresa Marks, Director, Arkansas Department ofEnvironmental Qualityand Eteta*~~ Cmmbli~l: 'b 11 haJ 2

onproposedrmimI0Commhh Regula(ionNo. I9 (stalekplefllenla- 

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Regulation 19 is found in llrkansas 

### ' Code An~ltatud (A.C.A.) Sect:on 8-1-20!, ei Seq.

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'UDdatinuSecim 19.1P01 to Incorpdrate &en: federal air qe~o.:, regdallon c' 

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### S;eguatrm 19.

Cooiesol the orooowlchansles are aiatbble lof'phlic ?;spection a~f.T.9 repbynusmesr .: urs at the AOEO offlce 1It< F.-~L Orle~&h ard Ass:slance (FJA)Diviston,or al ADEO ~nlwmalion deposilories loca:ed in public libraries atArkadelphia. Batesuille.BlyUlef&. Camden, C!in!on, Crossetl. El Dorado. Fay. ene~~lk. FonestC$, FatSmiIh.Harrison. Helena, nope, Hot Springs, Jonesboro Little Rock Ma nolla, Meaa. ~oniicello, ~cuhaiainfbme, Pocahon:as, Russellville, Searcy, Slultgarl. Terarkana, J': ?lestMew pha: incampus Ii\rz!,es at !he Unirersily ol kkansas a1 Pine B!uH and the Un~vers~ty 01CenlralArkansas at Conivay; or n the Arkansas Staletibrary located on the State Capitol gcundsal LillkFock. Inadfition, a copy olthe regulation showing the pwosedchaoges. alwgwith relaled support documents,is availablelor vlewing cr dowrilcading at the ADEOis tn:ernel web site located at W:I z.?aj.s+aie .W.JS.

w a?dantten CO~&IS WI~I tu 3c:ep:eC a! tne healing, bunrtlten carrvents are prderrea m Me ink. esis cfaccura& Inaddilion.written acd eleclrm.c madtommertswlY be wn;,deieu if rece.ved no later taan r?a p r JUI; I 1, ?W8 Wnttecon!. menls should be mafled to Dong Szenher, POA >fls~on,AhsasOeparlsenl 01 Fnv~ronmental Pnality, 5301 Northshore Drive, NorthLrltle Rock AA 72118 E-mail commwls should be sent to regzomrne-t!@adep stalear ut-? kbkh-: Kay26 and21.2.7&. Terw tws,harY AWs Departm8llldE~mm- "Y("bd%

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# ARKANSAS DEPARTMENT OF 

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### The following comments are those that were relevant to Chapter 

### 14- CAIRNOx Ozone Season TradingProgram provisions ofRegulation Number 

### 19 BEFORE THE ARKANSASPOLLUTION CONTROL AND ECOLOGY COMMISSION IN THE MATTER OF AMENDMENTSTO ) 

### REGULATION NO. 19, REGULATIONSOF THE) DOCKET NO. 08-008-R ARKANSAS PLAN OF IMPLENIENTATION ) 

### FOR AIR POLLUTION CONTROL 

## 1 RESPONSIVE SUMMARY FOR REGULATION NO. 19,REGULATIONSOF THE ARKANSASPLAN OF IMPLEMENTATION FOR AIR POLLUTION CONTROL Pursuant to A.C.A. § 

### 8-4-202(d)(4)(C) and Regulation No. 8, Section 3.6.2(2), a responsive summary groups public comments into similar categories and explains why the Arkansas Pollution Control and Ecology Commission ("Commission") accepts or rejects the rationale for each category or comment.
Comment 133 -Reg. 19.1402 -Spell out all numbers and place the numericin parentheses except dates. Response 133-There is no guidance on the proper formattingof numbers in the ADEQ7sand Arkansas Pollution Control and Ecology Commission's Regulation Formatting and Drafting Guidelines. Therefore,no changeswill be made based on this comment. Comment 134

## -Reg. 19.1403(A)

## -Spell out all numbersand place the numericin parentheses exceptdatesand referencesto regulations. Response 134-There is no guidance on the proper formattingof numbers in the ADEQ7sand Arkansas Pollution Control and Ecology Commission's Regulation Formattingand Drafting Guidelines. Therefore,no changes will be made based on this comment. Comment 135 -Reg. 19.1404(A)-Delete "paragraph (B) 

### ofthis sectionn and replace it with "Reg. 19.1404(B)". Response 135 -ADEQ agreeswith this comment and the change will be made. Comment 136 -Reg. 19.1404(A)-Spell out all numbers and place the numeric in parentheses except datesand referencesto regulations.

Page I of3 

### EXHIBIT B

### Response 136-There is no guidance on the proper formatting of numbers in the ADEQ's and Arkansas Pollution Control and Ecology Commission's Regulation Formatting and Drafting Guidelines. Therefore, no changes will be made based on this comment. 

### Comment 137 -Reg. 19.1404@) -Delete "paragraph (A) ofthis section" and replace it with "Reg. 19.1404(A)n. Response 137

# -ADEQ agrees with this comment and the change will be made. 

### Comment 138-Reg. 19.1404(B) -Spellout all numbers and place the numericin parentheses except dates and references toregulations. Response 138

# -There is no guidance on the proper formatting of numbers in the ADEQ's and ArkansasPollution Control and Ecology Commission's Regulation Formatting and Drafting Guidelines. Therefore, no changes will be made based on this comment. 

### Comment 139-Reg. 19.1404(B) -Delete "paragraph (E) 

### ofthis sectionn and replace it with "Reg. 19.1404(E)". Response 139

## -ADEQ agrees with this comment and the change will be made. 

### Comment 140-Reg. 19.1404(C) -Delete "paragraph (B) 

### of this section" and replace it with "Reg. 19.1404(B)". Response 140-ADEQ agreeswith this comment and the changewill be made. 

### Comment 141-Reg. 19.14040) -Delete "paragraph 

### (A) ofthis sectionn and replace it with "Reg. 19.1404(A)". Response 141

## -ADEQ agrees with this comment and the change will be made. 

### Comment 142-Reg. 19.1404@)(1) -Spellout all numbers and place the numeric in parentheses except references toregulations. Response 142-There is no guidance on the proper formatting of numbers in the ADEQ's and Arkansas Pollution Control and Ecology Commission's Regulation Formatting and Drafting Guidelines. Therefore, no changes will be made based on this comment. 

### Comment 143-Reg. 19.1404@)(2) -Delete "paragraph (B) 

### of this section" and replace it with uReg.19.1404(B)n. Response 143-ADEQ agrees with this comment and the change will be made. 

### Comment 144-Reg. 19.1404@)(3) -Delete "paragraph @)(2) of this section" and replace it with "Reg. 19.1404@)(2)".

Page 2 of 3 

### EXHIBIT B

### Response 144

## -ADEQ agreeswith this comment and the change will be made. 

### Comment 145-Reg. 19.1404@)(4) -

### Delete "paragraph @)(2) ofthis sectionn and replace itwith "Reg. 19.1404@)(2)". Response 145

## -ADEQ agrees with this comment and the change will be made. 

### Comment 146 -Reg. 19.1404@)(4)(a) -Delete "paragraphs @)(2) and (3) ofthis section" and replace itwith "Reg. 19.1404@)(2) and (3)". Response 146-ADEQ agreeswith this comment and the change will be made. 

### Comment 147 -Reg. 19.1404@)(4)(b) 

## -Delete "paragraph @)(4)(a) of this sectionn and replace itwith "Reg. 19.1404@)(4)(a)". Response 147

## -ADEQ agrees with this comment and the change will be made. 

### Comment 148-

### Reg. 19.1404@)(4)(d) 

## -Add "19.1404" between "Reg." and "@)(4)(a)" and delete "paragraph". Response 148-ADEQ agreeswith this comment and the change will be made. Additionally "of this section" will be deleted. 

### Comment 149-

### Reg. 19.1404@) -

### Delete "paragraph (B) 

### ofthis section" and replace it with "Reg. 19.1404(B)". Response 149-ADEQ agreeswith this comment and the change will be made. 

### Comment 150

## -Reg. 19.1404@) 

## -Spell out all numbers and place the numeric in parentheses except referencestoregulations. Response 150-There isno guidance on the proper formatting ofnumbers in the ADEQ's and ArkansasPollution Control and Ecology Commission's Regulation Formatting and Drafting Guidelines. Therefore, no changeswill be made based on this comment.

Page 3 of3 

### EXHIBIT 

### B

### BEFORE THE ARKANSAS POLLUTION CONTROLAND ECOLOGY COMMISSION IN THE MATTER OF AMENDMENTS TO ) 

### REGULATION NO. 19, REGULATIONS OF THE) DOCKET NO. 08-004-R ARKANSAS PLAN OF IMPLEMENTATION ) 

### FOR AIR POLLUTION CONTROL 

### 1 RESPONSIVE SUMMARY FOR REGULATION NO. 19, REGULATIONS OF THE ARKANSAS PLAN OF IMPLEMENTATION FOR AIR POLLUTION CONTROL Pursuant to A.C.A. § 

### 8-4-202(d)(4)(C) and Regulation 8, Reg. 8.815, a responsive summary groups public comments into similar categories and explains why the Arkansas Pollution Control and Ecology Commission ("Commission") accepts or rejects the rationale for each category or comment. 

### Only positive, supportivecomments were received during the comment period for this proposed rule change. Therefore, no changes were made based on these comments.

Page 1 of 1 

### EXHIBIT 

### BUNITED STATES ENVfRONMENTALPROTECllONAGENCY REGION 6 1445 ROSSAVENUE, SUITE 1200 DALLAS, TX 75202-2733 

# JUL 0 

# 3 

# 2008

Mr. Doug Szenher Public Outreach and Assistance Division Arkansas Department of Environmental Quality 5301 Northshore Drive North Little Rock, AR 72118 

### RE: Commentson Arkansas's Proposed Revisions to the StateImplementationPlan (SIP) for the Clean Air InterstateRule (CAR)Nitrogen Oxide (NOx)Ozone Season Trading Program Dear

### Mr. Szenher: Thank you forthe opportunity to review and comment on the proposed changesto Regulation 19,Chapter 14, Sections 19.1401and 19.1404. This actionproposes to update the incorporationby reference date to be consistent with recent Federal CAR rulemakings and to correct

### an abbreviation. Theseproposed revisions 

### are necessary for Arkansasto continueto have an adequateCAIR SIPconsistentwith the requirements of 40 Code of Federal Regulations 51.123. We encourage you to move forward with adoption of these revisions as proposed. We appreciatethe time and attention your staffhas devotedto processing this proposed rulemaking and your willingness to consult Region 

### 6 during the rule development. Please note that these comments do not constitute final determinations concerning approvabilityof the Arkansas CAIR NOx Ozone Season SIP. We look forward to working with the Arkansas Department ofEnvironmental Quality 

### as you move to finalize and submit the Arkansas CAlR NOx Ozone Season SIPrevisions. 

### If you have any questions,please call Ms. Adina Wiley of my staff at (214) 665-21 15. Sincerelyyours, 

# $hv&-

Jeff Robinson Chief AirPermits Section

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