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~ Srm 23 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 State Library Agency Certification Forms 

Public Participation 

- Public Notice Information 

- Public Hearing Sign-in Sheets - Public Comments and Responsiveness Summaries 
Arkansas 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 

of January 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 of the June 26, 

2009, regulation change. 

On July 22, 2007, the Arkansas Pollution Control and Ecology Commission adopted 

portions of the federal CAIR into Regulation Number 19, Regulations of the 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 of Regulation Number 19. This SIP revision 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 able to 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 19 were editorial in nature, and involved 

improving consistency and correcting typographical errors in the regulation. 

In accordance with the Code of Federal Regulations Part 5 I Appendix V, Criteria for 

Determining the Completeness of Plan Submissions, the following documents provide 

details on Arkansas's CAIR SIP revision submittal. 
ARKANSAS POLLUTION CONTROL 

AND ECOLOGY COMMISSION 

SUBJECT Adoption of 

Revisions to Re~ulation 19, 

Repulations of the Arkansas 

Plan of Implementation for 

Air Pollution Control 

DOCKET NO. 08-008-R 

MINUTE ORDER NO. 08 - 8 8 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 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 SUBMlTTED BY: Mike Bates PASSED: 12/05/08 

Chairman 
AAWL4NSA.S POLLUTION CONTROL 

AND ECOLOGY COMMISSION 

SUBJECT Adoption of Revisions 

- 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-MULGATED THlS 26'h DAY OF JUNE, 2009, BY ORDER OF THE ARKANSAS 

POLLUTION CONTROL AND ECOLOGY COMMISSION. 

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 authority to adopt and implement this State Implementaito Plan revision 

can be found in Arkansas Code Annotated (A.C.A.) 4 8-1-203(b)(I). 
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: 

(l)(A)Promulgation of rules and regulations implementing the substantive statutes 

charged to the Arkansas Department of Environmental 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 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)(l)(B) of this section. 

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

defined in the commission's rulemaking required under subdivision (b)(l)(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)ln the case of permitting or grants decisions, providing the right to appeal a permitting 

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

Quality or his or her delegatee; 

(5)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 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)(l)ln 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)ln hearings upon appeals of permitting or grants decisions by the director or contested 

administrative enforcement or emergency actions initiated by the director, the 

administrative hearing officer shall administer the hearing in accordance with procedures 

adopted by the commission and, after due deliberation, submit his or her recommended 

decision to the commission. 

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

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

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

received unless the commission so decides in accordance with established administrative 

procedures. 

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

adjudicatory hearing. 

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

or reverse and remand to the director. 

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

agency action for purposes of appeal. 

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

applicable law. 

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

one (1) or more committees composed of commission members to act in an advisory 

capacity to the full commission. 

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, 5 
Pollution 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 of Regulations 

40 CFR Part 96, Subparts AAAA-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 201 5 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 CAIR NO, 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 4th year after the notification 

deadline. 

(B) For EGUs allocated allowances under Reg. 19.1404(D), the Department will determine 

and notify the Administrator of each unit's allocation of CAIR NO, Ozone Season 

allowances by July 3 1 of the year for which the CAIR NO, Ozone Season allowances 

are allocated. 
Reg. 19.1404 CAIR NOx Ozone 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 

each unit in proportion to each unit's share of the total control period heat input of such 

units for the year. For the allocations allocated for 2009,20 10,20 1 1, baseline data will 

be determined using gross electrical output for 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 allowances to 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 of baseline gross 

electric generation of all such CAIR NO, Ozone Season units in the State and rounding 

to the nearest whole allowances as appropriate. 

(D) For each control period in 2009 and thereafter, the Department will allocate CAIR NO, 

Ozone Season allowances to CAIR NO, 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 Season 
allowances equal to 5 percent of the amount of tons of NO, 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 specified by 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 control period 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 

such request 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) for the control period. 
(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 NOx Ozone 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 setm 

aside for the control period is less than the sum under & 19.1404 

(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 

multiplied by the amount of 

Reg. 19.1404 

CAIR 

psa-gqh 

NO, Ozone Season allowances in the 

(D)(4)(a) u)

new unit set-aside for the control period, divided by the sum determined 

under Reg. 19.1404 pwa+ya& (D)(4)(b)-, and rounded to the 

nearest whole allowance as appropriate. 

(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 

CAIR NO, 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 as appropriate. 
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 notice of proposed regulations and public hearing. 

P~lblicat~on Dates of Publication 

Arkansas Democrat-Gazette July 2 and Julv 3. 2008 

4. Provide Legislative Council with 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 response to comments prepared by Department 

Date Initiated: Auqust 18. 2008 Date Completed: October 24. 2008 

EXHIBIT D 
8 Formal presentation to 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 Commission for 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 regulatron to EPA. 

Date Mailed: Upon final promul~ation of Requlatlon 

PREPARED BY: 

ARKANSAS DEPARTMENT 

OF ENVIRONMENTAL QUALITY 

By: ' 

Mlke Bates 

EXHIBIT D 
ADEQ REGULATIONS TRACKING SHEET 

Regulation No. 19 Common Name: Requlations of the Arkansas Plan of 

Implementation for Air Pollution Control 

1. Strawman review of draft regulations by key groups. 

initiated completed incorporated 

EPA April 24, 2008 July 11, 2008 NIA 

ADEQ LegallAdmin. April 10, 2008 July 1 1. 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 Committee for 

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 Council with 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 D 
Formal 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 I / 

. . - . - - - . . 

d.. v--- 1, 

Little Rock, Arkansas 72201 -1094 . , \ (501 ) 682-3527 

For Office 

Use Only: Effective Date Code Number 

Arkansas Department of Environmental Quality 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, Regulations of he AR Plan of Implementation lor Air Pollution Control; Docket No 08-008-R; Minute Order No. 08-38. 

Rule Title: 

Intended Effective Date 

0 Emergency Legal Notice Published .............................. I 10 Days After Filing Final Date for Public Comment .................... 1 0 Other 

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 1478 012003) 

0 Electronic Copy of Rule e-mailed from: 

Contact Perm Ernall Address Dale 

CERTIFICATION OF AUTHORIZED BFF1CER 

I Hereby Certify That The Attached Rules Were Adopted 

In Com~liance with Act 434 of 1967 As Amended. 

V 

(501) 682-7890 ornalley@adeq.state.ar.us 

Phone Number E-mall Address 

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 

Name of Agency 

Department Arkansas Department of Environmental Qualdy 

ba:es@adeq stale ar us 

contact M~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 8-4-31 1(b)(1) I 

Regulat~on No 19, Reyulatlons of the AR Plan of Irnplementat~on for Air Pollution Control; Docket No 08-004-R; Minute Order 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 14i8 of 2003) I 

Electron~c Copy of Rule e-mailed frorn: 

Co~~acl Peapan Emall ACdress 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 State Library 

One Capitol 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 for Promulgating 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 Order No. 08-38. 

1 January 25,2009 

Repealed RulelRegulation 1 Other 

Effective Date - Rule Status Effective Date Status 

3 Order 

I I 

1 

Rule above is proposed and will be replaced by final version 

' New Rule/Regulation I Emergency I, 

I 

I 

Repealed i, 

I 11 

1 3 Emergency Rule/Regulation ! 

I [XI Financial and/or Fiscal Impact Statement Attached 

I 

I Certification of Authorized Officer i I J 

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 u 

I 

Adopted by State Agency 

1 
ARKANSAS STATE LIBRARY / 

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Agency Certification Form \ ', , i;,' , For Depositing Final Rules and Regulations 1; ' - .\,I 

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-- //.LC, ,,; . " -, .:, , 'Doc~lments Services Arkansas State Library >__-- 

/' ,' One Capitol Mall Little Rock, AR 72201-1004 -C--/ 501-682-2326 Phone; 501-682-1532 FAX 

! Effective Date: Classification Number: 

: Name of Agency: Arl\nnsas Depart~rient of Environniental ~uafity 

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

9 i 

: I 

8 Statutory Authority for Promulgating Roles: A. C. A. 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 

F 

i~ontrol; 

1 1 [7 New R~~IeiRegulation 

Docket 

Rule Status 

NO 08-004-R; ~inute Order No. 09-10. I 

i Amended Rulc/Kegulation 

I 1 Repealed R~ileIRegulation 

Effective Date Status 

C] Emergency 

1 0 0rclt.r i 

9 

a Rule above is proposed and will be replaced by final version 

Effective Date 

1 

[XI 10 Days after filing 

Other 

I 

I Emergency Kule/Regulation 

[XI Financial andlor Fiscal Impact Statement Attached 

1 

I 

July 18,2009 

i 

[7 Repealed 

I 

Adopted by State Agency li I 

: 

I Certification of Authorized Officer I 

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1 

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I hereby certify that the attached rules were adopted in compliance with Act 434 of 1967 as 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 of Environmental 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 18 hearing starting at 

2:00 p.m., followed by the Regulation 19 hearing immediately after comments on Regulation 18 

have been completed. The Regulation 26 hearing will begin immediately after comments on 

Regulation 19 end. 

Commission authority to revise Regulations 18, 19, and 26 is found in Arkansas Code 

Annotated (A.C.A.) Section 8-4-30 1, et seq. 

Proposed changes to Regulation 1Vo. 18 involve: 

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 of particulates, 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 of emission 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 statements with new 

language referencing Commission Regulation 8 (administrative procedures) containing 

applicable language. 

Clarification of Reg. 18.307 to specify that public notice requirements do not apply in 

cases of ownership or name changes. 

Modifying and adding De Minimis levels in Reg. 18.307 to 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. 

18.3 14 (Permit Flexibility); and Reg. 18.3 15 (Registration). 

Changes to Appendix A, Insignificant Activities 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 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 of typographical 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 19 include: 

Adding a new definition for Title 1 modification, and changing the definition of volatile 

organic compounds to conform to the federal definition. 

Updating Reg. 19.401 to change the emissions permitting thresholds for carbon 

monoxide, nitrogen oxides, sulfur dioxide, volatile organic compounds, particulate matter 

10 micrograms or smaller in diameter, single hazardous air pollutants, and combinations 

of hazardous 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 of Reg. 19.407 to specify that public notice requirements do not apply in 

cases of ownership or name changes. 

Modifying and adding De Minimis levels in Reg. 19.407 to 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. 

Updating Reg. 19.412 by incorporating by reference the Federal Register date involving 

federal dispersion modeling guidelines. 

Addition of new Reg. 19.41 4 (Operational Flexibility--Applicant's duty to apply for 

alternative scenarios); Reg. 19.41 5 (Changes resulting in no emissions increases); Reg. 

19.41 6 (Permit Flexibility); and Reg. 19.4 17 (Registration). 

Addition of a new Reg. 19.41 7 (Registration) to allow for tracking of facilities that are 

currently regulated under the emission limits in Reg. 19.401 but would not be regulated 

under the proposed changes to Reg. 19.401. 

Updating Reg. 19.904 (Adoption of Regulations) to incorporate by reference various 

revisions to the SIP required under recent federal regulation changes. 

Changes to Appendix A, Insignificant Activities List: Under Group A, ltem 12, the 

addition of exemptions for generators that provide electricity to the distribution grid; and 

under Group B, ltem 69, the addition of hazardous 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 of typographical 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 of the definition of Title 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 months prior to the permit expiration date. 
Modifying Reg. 26.801 (Applicant's duty to apply for alternative scenarios) to make the 

section applicable to all permits issued under Regulation 26. 

Updating Reg. 26.1002 (Minor permit 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 of particulate matter. 

Adding Reg. 26.101 3 (Permit Flexibility). 

Correction of typographical 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 of the 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 of Arkansas at Pine Bluff and the University of Central 

Arkansas at Conway; or in the Arkansas State Library located on the State Capitol grounds at 

Little Rock. In addition, a copy of the 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 comments will be accepted at the hearing, but written comments are 

preferred in the interests of accuracy. In addition, written and electronic mail comments will be 

considered if received no later than 4:30 p.m. August 18,2008. Written comments should be 

mailed to Doug Szenher, POA Division, Arkansas Department of Environmental 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 of Environmental Quality 

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ADEQ 41th 4hSAS i)I;xIOCRAT-GAZE TTE, I?T~ 

5301 NORTH SHORE DR f' 0. IIOX 2221 

NORTH LITTLE ROCK AR 72118 r 5 3"-- 1- xPt-p*- 

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ATTN: Fiscal Office 

DATE : 07/03/08 INVOICE #: 2326023 

ACCT 9: L844316 P.O. #: 

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. 

EATS r).n.Y LINP.GE PFiTF PATE ~.~~y L=I;A';E A AT;'^. 

07/02 Wed 355 1.25 

07/03 Thu 355 1.25 

LID CGC) I"Y 

TOTAL COST ----------------------- 

Billing Ad #: 51727014 
NOTICE OF PUBLIC HEARING 

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 of Environmental Quality 

(ADEQ) headquarters building, 530 1 Northshore Drive. 

Commission authority to revise Regulation 19 is found in Arkansas Code Annotated 

(A.C .A.) Section 8-4-201, et seq. 

Proposed changes to Regulation No. 19 involve: 

Updating Section 19.1401 to incorporate recent federal air quality regulation changes for 

a new definition of the term, "biomass," and modification or clarification of the terms, 

"cogeneration unit," "total energy input," and "permitting authority." 

Correcting the abbreviation of the term "MW" (megawatt) to "MWh" (megawatt hour) in 

Section 19.1404. 

The revisions to Regulation 19 are 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 of the 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 of Arkansas at Pine Bluff and the University of Central 

Arkansas at Conway; or in the Arkansas State Library located on the State Capitol grounds at 

Little Rock. In addition, a copy of the 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 comments will be accepted at the hearing, but written comments are 

preferred in the interests of accuracy. In addition, written and electronic mail comments will be 

considered if received no later than 4:30 p.m. July 1 1, 2008. Written comments should be mailed 

to Doug Szenher, POA Division, Arkansas Department of Environmental 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 of Environmental Quality 
and Eteta*~~ Cmmbli~l: 'b 11 haJ 2 

on proposed rmim I0 Commhh 

Regula(ion No. I9 (stale kplefllenla- ' tdn plan for air pcUu1m cMltrd~. The - IRaring will k I&' a1 23 p.m. n the 

! Commission Room a1 Ike Arkansas ' Department 01 EnvironmenM Qua!l!y 

hore are. I Commission aulhonly to rerise 

Regulation 19 is found in llrkansas ' Code An~ltatud (A.C.A.) Sect:on 

8-1-20!, ei Seq. 

Proposed cbges lo Regulalim No.19rruohre: 

'UDdatinu Secim 19.1P01 to Incorpdrate &en: federal air qe~o.:, 

regdallon c' .:.je !or a nen detir I IW d lhe M,..,. bumass.' and mob. 

C 

kam cz c @-fl~atm d Ihe terms. 

'co$pw&;o+ uw; ?@dl cii*iCr 11- 

pa, anj';*:~.~q+&a,i' 

'W" - '.~.i. BM:$&~ el b 

(yn term 'MF :megawen: to 'VtVh' ho;rl n htm 19.1OGa 

he rewsms to RFguIarm 19 are 

bero ommsed m order to brilxl the 

sta.6 legkallon ,:!o conlormince WI' tne ledera! Lean Air Intecslate 

Rule (CAiRJ, vniCh !?:.s r,lh !olerstale transport of %qen ox& and 

alfur Qoride emia5ir.n~ lrMll IOSsf. 

fua hered HK r pnera:hg mfls 

ihcugC tPe bse o: : cap an6 trade 

Droarav. F,:?aiars of !he CAJR program pr~musl wwe t&pmed by 

re+etence ,t:o S;egu atrm 19. 

Cooies ol the orooowl chansles are aiatbble lof'phlic ?;spection a~f.T.9 repby nusmesr .: urs at the 

AOEO offlce 1 It< F.-~L Orle~&h 

ard Ass:slance (FJA) Diviston, or al 

ADEO ~nlwmalion deposilories loca:ed in public libraries at Arkadelphia. Batesuille. BlyUlef&. Camden, 

C!in!on, Crossetl. El Dorado. Fay. 

ene~~lk. Fonest C$, Fat SmiIh. Harrison. Helena, nope, Hot Springs, 

Jonesboro Little Rock Ma nolla, 

Meaa. ~oniicello, ~cuhaiainfbme, 

Pocahon:as, Russellville, Searcy, Slultgarl. Terarkana, J': ?lest Mew 

pha: in campus Ii\rz!,es at !he Unirersily ol kkansas a1 Pine B!uH and 

the Un~vers~ty 01Cenlral Arkansas at 

Conivay; or n the Arkansas Stale tibrary located on the State Capitol 

gcunds al Lillk Fock. In adfition, a copy ol the regulation showing the 

pwosed chaoges. alwg with relaled 

support documents, is available lor 

vlewing cr dowrilcading at the ADEOis tn:ernel web site located at W:I z.?aj.s+aie .W.JS. 

w a?d antten CO~&IS WI~I tu 

3c:ep:eC a! tne healing, bu nrtlten 

carrvents are prderrea m Me ink. 

esis cf accura& In addilion. written 

acd eleclrm.c mad tommerts wlY be 

wn;,deieu if rece.ved no later taan r ?a p r JUI; I 1, ?W8 Wntte con!. 

menls should be mafled to Dong 

Szenher, POA >fls~on, Ahsas Oeparlsenl 01 Fnv~ronmental Pnality, 

5301 Northshore Drive, North Lrltle 

Rock AA 721 18 E-mail commwls 

should be sent to 

regzomrne-t!@adep stale ar ut-? 

kbkh-: Kay 26 and 21.2.7&. 

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AWs Departm8lll d E~mm- 

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ARKANSAS DEPARTMENT OF POLLUTION CONTROL 

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Registration for public statement 

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ARKANSAS DEPARTMENT OF 

POLLUTION CONTROL & ECOLOGY 

HEARING/MEETING REGIS'TRATION 

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The following comments are those that were relevant to Chapter 14- CAIR NOx 

Ozone Season Trading Program provisions of Regulation Number 19 

BEFORE THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION 

IN THE MATTER OF AMENDMENTS TO ) 

REGULATION NO. 19, REGULATIONS OF THE) DOCKET NO. 08-008-R 

ARKANSAS PLAN OF IMPLENIENTATION ) 

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 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 numeric in 

parentheses except dates. 

Response 133 -There is no guidance on the proper formatting of numbers in the ADEQ7s and 

Arkansas Pollution Control and Ecology Commission's Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 134 - Reg. 19.1403(A) - Spell out all numbers and place the numeric in 

parentheses except dates and references to regulations. 

Response 134 -There is no guidance on the proper formatting of numbers in the ADEQ7s and 

Arkansas Pollution Control and Ecology Commission's Regulation Formatting and Drafting 

Guidelines. Therefore, no changes will be made based on this comment. 

Comment 135 - Reg. 19.1404(A) -Delete "paragraph (B) of this sectionn and replace it 

with "Reg. 19.1404(B)". 

Response 135 - ADEQ agrees with 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 dates and references to regulations. 

Page I of 3 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) of this 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) - Spell out all numbers and place the numeric in 

parentheses except dates and references to regulations. 

Response 138 - 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 139 - Reg. 19.1404(B) - Delete "paragraph (E) of this 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 agrees with this comment and the change will be made. 

Comment 141 - Reg. 19.14040) - Delete "paragraph (A) of this 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) - Spell out all numbers and place the numeric in 

parentheses except references to regulations. 

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 agrees with this comment and the change will be made. 

Comment 145 -Reg. 19.1404@)(4) - Delete "paragraph @)(2) of this sectionn and 

replace it with "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) of this section" 

and replace it with "Reg. 19.1404@)(2) and (3)". 

Response 146 - ADEQ agrees with this comment and the change will be made. 

Comment 147 -Reg. 19.1404@)(4)(b) - Delete "paragraph @)(4)(a) of this sectionn and 

replace it with "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 agrees with this comment and the change will be made. Additionally 

"of this section" will be deleted. 

Comment 149 - Reg. 19.1404@) - Delete "paragraph (B) of this section" and replace it 

with "Reg. 19.1404(B)". 

Response 149 - ADEQ agrees with this comment and the change will be made. 

Comment 150 - Reg. 19.1404@) - Spell out all numbers and place the numeric in 

parentheses except references to regulations. 

Response 150 -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. 

Page 3 of 3 EXHIBIT B 
BEFORE THE ARKANSAS POLLUTION CONTROL AND 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, supportive comments 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 B 
UNITED STATES ENVfRONMENTAL PROTECllON AGENCY 

REGION 6 

1 445 ROSS AVENUE, 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 721 18 

RE: Comments on Arkansas's Proposed Revisions to the State Implementation Plan 

(SIP) for the Clean Air Interstate Rule (CAR) Nitrogen Oxide (NOx) Ozone 

Season Trading Program 

Dear Mr. Szenher: 

Thank you for the opportunity to review and comment on the proposed changes to 

Regulation 19, Chapter 14, Sections 19.1401 and 19.1404. This action proposes to 

update the incorporation by reference date to be consistent with recent Federal CAR 

rulemakings and to correct an abbreviation. These proposed revisions are necessary for 

Arkansas to continue to have an adequate CAIR SIP consistent with the requirements of 

40 Code of Federal Regulations 51.123. We encourage you to move forward with 

adoption of these revisions as proposed. 

We appreciate the time and attention your staff has devoted to 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 approvability of the Arkansas CAIR NOx Ozone Season SIP. We look 

forward to working with the Arkansas Department of Environmental Quality as you 

move to finalize and submit the Arkansas CAlR NOx Ozone Season SIP revisions. If 

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

Sincerely yours, 

$hv &- 

Jeff Robinson 

Chief 

Air Permits Section 

Rwc~ecyclabIe Pmtd wHh Vegetable Oil Based Inb on 100% Recycled Paper (40% Postconsumer)