Arkansas Pollution Control and Ecology Commission

REGULATION NO. 19: REGULATIONS OF THE ARKANSAS PLAN OF IMPLEMENTATION FOR AIR POLLUTION CONTROL

CHAPTER 7: SAMPLING, MONITORING, AND REPORTING REQUIREMENTS
As approved by EPA August 23, 2019 (84 FR 44235) SIP effective September 23, 2019 (ARd33),
Regulations.gov docket EPA-R06-OAR-2019-0301 [AR029].

OUTLINE
Reg. 19.701 Purpose. ARd07
Reg. 19.702 Air Emissions Sampling. ARd33-6
Reg. 19.703 Continuous Emissions Monitoring. ARd33-6
Reg. 19.704 Notice of Completion. ARd07
Reg. 19.705 Record Keeping and Reporting Requirements. ARd09
Reg. 19.706 Public Availability of Emissions Data. ARd07
****end Chapter 7 outline****

Reg. 19.701 Purpose. ARd07
As approved by the Arkansas Pollution Control and Ecology Commission
December 3, 2004 effective December 19, 2004. Submitted to EPA February 3, 2005 (AR-16),
Regulations.gov document EPA-R06-OAR-2005-AR-0001-0002 [AR001.02] adobe page 45.
Approved by EPA April 12, 2007 (72 FR 18394) SIP effective May 14, 2007 (ARd07),
Regulations.gov docket EPA-R06-OAR-2005-AR-0001 [AR001].

     The purpose of this chapter is to generally define the powers of the Department in requiring
sampling, monitoring, and reporting requirements at stationary sources. The Department shall
enforce all properly incorporated and delegated federal testing requirements at a minimum. Any
credible evidence based on sampling, monitoring, and reporting may be used to determine
violations of applicable emission limitations.
**********end AR Reg 19.701 SIP effective May 14, 2007 (ARd07)*********zz6***

Reg. 19.702 Air Emissions Sampling. ARd33-6
As approved by the Arkansas Pollution Control and Ecology Commission
February 26, 2016 effective March 14, 2016. Submitted to EPA March 24, 2017 (AR-46),
Regulations.gov document EPA-R06-OAR-2019-0301-0006 [AR029.06] adobe page 919.
Approved by EPA August 23, 2019 (84 FR 44235) SIP effective September 23, 2019 (ARd33),
Regulations.gov docket EPA-R06-OAR-2019-0301 [AR029].

     Any stationary source subject to this regulation shall be subject to the following requirements:
     (A) Sampling Ports
     To provide any sampling ports, at the request of the Department, required for federally regulated
air pollutant emissions sampling, including safe and easy access to such ports.
     (B) Sampling
     To conduct federally regulated air pollutant emissions sampling, at the request of the
Department, to determine the rate, opacity, composition, and/or contaminant concentration of the
emissions. All compliance testing shall be done at the expense of the permittee by an
independent firm, unless otherwise approved by the Department. Sampling shall not be required
for those pollutants with continuous emissions monitors.
     (C) Averaging Times
     All compliance testing averaging times shall be consistent with the averaging times of the
applicable federally regulated air pollutant emissions limitations stated in the applicable permit,
which in no case shall be greater than the minimum averaging times of the applicable NAAQS.
     (D) Process Rates
     Unless otherwise approved by the Department, all federally regulated air pollutant emissions
sampling shall be performed with the equipment being tested operating at least at 90% of its
permitted capacity. Emissions results shall be extrapolated to correlate with 100% of permitted
capacity to determine compliance.
     (E) Testing Time Frames
     Any equipment that is to be tested, at the request of the Department, shall be tested in accordance
with the following time frames:
          (1) Equipment to be constructed or modified shall be tested within 60 days after
achieving its maximum permitted production rate, but no later than 180 days after
its initial startup;
          (2) Equipment already operating shall be tested according to the time frames set forth
by the Department.
     (F) Testing Methods and Records
     The Department shall require that all applicable testing be performed using the methods
described in 40 C.F.R. Part 51, Appendix M, as of the effective date of the federal final rule
published by EPA in the Federal Register on April 2, 2014 (79 FR 18452); 40 C.F.R. Part 60,
Appendix A, as of the effective date of the federal final rule published by EPA in the Federal
Register on February 27, 2014 (79 FR 11257); 40 C.F.R. Part 61, Appendix B, as of the effective
date of the federal final rule published by EPA in the Federal Register on October 17, 2000 (65
FR 62161); and 40 C.F.R. Part 63, Appendix A, as of the effective date of the federal final rule
published by EPA in the Federal Register on December 29, 1992 (57 FR 62002). The
Department, with the concurrence of the EPA, may approve, at its discretion, alternate sampling
methods that are equivalent to the specified methods. The results of such tests shall be submitted
to the Department within the time frames and on such forms as required by the Department and
federal regulations. The owner or operator of the equipment shall retain the results of such tests
for at least five (5) years, and shall make the results available to any agents of the Department or
the EPA during regular business hours.
**********end AR Reg 19.702 SIP effective September 23, 2019 (ARd33-6)*********zz6***

Reg. 19.703 Continuous Emissions Monitoring. ARd33-6
As approved by the Arkansas Pollution Control and Ecology Commission
February 26, 2016 effective March 14, 2016. Submitted to EPA March 24, 2017 (AR-46),
Regulations.gov document EPA-R06-OAR-2019-0301-0006 [AR029.06] adobe page 921.  
Approved by EPA August 23, 2019 (84 FR 44235) SIP effective September 23, 2019 (ARd33),
Regulations.gov docket EPA-R06-OAR-2019-0301 [AR029].

     Any stationary source subject to this regulation shall, as required by federal law and upon
request of the Department:
     (A) Install, calibrate, operate, and maintain equipment to continuously monitor or determine
federally regulated air pollutant emissions in accordance with applicable performance
specifications in 40 C.F.R. Part 60 Appendix B as of the effective date of the federal final
rule published by EPA in the Federal Register on February 27, 2014 (79 FR 11271), and
quality assurance procedures in 40 C.F.R. Part 60 Appendix F as of the effective date of
the federal final rule published by EPA in the Federal Register on February 27, 2014 (79
FR 11274), and other methods and conditions that the Department, with the concurrence
of the EPA, shall prescribe. Any source listed in a category in 40 C.F.R. Part 51
Appendix P as of the effective date of the federal final rule published by EPA in the
Federal Register on November 7, 1986 (51 FR 40675), or in 40 C.F.R. Part 60 as of
August 30, 1992, shall adhere to all continuous emissions monitoring or alternative
continuous emission monitoring requirements stated therein, if applicable.
     (B) Report the data collected by the monitoring equipment to the Department at such
intervals and on such forms as the Department shall prescribe, in accordance with 40
C.F.R. Part 51, Appendix P, Section 4.0 (Minimum Data Requirements) as of the
effective date of the federal final rule published by EPA in the Federal Register on
November 7, 1986 (51 FR 40675), and any other applicable reporting requirements
promulgated by the EPA.
**********end AR Reg 19.702 SIP effective September 23, 2019 (ARd33-6)*********zz6***

Reg. 19.704 Notice of Completion. ARd07
As approved by the Arkansas Pollution Control and Ecology Commission
December 3, 2004 effective December 19, 2004. Submitted to EPA February 3, 2005 (AR-16),
Regulations.gov docket EPA-R06-OAR-2005-AR-0001-0002 [AR001.02] adobe page 46.
Approved by EPA April 12, 2007 (72 FR 18394) effective May 14, 2007 (ARd07),
Regulations.gov docket EPA-R06-OAR-2005-AR-0001 [AR001].

     For equipment for which a new permit or major permit modification is required, the Department
shall be notified in writing within 30 days of the following events;
     (A) The date of commencement of construction or modification; and
     (B) The date of commencement of operation of the equipment.
**********end AR Reg 19.704 SIP effective May 14, 2007 (ARd07)************

Reg. 19.705 Record Keeping and Reporting Requirements. ARd09
As approved by the Arkansas Pollution Control and Ecology Commission
 June 22, 2007 effective July 15, 2007. Submitted to EPA November 19, 2007 (AR-20),
Regulations.gov document EPA-R06-OAR-2007-1153-0003 [AR003.03] adobe page 18.
Approved by EPA January 15, 2009 (74 FR 02383) SIP effective March 16, 2009 (ARd09),
Regulations.gov docket EPA-R06-OAR-2007-1153 [AR003].

     Any stationary source subject to this regulation shall, upon request by the Department:
     (A) Maintain records on the nature and amounts of federally regulated air pollutants emitted
to the air by the equipment in question. All records, including compliance status reports
and excess emissions measurements shall be retained for at least five (5) years, and shall
be made available to any agent of the Department or EPA during regular business hours.
     (B) Supply the following information, correlated in units of the applicable emissions
limitations, to the Department:
          (l) General process information related to the emissions of federally regulated air
pollutants into the air.
          (2) Emissions data obtained through sampling or continuous emissions monitoring.
     (C) Information and data shall be submitted to the Department by a responsible official on
such forms and at such time intervals as prescribed by applicable federal regulations or
the Department. Reporting periods shall be a 12 month period.
     (D) Each emission inventory is to be accompanied by a certifying statement, signed by the
owner(s) or operator(s) and attesting that the information contained in the inventory is
true and accurate to the best knowledge of the certifying official. The certification shall
include the full name, title, signature, date of signature, and telephone number of the
certifying official.
**********end AR Reg 19.701 SIP effective March 6, 2009 (ARd09)*********zz6***
 
Reg. 19.706 Public Availability of Emissions Data. ARd07
As approved by the Arkansas Pollution Control and Ecology Commission
December 3, 2004, effective December 19, 2004. Submitted to EPA February 3, 2005 (AR-16),
Regulations.gov document EPA-R06-OAR-2005-AR-0001-0002 [AR001.02] adobe page 47.
Approved by EPA April 12, 2007 (72 FR 18394) SIP effective May 14, 2007 (ARd07),
Regulations.gov docket EPA-R06-OAR-2005-AR-0001 [AR001].

     Emissions data obtained by the Department shall be correlated in units of applicable emissions
limitations and be made available to the public at the Department's central offices during normal
business hours.
**********end AR Reg 19.706 SIP effective May 14, 2007 (ARd07)*********zz6***

 *end Arkansas Regulation No. 9, Chapter 7 SIP effective September 23, 2019 (ARd33)*a33*