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Arkansas SIP: Reg 19, Chap 9. Prevention of Significant Deterioration, SIP effective September 23, 2009 (ARd33)

Arkansas Pollution Control and Ecology Commission

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

CHAPTER 9: PREVENTION OF SIGNIFICANT DETERIORATION
As approved by EPA August 23, 2019 SIP effective September 23, 2019 (ARd33),
Regulations.gov docket EPA-R06-OAR-2019-0301 [AR029].

OUTLINE
Reg. 19.901 Title. ARd33-6
Reg. 19.902 Purposes. ARd14
Reg. 19.903 Definitions. ARd33-6
Reg. 19.904 Adoption of Regulations. ARd33-6
****end Chapter 9 outline****

Reg. 19.901 Title. 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 923. 
Approved by EPA August 23, 2019 (84 FR 44235) SIP effective September 23, 2019 (ARd33),
Regulations.gov docket EPA-R06-OAR-2019-0301 [AR029].

     The following rules and regulations of the Arkansas Pollution Control and Ecology Commission,
adopted in accordance with the provisions of Part II of the Arkansas Water and Air Pollution
Control Act at Ark. Code Ann. § 8-4-101 et seq., shall be known as the Prevention of Significant
Deterioration Regulations of the Arkansas Plan of Implementation for Air Pollution Control,
hereinafter referred to, respectively, as the “PSD Regulations.”
**********end AR Reg 19.901 SIP effective September 22, 2019 (ARd33)*********zza***

Reg. 19.902 Purposes. ARd14
As approved by the Arkansas Pollution Control and Ecology Commission
December 5, 2008 effective January 25, 2009. Submitted to EPA February 17, 2010 (AR-28),
Regulations.gov document EPA-R06-OAR-2012-0639-0002 [AR014.02], adobe page 13.
Approved by EPA April 2, 2013 (78 FR 19596) SIP effective May 2, 2013 (ARd14),
Regulations.gov docket EPA-R06-OAR-2012-0639 [AR014].

     Promulgation and enforcement of these PSD Regulations is intended to further the purposes of
the Plan and the Regulations of the Plan, including, but not limited to, acceptance of delegation
by the EPA of authority for enforcement of regulations governing the prevention of significant
deterioration of air quality and regulations governing the protection of visibility in mandatory
Class I federal areas.
**********end AR Reg 19.902 SIP effective May 2, 2013 (ARd14)*********zza***

Reg. 19.903 Definitions. 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 923. 
Approved by EPA August 23, 2019 (84 FR 44235) SIP effective September 23, 2019 (ARd33),
Regulations.gov docket EPA-R06-OAR-2019-0301 [AR029].

     (A) “Advance notification” (of a permit application) means any written communication
which establishes the applicant's intention to construct, and which provides the
Department with sufficient information to determine that the proposed source may
constitute a major new source or major modification, and that such source may affect any
mandatory Class I federal area, including, but not limited to, submittal of a draft or partial
permit application, a PSD monitoring plan, or a sufficiently detailed letter. “Advance
notification” does not include general inquiries about the Department’s regulations.
     (B) “Regulated NSR Pollutant,” for purposes of this chapter, means the following:
          (1) Any pollutant for which a national ambient air quality standard has been adopted
under Chapter 2 of this Regulation and any pollutant identified under this
paragraph (B)(1) as a constituent or precursor for such pollutant. Precursors
identified by the Department for purposes of NSR are the following:
               (a) Volatile organic compounds and nitrogen oxides are precursors to ozone
in all attainment and unclassifiable areas.
               (b) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas.
               (c) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment
and unclassifiable areas, unless Arkansas demonstrates to the
Administrator’s satisfaction or EPA demonstrates that emissions of
nitrogen oxides from sources in a specific area are not a significant
contributor to that area’s ambient PM2.5 concentrations.
               (d) Volatile organic compounds are presumed not to be precursors to PM2.5 in
any attainment or unclassifiable area, unless Arkansas demonstrates to the
Administrator’s satisfaction or EPA demonstrates that emissions of
volatile organic compounds from sources in a specific area are a
significant contributor to that area’s ambient PM2.5 concentrations.
          (2) Any pollutant that is subject to any standard promulgated under Section 111 of
the Act as of July 27, 2012;
          (3) Any Class I or II substance subject to a standard promulgated under or established
by Title VI of the Act;
          (4) Any pollutant that otherwise is subject to regulation under the Act;
          (5) Notwithstanding paragraphs (B)(1) through (4) of this section, the term regulated
NSR pollutant shall not include any or all hazardous air pollutants either listed in
Section 112 of the Act, or added to the list pursuant to Section 112(b)(2) of the
Act, and which have not been delisted pursuant to Section 112(b)(3) of the Act,
unless the listed hazardous air pollutant is also regulated as a constituent or
precursor of a general pollutant listed under Section 108 of the Act as of July 27,
2012; and
          (6) PM2.5 emissions and PM10 emissions shall include gaseous emissions from a
source or activity, which condense to form particulate matter at ambient
temperatures. As of the effective date of the federal final rule published by EPA
in the Federal Register on Thursday, October 25, 2012 (77 FR 65107), such
condensable particulate matter shall be accounted for in applicability
determinations and in establishing emissions limitations for PM2.5, and PM10 in
PSD permits. Compliance with emissions limitations for PM2.5, and PM10 issued
prior to this date shall not be based on condensable particulate matter unless
required by the terms and conditions of the permit or the applicable
implementation plan. Applicability determinations made prior to this date
without accounting for condensable particulate matter shall not be considered in
violation of this chapter.
     (C) For the purpose of this chapter, “subject to regulation” means, for any air pollutant, that
the pollutant is subject to either a provision of the federal Clean Air Act, or a nationally-
applicable regulation codified by the Administrator pursuant to 40 C.F.R., Chapter 1,
Subchapter C and adopted herein, that requires actual control of the quantity of emissions
of that pollutant and that such a control requirement has taken effect and is operative to
control, limit or restrict the quantity of emissions of that pollutant released from the
regulated activity.
     (D) All other terms used herein shall have the same meaning as set forth in Chapter 2 of
Regulation 19 or in 40 C.F.R. § 52.21(b) [PSD] and 40 C.F.R. § 51.301 [Protection of
Visibility] as of October 20, 2010, and adopted in Reg. 19.904, unless manifestly
inconsistent with the context in which they are used. Wherever there is a difference
between the definitions in Chapter 2 of Regulation 19 and those listed in 40 C.F.R.
§ 52.21(b) and C.F.R. § 51.301, the federal definitions as listed in 40 C.F.R. § 52.21(b), as
adopted in Reg. 19.904 and Reg. 19.903(A), (B) and (C), and 40 C.F.R. § 51.301 as of
October 20, 2010, shall apply.
     (E) The definition for “routine maintenance, repair and replacement” in 40 C.F.R.
§ 52.21(b)(2)(iii)(a) is not incorporated.
**********end AR Reg 19.903 SIP effective September 22, 2019 (ARd33-6)*********zza***

Reg. 19.904 Adoption of Regulations. 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 926. 
Approved by EPA August 23, 2019 (84 FR 44235) SIP effective September 23, 2019 (ARd33),
Regulations.gov docket EPA-R06-OAR-2019-0301 [AR029].

     (A) Except where manifestly inconsistent with the provisions of the Clean Air Act, as
amended, or with federal regulations adopted pursuant thereto, and as amended
specifically herein by paragraphs (B), (C), (D), (E), (F), and (G) of Reg. 19.904, the
Arkansas Department of Environmental Quality shall have those responsibilities and that
authority, with reference to the State of Arkansas, granted to the Administrator of the
EPA under 40 C.F.R. § 52.21 (a)(2) through (bb), as in effect on November 29, 2005,
which are hereby incorporated herein by reference with the exception of:
          (1) 40 C.F.R. § 52.21(aa), which is incorporated by reference as in effect on August
13, 2012, except for instances in the sections of 40 C.F.R. § 52.21(aa) where 40
C.F.R. § 52.21(b)(49) is referenced. In those instances, paragraph (G) of Reg.
19.904 shall apply;
          (2) 40 C.F.R. § 52.21(r)(6), which is incorporated by reference as of the effective date
of the federal final rule published by EPA in the Federal Register on December
21, 2007 (72 FR 72607);
          (3) 40 C.F.R. §§ 52.21(b)(23), 52.21(i)(5)(ii), and 52.21(i)(5)(iii), which are
incorporated by reference as of May 16, 2008;
          (4) 40 C.F.R. §§ 52.21(b)(14)(i) [Major Source Baseline Date], 52.21(b)(14)(ii)
[Minor Source Baseline Date], 52.21(b)(14)(iii), 52.21(b)(15) [Baseline Area],
52.21(c) [Ambient Air Increments], 52.21(k)(1) [Source Impact Analysis
Requirements], and 52.21(p) [Requirements for Sources Impacting Federal Class
I areas], which are incorporated herein by reference as of October 20, 2010;
          (5) 40 C.F.R. §§ 52.21(b)(49), 52.21(b)(50), 52.21(b)(55-58), 52.21(i)(9), and
52.21(cc), which are not incorporated herein.
     In the absence of a specific imposition of responsibility or grant of authority, the
Department shall be deemed to have that responsibility and authority necessary to attain
the purposes of the Plan, these PSD Regulations, and the applicable federal regulations,
as incorporated herein by reference.
     (B) Exclusions from the consumption of increments, as provided in 40 C.F.R.
§ 51.166(f)(1)(iii) as of November 29, 2005, shall be effective immediately. Submission of
this Plan under the Governor's signature constitutes a request by the Governor for this
exclusion.
     (C) In addition to the requirements of 40 C.F.R. § 52.21(o) as of November 29, 2005, the
following requirements [designated as Reg. 19.904(C)(1),(2),(3) and (4)] shall also apply:
          (1) Where air quality impact analyses required under this part indicate that the
issuance of a permit for any major stationary source or for any major modification
would result in the consumption of more than fifty percent (50%) of any available
annual increment or eighty percent (80%) of any short term increment, the person
applying for such a permit shall submit to the Department an assessment of the
following factors:
               (a) Effects that the proposed consumption would have upon the industrial and
economic development within the area of the proposed source; and
               (b) Alternatives to such consumption, including alternative siting of the
proposed source or portions thereof.
          (2) The assessment required under subparagraph (1) above shall be made part of the
application for permit and shall be made available for public inspection as
provided in 40 C.F.R. § 52.21(q) as of November 29, 2005.
          (3) The assessment required under subparagraph (1) above shall be in detail
commensurate with the degree of proposed increment consumption, both in terms
of the percentage of increment consumed and the area affected.
          (4) The assessment required under subparagraph (1) above may be made effective
where a proposed source would cause an increment consumption less than that
specified in said subparagraph if the Director finds that unusual circumstances
exist in the area of the proposed source which warrant such an assessment. The
Director shall notify the applicant in writing of those circumstances which
warrant said assessment. The Commission may rescind or modify the Director's
action, upon a showing by the applicant that the circumstances alleged by the
Director either do not exist or do not warrant the aforecited assessment.
     (D) In addition to the requirements of 40 C.F.R. § 52.21(p)(1) as of October 20, 2010, the
following requirements shall also apply:
Impacts on mandatory Class I federal areas include impacts on visibility. The
preliminary determination that a source may affect air quality or visibility in a mandatory
Class I federal area shall be made by the Department, based on screening criteria agreed
upon by the Department and the Federal Land Manager.
     (E) In all instances wherein the aforesaid 40 C.F.R. § 51.301 and 40 C.F.R. § 52.21 refer to
the Administrator or the Environmental Protection Agency, the reference, for the
purposes of paragraph (A) of Reg. 19.904, shall be deemed to mean the Arkansas
Department of Environmental Quality, unless the context plainly dictates otherwise,
except in the following sections:
          (1) Exclusion from increment consumption: 40 C.F.R. §§ 52.21(f)(1)(v), (f)(3), and
(f)(4)(I);
          (2) Redesignation: 40 C.F.R. §§ 52.21(g)(1), (g)(2), (g)(4), (g)(5), and (g)(6);
          (3) Air quality models: 40 C.F.R. § 52.21(l)(2).
     (F) Redesignation of air quality areas in Arkansas shall comply with Ark. Code Ann.
§ 8-3-101 et seq.
     (G) For the purpose of the regulation of GHGs, only the standards and requirements
promulgated by EPA as of June 3, 2010, related to the permitting of GHG emissions shall
apply to the requirements of 40 C.F.R. § 52.21, as of November 29, 2005, incorporated
by reference at Reg.19.904(A). The following definitions and requirements shall also
apply:
          (1) “Greenhouse gases” (GHGs) means the air pollutant defined as the aggregate
group of six greenhouse gases: carbon dioxide, nitrous oxide, methane,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be
subject to regulation except as provided in Reg. 19.904(G)(4) through
Reg.19.904(G)(5), and shall not be subject to regulation if the stationary source:
               (a) Maintains its total source-wide emissions below the GHG plantwide
applicability limitations (hereinafter “PAL”) level;
               (b) Meets the requirements in 40 § C.F.R 52.21(aa)(1) through 40 C.F.R.
§ 52.21(aa)(15) as outlined in Reg. 19.904(A)(1); and
               (c) Complies with the PAL permit containing the GHG PAL.
          (2) For purposes of Reg. 19.904(G)(3) through Reg.19.904(G)(5):
               (a) The term tons per year (tpy) “CO2 equivalent emissions” (CO2e) shall
represent an amount of GHGs emitted, and shall be computed as follows:
                    (i) Multiplying the mass amount of emissions in tpy, for each of the
six greenhouse gases in the pollutant GHGs, by each gas’s
associated global warming potential published at Table A - 1 to
Subpart A of 40 C.F.R. Part 98 - Global Warming Potentials (as of
the effective date of the federal final rule published by EPA in the
Federal Register on November 29, 2013 [78 FR 71948]); and
                    (ii) Sum the resultant values from Reg. 19.904(G)(2)(a) for each gas to
compute a tpy CO2e.
          (3) The term “emissions increase” as used in Reg. 19.904(G)(4) through Reg.
19.904(G)(5) shall mean that both a significant emissions increase (as calculated
using the procedures in 40 C.F.R. § 52.21(a)(2)(iv), as of November 29, 2005),
and a significant net emissions increase (as defined in 40 C.F.R. § 52.21(b)(3), as
of November 29, 2005, and 40 C.F.R. § 52.21(b)(23), as of November 29, 2005),
occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO2e,
and shall be calculated assuming the pollutant GHGs is a regulated NSR
pollutant, and “significant” is defined as 75,000 tpy CO2e instead of applying the
value in 40 C.F.R. § 52.21(b)(23)(ii), as of November 29, 2005.
          (4) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:
               (a) The stationary source is a new major stationary source for a regulated
NSR pollutant that is not GHGs, and also will emit or will have the
potential to emit GHGs at 75,000 tpy CO2e or more; or
               (b) The stationary source is an existing major stationary source for a regulated
NSR pollutant that is not GHGs, and also will have an emissions increase
of a regulated NSR pollutant, and an emissions increase of GHGs of 75,000 tpy CO2e or more.
          (5) Beginning July 1, 2011, in addition to the provisions in Reg.19.904(G)(4) of this
section, the pollutant GHGs shall also be subject to regulation:
               (a) At a new stationary source that will emit or have the potential to emit
100,000 tpy CO2e or more; or
               (b) At an existing stationary source that emits or has the potential to emit
100,000 tpy CO2e or more, when such stationary source undertakes a
physical change or change in the method of operation that will result in an
emissions increase of 75,000 tpy CO2e or more.
*************end AR Reg 19.904 SIP effective September 22, 2019 (ARd33-6)*********zza***

*end Arkansas Regulation No. 19, Chapter 9 SIP effective September 23, 2019 (ARd33)*a33*