AR Reg 19: SIP effective 2000-11-15 (ARd02) to 2007-05-13

CHAPTER  9:  PREVENTION OF SIGNIFICANT DETERIORATION
As adopted by the Arkansas Pollution Control & Ecology Commission on January 22, 1999, effective February 15, 1999

(Approved by EPA October 16, 2000 (65 FR 61103) effective November 15, 2000)

Outline Chapter 9:
Section 19.901  Title
Section 19.902  Purposes
Section 19.903  Definitions
Section 19.904  Adoption of Regulations


Section 19.901  Title

The following rules and regulations of the Department of Pollution Control and Ecology of the State of Arkansas, adopted in accordance with the provisions of Part II of the Arkansas Water and Air Pollution Control Act at A.C.A §§8-4-101 et seq, shall be known as the Prevention of Significant Deterioration Regulations of the Arkansas Plan of Implementation for Air Pollution Control, hereinafter referred to, respectively, as the "PSD Regulations."


Section 19.902  Purposes

Promulgation and enforcement of these PSD Regulations is intended to further the purposes of the Plan and the Regulations of the Plan, including, but not limited to, acceptance of delegation by the U.S. Environmental Protection Agency 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.


Section 19.903  Definitions

(A)  "Advance notification" (of a permit application) means any written communication which establishes the applicant's intention to construct, and which provides the Department with sufficient information to determine that the proposed source may constitute a major new source or major modification, and that such source may affect any mandatory Class I federal area, including, but not limited to, submittal of a draft or partial permit application, a PSD monitoring plan, or a sufficiently detailed letter.  "Advance notification" does not include general inquiries about the Department's regulations.

(B)  All other terms used herein shall have the same meaning as set forth in chapter 2 or in 40 CFR 52.21(b) [PSD] and 40 CFR 51.301 [Protection of Visibility], all as in effect upon the latest date of amendment of this supplement, unless manifestly inconsistent with the context in which they are used.  Wherever there is a difference between the definitions in chapter 2 and those listed in 40 CFR 52.21(b) and 40 CFR 51.301, the federal definitions as listed in 40 CFR 52.21(b) and 40 CFR 51.301 shall apply.


Section 19.904  Adoption of Regulations

(A)  Except where manifestly inconsistent with the provisions of the Clean Air Act, as amended, or with federal regulations adopted pursuant thereto, and as amended specifically herein by paragraphs (b), (c), (d), (e) and (f) of this section, the Arkansas Department of Pollution Control and Ecology shall have those responsibilities and that authority, with reference to the State of Arkansas, granted to the Administrator of the U.S. Environmental Protection Agency under 40 CFR 52.21(b) through (r), as in effect on June 3, 1994, which are hereby incorporated herein by reference with the exception of 40 CFR 52.21(i)(12), which is not incorporated.  In the absence of a specific imposition of responsibility or grant of authority, the Department shall be deemed to have that responsibility and authority necessary to attain the purposes of the Plan, these PSD Regulations, and the applicable federal regulations, as incorporated herein by reference.

(B)  Exclusions from the consumption of increments, as provided in 40 CFR 51.166(f)(1)(iii), 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 CFR 52.21(o), the following requirements [designated as subparagraphs (4), (5), (6), and (7)] shall also apply:

     (4)  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:

          (i)  Effects that the proposed consumption would have upon the industrial and economic development within the area of the proposed source; and

          (ii)  Alternatives to such consumption, including alternative siting of the proposed source or portions thereof.

     (5)  The assessment required under subparagraph (4) above shall be made part of the application for permit and shall be made available for public inspection as provided in 40 CFR 52.21(q).  

     (6)  The assessment required under subparagraph (4) above shall be in detail commensurate with the degree of proposed increment consumption, both in terms of the percentage of increment consumed and the area affected.

     (7)  The assessment required under subparagraph (4) above may be made effective where a proposed source would cause an increment consumption less than that specified in said subparagraph if the Director finds that unusual circumstances exist in the area of the proposed source which warrant such an assessment.  The Director shall notify the applicant in writing of those circumstances which warrant said assessment.  The Commission may rescind or modify the Director's action, upon a showing by the applicant that the circumstances alleged by the Director either do not exist or do not warrant the aforecited assessment.  

(D)  In addition to the requirements of 40 CFR 52.21(p)(1), the following requirements shall also apply:

     Impacts on mandatory Class I federal areas include
     impacts on visibility.  The preliminary determination
     that a source may affect air quality or visibility in
     a mandatory Class I federal area shall be made by the
     Department, based on screening criteria agreed upon
     by the Department and the Federal Land Manager.

(E)  In all instances wherein the aforesaid 40 CFR 51.301 and 40 CFR 52.21 refer to the Administrator or the Environmental Protection Agency, the reference, for the purposes of paragraph (A) of §19.904, shall be deemed to mean the Department of Pollution Control and Ecology, unless the context plainly dictates otherwise, except in the following sections:
 
     (1)  Exclusion from increment consumption: 40 CFR 52.21(f)(1)(v), (f)(3), and (f)(4)(i);

     (2)  Redesignation: 40 CFR 52.21(g)(1), (g)(2), (g)(4), (g)(5), and (g)(6);

     (3)  Air quality models: 40 CFR 52.21(l)(2).

(F)  Redesignation of air quality areas in Arkansas shall comply with Act 237 of 1985 [Ark. Code 1987 § 8-3-101].