Arkansas Regulation No. 19, Regulations of the Arkansas Plan of Implementation for Air Pollution Control

CHAPTER  9:  PREVENTION OF SIGNIFICANT DETERIORATION
As approved by the Arkansas Pollution Control and Ecology Commission on December 3, 2004, effective December 19, 2004, and submitted to EPA February 3, 2005.
Approved by EPA April 12, 2007 (72 FR 18394) effective May 14, 2007 (ARd07) AR001
Regulations.gov docket EPA-R06-OAR-2005-AR-0001


Outline:
Reg. 19.901 Title. ARd07
Reg. 19.902 Purposes. ARd07
Reg. 19.903 Definitions. ARd07
Reg. 19.904 Adoption of Regulations. ARd07


Reg. 19.901 Title

    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 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."


Reg. 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.


Reg. 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.

    (C) The definition for "routine maintenance, repair and replacement" in 40 CFR
52.21(b)(2)(iii)(a) is not incorporated.


Reg. 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 Environmental Quality 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 (a)(2) through (bb), as in effect on July 23, 2004, which are hereby incorporated herein by reference, with the exception of 40 CFR 52.21(b)(55-58), 40 CFR 52.21(i)(9), and 40 CFR 52.21(cc), which are 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) Exclusion from the consumption of increments, as provided in 40 CFR 51.166(f)(l)(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)(l), 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 Arkansas Department of Environmental Quality, unless the context plainly dictates otherwise, except in the following sections:
        (1) Exclusion from increment consumption: 40 CFR 52.21(f)(l)(v), (f)(3), and (f)(4)(I);
        (2) Redesignation: 40 CFR 52.21(g)(l), (g)(2), (g)(4), (g)(5), and (g)(6);
        (3) Air quality models: 40 CFR 52.21 (2).

    (F) Redesignation of air quality areas in Arkansas shall comply with Arkansas Code
Annotated 1987 Section 8-3-101 et seq.