Arkansas SIP: Reg 19, Chap 4. Minor Source Review, 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 4: MINOR SOURCE REVIEW
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. 19.401 General Applicability. ARd30
Reg. 19.402 Approval Criteria. ARd07
Reg. 19.403 Owner/Operator's Responsibilities. ARd07
Reg. 19.404 Required Information. ARd07
Reg. 19.405 Action on Application. ARd33-6
Reg. 19.406 Public Participation. ARd33-6
Reg. 19.407 Permit Amendments. ARd33-6
Reg. 19.408 Exemption from Permitting. ARd07
Reg. 19.409 Transition. ARd07
Reg. 19.410 Permit Revocation and Cancellation. ARd07
Reg. 19.411 General Permits. ARd33-4
Reg. 19.412 Dispersion Modeling. ARd33-6
Reg. 19.413 Confidentiality. ARd33-4
Reg. 19.414 Operational Flexibility-Applicant's Duty to Apply for Alternative Scenarios. ARd33-4
Reg. 19.415 Changes Resulting in No Emissions Increases. ARd33-6
Reg. 19.416 Permit Flexibility. ARd33-4
Reg. 19.417 Registration. ARd30
****end Chapter 4 outline****
Reg. 19.401 General Applicability. ARd30
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-2017-0435-0004 [AR026.04] adobe page 893.
Approved by EPA June 29, 2018 (83 FR 30553) SIP effective May 30, 2018 (ARd30),
Regulations.gov docket EPA-R06-OAR-2017-0435 [AR026].
Explanation:
Includes supplemental information provided on 11/30/2015 [AR026.05], 5/26/2016 [AR026.06],
7/5/2017 [AR026.20 and AR026.21], and 3/16/2018 [AR026.22].
No person shall cause or permit the operation, construction, or modification of a stationary
source, whose actual emissions are:
Seventy-five (75) tons per year or more of carbon monoxide;
Forty (40) tons per year or more of nitrogen oxides;
Forty (40) tons per year or more of sulfur dioxide;
Forty (40) tons per year or more of volatile organic compounds;
Ten (10) tons per year or more of direct PM2.5;
Fifteen (15) tons per year or more of PM10;
One-half (0.5) ton per year or more of lead;
Two (2) tons per year or more of any single hazardous air pollutant; or
Five (5) tons per year or more of any combination of hazardous air pollutants
without first obtaining a permit from the Department pursuant to the provisions of this chapter.
****************end AR Reg. 19.401 SIP effective May 30, 2018 (ARd30)*************zza****
Reg. 19.402 Approval Criteria. 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),
Regulationa.gov document EPA-R06-OAR-2005-AR-0001-0002 [AR01.02] adobe page 28.
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].
No permit shall be granted or modified under this chapter unless the owner/operator
demonstrates to the reasonable satisfaction of the Department that the stationary source will be
constructed or modified to operate without resulting in a violation of applicable portions of this
regulation or without interfering with the attainment or maintenance of a national ambient air
quality standard.
****************end AR Reg. 19.402 SIP effective May 14, 2007 (ARd07)*************zza****
Reg. 19.403 Owner/Operator's Responsibilities. 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),
Regulationa.gov document EPA-R06-OAR-2005-AR-0001-0002 [AR01.02] adobe page 28.
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].
Issuance of a permit by the Department does not affect the responsibility of the owner/operator
to comply with applicable portions of this regulation.
****************end AR Reg. 19.403 SIP effective May 14, 2007 (ARd07)*************zza****
Reg. 19.404 Required Information. 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),
Regulationa.gov document EPA-R06-OAR-2005-AR-0001-0002 [AR01.02] adobe page 28.
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].
(A) General
Application for a permit shall be made on such forms and contain such information as the
Department may reasonably require, including but not limited to:
(1) information on the nature and amounts of federally regulated air pollutants to be
emitted by the stationary source; and
(2) such information on the location, design, and operation of stationary source as the
Department may reasonably require.
(B) Duty to Supplement Submittal
If, while processing an application that has been determined to be complete, the Department
determines that additional information is necessary to evaluate or take final action on that
application, the Department may request such information in writing and set a reasonable
deadline for a response.
(C) Duty to Correct Submittal
Any owner/operator who fails to submit any relevant facts or who has submitted incorrect
information, shall, upon becoming aware of such failure or incorrect submittal, promptly submit
such supplementary facts or corrected information. In addition, an applicant shall provide
additional information as necessary to address any relevant requirements that become applicable
to the stationary source before final action is taken on its application.
****************end AR Reg. 19.404 SIP effective May 14, 2007 (ARd07)*************zza****
Reg. 19.405 Action on Application. 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 898.
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) Technical Review
The Department will review the application submitted under this chapter in order to
ensure to their reasonable satisfaction that:
(1) the stationary source will be constructed or modified to operate without
interfering with attainment or maintenance of a national ambient air quality standard;
(2) the stationary source will be constructed or modified to operate without violating
any applicable regulation adopted by the EPA pursuant to §§ 111, 112, and 114 of
the Clean Air Act as amended;
(3) the stationary source will be constructed or modified to operate without resulting
in a violation of any applicable provisions of this regulation;
(4) the emission rate calculations are complete and accurate; and
(5) if the facility wishes to measure and/or monitor operating parameters rather than
actual emissions, the application describes a process which will be used to ensure
that the calculations are translated into enforceable limits on operational
parameters rather than emissions.
(B) Proposed Action
(1) If the Department initially determines the requirements of Reg. 19.405(A) are
met, they shall prepare a draft permit which:
(a) contains such conditions as are necessary to comply with this Regulation;
(b) addresses all federally regulated air pollutant emissions and all federally
regulated air pollutant emitting equipment at the stationary source except
pollutants or equipment specifically exempt or as specifically provided
for in paragraph (c) below; and
(c) establishes Best Available Control Technology (BACT) permitted
emission rates, emission limitations or other enforceable conditions for
GHG emissions pursuant to Chapter 9 of this Regulation, if applicable.
Draft permits for facilities not subject to a BACT determination in regard
to GHG emissions pursuant to the provisions at Chapter 9 of this
Regulation shall not contain permitted emission rates, emission limitations
or other enforceable conditions related to GHG emissions. However, the
applicant may request that the Department include permitted emission
rates, emission limitations or other enforceable conditions related to GHG
emissions in the draft permit in order to set enforceable limits for the
purpose of establishing synthetic minor status. In the event any provision
of Regulation 19 is found to be in conflict with this Section 19.405(B)(1),
this Section shall take precedence.
(2) If the Department initially determines the requirements of this chapter are not
met, they shall prepare a notice of intent to deny. This notice will state the
reasons for the Department's denial of the stationary source's submittal.
(3) Except as provided in Reg. 19.407, the public shall have an opportunity to
comment on the Department's proposed permit decision in accordance with Reg. 19.406.
(4) Within 90 days of receipt by the Department of an initial permit application, or an
application for a major modification which contains such information as required
by the Department (unless said period is extended by mutual agreement between
the Department and the applicant), the Department shall notify the applicant in
writing of its draft permitting decision. If the Department fails to take action of
the application within the prescribed time frames, the aggrieved applicant may
petition the Commission for relief from Department inaction. The Commission
shall either grant or deny the petition within 45 days of its submittal.
(C) Final Action
The Department shall take final action on a permit application after the close of the public
comment period. The Department shall notify in writing the owner/operator and any person that
submitted a written comment, of the Department’s final action and the Department’s reasons for
its final action.
*************end AR Reg. 19.405 SIP effective September 23, 2019 (ARd33-6)**********a33****
Reg. 19.406 Public Participation. 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 900.
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) General
No permit shall be issued, denied, or modified unless the public has first had an opportunity to
comment on the information submitted by the owner/operator and the Department’s analysis, as
demonstrated by the permit record, of the effect of construction or modification on ambient air
quality, including the Department's proposed approval or disapproval of the permit.
(B) Public Availability of Information
For purposes of this section, opportunity to comment shall include, at a minimum:
(1) Availability for the public inspection in at least one location in the area where the
source is located, or proposes to locate, and in the Department’s central offices of
the Department’s draft decision, information submitted by the owner/operator,
and any information developed by the Department in support of its draft permit
decision;
(2) A 30-day period for submittal of public comment (beginning on the date of the
latest newspaper notice, ending on the date 30 days later);
(3) A publication in a newspaper of general circulation in the area where the source is
located or proposes to locate, and in a State publication designed to give general
public notice. Such notice shall, as a minimum, describe the locations at which
the information submitted by the owner/operator and the Department’s analysis of
this information, may be inspected and the procedure for submitting public
comment;
(4) A copy of the notice, required pursuant to this subsection, shall be sent to the
owner/operator and to the:
(a) Regional Administrator of the EPA;
(b) mayor of the community where the stationary source is proposed to be
constructed or modified;
(c) county judge of the county where the equipment is proposed to be
constructed or modified; and
(d) appropriate air pollution control agencies of adjoining states if the
construction or modification of the source will impact air quality in
adjoining states.
(5) Public comments addressing the technical merits of the permit application and the
Department’s analysis of the effect of the proposed emissions on air quality
submitted in accordance with procedures in the public notice shall be considered
by the Department prior to taking final action on the permit application.
*************end AR Reg. 19.406 SIP effective September 23, 2019 (ARd33-6)**********a33****
Reg. 19.407 Permit Amendments. 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 902.
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) Administrative Permit Amendments
(1) An administrative permit amendment is a permit revision that:
(a) corrects a typographical error;
(b) identifies a change in the name, address, or phone number of any person
identified in the permit, or provides a similar minor administrative change
in the source;
(c) requires more frequent monitoring or reporting by the permittee;
(d) incorporates a change in the permit involving the retiring of equipment or
emission units, or the decrease of permitted emissions from equipment or
emission units; or
(e) incorporates a change to the facility’s insignificant activities list.
(2) The Department shall revise the permit as expeditiously as practicable and may
incorporate such revisions without providing notice to the public.
(3) The applicant may implement the changes addressed in the request for an
administrative amendment immediately upon approval.
(B) Change in Ownership
(1) Permits issued under this regulation shall remain freely transferable, provided the
applicant for the transfer:
(a) notifies the Director at least thirty (30) days in advance of the proposed
transfer date on such forms as the Director may reasonably require, and
(b) submits a disclosure statement in accordance with Commission Regulation 8,
Administrative Procedures, or other such documents as required by the Department.
(2) The Director may deny the issuance or transfer of any permit, license,
certification, or operational authority if he or she finds, based upon the disclosure
statement and other investigation which he or she deems appropriate, that:
(a) The applicant has a history of non-compliance with the environmental
laws or regulations of this state or any other jurisdiction;
(b) An applicant which owns or operates other facilities in the state is not in
substantial compliance with, or on a legally enforceable schedule that will
result in compliance with, the environmental laws or regulations of this
state; or
(c) A person with a history of non-compliance with environmental laws or
regulations of this state or any other jurisdiction is affiliated with the
applicant to the extent of being capable of significantly influencing the
practices or operations of the applicant which could have an impact upon
the environment.
(3) Public notice requirements shall not apply to changes in ownership or changes in
name.
(C) De Minimis Changes
(1) A proposed change to a facility will be considered De Minimis if:
(a) minimal judgment is required to establish the permit requirements for the
change; and
(b) the change will result in a trivial environmental impact.
(2) The environmental impact of a proposed change generally will be considered
trivial if the emission increase, based on the differences between the sum of the
proposed permitted rates for all emissions units and the sum of previously
permitted emission rates for all units will either:
(a) be less than the following amounts:
i. Seventy-five (75) tons per year of carbon monoxide;
ii. Forty (40) tons per year of nitrogen dioxides, sulfur dioxides, or
volatile organic compounds;
iii. Twenty-five (25) tons per year of particulate matter emissions;
iv. Ten (10) tons per year of direct PM2.5;
v. Fifteen (15) tons per year of PM10 emissions; and
vi. One-half (0.5) a ton per year of lead;
(b) or, result in an air quality impact less than:
| Pollutant | De Minimis Concentration |
Averaging Time |
|---|---|---|
| carbon monoxide | 500 μg/m3 | 8-hour |
| nitrogen dioxide | 10 μg/m3 | Annual |
| PM2.5 | 2 μg/m3 | 24-hour |
| PM10 | 8 μg/m3 | 24-hour |
| sulfur dioxide | 18 μg/m3 | 24-hour |
| lead | 0.1 μg/m3 | 3-month |
(3) A proposed change will be considered De Minimis if the increases are less than
75,000 tpy of CO2e and other pollutant emission increases otherwise qualify as
De Minimis under this section.
(4) The following changes will not be considered De Minimis changes:
(a) any increase in the permitted emission rate at a stationary source without
a corresponding physical change or change in the method of operation at
the source;
(b) any change which would result in a violation of the Clean Air Act;
(c) any change seeking to change a case-by-case determination of an emission
limitation established pursuant to Best Available Control Technology
(BACT), §112(g), §112(i)(5), §112(j), or §111(d) of the Clean Air Act as
amended as of February 15, 1999;
(d) a change that would result in a violation of any provision of this
regulation;
(e) any change in a permit term, condition, or limit that a source has assumed
to avoid an applicable requirement to which the source would otherwise
be subject;
(f) any significant change or relaxation to existing testing, monitoring,
reporting, or recordkeeping requirements; or
(g) any proposed change which requires more than minimal judgment to
determine eligibility.
(5) A source may not submit multiple applications for De Minimis changes that are
designed to conceal a larger modification that would not be considered a De
Minimis change. The Department will require such multiple applications be
processed as a permit modification with public notice and reconstruction
requirements. Deliberate misrepresentation may be grounds for permit
revocation.
(6) The applicant may implement De Minimis changes immediately upon approval by
the Department.
(7) The Department shall revise the permit as expeditiously as practicable and may
incorporate De Minimis changes without providing notice to the public. The
applicant may implement De Minimis changes immediately upon approval by the
Department.
*************end AR Reg. 19.407 SIP effective September 23, 2019 (ARd33-6)**********a33****
Reg. 19.408 Exemption from Permitting. 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),
Regulationa.gov document EPA-R06-OAR-2005-AR-0001-0002 [AR01.02] adobe page 36.
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].
(A) Insignificant Activities
Stationary sources and activities listed in Appendix A of this regulation shall be considered to be
insignificant and will not require a permit under this chapter or be included in a source's permit.
(B) Grandfathering
Stationary sources operating prior to June 30, 1975, and which have not been modified since,
will not be required to obtain a permit under this chapter.
****************end AR Reg. 19.408 SIP effective May 14, 2007 (ARd07)*************zza****
Reg. 19.409 Transition. 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),
Regulationa.gov document EPA-R06-OAR-2005-AR-0001-0002 [AR01.02] adobe page 36.
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].
Facilities which are now subject to this regulation which were not previously subject to this
regulation shall be in full compliance within 180 days of the effective date of this regulation.
Facilities which are now subject to permitting under this regulation which were not previously
subject to permitting under this regulation shall submit a complete application within 180 days of
the effective date of this regulation. The Director may extend this compliance period on a case-
by-case basis provided that the total compliance period does not exceed one year.
****************end AR Reg. 19.409 SIP effective May 14, 2007 (ARd07)*************zza****
Reg. 19.410 Permit Revocation and Cancellation. 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),
Regulationa.gov document EPA-R06-OAR-2005-AR-0001-0002 [AR01.02] adobe page 36.
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].
(A) Revocation
Any permit issued under this regulation is subject to revocation, suspension, or modification in
whole or in part, for cause, including without limitation:
(1) Violation of any condition of the permit;
(2) Obtaining a permit by misrepresentation or failure to disclose fully all relevant
facts; or
(3) Change in any applicable regulation or change in any pre-existing condition
affecting the nature of the emission that requires either a temporary or permanent
reduction or elimination of the permitted emission.
(B) Cancellation
The Director may cancel a permit if the construction or modification is not begun within 18
months from the date of the permit issuance or if the work involved in the construction or
modification is suspended for a total of 18 months or more.
****************end AR Reg. 19.410 SIP effective May 14, 2007 (ARd07)*************zza****
Reg. 19.411 General Permits. ARd33-4
As adopted by the Arkansas Pollution Control and Ecology Commission
December 5, 2008 effective January 25, 2009.
Submitted to EPA July 26, 2010 and resubmitted to EPA November 23, 2010 (AR-30),
Regulations.gov document EPA-R06-OAR-2019-0301-0004 [AR029.04] adobe page 149.
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) General Authority
The Department may, after notice and opportunity for public participation provided under this
chapter, issue a general permit covering numerous similar sources. The criteria for the review
and approval of permits under this chapter shall be used for general permits as well. Any general
permit shall comply with all requirements applicable to other permits and shall identify criteria
by which sources may qualify for the general permit. They shall also include enforceable
emission limitations or other control measures, means, or techniques, as well as schedules and
timetables for compliance, as may be necessary or appropriate to meet the applicable
requirements of this regulation. To sources that qualify, the Department shall grant the
conditions and terms of the general permit. The source shall be subject to enforcement action for
operation without a permit if the source is later determined not to qualify for the conditions and
terms of the general permit.
(B) Application
Sources that would qualify for a general permit must apply to the Department for coverage under
the terms of the general permit or must apply for permit consistent with this chapter. The
Department may grant a source's request for authorization to operate under a general permit, but
such a grant shall not be a final permit action for purposes of judicial review.
(1) When any application for the issuance of a new permit or a modification of an
existing permit is filed with the Department, the Department shall cause notice of
the application to be published in a newspaper of general circulation in the county
in which the proposed facility is to be located.
(2) The notice required by Reg. 19.411(B)(1) shall advise that any interested person
may request a public hearing on the permit application by giving the Department
a written request within ten (10) days of the publication of the notice.
(3) Should a hearing be deemed necessary by the Department, or in the event the
Department desires such a hearing, the Department shall schedule a public
hearing and shall, by first class mail, notify the applicant and all persons who
have submitted comments of the date, time, and place thereof.
*************end AR Reg. 19.411 SIP effective September 23, 2019 (ARd33-4)**********a33****
Reg. 19.412 Dispersion Modeling. 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 908.
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 shall apply when dispersion or other air quality modeling is used to meet the
requirements of this chapter.
(A) General
All applications of air quality modeling involved in this chapter shall be based on the
applicable models, data bases, and other requirements specified in Appendix W of 40 C.F.R. Part 51
(Guideline on Air Quality Models) as of the effective date of the federal final rule published by
EPA in the Federal Register on November 9, 2005 (70 FR 68228).
(B) Substitution
Where an air quality model specified in the Guideline on Air Quality Models is inappropriate,
the model may be modified or another model substituted. Such a modification or substitution of
a model may be made on a case-by-case basis or, where appropriate, on a generic basis for a
specific pollutant or type of stationary source. Written approval of the Administrator of the EPA
must be obtained for any modification or substitution.
*************end AR Reg. 19.412 SIP effective September 23, 2019 (ARd33-6)**********a33****
Reg. 19.413 Confidentiality. ARd33-4
As adopted by the Arkansas Pollution Control and Ecology Commission
December 5, 2008 effective January 25, 2009.
Submitted to EPA July 26, 2010 and resubmitted to EPA November 23, 2010 (AR-30),
Regulations.gov document EPA-R06-OAR-2019-0301-0004 [AR029.04] adobe page 151.
Approved by EPA August 23, 2019 (84 FR 44235) SIP effective September 23, 2019 (ARd33),
Regulations.gov docket EPA-R06-OAR-2019-0301 [AR029].
Information which constitutes a trade secret shall be held confidential and segregated from the
public files of the Department if requested in writing by the permit applicant in accordance with
this subsection.
(A) For purposes of this subsection, “Trade Secret” means any information, including
formula, pattern, compilation, program, device, method, technique, process, or rate of
production that:
(1) Derives independent economic value (actual or potential) from not being
generally known to, and not being readily ascertainable through, proper means by
other persons who can obtain economic value from its disclosure or use, and
(2) Is the subject of efforts that are reasonable under the circumstances to maintain its
secrecy.
(B) In order to establish entitlement to confidentiality, the applicant must submit a sworn
affidavit to the Department that is subject to public scrutiny which describes in a
manner that does not reveal trade secrets, the processes or market conditions that
supports the applicant’s confidentiality claim in the terms of Reg. 19.413(A)(1) and (2).
This affidavit must also recite the following:
“The applicant agrees to act as an indispensable party and to exercise
extraordinary diligence in any legal action arising from the Department’s denial
of public access to the documents or information claimed herein to be a trade secret.”
If an applicant anticipates numerous permit modifications that may involve regulatory
review of trade secrets, it may submit an omnibus affidavit establishing the prerequisites
of Reg. 19.413(A)(1) and (2) and reference this document in future confidentiality
claims.
(C) Confidentiality claims shall be afforded interim protected status until the Department
determines whether the requirements of Reg. 19.413(B) are satisfied. The Department
shall make such determination prior to the issuance of any permit or publication of any
draft permit. In the event the Department does not make such determination prior to
permit issuance, the information shall be deemed confidential until a request is made.
If a third party request to review information claimed as confidential is received before
the Department provides its written determination concerning the claim, the
Department shall not release such information before notifying the applicant of the
request. The Department shall notify the applicant of the request and the Department’s
determination on the confidentiality claim at least two business days before releasing
the information, at which time the applicant may choose to supplement its affidavit
supporting confidentiality or seek legal recourse.
(D) For any permit application submitted subject to a claim of trade secret, the applicant
shall provide two copies of the application; one prominently marked as confidential
and another that is subject to public review with confidential information excised. The
Department will not accept applications that are deemed totally confidential except
under extraordinary circumstances guaranteeing future disclosure at a meaningful time
for public review.
*************end AR Reg. 19.413 SIP effective September 23, 2019 (ARd33-4)**********a33****
Reg. 19.414 Operational Flexibility-Applicant's Duty to Apply for Alternative Scenarios. ARd33-4
As adopted by the Arkansas Pollution Control and Ecology Commission
December 5, 2008 effective January 25, 2009.
Submitted to EPA July 26, 2010 and resubmitted to EPA November 23, 2010 (AR-30),
Regulations.gov document EPA-R06-OAR-2019-0301-0004 [AR029.04] adobe page 152.
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 operating scenario allowed for in a permit may be implemented by the facility without the
need for any permit revision or any notification to the Department. It is incumbent upon the
permit applicant to apply for any reasonably anticipated alternative facility operating scenarios at
the time of permit application. The Department shall include approved alternative operating
scenarios in the permit.
*************end AR Reg. 19.414 SIP effective September 23, 2019 (ARd33-4)**********a33****
Reg. 19.415 Changes Resulting in No Emissions Increases. 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 910.
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 permitted source may make changes within the facility that contravene permit terms without a
permit revision if the changes:
(A) Are not modifications under any provision of Title I of the Act;
(B) Do not exceed emissions allowable under the permit (whether expressed therein as a rate
of emissions or in the terms of total emissions);
(C) Do not violate applicable requirements; and
(D) Do not contravene federally enforceable permit terms and conditions that are monitoring
(including test methods), recordkeeping, reporting, or compliance certification
requirements;
provided that the facility provides the Department with written notification as required below in
advance of the proposed changes, which shall be a minimum of 7 days, or such shorter time
frame that the Department allows for emergencies. The source and the Department shall attach
each such notice to their copy of the relevant permit. For each such change, the written
notification required above shall include a brief description of the change within the permitted
facility, the date on which the change will occur, any change in emissions, and any permit term
or condition that is no longer applicable as a result of the change.
*************end AR Reg. 19.415 SIP effective September 23, 2019 (ARd33-6)**********a33****
Reg. 19.416 Permit Flexibility. ARd33-4
As adopted by the Arkansas Pollution Control and Ecology Commission
December 5, 2008 effective January 25, 2009.
Submitted to EPA July 26, 2010 and resubmitted to EPA November 23, 2010 (AR-30),
Regulations.gov document EPA-R06-OAR-2019-0301-0004 [AR029.04] adobe page 153.
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) The Department may grant an extension to any testing, compliance or other dates in the
permit. No extensions shall be authorized until the permittee of the facility receives
written approval from the Department. The Department may grant such a request, at
its discretion, in the following circumstances:
(1) The permittee of the facility makes such a request in writing at least 15 days in
advance of the deadline specified in the facility’s permit;
(2) The extension does not violate a federal requirement;
(3) The permittee of the facility demonstrates the need for the extension; and
(4) The permittee of the facility documents that all reasonable measures have been
taken to meet the current deadline and documents reasons the current deadline cannot be met.
(B) The Department may grant a request to allow temporary emissions and/or testing that
would otherwise exceed a permitted emission rate, throughput requirement or other
limit in a facility’s permit. No such activities shall be authorized until the permittee of
the facility receives written approval from the Department. The Department may grant
such a request, at its discretion, in the following circumstances:
(1) The permittee of the facility makes such a request in writing at least 30 days in
advance of the date that temporary emissions and/or testing that would otherwise
exceed a permitted emission rate, throughput requirement or other limit in a
facility’s permit;
(2) Such a request does not violate a federal requirement;
(3) Such a request is temporary in nature;
(4) Such a request will not result in a condition of air pollution;
(5) The request contains such information necessary for the Department to evaluate
the request, including but not limited to, quantification of such emissions and the
date and time such emission will occur;
(6) Such a request will result in increased emissions less than five tons of any
individual criteria pollutant, one ton of any single HAP and 2.5 tons of total HAPs; and
(7) The permittee of the facility maintains records of the dates and results of such
temporary emissions and/or testing.
(C) The Department may grant a request to allow an alternative to the monitoring specified
in a facility’s operating permit. No such activities shall be authorized until the
permittee of the facility receives written approval from the Department. The
Department may grant such a request, at its discretion, in the following circumstances:
(1) The permittee operator of the facility makes such a request in writing at least 30
days in advance of the first date that the monitoring alternative will be used at the facility;
(2) Such a request does not violate a federal requirement;
(3) The monitoring alternative provides an equivalent or greater degree of actual
monitoring to the requirements in the facility’s operating permit; and
(4) Any such request, if approved by the Department, is incorporated into the next
permit modification application by the permittee of the facility.
*************end AR Reg. 19.416 SIP effective September 23, 2019 (ARd33-4)**********a33****
Reg. 19.417 Registration. ARd30
As adopted by the Arkansas Pollution Control and Ecology Commission
December 5, 2008, effective January 25, 2009. Submitted to EPA July 26, 2010 (AR-30),
Regulations.gov document EPA-R06-OAR-2017-0435-0003 [AR026.03] page 147.
Approved by EPA June 29, 2018 (83 FR 30553) SIP effective May 30, 2018 (ARd30),
Regulations.gov docket EPA-R06-OAR-2017-0435 [AR026].
Explanation:
Includes supplemental information provided on 11/30/2015 [AR026.05], 5/26/2016 [AR026.06],
7/5/2017 [AR026.20 and AR026.21], and 3/16/2018 [AR026.22].
(A) Sources currently holding permits issued pursuant to Regulation 19 but whose
emissions are below the permitting thresholds of 19.401, and above the registration
thresholds of Reg. 18.315 may elect to continue to operate under their existing
Regulation 19 permit or they may submit a registration under Reg. 18.315 and request
their Regulation 19 permit to be terminated. The Regulation 19 permit shall remain in
effect until terminated. If a source takes no action, the Regulation 19 permit shall
remain in effect.
(B) A source otherwise subject to registration under Reg. 18.315 may elect to instead
operate under a permit issued in accordance with Reg. 19.402.
****************end AR Reg. 19.417 SIP effective May 30, 2018 (ARd30)*************zza****
*end Arkansas Regulation No. 19, Chapter 4 SIP effective September 23, 2019 (ARd33)*a33*