014.13.20 Ark. Code R. 003
The following rules, adopted in accordance with the provisions of Subchapter 2 of the Arkansas Water and Air Pollution Control Act, Arkansas Code Annotated (Ark. Code Ann.) § 8-4-201et seq., shall be known as "Rules of the Arkansas Plan of Implementation of Air Pollution Control," hereinafter referred to as the "Rules of the Plan," and "Rule 19."
These rules are applicable to any stationary source which has the potential to emit any federally regulated air pollutant.
If any provision of Rule 19 is determined to be invalid, such invalidity shall not affect other provisions of Rule 19.
If federal legislation or a federal court stays, invalidates, delays the effective date of, or otherwise renders unenforceable, in whole or in part, EPA's regulation of greenhouse gases, then the provisions of Rule 19 concerning greenhouse gases based thereon shall be stayed and shall not be enforceable until such time as the Commission makes a final decision on whether or not to revise Rule 19 due to the federal legislation or federal court order.
Terms and phrases used in this rule which are not explicitly defined herein shall have the same meaning as those terms which are used in the federal Clean Air Act. For purposes of this rule:
"12-month period" means a period of 12 consecutive months determined on a rolling basis with a new 12-month period beginning on the first day of each calendar month.
"Actual emissions" means the quantity of federally regulated air pollutants emitted from a stationary source considering emissions control equipment and actual hours of source operation or amount of material processed.
"CO2 equivalent emissions" (CC2e) shall represent an amount of GHGs emitted, and shall be computed by multiplying the mass amount of emissions tpy, for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A - 1 to Subpart A of 40 C.F.R. Part 98 - Global Warming Potentials (which is incorporated by reference 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 summing the resultant value for each to compute a tpy CO2 equivalent emissions.
"Commission" means the Arkansas Pollution Control and Ecology Commission.
"Construction" means fabrication, erection, or installation of equipment. See also 40 C.F.R. § 60.2, 40 C.F.R. § 51.165, and 40 C.F.R. § 52.21.
"Control apparatus" means any device which prevents, controls, detects or records the emission of any federally regulated air pollutants.
"Division" means the Division of Environmental Quality, or its successor. When reference is made in this rule to actions taken by or with reference to the Division, the reference is to the staff of the Division acting at the direction of the Director.
"Director" means the Director of the Division of Environmental Quality, or its successor, acting directly or through the staff of the Division.
"Emission limitation" and "emission standard" mean a requirement established by the Division or the Administrator of the EPA which limits the emissions of federally regulated air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction.
"Emission unit" means any article, machine, equipment, operation, or contrivance that emits or has the potential to emit any federally regulated air pollutant.
"EPA" means the United States Environmental Protection Agency.
"Equipment" means any device, except equipment used for any mode of vehicular transportation, capable of causing the emission of a federally regulated air pollutant into the open air, and any stack, conduit, flue, duct, vent, or similar device connected or attached to or serving the equipment.
"Federal Clean Air Act" or "Clean Air Act" or "FCAA" or "the Act" means the federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq. and its implementing regulations as of the effective date of this rule.
"Federally regulated air pollutant" means the following:
"Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. Those emissions are those that, according to customary and good engineering practice, considering technological and economic feasibility, could not pass through a stack, chimney, vent or other functionally-equivalent opening, except that the Division will utilize the definition of fugitive emissions for those industries for which an approved EPA definition exist under federal law or regulation and which are meeting that law or regulation.
"Greenhouse gases" (GHGs) means the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
"Hazardous Air Pollutant" or "HAP" means any air pollutant listed pursuant to § 112 of the
Clean Air Act, as amended, 42 U.S.C. § 7401, etseq., as of the effective date of this rule.
"Modification" means any physical change in, or change in the method of operation of, a stationary source which increases the emission rate of any federally regulated air pollutant over permitted rates or which results in the emission of a federally regulated air pollutant not previously emitted, except that:
"National Ambient Air Quality Standards" or "NAAQS," means those ambient air quality standards promulgated by the EPA in 40 C.F.R. Part 50 as of the effective date of the federal final rule published by EPA in the Federal Register on October 26, 2015 (80 FR 65292), as set forth in Appendix B of Rule 19.
"NAAQS state implementation plan or "NAAQS SIP" (as defined by Ark Code Ann § 8-4-303) means a state implementation plan that specifies measures to be used in the implementation of the state's duties under the Clean Air Act, 42 U.S.C. § 7401et seq., for the attainment and maintenance of a specified NAAQS in each air quality control region or portion of an air quality control region within the state.
"Opacity" means the degree to which air emissions reduce the transmission of light and obscure the view of an object in the background.
"Operator" means any person who leases, operates, controls, or supervises any equipment affected by these rules.
"Owner" means any person who has legal or equitable title to any source, facility, or equipment affected by these rules.
"Particulate matter" or "PM" means any airborne finely divided solid or liquid material with an aerodynamic diameter equal to or less than 100 micrometers.
"Particulate matter emissions" means all particulate matter, other than uncombined water, emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternate method, specified in 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), or by a test method specified in these rules or any supplement thereto, with the exception of condensable particulate matter.
"Person" means any individual or other legal entity or their legal representative or assignee.
"Plan" means the Arkansas Plan of Implementation for Air Pollution Control.
" PM2. 5" means particulate matter with an aerodynamic diameter less than or equal to a nominal two and one-half (2.5) micrometers as measured by a reference method based on Appendix L of 40 C.F.R. Part 50 as of the effective date of the federal final rule published by EPA in the Federal Register on October 17, 2006 (71 FR 61226), or by an approved regional method designated in accordance with Appendix C of 40 C.F.R. Part 53.
" PM2.5 emissions" means PM2.5 emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method, specified 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), or by a test method specified in these rules or any supplement thereto.
"PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers as measured by a reference method based on Appendix J of 40 C.F.R. Part 50 as of the effective date of the federal final rule published by EPA in the Federal Register on August 7, 1987 (52 FR 29467), or by an equivalent method designated in accordance with 40 C.F.R. Part 53 as of December 8, 1984.
"PM10 emissions" means PM10 emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method, specified 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), or by a test method specified in these rules or any supplement thereto.
"Potential to emit" means the maximum capacity of a stationary source to emit a federally regulated air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a federally regulated air pollutant, including, but not, limited to, air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is enforceable to the extent it is regulated by the federal Clean Air Act, 42 U.S.C. § 7401et seq. as of February 15, 1999. Secondary air emissions do not count in determining the potential to emit of a stationary source.
"Responsible official" means one of the following:
"Rule 8" means Arkansas Pollution Control and Ecology Commission Regulation No. 8 until it is amended to replace the term "regulation" with "rule." After that time, Rule 8 means Arkansas Pollution Control and Ecology Commission Rule 8.
"Rule 18" means Arkansas Pollution Control and Ecology Commission Regulation No. 18, until it is amended to replace the term "regulation" with "rule." After that time, Rule 18 means Arkansas Pollution Control and Ecology Commission Rule 18.
"Rule 26" means Arkansas Pollution Control and Ecology Commission Regulation No. 26, until it is amended to replace the term "regulation" with "rule." After that time, Rule 26 means Arkansas Pollution Control and Ecology Commission Rule 26.
"Secondary emissions" means those emissions of federally regulated air pollutants which, although associated with a source, are not emitted from the source itself.
"Shutdown" means the cessation of operation of equipment.
"Startup" means the setting in operation of equipment.
"State implementation plan" or "SIP" (as defined at Ark. Code Ann. § 8-4-303), means a plan that specifies measures to be used in the implementation of the state's duties under the Clean Air Act, 42 U.S.C. § 7401et seq., and that is developed by the Division and submitted to the EPA for review and approval.
"Stationary source" means any building, structure, facility, or installation which emits or may emit any federally regulated air pollutant.
"Title I modification" means any modification as defined under any regulation promulgated pursuant to Title I of the federal Clean Air Act. De minimis changes under Rule 19, changes to state only permit requirements, administrative permit amendments, and changes to the insignificant activities list are not Title I modifications.
"Volatile organic compounds" or "VOC" means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions.
acetone; methane; ethane;
methylene chloride (dichloromethane);
1,1,1- trichloroethane (methyl chloroform);
tetrachloroethylene (perchloroethylene);
1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113);
trichlorofluoromethane (CFC-11);
dichlorodifluoromethane (CFC-12);
chlorodifluoromethane (HCFC-22);
trifluoromethane (FIFC-23);
1,2-dichloro 1,1, 2, 2-tetrafluoroethane (CFC-114);
chloropentafluoroethane (CFC-115);
1,1,1-trifluoro 2,2-dichloroethane (HCFC-123);
1,1,1,2-tetrafluoroethane (HFC-134a);
1,1-dichloro 1-fluoroethane (HCFC-141b);
1 -chloro 1,1-difluoroethane (HCFC-142b);
2 -chloro-1,1,1,2-tetrafluoroethane (HCFC-124);
pentafluoroethane (FIFC-125);
1,1,2,2-tetrafluoroethane (HFC-134);
1,1,1-trifluoroethane (HFC-143a);
1,1-difluoroethane (HFC-152a);
parachlorobenzotrifluoride (PCBTF);
cyclic, branched, or linear completely methylated siloxanes;
3,3-dichloro-l,l,l,2,2-pentafluoropropane (HCFC-225ca);
l,3-dichloro-l,l,2,2,3-pentafluoropropane(HCFC-225cb);
1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee);
difluoromethane (HFC-32); ethylfluoride(HFC-161);
1,1,1,3,3,3-hexafluoropropane (HFC-236fa);
1,1,2,2,3-pentafluoropropane (HFC-245ca);
1,1,2,3,3-pentafluoropropane (HFC 245ea);
1,1,1,2,3-pentafluoropropane (HFC-245eb);
1,1,1,3,3-pentafluoropropane (HFC-245fa);
1,1,1,2,3,3-hexafluoropropane (HFC-236ea);
1,1,1,3,3-pentafluorobutane (HFC-365mfc);
chlorofluoromethane (HCFC-31);
1 chloro-1-fluoroethane (HCFC-151a);
1,2-dichloro-1,1,2-trifluoroethane(HCFC-123a);
1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or HFE-7100);
2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OCH3); l-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE 7200); 2-(ethoxydifluorom ethyl)-1,1,1,2,3,3,3 -heptafluoropropane
((CF3)2CFCF2OC2H5); methyl acetate;
l,l,l,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3 or HFE-7000); 3-ethoxy-l,l,l,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane
(HFE-7500); 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea); methyl formate (HCOOCH3);
1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300); propylene carbonate; dimethyl carbonate;
trans-l,3,3,3-tetrafluoropropene (HFO-1234ze); HCF2OCF2H (HFE-134); HCF2OCF2OCF2H (HFE-236cal2); HCF2OCF2CF2OCF2H (HFE-338pccl3); HCF2OCF2OCF2CF2OCF2H (H-Galden 1040x or H-Galden ZT 130 [or 150 or 180]); trans- 1 -chloro-3,3,3 -triflouroprop-1 -ene;
2,3,3,3-tetraflouropropene;
2-amino-2-methyl-l-propanol;
and perfluorocarbon compounds which fall into these classes:
Appendix A, as of July 1, 1997, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligibly-reactive compounds may be excluded as VOC if the amount of such compounds is accurately quantified, and such exclusion is approved by the Division.
The purpose of this chapter is to state the responsibilities of the Division and regulated sources in meeting and maintaining the NAAQS. If any area of the state is determined to be in violation of the NAAQS, all applicable requirements contained in the Clean Air Act, as amended, and all regulations promulgated thereto shall be met by the Division.
The Division shall be responsible for taking the following precautions to prevent the NAAQS from being exceeded:
Any source subject to the provisions of this Plan shall be responsible for taking the following precautions to prevent the NAAQS from being exceeded:
Sources subject to this rule shall also comply with all Federal programs that the Division is responsible for administering including certain delegated subparts of the New Source Performance Standards (40 C.F.R. Part 60), provisions designed for the Prevention of Significant Deterioration (40 C.F.R. § 52.21), and certain delegated subparts of the National Emissions Standards for Hazardous Air Pollutants (40 C.F.R. Parts 61 and 63), which were promulgated as of January 27, 2006. These delegated subparts only apply to major sources. (There are subparts that apply to minor sources, but the Division has not requested delegation of them as of April 28, 2006.)
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 Division pursuant to the provisions of this chapter.
No permit shall be granted or modified under this chapter unless the owner/operator demonstrates to the reasonable satisfaction of the Division that the stationary source will be constructed or modified to operate without resulting in a violation of applicable portions of this rule or without interfering with the attainment or maintenance of a national ambient air quality standard.
Issuance of a permit by the Division does not affect the responsibility of the owner/operator to comply with applicable portions of this rule.
Application for a permit shall be made on such forms and contain such information as the Division may reasonably require, including but not limited to:
If, while processing an application that has been determined to be complete, the Division determines that additional information is necessary to evaluate or take final action on that application, the Division may request such information in writing and set a reasonable deadline for a response.
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.
The Division will review the application submitted under this chapter in order to ensure to their reasonable satisfaction that:
is found to be in conflict with this Section 19.405(B)(1), this Section shall take precedence.
The Division shall take final action on a permit application after the close of the public comment period. The Division shall notify in writing the owner/operator and any person that submitted a written comment, of the Division's final action and the Division's reasons for its final action.
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 Division's analysis, as demonstrated by the permit record, of the effect of construction or modification on ambient air quality, including the Division's proposed approval or disapproval of the permit.
For purposes of this section, opportunity to comment shall include, at a minimum:
Pollutant | De Minimis Concentration | Averaging Time |
carbon monoxide | 500 //g/mj | 8-hour |
nitrogen dioxide | 10//g/mJ | Annual |
PM2.5 | 2//g/mJ | 24-hour |
PM10 | 8 //g/mJi | 24-hour |
sulfur dioxide | 18//g/mJ | 24-hour |
lead | 0.1//g/mj | 3-month |
Stationary sources and activities listed in Appendix A of this rule shall be considered to be insignificant and will not require a permit under this chapter or be included in a source's permit.
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.
Facilities which are now subject to this rule which were not previously subject to this rule shall be in full compliance within 180 days of the effective date of this rule. Facilities which are now subject to permitting under this rule which were not previously subject to permitting under this rule shall submit a complete application within 180 days of the effective date of this rule. The Director may extend this compliance period on a case-by-case basis provided that the total compliance period does not exceed one year.
Any permit issued under this rule is subject to revocation, suspension, or modification in whole or in part, for cause, including without limitation:
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.
Rule 19.411 General Permits
The Division 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 rule. To sources that qualify, the Division 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.
Sources that would qualify for a general permit must apply to the Division for coverage under the terms of the general permit or must apply for permit consistent with this chapter. The Division 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.
The following shall apply when dispersion or other air quality modeling is used to meet the requirements of this chapter.
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).
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.
Information which constitutes a trade secret shall be held confidential and segregated from the public files of the Division if requested in writing by the permit applicant in accordance with this subsection.
"The applicant agrees to act as an indispensable party and to exercise extraordinary diligence in any legal action arising from the Division'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 Rule 19.413(A)(1) and (2) and reference this document in future confidentiality claims.
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 Division. It is incumbent upon the permit applicant to apply for any reasonably anticipated alternative facility operating scenarios at the time of permit application. The Division shall include approved alternative operating scenarios in the permit.
A permitted source may make changes within the facility that contravene permit terms without a permit revision if the changes:
provided that the facility provides the Division 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 Division allows for emergencies. The source and the Division 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.
The purpose of this chapter is to define the general federally regulated air pollutant emissions limitations applicable to all equipment subject to the Plan. Stricter specific limitations may be required in applicable permits if such limitations are necessary to comply with federal law or regulations which are in effect as of the effective date of this rule.
No person shall cause or permit the construction or modification of equipment which would cause or allow the following standards or limitations to be exceeded:
Division after January 30, 1972, to exceed the following limitations or to exceed any applicable visible emission limitations of the New Source Performance Standards promulgated by the EPA:
The stack height provisions of 40 C.F.R. § 51.118 are incorporated by reference. The definition of "stack," "a stack in existence," "dispersion technique," "good engineering practice," "nearby," and "excessive concentration" are defined in 40 C.F.R. §§ 51.100(ff) through (kk) are incorporated into this chapter by reference as of September 12, 1986.
The emissions limitations contained within the Plan and applicable permits are for the purpose of assuring the attainment and maintenance of the NAAQS and have been established within the framework of information presently available to the Division. As additional and more precise information becomes available, the emission limitations and reporting procedures of this chapter may be amended as described below:
The Director shall take into account the following factors when making such determinations:
For purposes of this paragraph, "upset condition" shall be defined as exceedences of applicable emission limitations lasting 30 or more minutes, in the aggregate, during a 24-hour period, unless otherwise specified in an applicable permit or rule (such as New Source Performance Standards [NSPS] regulations). All upset conditions, resulting in violation of an applicable permit or rule, shall be reported to the Division. Any source exceeding an emission limit established by the Plan or applicable permit shall be deemed in violation of said Plan or permit and shall be subject to enforcement action. The Division may forego enforcement action for federally regulated air pollutant emissions given that the person responsible for the source of the excess emissions does the following:
And that all reasonable measures have been taken to immediately minimize or eliminate the excess emissions.
An "emergency" means any situation arising from the sudden and reasonably unforeseeable events beyond the control of the source, including natural disasters, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the upset condition. An emergency shall not include non-compliance to the extent caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error.
The purpose of this chapter is to generally define the powers of the Division in requiring sampling, monitoring, and reporting requirements at stationary sources. The Division 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.
Any stationary source subject to this rule shall be subject to the following requirements:
To provide any sampling ports, at the request of the Division, required for federally regulated air pollutant emissions sampling, including safe and easy access to such ports.
To conduct federally regulated air pollutant emissions sampling, at the request of the Division, 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 Division. Sampling shall not be required for those pollutants with continuous emissions monitors.
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.
Unless otherwise approved by the Division, 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.
Any equipment that is to be tested, at the request of the Division, shall be tested in accordance with the following time frames:
The Division 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 Division, 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 Division within the time frames and on such forms as required by the Division 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 Division or the EPA during regular business hours.
Any stationary source subject to this rule shall, as required by federal law and upon request of the Division:
For equipment for which a new permit or major permit modification is required, the Division shall be notified in writing within 30 days of the following events;
Any stationary source subject to this rule shall, upon request by the Division:
Emissions data obtained by the Division shall be correlated in units of applicable emissions limitations and be made available to the public at the Division's central offices during normal business hours.
The purpose of this chapter is to establish rules for designated pollutants emitted from designated facilities in accordance with Section 111(d) of the Clean Air Act.
No person shall cause or permit emissions from equipment located at facilities described in this chapter to be exceeded. Future permit conditions may place more stringent emissions limitations on the equipment which shall supersede the limitations of this section.
Equipment located at the following kraft pulp mills are affected by the provisions of this subsection. The total reduced sulfur (TRS) emissions limitations are contained in Table 19.8.1.
All designated equipment in Table 19.8.1 shall have annual compliance testing of TRS emissions performed using EPA Method 16. Data reduction shall be performed as set forth in 40 C.F.R. § 60.8 as of the effective date of the federal final rule published by EPA in the Federal Register on February 27, 2014 (79 FR 11241). Annual compliance testing will not be required for equipment with a continuous TRS emissions monitor.
Any equipment located at the above designated facilities shall conduct TRS continuous monitoring in accordance with the requirements of 40 C.F.R. § 60.284 (date of installation not withstanding). The continuous monitoring systems shall be operated according to the provisions of 40 C.F.R. § 60.284 by April 1, 1993, except that continuous emissions monitors for affected lime kilns shall be installed and certified by January 1, 1994.
Table 19.8.1 Kraft Pulp Mill TRS Emission Limits | |||
AFFN | Facility | Equipment | TRS Concentration (parts per million [ppm]) |
5200013 | IP Camden | recovery furnace | 40 ppm |
lime kiln | 40 ppm | ||
smelt dissolving tank | 0.0168 gram (g)/kilogram (kg) | ||
3500016 | IP Pine Bluff | recovery furnace | 40 ppm |
lime kiln | 40 ppm | ||
smelt dissolving tank | 0.0168 g/kg | ||
1500001 | Green Bay Packaging, Arkansas Kraft Division | recovery furnace | 40 ppm |
lime kiln | 40 ppm | ||
smelt dissolving tank | 0.0168 g/kg | ||
3500017 | Gaylord Container, Corp. | recovery furnace | 100 ppm |
lime kiln | 40 ppm | ||
smelt dissolving tank | 0.0168 g/kg | ||
0200013 | GP Crossett | recovery furnace | 5 ppm |
lime kiln | 8 ppm | ||
smelt dissolving tank | 0.0168 g/kg | ||
4100002 | GP Ashdown | recovery furnace | 5 ppm |
lime kiln | 8 ppm | ||
smelt dissolving tank | 0.0168 g/kg | ||
2100036 | Potlatch McGehee | recovery furnace | 5 ppm |
lime kiln | 20 ppm | ||
smelt dissolving tank | 0.0168 g/kg |
Recovery Furnaces - measured as hydrogen sulfide (H2S) on a dry basis and on a twelve (12) hour average, corrected to 8% by volume oxygen.
Lime Kilns - measured as H2S on a dry basis and on a twelve (12) hour average, corrected to 10% volume oxygen.
Smelt Dissolving Tanks - measured as grams H2S/kg black liquor solids on a twelve (12) hour average.
Digesters and Evaporators - efficient incineration of non-condensable gases (at least 1200°F for at least one-half (0.5) second).
The following rules 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. § 8-4-101et seq., shall be known as the Prevention of Significant Deterioration Rules of the Arkansas Plan of Implementation for Air Pollution Control, hereinafter referred to, respectively, as the "PSD Rules."
Promulgation and enforcement of these PSD Rules is intended to further the purposes of the Plan and the Rules of the Plan, including, but not limited to, acceptance of delegation by the EPA of authority for enforcement of rules governing the prevention of significant deterioration of air quality and rules governing the protection of visibility in mandatory Class I federal areas.
21, 2007 (72 FR 72607);
In the absence of a specific imposition of responsibility or grant of authority, the Division shall be deemed to have that responsibility and authority necessary to attain the purposes of the Plan, these PSD Rules, and the applicable federal regulations, as incorporated herein by reference.
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 Division, based on screening criteria agreed upon by the Division and the Federal Land Manager.
(0(4X0;
This chapter, adopted in accordance with the provisions of the Arkansas Water and Air Pollution Control Act [Arkansas Code Annotated Sections 8-4-101etseq., as amended] and pursuant to the provisions of the federal Clean Air Act, shall be known as the Rules for the Control of Volatile Organic Compounds.
The Rules for the Control of Volatile Organic Compounds are designed to provide for the attainment and maintenance of the National Ambient Air Quality Standards for ozone in those areas of Arkansas which have been designated as nonattainment areas by the EPA pursuant to the federal Clean Air Act and are further designed to bring the Arkansas Plan of Implementation for Air Pollution Control into compliance with the provisions of said Act.
When used in these Rules for the Control of Volatile Organic Compounds, the following definitions apply. Terms and phrases used in this chapter which are not explicitly defined herein shall have the same meaning as those terms used in Chapter 2 of Rule 19 or, if not defined in Chapter 2 of Rule 19, as those terms defined in the federal Clean Air Act.
Unless manifestly inconsistent therewith, terms and phrases used herein shall have the same meaning as used in the Arkansas Water and Air Pollution Control Act and the federal Clean Air Act.
"Clear coat" means a coating which lacks color and opacity.
"Coating application system" means all operations and equipment which applies, conveys, and dries a surface coating.
"Control Technique Guideline" means any of the guideline series documents describing an emission control technology for a specific source or category of sources; which documents being published by the EPA.
"Cutback asphalt" means asphalt cement which has been liquefied by blending with petroleum solvents (diluents). Upon exposure to atmospheric conditions, the diluents evaporate, leaving the asphalt cement to perform its function.
"Crude oil" means a naturally occurring mixture consisting of hydrocarbons and/or sulfur, nitrogen, and/or oxygen derivatives of hydrocarbons and which is a liquid in the reservoir and at standard conditions.
"Custody transfer" means the transfer of produced crude oil and/or condensate, after processing and/or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation.
"Delivery vessel" means tank trucks or trailers equipped with a storage tank and used for the transport of gasoline from sources of supply to stationary tanks of gasoline dispensing facilities.
"Existing source" means any source of volatile organic compounds other than a new source.
"External floating roof means a storage vessel cover in an open tank top consisting of a double deck or pontoon single deck which rests upon and is supported by the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.
"Extreme performance coating" means coatings designed for harsh exposure or extreme environmental conditions.
"Gasoline" means a petroleum distillate having a Reid vapor pressure of 27.6 kilopascals (kPa) (4 pounds per square inch [psi]) or greater that is used as fuel for internal combustion engines.
"Gasoline dispensing facility" means any site where gasoline is dispensed to motor vehicle gasoline tanks from stationary storage tanks.
"Gasoline tank truck" means tank trucks or trailers equipped with a storage tank and used for the transport of gasoline from sources of supply to stationary storage tanks or to gasoline bulk facilities.
"Liquid-mounted" means a primary seal mounted so the bottom of the seal covers the liquid surface between the tank shell and the floating roof.
"Low solvent coating" means coatings which contain less organic solvent than the conventional coatings used by the industry. Low solvent coatings include water borne, high solids, electrodeposition and powder coatings.
"Lowest Achievable Emission Rate" (LAER) means for any source, that rate of emissions which reflects the most stringent emission limitation which is contained in the implementation plan of any State for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable, or the most stringent emission limitation which is achieved in practice by such class or category of source, whichever is more stringent. In no event shall the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowable under applicable New Source Standards of Performance.
"Major source" means any stationary source which has the potential to emit 100 tons or more per year of volatile organic compounds.
"Modification" means any physical change in, or change in the method of operation of, a stationary source which increases the amount of any volatile organic compound emitted by such source or which results in the emission of any other volatile organic compound not previously emitted.
"New source" means any stationary source of volatile organic compounds, the construction or modification of which is commenced after July 1, 1979.
"New Source Standard of Performance" (NSPS) means those standards which are adopted by the EPA pursuant to the provisions of Section 111 of the federal Clean Air Act [NSPS, 40 CFR Part 60 ].
"Operator" means any person who leases, operates, controls, or supervises any source, facility or equipment affected by these rules.
"Owner" means any person who has legal or equitable title to any source, facility, or equipment affected by these rules.
"Person" means any individual or other legal entity or their legal representative or assignee.
"Prime coat" means the first of two or more films of coating applied to a metal surface.
"Reasonably Available Control Technology" (RACT) means the lowest emission limit that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. It may require technology that has been applied to similar, but not necessarily identical source categories.
"Single coat" means one film coating applied to a metal surface.
"Top coat" means the final film or series of films or coatings applied in a two coat (or more) operation.
"True vapor pressure" means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with methods described in American Petroleum Institute (API) Bulletin 2517, Evaporation Loss from External Floating Roof Tanks, 1980. The API procedure may not be applicable to some high viscosity or high pour crudes. Available estimates of true vapor pressure may be used in special cases such as these.
"Vapor collection system" means a vapor transport system which used direct displacement by the gasoline being transferred to force vapors from the vessel being loaded into either a vessel being unloaded or a vapor control system or vapor holding tank.
"Vapor control system" means a system that prevents release to the atmosphere of gasoline vapors in excess of 80 milligrams per liter of gasoline loaded (4.7 grains per liter).
"Vapor-mounted" means a primary seal mounted so there is an annular vapor space underneath the seal. The annular vapor space is bounded by the bottom of the primary seal, the tank shell, the liquid surface, and the floating roof.
The Rules for the Control of Volatile Organic Compounds are not intended as appropriate controls for sources which emit volatile organic compounds which are hazardous air pollutants.
Except as provided herein, no person shall commence the construction, installation, or modification of a new source after July 1, 1979, unless that person has first received a permit from the Division. Application for permit shall be of such form and contain such information as the Division may reasonably require.
No person shall mix, use or apply cutback asphalt for roadway paving except where the cutback asphalt is used solely as a penetrating prime coat or when the maximum ambient temperature on the day of application is less than 15 degrees Celsius (°C) (59 degrees Fahrenheit [°F]).
If any provision of the Rules for the Control of Volatile Organic Compounds or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Rules for the Control of Volatile Organic Compounds which can be given effect without the invalid provision or application, and to this end, the provisions of the Rules for the Control of Volatile Organic Compounds are declared to be severable.
Facilities subject to Arkansas Pollution Control and Ecology Commission's Rule 26, Rules of the Arkansas Operating Air Permit Program, (Rule 26) shall be required to have their permit applications processed in accordance with the procedures contained in Rule 26 which are hereby incorporated by reference.
The purpose of this chapter is to limit emissions of VOC from gasoline stored in stationary dispensing tanks and from gasoline delivered into such tanks.
This rule applies to all gasoline dispensing facilities and gasoline service stations and to delivery vessels delivering gasoline to a gasoline dispensing facility or gasoline service station in a nonattainment area; and this rule applies to all persons owning or operating a gasoline distribution facility or gasoline service station in a nonattainment area.
This rule does not apply to:
No person may cause, allow or permit the transfer of gasoline from any delivery vessel into any stationary storage tank unless such transfer complies with the following requirements:
The following records shall be maintained for not less than two (2) years and the same shall be made available for inspection by the Division:
40 C.F.R. Part 96, Subparts AAAA-HHHH for the CAIR NOx Ozone Season Trading Program, as finalized by the EPA on May 12, 2005, and further revised by EPA on April 28, 2006, with correcting amendments on December 13, 2006, and on October 19, 2007, are herein incorporated by reference with the exception of Subpart EEEE (CAIR NOx Ozone Season Allowance Allocations) and all references to CAIR NOx Ozone Season Opt-in Units, which, along with Subpart IIII (CAIR NOx Ozone Season Opt-in Units), are not incorporated. The following replace 40 C.F.R. § 96 Subpart EEEE.
The Arkansas State trading budgets for annual allocations for CAIR NOx Ozone Season allowances have been set by EPA as follows: for the control periods of 2009 through 2014, 11,515 tons per control period; and for the control periods for 2015 and beyond, 9,596 tons per control period. The total number of allowances allocated by the State of Arkansas shall not exceed these budgets for their respective control periods.
The purpose of this chapter is to establish regional haze program requirements.
For purposes of this chapter only the definitions contained in 40 C.F.R. § 51.301 as in effect on June 22, 2007, are hereby incorporated by reference.
The following are BART-eligible sources:
BART Source Category Number and Name | Facility Name | AFIN | Unit ID | Unit Description |
1. Fossil fuel-fired Electric Plants > 250 million British thermal units (MMbtu)/hour -Electric Generating Units (EGUs) | Arkansas Electric Coop - Carl E. Bailey | 74-00024 | SN-01 | Boiler |
Arkansas Electric Coop - John L. McClelland Generating Station | 52-00055 | SN-01 | Boiler | |
Entergy Arkansas, Inc. - Lake Catherine Plant | 30-00011 | SN-03 | Unit 4 Boiler | |
Entergy Arkansas - Ritchie | 54-00017 | SN-02 | Unit 2 | |
Entergy Arkansas, Inc. - White Bluff | 35-00110 | SN-01 | Unit 1 Boiler | |
SN-02 | Unit 2 Boiler | |||
SN-05 | Auxiliary Boiler | |||
SWEPCO Flint Creek Power Plant | 04-00107 | SN-01 | Boiler |
3. Kraft Pulp Mills | Domtar Industries, Inc. -Ashdown Mill | 41-00002 | SN-03 | #1 Power Boiler |
SN-05 | #2 Power Boiler | |||
Delta Natural Kraft and Mid America Packaging, LLC. | 35-00017 | SN-02 | Recovery Boiler | |
Evergreen Packaging Inc., Pine Bluff Mill | 35-00016 | SN-04 | #4 Recovery Boiler | |
Georgia-Pacific Corporation -Crossett Paper Operations | 02-00013 | SN-19 | 6A Boiler | |
SN-22 | 9A Boiler | |||
Green Bay Packaging, Inc. -Arkansas Kraft Division | 15-00001 | SN-05A | Recovery Boiler | |
Potlatch Forest Products Corporation - Cypress Bend Mill | 21-00036 | SN-04 | Power Boiler | |
11. Petroleum Refineries | Lion Oil Company | 70-00016 | SN-809 | #7 Catalyst Regenerator |
15. Sulfur Recovery Plant | Albermarle Corporation - South Plant | 14-00028 | SR-01 | Tail Gas Incinerator |
19. Sintering Plants | Big River Industries | 18-00082 | SN-01 | Kiln A |
21. Chemical Processing Plants | Albermarle Corporation - South Plant | 14-00028 | BH-01 | Boiler #1 |
BH-02 | Boiler #2 | |||
FutureFuels Chemical Co. | 32-00036 | 6M01-01 | 3 Coal Boilers | |
El Dorado Chemical Company | 70-00040 | SN-08 | West Nitric Acid Plant | |
SN-09 | East Nitric Acid Plant | |||
SN-10 | Nitric Acid Concentrator |
AFIN | Facility Name | Source # | Source Name |
74-00024 | Arkansas Electric Cooperative Corporation Carl E. Bailey Generating Station | SN-01 | Boiler |
52-00055 | Arkansas Electric Cooperative Corporation John L. McClellan Generating Station | SN-01 | Boiler |
41-00002 | Domtar Industries, Inc. Ashdown Mill | SN-03 | #1 Power Boiler |
SN-05 | #2 Power Boiler | ||
30-00011 | Entergy Arkansas, Inc. - Lake Catherine Plant | SN-03 | Unit 4 Boiler |
35-00110 | Entergy Arkansas, Inc. - White Bluff | SN-01 | Unit 1 Boiler |
SN-02 | Unit 2 Boiler | ||
SN-05 | Auxiliary Boiler | ||
04-00107 | SWEPCO Flint Creek Power Plant | SN-01 | Boiler |
- Ashdown Mill, #1 Power Boiler, SN-03 shall comply with BART by meeting the following emission limits:
- Ashdown Mill, #2 Power Boiler, SN-05 shall comply with BART by meeting the following emission limits:
Each facility listed in Rule 19.1504(A) as being subject to BART shall demonstrate compliance with the BART limits listed in 19.1505 in accordance with the provisions of Chapter 7 of this rule.
The Part 70 permit of each facility subject-to-BART shall be subject to re-opening in accordance with section 26.1011(A) of Arkansas Pollution Control and Ecology Commission Rule 26.
This rule is effective ten (10) days after filing with the Secretary of State, the State Library, and the Bureau of Legislative Research.
APPENDIX A: INSIGNIFICANT ACTIVITIES LIST
The following types of activities or emissions are deemed insignificant on the basis of size, emission rate, production rate, or activity. Certain of these listed activities include qualifying statements intended to exclude many similar activities. By such listing, the Division exempts certain sources or types of sources from the requirements to obtain a permit or plan under this rule. Listing in this part has no effect on any other law to which the activity may be subject. Any activity for which a state or federal applicable requirement applies (such as NSPS, National Emission Standards for Hazardous Air Pollutants [NESHAP], or Maximum Achievable Control Technology [MACT]) is not insignificant, even if this activity meets the criteria below.
Group A
The following emission units, operations, or activities must either be listed as insignificant or included in the permit application as sources to be permitted. The ton-per-year applicability levels are for all sources listed in the categories (i.e., cumulative total).
1. Fuel burning equipment with a design rate less than ten (10) MMBtu per hour, provided that the aggregate air pollutant specific emissions from all such units listed as insignificant do not exceed five (5) tons per year (tpy) of any combination of HAPs, 75,000 tpy carbon dioxide, and ten (10) tpy of any other air pollutant.
2. Storage tanks less than or equal to 250 gallons storing organic liquids having a true vapor pressure less than or equal to three and one-half (3.5) psia, provided that the aggregate air pollutant specific emissions from all such liquid storage tanks listed as insignificant do not exceed five (5) tpy of any combination of HAPs and ten (10) tpy of any other air pollutant.
3. Storage tanks less than or equal to 10,000 gallons storing organic liquids having a true vapor pressure less than or equal to one-half (0.5) psia, provided that the aggregate air pollutant specific emissions from all such liquid storage tanks listed as insignificant do not exceed five (5) tpy of any combination of HAPs and ten (10) tpy of any other air pollutant.
4. Caustic storage tanks that contain no VOCs.
5. Emissions from laboratory equipment/vents used exclusively for routine chemical or physical analysis for quality control or environmental monitoring purposes provided that the aggregate air pollutant specific emissions from all such equipment/vents considered insignificant do not exceed five (5) tpy of any combination of HAPs and ten (10) tpy of any other air pollutant.
6. Non-commercial water washing operations of empty drums less than or equal to fifty-five (55) gallons with less than three percent of the maximum container volume of material.
7. Welding or cutting equipment related to manufacturing activities that do not result in aggregate emissions of HAPs in excess of one-tenth (0.1) tpy.
8. Containers of less than or equal to five (5) gallons in capacity that do not emit any detectable VOCs or HAPs when closed. This includes filling, blending, or mixing of the contents of such containers by a retailer.
9. Equipment used for surface coating, painting, dipping, or spraying operations, provided the material used contains no more than four-tenths (0.4) lb/gal VOCs, no hexavalent chromium, and no more than one-tenth (0.1) tpy of all other HAPs.
10. Non-production equipment approved by the Division, used for waste treatability studies or other pollution prevention programs provided that the emissions are less than ten (10) tpy of any air pollutant regulated under this rule or less than two (2) tpy of a single HAP or five (5) tpy of any combination of HAPs.1
11. Operation of groundwater remediation wells, including emissions from the pumps and collection activities provided that the emissions are less than ten (10) tpy of any air pollutant regulated under this rule or less than two (2) tpy of a single HAP or five (5) tpy of any combination of HAPs. This does not include emissions from air-stripping or storage.
12. Emergency use generators, boilers, or other fuel burning equipment that is of equal or smaller capacity than the primary operating unit, cannot be used in conjunction with the primary operating unit, and does not emit or have the potential to emit regulated air pollutants in excess of the primary operating unit and not operated more than ninety (90) days a year. This does not apply to generators which provide electricity to the distribution grid.
13. Other activities for which the facility demonstrates that no enforceable permit conditions are necessary to ensure compliance with any applicable law or rule provided that the emissions are less than 75,000 tpy carbon dioxide, one (1) tpy of a single HAP or two and one-half (2.5) tpy of any combination of HAPs, or five (5) tpy of any other air pollutant regulated under this rule. These emission limits apply to the sum of all activities listed under this group.
Group B
The following emission units, operations, or activities need not be included in a permit application:
1. Combustion emissions from propulsion of mobile sources and emissions from refueling these sources unless regulated by Title II and required to obtain a permit under Title V of the federal Clean Air Act, as amended. This does not include emissions from any transportable units, such as temporary compressors or boilers. This does not include emissions from loading racks or fueling operations covered under any applicable federal requirements.
2. Air conditioning and heating units used for comfort that do not have applicable requirements under Title VI of the Act.
3. Ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any manufacturing/industrial or commercial process.
4. Non-commercial food preparation or food preparation at restaurants, cafeterias, or caterers, etc.
5. Consumer use of office equipment and products, not including commercial printers or business primarily involved in photographic reproduction.
6. Janitorial services and consumer use of janitorial products.
7. Internal combustion engines used for landscaping purposes.
8. Laundry activities, except for dry-cleaning and steam boilers.
9. Bathroom/toilet emissions.
10. Emergency (backup) electrical generators at residential locations.
11. Tobacco smoking rooms and areas.
12. Blacksmith forges.
13. Maintenance of grounds or buildings, including: lawn care, weed control, pest control, and water washing activities.
14. Repair, up-keep, maintenance, or construction activities not related to the source's primary business activity, and not otherwise triggering a permit modification. This may include, but is not limited to such activities as general repairs, cleaning, painting, welding, woodworking, plumbing, re-tarring roofs, installing insulation, paved/paving parking lots, miscellaneous solvent use, application of refractory, or insulation, brazing, soldering, the use of adhesives, grinding, and cutting.
15. Surface-coating equipment during miscellaneous maintenance and construction activities. This activity specifically does not include any facility whose primary business activity is surface-coating or includes surface-coating or products.
16. Portable electrical generators that can be "moved by hand" from one location to another.
17. Hand-held equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning, or machining wood, metal, or plastic.
18. Brazing or soldering equipment related to manufacturing activities that do not result in emission of HAPs.
19. Air compressors and pneumatically operated equipment, including hand tools.
20. Batteries and battery charging stations, except at battery manufacturing plants.
21. Storage tanks, vessels, and containers holding or storing liquid substances that do not contain any VOCs or HAPs.5
22. Storage tanks, reservoirs, and pumping and handling equipment of any size containing soaps, vegetable oil, grease, animal fat, and no volatile aqueous salt solutions, provided appropriate lids and covers are used and appropriate odor control is achieved.
23. Equipment used to mix and package soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, provided appropriate lids and covers are used and appropriate odor control is achieved.
24. Drop hammers or presses for forging or metalworking.
25. Equipment used exclusively to slaughter animals, but not including other equipment at slaughter-houses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment.
26. Vents from continuous emissions monitors and other analyzers.
27. Natural gas pressure regulator vents, excluding venting at oil and gas production facilities.
28. Hand-held applicator equipment for hot melt adhesives with no VOCs in the adhesive.
29. Lasers used only on metals and other materials which do not emit HAPs in the process.
30. Consumer use of paper trimmers/binders.
31. Electric or steam-heated drying ovens and autoclaves, but not the emissions from the articles or substances being processed in the ovens or autoclaves or the boilers delivering the steam.
32. Salt baths using non-volatile salts that do not result in emissions of any air pollutant covered by this rule.
33. Laser trimmers using dust collection to prevent fugitive emissions.
34. Bench-scale laboratory equipment used for physical or chemical analysis not including lab fume hoods or vents.
35. Routine calibration and maintenance of laboratory equipment or other analytical instruments.
36. Equipment used for quality control/assurance or inspection purposes, including sampling equipment used to withdraw materials for analysis.
37. Hydraulic and hydrostatic testing equipment.
38. Environmental chambers not using hazardous air pollutant gases.
39. Shock chambers, humidity chambers, and solar simulators.
40. Fugitive emissions related to movement of passenger vehicles, provided the emissions are not counted for applicability purposes and any required fugitive dust control plan or its equivalent is submitted.
41. Process water filtration systems and demineralizers.
42. Demineralized water tanks and demineralizer vents.
43. Boiler water treatment operations, not including cooling towers.
44. Emissions from storage or use of water treatment chemicals, except for hazardous air pollutants or pollutants listed under regulations promulgated pursuant to Section 112(r) of the Act as of July 1, 1997, for use in cooling towers, drinking water systems, and boiler water/feed systems.
45. Oxygen scavenging (de-aeration) of water.
46. Ozone generators.
47. Fire suppression systems.
48. Emergency road flares.
49. Steam vents and safety relief valves.
50. Steam leaks.
51. Steam cleaning operations.
52. Steam and microwave sterilizers.
53. Site assessment work to characterize waste disposal or remediation sites.
54. Miscellaneous additions or upgrades of instrumentation.
55. Emissions from combustion controllers or combustion shutoff devices but not combustion units itself.
56. Use of products for the purpose of maintaining motor vehicles operated by the facility, not including air cleaning units of such vehicles (i.e. antifreeze, fuel additives).
57. Stacks or vents to prevent escape of sanitary sewer gases through the plumbing traps.
58. Emissions from equipment lubricating systems (i.e. oil mist), not including storage tanks, unless otherwise exempt.
59. Residential wood heaters, cookstoves, or fireplaces.
60. Barbecue equipment or outdoor fireplaces used in connection with any residence or recreation.
61. Log wetting areas and log flumes.
62. Periodic use of pressurized air for cleanup.
63. Solid waste dumpsters.
64. Emissions of wet lime from lime mud tanks, lime mud washers, lime mud piles, lime mud filter and filtrate tanks, and lime mud slurry tanks.
65. Natural gas odoring activities unless the Division determines that emissions constitute air pollution.
66. Emissions from engine crankcase vents.
67. Storage tanks used for the temporary containment of materials resulting from an emergency reporting to an unanticipated release.
68. Equipment used exclusively to mill or grind coatings in roll grinding rebuilding, and molding compounds where all materials charged are in paste form.
69. Mixers, blenders, roll mills, or calendars for rubber or plastic for which no materials in powder form are added and in which no hazardous air pollutants, organic solvents, diluents, or thinners are used or emitted.
70. The storage, handling, and handling equipment for bark and wood residues not subject to fugitive dispersion offsite (this applies to the equipment only).
71. Maintenance dredging of pulp and paper mill surface impoundments and ditches containing cellulosic and cellulosic derived biosolids and inorganic materials such as lime, ash, or sand.
72. Tall oil soap storage, skimming, and loading.
73. Water heaters used strictly for domestic (non-process) purposes.
74. Facility roads and parking areas, unless necessary to control offsite fugitive emissions.
75. Agricultural operations, including onsite grain storage, not including internal combustion engines or grain elevators.
76. Natural gas and oil exploration and production site equipment not subject to a rule under 40C.F.R. Parts 60, 61, or 63.
1 The treatability study or pollution prevention program must be approved separately. The activity creating the emissions must also be determined to be insignificant as discussed in the introduction to this group.
2 Cleaning and painting activities qualify if they are not subject to VOC or HAP control requirements. Asphalt batch plant owners/operators must get a permit.
3 "Moved by hand" means that it can be moved by one person without assistance of any motorized or non-motorized vehicle, conveyance, or device.
4 Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and construction activities that emit HAP metals are more appropriate for treatment as insignificant activities based on size or production thresholds. Brazing, soldering, and welding equipment, and cutting torches related directly to plant maintenance and upkeep and repair or maintenance shop activities that emit HAP metals are treated as trivial and listed separately in this appendix.
5 Exemptions for storage tanks containing petroleum liquids or other volatile organic liquids are based on size and limits including storage tank capacity and vapor pressure of liquids stored and are not appropriate for this list.
APPENDIX B: NATIONAL AMBIENT AIR QUALITY STANDARDS LIST
The National Ambient Air Quality Standards as adopted as of the effective date of this Rule are listed below.
Pollutant | Final Rule Cite | Final Rule Date | Primary / Secondary | Averaging Time | Level | Form | Applicable Chapters |
Carbon Monoxide | 76 FR 54294 | August 31, 2011 | Primary | 8-hour | 9 ppm | Not to be exceeded more than once per year | All Chapters |
1 -hour | 35 ppm | All Chapters | |||||
Lead | 73 FR 66964 | November 12, 2008 | Primary and secondary | Rolling 3 month average | 0.15 ug/m3 | Not to be exceeded | All Chapters |
Nitrogen Dioxide | 75 FR 6474 | February 9, 2010 | Primary | 1 -hour | 100 ppb | 98th percentile, averaged over 3 years | All Chapters |
61 FR 52852 | October 8, 1996 | Primary and secondary | Annual | 53 ppb | Annual Mean | All Chapters | |
Ozone | 80 FR 65292 | October 26, 2015 | Primary and secondary | 8-hour | 0.070 ppm | Annual fourth-highest daily maximum 8-hr concentration, averaged over 3 years | All Chapters |
Particle Pollution, PM2.5 | 78 FR 3085 | January 15, 2013 | Primary | Annual | 12 ug/m3 | Annual mean, averaged over 3 years | All Chapters |
71 FR 61144 | October 17, 2006 | Secondary | Annual | 15 ug/m3 | |||
Primary and secondary | 24-hour | 35 ug/m3 | 98th percentile, averaged over 3 years | All Chapters | |||
Particle Pollution, PM10 | 71 FR 61144 | October 17, 2006 | Primary and secondary | 24-hour | 150 ug/m3 | Not to be exceeded more than once per year on average over 3 years | All Chapters |
Sulfur Dioxide | 75 FR 35520 | June 22, 2010 | Primary | 1 -hour | 75ppb | 99th percentile of 1 -hour daily maximum concentrations, averaged over 3 years | All Chapters |
38 FR 25678 | September 14, 1973 | Secondary | 3-hour | 0.5 ppm | Not to be exceeded more than once per year | All Chapters |
014.13.20 Ark. Code R. 003