118.00.22 Ark. Code R. 001
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 "Rule 19."
These rules are applicable to any stationary source that 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.
Unless a contrary intent is expressly stated, any adoption or descriptive reference to a law or federal regulation shall be construed as though the reference law were set forth in Rule 19 line-by-line, word-for-word as it existed on the effective date of Rule 19.
Terms and phrases used in this rule that are not explicitly defined herein shall have the same meaning as those terms that are used in the Clean Air Act. For purposes of this rule:
"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.
"Clean Air Act" means the federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq.
"CO2 equivalent emissions" means an amount of greenhouse gases emitted, and shall be computed by multiplying the mass amount of emissions in tons per year, for each of the six (6) greenhouse gases in the pollutant greenhouse gases, 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" and summing the resultant value for each to compute a tons per year of CO2 equivalent emissions. Table A-1 to Subpart A of 40 C.F.R. Part 98 is incorporated by reference as of January 1, 2015.
"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 that 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 that limits the emissions of federally regulated air pollutants on a continuous basis, including any requirements that 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.
"Federally regulated air pollutant" means the following:
"Fugitive emissions" means those emissions that 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 that are meeting that law or regulation.
"Greenhouse gases" means the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
"Hazardous air pollutant" means any air pollutant listed pursuant to § 112 of the Clean Air Act, 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 that increases the emission rate of any federally regulated air pollutant over permitted rates or that results in the emission of a federally regulated air pollutant not previously emitted, except that:
"National ambient air quality standards" 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.
"National ambient air quality standards state implementation plan (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 for the attainment and maintenance of a specified national ambient air quality standard 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.
"Part 70 source" means any stationary source subject to the permitting requirements of Rule 26.
"Particulate matter" means any airborne finely divided solid or liquid material with an aerodynamic diameter equal to or less than one hundred (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.
"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 Clean Air Act. 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 that, 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" (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, 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 that 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 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.
"Twelve-month period" means a period of twelve (12) consecutive months determined on a rolling basis with a new twelve-month period beginning on the first day of each calendar month.
"Volatile organic compounds" means any compound of carbon; excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate; that 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 (HFC-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 (HFC-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-1,1,1,2,2-pentafluoropropane (HCFC-225ca);
1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb);
1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee);
difluoromethane (HFC-32);
fluoroethane (ethyl fluoride or 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);
1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE 7200);
2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5);
methyl acetate;
1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3 or HFE-7000);
3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-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;
(1E)-1,3,3,3-tetrafluoroprop-1-ene (HFO-1234ze);
HCF2OCF2H (HFE-134);
HCF2OCF2OCF2H (HFE-236cal2);
HCF2OCF2CF2OCF2H (HFE-338pcc13);
HCF2OCF2OCF2CF2OCF2H (H-Galden 1040x or H-Galden ZT 130 [or 150 or 180]);
(1E)-1-chloro-3,3,3-trifluoroprop-1-ene;
2,3,3,3-tetraflouropropene;
2-amino-2-methyl-1-propanol;
t-butyl acetate;
cis-1,1,1,4,4,4-hexafluorobut-2-ene (HFO-1336mz-Z); and
perfluorocarbon compounds that fall into these classes:
The purpose of this chapter is to state the responsibilities of the Division and regulated sources in meeting and maintaining the national ambient air quality standards. If any area of the state is determined to be in violation of the national ambient air quality standards, 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 national ambient air quality standards from being exceeded:
Any source subject to the provisions of Rule 19 shall be responsible for taking the following precautions to prevent the national ambient air quality standards 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 emission standards for hazardous air pollutants (40 C.F.R. Parts 61 and 63) . 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:
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 | Five hundred (500) micrograms per cubic meter | Eight-hour |
nitrogen dioxide | Ten (10) micrograms per cubic meter | Annual |
PM2.5 | Two (2) micrograms per cubic meter | Twenty-four-hour |
PM10 | Eight (8) micrograms per cubic meter | Twenty-four-hour |
sulfur dioxide | Eighteen (18) micrograms per cubic meter | Twenty-four-hour |
lead | One-tenth (0.1) micrograms per cubic meter | Three-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 that have not been modified since, will not be required to obtain a permit under this chapter.
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 eighteen (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 eighteen (18) months or more.
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).
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 that 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.
The permit applicant shall apply for any reasonably anticipated alternative stationary source operating scenarios at the time of permit application. The Division shall include approved alternative operating scenarios in the permit. The permittee may implement any operating scenario allowed in the permit without the need for a permit revision or notification to the Division.
The purpose of this chapter is to define the general federally regulated air pollutant emissions limitations applicable to all equipment subject to Rule 19. Stricter specific limitations may be required in applicable permits if such limitations are necessary to comply with federal law or regulations that are in effect as of the effective date of this rule.
No person shall cause or permit the construction or modification of equipment that would cause or allow the following standards or limitations to be exceeded:
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.
The emissions limitations contained within Rule 19 and applicable permits are for the purpose of assuring the attainment and maintenance of the national ambient air quality standards 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 Chapter 6 of Rule 19, "upset condition" shall be defined as exceedances of applicable emission limitations lasting thirty (30) or more minutes, in the aggregate, during a twenty-four-hour period, unless otherwise specified in an applicable permit or rule (such as new source performance standards). 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 Rule 19 or applicable permit shall be deemed in violation of Rule 19 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 national ambient air quality standards.
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 ninety percent (90%) of its permitted capacity. Emissions results shall be extrapolated to correlate with one hundred percent (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 thirty (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 that shall supersede the limitations of this section.
Table 19.8.1 Kraft Pulp Mill TRS Emission Limits | |||
AFIN | Facility | Equipment | TRS Concentration (parts per million [ppm]) |
3500016 | Twin Rivers Pine Bluff, LLC | recovery furnace | Forty (40) parts per million |
lime kiln | Forty (40) parts per million | ||
smelt dissolving tank | 0.0168 grams per kilogram | ||
1500001 | Green Bay Packaging, Arkansas Kraft Division | recovery furnace | Forty (40) parts per million |
lime kiln | Forty (40) parts per million | ||
smelt dissolving tank | 0.0168 grams per kilogram | ||
3500017 | Mondi Pine Bluff | recovery furnace | One hundred (100) parts per million |
lime kiln | Forty (40) parts per million | ||
smelt dissolving tank | 0.0168 grams per kilogram | ||
0200013 | Georgia Pacific Corporation | recovery furnace | Five (5) parts per million |
lime kiln | Eight (8) parts per million | ||
smelt dissolving tank | 0.0168 grams per kilogram | ||
4100002 | Domtar A.W. | recovery furnace | Five (5)parts per million |
lime kiln | Eight (8) parts per million | ||
smelt dissolving tank | 0.0168 grams per kilogram | ||
2100036 | Clearwater Paper Corporation | recovery furnace | Five (5) parts per million |
lime kiln | Twenty (20) parts per million | ||
smelt dissolving tank | 0.0168 grams per kilogram | ||
Recovery Furnaces-measured as hydrogen sulfide on a dry basis and on a twelve-hour average, corrected to eight percent (8%) by volume oxygen.
Lime Kilns-measured as hydrogen sulfide on a dry basis and on a twelve-hour average, corrected to ten percent (10%) volume oxygen.
Smelt Dissolving Tanks-measured as grams hydrogen sulfide per kilogram black liquor solids on a twelve-hour average.
Digesters and Evaporators-efficient incineration of non-condensable gases (at least twelve hundred degrees Fahrenheit [1200°F] for at least one-half [0.5] of one [1] 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 Prevention of Significant Deterioration Rules of the Arkansas Plan of Implementation for Air Pollution Control, hereinafter referred to, respectively, as the "Prevention of Significant Deterioration Rules."
Promulgation and enforcement of these Prevention of Significant Deterioration Rules is intended to further the purposes of the state implementation plan and Rule 19, 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.
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 state implementation plan, these Prevention of Significant Deterioration 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.
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).
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.
This chapter, adopted in accordance with the provisions of the Arkansas Water and Air Pollution Control Act [Arkansas Code Annotated Sections 8-4-101et seq., as amended] and pursuant to the provisions of the 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 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 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 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 Clean Air Act.
"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.
"Prime coat" means the first of two or more films of coating applied to a metal surface.
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]).
An owner or operator of a Part 70 source subject to Rule 26 shall be required to have their permit applications processed in accordance with the procedures contained in Rule 26.
The purpose of this chapter is to limit emissions of volatile organic compounds 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:
This Chapter establishes certain best available retrofit control technology requirements and compliance provisions pursuant to the 40 C.F.R. § 51.308 as of June 22, 2007.
For purposes of this Chapter, the definitions contained in 40 C.F.R. § 51.301 as in effect on June 22, 2007 are incorporated by reference.
The owner or operator of each stationary source subject to Rule 19.1505 shall:
This Chapter establishes standards of performance, monitoring, recordkeeping, and reporting requirements for the control of designated pollutants from municipal solid waste landfills pursuant to 40 C.F.R. Part 60 Subpart Cf. Requirements under this Chapter shall not affect an owner's or operator's requirements under Rule 22.
For the purposes of this Chapter, the definitions in 40 C.F.R. § 60.41f are incorporated by reference except the definition of NMOC. NMOC means nonmethane organic compounds, as measured according to the provisions of 40 C.F.R § 60.35f.
This Chapter applies to each municipal solid waste landfill that:
The owner or operator of a closed landfill subject to this Chapter is not subject to the requirement to submit the following reports if the owner or operator submitted the reports to the Division or EPA under the provisions of 40 C.F.R. § 60 Subpart WWW or 40 C.F.R. § 62 Subpart GGG on or before July 17, 2014:
For each municipal solid waste landfill subject to this Chapter having a design capacity less than two and one-half million (2,500,000) megagrams by mass or two and one-half million (2,500,000) cubic meters by volume, the owner or operator shall:
The owner or operator of a municipal solid waste landfill subject to this Chapter shall install, maintain, and operate a collection and control system meeting the requirements specified in 40 C.F.R. § 60.33f(b)(1) through (3) and 40 C.F.R. § 60.33f(c)(1) through (4), except as provided in 40 C.F.R. § 60.24, within thirty (30) months after:
The owner or operator shall ensure that each collection system installed to comply with this Chapter shall meet the requirements specified in:
The owner or operator shall ensure that each control system installed to comply with this Chapter shall meet the requirements specified in 40 C.F.R. § 60.33f(c)(1) through (4) except as provided in 40 C.F.R. § 60.24.
A collection and control system required under this Chapter may be capped, removed, or decommissioned if the criteria specified in 40 C.F.R. § 60.33f(f)(1) through (4) are met.
Table 19.17.1 Increments of Progress | ||
Increment | Date if Using Tiers 1, 2, or 3 | Date if Using Tier 4 |
Increment 1: Submit final collection and control system design plan to the Division in accordance with Rule 19.1710 | Twelve (12) months after initial NMOC emission rate report or the first annual emission rate report showing NMOC emissions equal to or exceeding thirty-four (34) megagrams per year for active landfills or NMOC emissions equal to or exceeding fifty (50) megagrams for closed landfills | Twelve (12) months after the first measured concentration of methane of five hundred (500) parts per million or greater from the surface of the landfill |
Increment 2: Submit notice to the Division that on-site construction of collection and control system has begun | Twenty-four (24) months after initial NMOC emission rate report or the first annual emission rate report showing NMOC emissions equal to or exceeding thirty-four (34) megagrams per year for active landfills or NMOC emissions equal to or exceeding fifty (50) megagrams for closed landfills | Twenty-four (24) months after the first measured concentration of methane of five hundred (500) parts per million or greater from the surface of the landfill |
Increment 3: Submit notice to the Division that on-site construction of collection and control system is complete | Thirty (30) months after initial NMOC emission rate report or the first annual emission rate report showing NMOC emissions equal to or exceeding to thirty-four (34) megagrams per year for active landfills or NMOC emissions equal to or exceeding fifty (50) megagrams for closed landfills | Thirty (30) months after the first measured concentration of methane of five hundred (500) parts per million or greater from the surface of the landfill |
Increment 4: Final compliance with Rule 19.1708 | Thirty (30) months after initial NMOC emission rate report or the first annual emission rate report showing NMOC emissions equal to or exceeding to thirty-four (34) megagrams per year for active landfills or NMOC emissions equal to or exceeding fifty (50) megagrams for closed landfills | Thirty (30) months after the first measured concentration of methane of five hundred (500) parts per million or greater from the surface of the landfill |
The initial and annual performance test report provisions specified in 40 C.F.R. § 60.38f(h) and (i) are incorporated by reference.
The closure report and equipment removal report provisions specified in 40 C.F.R. § 60.38f(f) and (g) are incorporated by reference.
The liquids addition reporting requirements specified in 40 C.F.R. § 60.38f(l) are incorporated by reference.
The recordkeeping provisions specified in 40 C.F.R. § 60.39f(a) through (j) are incorporated by reference.
The owner or operator of a municipal solid waste landfill subject to this Chapter shall submit, as applicable, the following reports electronically in accordance with the procedures specified in 40 C.F.R. § 60.38f(j):
The test methods and procedures provisions specified in 40 C.F.R. § 60.35f(a) through (e) are incorporated by reference.
The corrective action and the corresponding timeline requirements specified in 40 C.F.R. § 60.38f(k) are incorporated by reference.
Rule 19 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
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 a new source performance standard, a national emission standard for hazardous air pollutants, or maximum achievable control technology) 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).
Group B
The following emission units, operations, or activities need not be included in a permit application:
APPENDIX B
NATIONAL AMBIENT AIR QUALITY STANDARDS 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 | Eight-hour | Nine (9) parts per million | Not to be exceeded more than once per year | All Chapters |
One-hour | Thirty-five (35) parts per million | All Chapters | |||||
Lead | 73 FR 66964 | November 12, 2008 | Primary and secondary | Rolling three-month average | 0.15 microgra ms per cubic meter | Not to be exceeded | All Chapters |
Nitrogen Dioxide | 75 FR 6474 | February 9, 2010 | Primary | One-hour | One hundred (100) parts per billion | Ninety-eighth (98th) percentile, averaged over three (3) years | All Chapters |
61 FR 52852 | October 8, 1996 | Primary and secondary | Annual | Fifty-three (53) parts per billion | Annual Mean | All Chapters | |
Ozone | 80 FR 65292 | October 26, 2015 | Primary and secondary | Eight-hour | 0.070 parts per million | Annual fourth-highest daily maximum eight-hour concentration, averaged over three (3) years | All Chapters |
Particle Pollution, PM2.5 | 78 FR 3085 | January 15, 2013 | Primary | Annual | Twelve (12) microgra ms per cubic meter | Annual mean, averaged over three (3) years | All Chapters |
71 FR 61144 | October 17, 2006 | Secondary | Annual | Fifteen (15) microgra ms per cubic meter | |||
Primary and secondary | Twenty-four-hour | Thirty-five (35) microgra ms per cubic meter | Ninety-eighth (98th) percentile, averaged over three (3) years | All Chapters | |||
Particle Pollution, PM10 | 71 FR 61144 | October 17, 2006 | Primary and secondary | Twenty-four-hour | One-hundred fifty (150) microgra ms per cubic meter | Not to be exceeded more than once per year on average over three (3) years | All Chapters |
Sulfur Dioxide | 75 FR 35520 | June 22, 2010 | Primary | One-hour | Seventy-five (75) parts per billion | Ninety-ninth (99th) percentile of one-hour daily maximum concentrations, averaged over three (3) years | All Chapters |
38 FR 25678 | September 14, 1973 | Secondary | Three-hour | 0.5 parts per million | Not to be exceeded more than once per year | All Chapters |
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 volatile organic compounds or hazardous air pollutant 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 hazardous air pollutant 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 hazardous air pollutant 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.
118.00.22 Ark. Code R. 001