40 CFR 52.200 - Original identification of plan section.

Regulations last checked for updates: Nov 23, 2024

Title 40 - Protection of Environment last revised: Nov 21, 2024

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Table of Contents

§ 52.170 - Identification of plan.

§ 52.171 - Classification of regions.

§ 52.172 - Approval status.

§ 52.173 - Visibility protection.

§ 52.174 - Control strategy and regulations: Ozone.

§§ 52.175-52.180 - §[Reserved]

§ 52.181 - Significant deterioration of air quality.

§ 52.183 - Small business assistance program.

§ 52.184 - Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?

§ 52.200 - Original identification of plan section.

§ 52.170 - Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State Implementation Plan (SIP) for Arkansas under section 110 of the Clean Air Act, 42 U.S.C. 7410,and.

(b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to December 1, 2005, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after December 1, 2005, will be incorporated by reference in the next update to the SIP compilation.

(2) EPA Region 6 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations that have been approved as part of the State implementation plan as of December 1, 2005.

(3) Copies of the materials incorporated by reference may be inspected at https://www.epa.gov/sips-ar or the Environmental Protection Agency, Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270-2102. If you wish to obtain material from the EPA Regional Office, please call (800) 887-6063 or (214) 665-2760.

EPA-Approved Regulations in the Arkansas SIP

State citation	Title/subject	State submittal/effective date	EPA approval date	Explanation
Rule No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
Chapter 1: Title, Intent and Purpose
Rule 19.101	Title	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.102	Applicability	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.103	Intent and Construction	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.104	Severability	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.105	Incorporation by Reference	6/22/2022	12/29/2023, 88 FR 90121
Chapter 2: Definitions
Chapter 2	Definitions	6/22/2022	12/29/2023, 88 FR 90121
Chapter 3: Protection of the National Ambient Air Quality Standards
Rule 19.301	Purpose	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.302	Division Responsibilities	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.303	Regulated Sources Responsibilities	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.304	Delegated Federal Programs	6/22/2022	12/29/2023, 88 FR 90121
Chapter 4: Minor Source Review
Rule 19.401	General Applicability	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.402	Approval Criteria	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.403	Owner/Operator's Responsibilities	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.404	Required Information	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.405	Action on Application	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.406	Public Participation	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.407	Permit Amendments	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.408	Exemption from Permitting	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.409	[Reserved]	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.410	Permit Revocation and Cancellation	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.411	General Permits	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.412	Dispersion Modeling	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.413	Confidentiality	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.414	Operational Flexibility—Applicant's Duty to Apply for Alternative Scenarios	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.415	Changes Resulting in No Emissions Increases	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.416	Permit Flexibility	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.417	Registration	6/22/2022	12/29/2023, 88 FR 90121
Chapter 5: General Emission Limitations Applicability to Equipment
Rule 19.501	Purpose	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.502	General Rules	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.503	Visible Emission Rules	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.504	Stack Height/Dispersion Rules	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.505	Revised Emissions Limitation	6/22/2022	12/29/2023, 88 FR 90121
Chapter 6: Upset and Emergency Conditions
Rule 19.601	Upset Conditions	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.602	Emergency Conditions	6/22/2022	12/29/2023, 88 FR 90121
Chapter 7: Sampling, Monitoring, and Reporting Requirements
Rule 19.701	Purpose	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.702	Air Emissions Sampling	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.703	Continuous Emissions Monitoring	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.704	Notice of Completion	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.705	Record Keeping and Reporting Requirements	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.706	Public Availability of Emissions Data	6/22/2022	12/29/2023, 88 FR 90121
Chapter 9: Prevention of Significant Deterioration
Rule 19.901	Title	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.902	Purposes	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.903	Definitions	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.904	Adoption of Rules	6/22/2022	12/29/2023, 88 FR 90121
Chapter 10: Rules for the Control of Volatile Organic Compounds in Pulaski County
Rule 19.1001	Title	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.1002	Purpose	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.1003	Definitions	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.1004	[Reserved]	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.1005	Provisions for Specific Processes	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.1006	[Reserved]	6/22/2022	12/29/2023, 88 FR 90121
Chapter 11: Major Source Permitting Procedures
Chapter 11	Major Source Permitting Procedures	6/22/2022	12/29/2023, 88 FR 90121
Chapter 13: Stage 1 Vapor Recovery
Rule 19.1301	Purpose	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.1302	Applicability	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.1303	Definitions	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.1304	Exemptions	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.1305	Prohibited Activities	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.1306	Record Keeping	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.1307	Inspections	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.1308	Vapor Recovery Systems	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.1309	Gasoline Delivery Vessels	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.1310	Owner/Operator Responsibility	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.1311	Test Methods	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.1312	Effective Date	6/22/2022	12/29/2023, 88 FR 90121
Chapter 14: [RESERVED]
Chapter 15: Best Available Retrofit Technology
Rule 19.1501	Purpose	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.1502	Definitions	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.1503	[Reserved]	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.1504	[Reserved]	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.1505	Best Available Retrofit Technology Requirements	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.1506	Compliance Provisions	6/22/2022	12/29/2023, 88 FR 90121
Rule 19.1507	[Reserved]	6/22/2022	12/29/2023, 88 FR 90121
Chapter 18: Effective Date
Rule 19.1801	Effective Date	6/22/2022	12/29/2023, 88 FR 90121
Appendix A: Insignificant Activities List
Appendix A	Insignificant Activities List	6/22/2022	12/29/2023, 88 FR 90121
Appendix B: National Ambient Air Quality Standards List
Appendix B	National Ambient Air Quality Standards List	6/22/2022	12/29/2023, 88 FR 90121
Regulation 26: Regulations of the Arkansas Operating Permit Program
Chapter 3: Requirements for Permit Applicability
Reg. 26.301	Requirement for a permit	7/26/2010	8/23/2019, 84 FR 44235
Reg. 26.302	Sources subject to permitting	3/24/2017	8/23/2019, 84 FR 44235
Chapter 4: Applications for Permits
Reg. 26.401	Duty to apply	3/24/2017	8/23/2019, 84 FR 44235
Reg. 26.402	Standard application form and required information	3/24/2017	8/23/2019, 84 FR 44235
Reg. 26.407	Complete application	3/24/2017	8/23/2019, 84 FR 44235
Reg. 26.409	Applicant's duty to supplement correct application	7/26/2010	8/23/2019, 84 FR 44235
Reg. 26.410	Certification by responsible official	7/26/2010	8/23/2019, 84 FR 44235
Chapter 5: Action on Application
Reg. 26.501	Action on part 70 permit applications	7/26/2010	8/23/2019, 84 FR 44235
Reg. 26.502	Final action on permit application	3/24/2017	8/23/2019, 84 FR 44235
Chapter 6: Permit Review by the Public, Affected States, and EPA
Reg. 26.601	Applicability	7/26/2010	8/23/2019, 84 FR 44235
Reg. 26.602	Public participation	3/24/2017	8/23/2019, 84 FR 44235
Reg. 26.603	Transmission of permit information to the Administrator	3/24/2017	8/23/2019, 84 FR 44235
Reg. 26.604	Review of draft permit by affected States	3/24/2017	8/23/2019, 84 FR 44235
Regulation No. 31: Nonattainment New Source Review Requirements
Chapter 1: Title, Intent, and Purpose
Reg. 31.101	Title	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.102	Applicability	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.103	Severability	7/3/2006	4/12/2007, 72 FR 18394
Chapter 2: Definitions
Chapter 2	Definitions	7/3/2006	4/12/2007, 72 FR 18394
Chapter 3: Preconstruction review
Reg. 31.301	Requirement for a Permit	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.302	Required Information	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.303	Approval Criteria	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.304	Offsets	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.305	Zones Targeted for Economic Development	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.306	Control Technology Information	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.307	Approval to Construct	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.308	Applicability of Nonattainment Review	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.309	Applicability of Other Regulations	7/3/2006	4/12/2007, 72 FR 18394
Chapter 4: Applicability Tests
Reg. 31.401	Actual-to-Projected-Actual Applicability Test	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.402	Actual-to-Potential Test	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.403	[Reserved]	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.404	[Reserved]	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.405	Emission Baseline Credits	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.406	Relaxation of Limits	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.407	Modifications to Existing Units	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.408	Public Availability of Information	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.409	Applicability of Nitrogen Oxides	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.410	Offset Requirements	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.411	PM10 Precursors	7/3/2006	4/12/2007, 72 FR 18394
Chapter 5: [Reserved]
Chapter 6: [Reserved]
Chapter 7: [Reserved]
Chapter 8: Actual PALS
Reg. 31.801	Applicability	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.802	Definitions	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.803	Permit Application Requirements	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.804	General Requirements for Establishing PALs	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.805	Public Participation Requirement for PALs	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.806	Setting the 10-year Actuals PAL Level	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.807	Contents of the PAL Permit	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.808	Reopening of the PAL Permit	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.809	PAL Effective Period	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.810	Expiration of a PAL	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.811	Renewal of a PAL	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.812	Increasing a PAL During the PAL Effective Period	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.813	Monitoring Requirements for PALs	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.814	Recordkeeping Requirements	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.815	Reporting and Notification Requirements	7/3/2006	4/12/2007, 72 FR 18394
Reg. 31.816	Transition Requirements	7/3/2006	4/12/2007, 72 FR 18394
Chapter 9: Effective Date
Reg. 31.901	Effective Date	7/3/2006	4/12/2007, 72 FR 18394
Regulation No. 9: Fee Regulation
Chapter 1	Title	7/9/2012	4/30/2015, 80 FR 24216
Chapter 2	Definitions	7/9/2012	4/30/2015, 80 FR 24216	The following definitions do not relate to the air program and are not being approved into the SIP: “Category”, “Certificate”, “Confined Animal Operation”, “Discretionary Major Facility”, “Evaluation”, “Laboratory“, “Major Municipal Facility”, “Non-Municipal Major Facility”, “Parameter”, “Program”.
Chapter 3	Permit Fee Payment	7/9/2012	4/30/2015, 80 FR 24216
Chapter 5	Air Permit Fees	7/9/2012	4/30/2015, 80 FR 24216
Chapter 9	Administrative Procedures	7/9/2012	4/30/2015, 80 FR 24216

(d) EPA-approved State source-specific requirements.

EPA-Approved Arkansas Source-Specific Requirements

Name of source	Permit or Order No.	State approval/ effective date	EPA approval date	Comments
Arkansas Electric Cooperative Corporation Carl E. Bailey Generating Station	Administrative Order LIS No. 18-071	8/7/2018	9/27/2019, 84 FR 51033	Unit 1.
Arkansas Electric Cooperative Corporation John L. McClellan Generating Station	Administrative Order LIS No. 18-071	8/7/2018	9/27/2019, 84 FR 51033	Unit 1.
Southwestern Electric Power Company Flint Creek Power Plant	Administrative Order LIS No. 18-072	8/7/2018	9/27/2019, 84 FR 51033	Unit 1.
Entergy Arkansas, Inc. Lake Catherine Plant	Administrative Order LIS No. 18-073	8/7/2018	9/27/2019, 84 FR 51033	Unit 4.
Entergy Arkansas, Inc. White Bluff Plant	Administrative Order LIS No. 18-073	8/7/2018	9/27/2019, 84 FR 51033	Units 1, 2, and Auxiliary Boiler.
Entergy Arkansas, Inc. Independence Plant	Administrative Order LIS No. 18-073	8/7/2018	9/27/2019, 84 FR 51033	Units 1 and 2.
Domtar Ashdown Mill	Permit #0287-AOP-R22	8/1/2019	3/22/2021, 86 FR 15104	Approval of plantwide conditions 32 to 43 of section VI from the permit, addressing emission limits for SO2, NOX, and PM10 and conditions for implementing the BART alternative for Power Boilers No. 1 and 2.

(e) EPA-approved nonregulatory provisions and quasi-regulatory measures.

EPA-Approved Statutes in the Arkansas SIP

State citation	Title/subject	State submittal/ effective date	EPA approval date	Explanation
Arkansas Water and Air Pollution Control Act—Part I
82.1901	Title of Act	1/28/1972	5/31/1972, 37 FR 10841	Ref 52.200(a) & (b).
82.1902	Definitions	1/28/1972	5/31/1972, 37 FR 10841	Ref 52.200(a) & (b).
82.1903	Pollution Control Commission	1/28/1972	5/31/1972, 37 FR 10841	Ref 52.200(a) & (b).
82.1904	Powers and Duties of Commission	1/28/1972	5/31/1972, 37 FR 10841	Ref 52.200(a) & (b).
82.1905	Persons Operating Disposal System—Furnishing Information and Permitting Examinations and Surveys	1/28/1972	5/31/1972, 37 FR 10841	Ref 52.200(a) & (b).
82.1906	Hearing Before Commission or Member—Appeal Procedure	1/28/1972	5/31/1972, 37 FR 10841	Ref 52.200(a) & (b).
82.1907	Co-operation with Agency of Another State or United States	1/28/1972	5/31/1972, 37 FR 10841	Ref 52.200(a) & (b).
82.1908	Actions Declared Public Nuisance—Permit to Construct, Make Changes in or Operate Disposal System—Submission of Plans	1/28/1972	5/31/1972, 37 FR 10841	Ref 52.200(a) & (b).
82.1909	Violation of Act a Misdemeanor—Pollution a Nuisance—Abatement	1/28/1972	5/31/1972, 37 FR 10841	Ref 52.200(a) & (b).
Arkansas Environmental Permit Fees Act (Act 817 of 1983)
82-1916 thru 82-1921	Permit Fees Act	12/16/1985	11/12/1986, 51 FR 40975	Ref 522.200(c)(24).
Arkansas Water and Air Pollution Control Act—Part II
82-1931	Air Pollution-State Policy	1/28/1972	5/31/1972, 37 FR 10841	Ref 52.200(a) & (b).
82-1932	Purpose of Act	1/28/1972	5/31/1972, 37 FR 10841	Ref 52.200(a) & (b).
82-1933	Definitions	1/28/1972	5/31/1972, 37 FR 10841	Ref 52.200(a) & (b).
82-1934	Exemptions	1/28/1972	5/31/1972, 37 FR 10841	Ref 52.200(a) & (b).
82-1935	Powers of Commission	1/28/1972	5/31/1972, 37 FR 10841	Ref 52.200(a) & (b).
82-1936	Factors in Exercise of Commission Powers	1/28/1972	5/31/1972, 37 FR 10841	Ref 52.200(a) & (b).
82-1937	Industrial Secrets Confidential—Revealing a Misdemeanor	11/25/1985	8/4/1986, 51 FR 27840	Ref 52.200(c)(23).
82-1938	Unlawful Acts	1/28/1972	5/31/1972, 37 FR 10841	Ref 52.200(a) & (b).
82-1939	Variance from Regulations	1/28/1972	5/31/1972, 37 FR 10841	Ref 52.200(a) & (b).
82-1940	Application of Water Pollution Provisions	1/28/1972	5/31/1972, 37 FR 10841	Ref 52.200(a) & (b).
82-1941	Political Subdivision Forbidden to Legislate on Air Pollution	1/28/1972	5/31/1972, 37 FR 10841	Ref 52.200(a) & (b).
82-1942	Radiation Control Law Not Amended or Repealed—No Authority to Commission Over Employer-Employee Relationships	1/28/1972	5/31/1972, 37 FR 10841	Ref 52.200(a) & (b).
82-1943	Private Rights Unchanged	1/28/1972	5/31/1972, 37 FR 10841	Ref 52.200(a) & (b).
Small Business Assistance Program Act (Act 251 of 1993)
Act 251	SBAP Act	2/26/1993	3/8/1995, 60 FR 12691	Ref 52.200(c)(31).

EPA-Approved Control Measures in the Arkansas SIP

Control measures	Applicable geographic or nonattainment area	State submittal/ effective date	EPA approval date	Explanation
Air Quality Surveillance	Statewide	4/24/1980	8/6/1981, 46 FR 40005	Ref 52.200(c)(6) & (20).
Lead SIP	Statewide	12/10/1979	4/16/1982, 47 FR 16328	Ref 52.200(c)(17).
Protection of Visibility in Mandatory Class I Federal Areas	Statewide	6/12/1985	2/10/1986, 51 FR 4910	Ref 52.200(c)(22).
Part II of the Visibility Protection Plan	Statewide	10/9/1987	7/21/1988, 53 FR 27514	Ref 52.200(c)(25).
Good Engineering Practice Stack Height Regulations	Statewide	6/1/1987	2/23/1989, 54 FR 7764	Ref 52.200(c)(26).
Small Business Stationary Source Technical and Environmental Compliance Assistance Program	Statewide	11/6/1992	3/8/1995, 60 FR 12691	Ref 52.200(c)(31).

EPA-Approved Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP

Name of SIP provision	Applicable geographic or nonattainment area	State submittal/ effective date	EPA approval date	Explanation
Emissions Inventory for Crittenden County	Crittenden County	6/22/2007	1/15/2009, 74 FR 2383
8-Hour Ozone Maintenance plan for the Crittenden County, Arkansas Area	Crittenden, Shelby County	2/26/2009	3/24/2010, 75 FR 14077
Interstate Transport for the 1997 ozone and PM2.5 NAAQS (Noninterference with measures required to protect visibility in any other State)	Statewide	3/28/2008	3/12/2012, 77 FR 14604	Noninterference with measures required to protect visibility in any other State partially approved 3/12/2012.
Regional Haze SIP	Statewide	9/23/2008, 8/3/2010	3/12/2012, 77 FR 14604	The following portions are partially approved and partially disapproved:
(a) Identification of affected Class I areas				(a) Identification of best available retrofit technology (BART) eligible sources and subject to BART sources;
(b) Determination of baseline and natural visibility conditions				(b) requirements for best available retrofit technology (BART);
(c) Determination of the Uniform Rate of Progress				(c) the Arkansas Regional Haze Rule; and
(d) Reasonable progress goal consultation and long term strategy consultation				(d) Long Term Strategy. (See § 52.173(a)).
(e) Coordination regional haze and reasonably attributable visibility impairment
(f) Monitoring Strategy and other implementation requirements
(g) Commitment to submit periodic Regional Haze SIP revisions and periodic progress reports describing progress towards the reasonable progress goals
(h) Commitment to make a determination of the adequacy of the existing SIP at the time a progress report is submitted
(i) Coordination with States and Federal Land Managers
(j) The following best available retrofit technology (BART) determinations: PM BART determination for the AEP Flint Creek Plant Boiler No. 1; SO2 and PM BART determinations for the natural gas firing scenario for the Entergy Lake Catherine Plant Unit 4; PM BART determinations for both the bituminous and sub-bituminous coal firing scenarios for the Entergy White Bluff Plant Units 1 and 2; and PM BART determination for the Domtar Ashdown Mill Power Boiler No. 1
Infrastructure for the 1997 Ozone NAAQS	Statewide	12/17/2007 3/28/2008	8/20/2012, 77 FR 50033	Approval for CAA elements 110(a)(2)(A), (B), (E), (F), (G), (H), (K), (L), and (M). Approval for CAA elements 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality), (D)(ii), and (J) for the 1997 ozone NAAQS, except as it relates to Greenhouse Gas (GHG) emissions. The GHG PSD deficiency was addressed on April 2, 2013 (78 FR 19596).
Infrastructure for the 1997 and 2006 PM2.5 NAAQS	Statewide	3/28/2008, 9/16/2009, 12/1/2014	3/4/2015, 80 FR 11573	Approval for CAA elements 110(a)(2)(A), (B), (E), (F), (G), (H), (K), (L), and (M) on 8/20/2012, 77 FR 50033. Approval for PSD elements (C), (D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality), D(ii) and (J) on March 4, 2015 (80 FR 11573)
Interstate transport for the 1997 ozone NAAQS (Noninterference with measures required to prevent significant deterioration of air quality in any other State)	Statewide	4/5/2011	8/20/2012, 77 FR 50033	Approved except as it relates to GHGs. The GHG PSD deficiency was addressed on April 2, 2013 (78 FR 19596).
Interstate transport for the 1997 and 2006 PM2.5 NAAQS (contribute to nonattainment or interfere with maintenance)	Statewide	12/17/2007 9/16/2009	8/29/2013, 78 FR 53269
Crittenden County Base Year Emission Inventory for the 2008 Ozone Standard	Crittenden County	8/28/2015	1/13/2016, 81 FR 1884
2008 8-hour ozone Redesignation Request, Maintenance Plan, and Clarification Letter for the Crittenden County portion of Memphis, TN-AR-MS Nonattainment Area	Crittenden County portion of Memphis, TN-AR-MS Nonattainment Area	12/10/2015	4/25/2016, 81 FR 24030
Arkansas Regional Haze NOX SIP Revision	Statewide	10/31/2017	2/12/2018, 83 FR 5927	Regional Haze SIP submittal addressing NOX BART requirements for Arkansas EGUs and reasonable progress requirements for NOX for the first implementation period.
Infrastructure for the 2006 PM2.5 NAAQS	Statewide	3/24/2017	2/14/2018, 83 FR 6470	Approval for 110(a)(2)(D)(ii).
Infrastructure for the 2008 Pb NAAQS	Statewide	3/24/2017	2/14/2018, 83 FR 6470	Approval for 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L) and (M).
Infrastructure for the 2008 O3 NAAQS	Statewide	3/24/2017	2/14/2018, 83 FR 6470	Approval for 110(a)(2)(A), (B), (C), (D)(i) (portions pertaining and PSD), (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
Infrastructure for the 2010 NO2 NAAQS	Statewide	3/24/2017	2/14/2018, 83 FR 6470	Approval for 110(a)(2)(A), (B), (C), (D)(i)(portion pertaining to nonattainment interference with maintenance and PSD), (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
Infrastructure for the 2010 SO2 NAAQS	Statewide	3/24/2017	2/14/2018, 83 FR 6470	Approval for 110(a)(2)(A), (B), (C), (D)(i) (portion pertaining to PSD), (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). Approval for 110(a)(2)(D)(i)(I) on 10/18/2019.
Infrastructure for the 2012 PM2.5 NAAQS	Statewide	3/24/2017	2/14/2018, 83 FR 6470	Approval for 110(a)(2)(A), (B), (C), (D)(i) (portion pertaining to PSD), (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). Approval for 110(a)(2)(D)(i)(I) (significant contribution to nonattainment or interfere with maintenance in any other state) on 9/20/2018, 83 FR 47569.
Arkansas Regional Haze Phase II SIP Revision	Statewide	8/8/2018	9/27/2019, 84 FR 51033	Regional Haze SIP revision addressing SO2 and PM BART requirements for Arkansas EGUs, NOX BART requirement for the White Bluff Auxiliary Boiler, reasonable progress requirements for SO2 and PM for the first implementation period, and the long-term strategy requirements. We are approving a portion of this SIP revision. There are two aspects of this SIP revision we are not taking action on at this time: (1) The interstate visibility transport requirements under section 110(a)(2)(D)(i)(II); and (2) the long-term strategy is approved with respect to sources other than the Domtar Ashdown Mill.
Arkansas SIP Review for the Five-Year Regional Haze Progress Report	Statewide	6/2/2015	10/1/2019, 84 FR 51986
Infrastructure for the 2015 O3 NAAQS	Statewide	9/27/2019	2/12/2021, 86 FR 9290	Approval for 110(a)(2)(A), (B), (C), (D)(i) (portion pertaining to PSD), (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
Arkansas Regional Haze Phase III SIP Revision	Statewide	8/13/2019	3/22/2021, 86 FR 15104	Approval of regional haze SIP revision pertaining to the Domtar Ashdown mill that addresses SO2, NOX, and PM10 BART alternative requirements under 40 CFR 51.308(e)(2); reasonable progress components under 40 CFR 51.308(d)(1); and long-term strategy components under 40 CFR 51.308(d)(3) for this facility.
Arkansas 2015 O3 NAAQS Interstate Transport SIP Revision	Statewide	10/4/2019	3/22/2021, 86 FR 15104	Approval of visibility transport portion of this interstate transport SIP revision that addresses CAA section 110(a)(2)(D)(i)(II) for the following NAAQS: 2006 24-hour PM2.5 NAAQS; the 2012 annual PM2.5 NAAQS; the 2008 and 2015 eight-hour O3 NAAQS; the 2010 one-hour NO2 NAAQS; and the 2010 one-hour SO2 NAAQS.
Arkansas Regional Haze SO2 and PM SIP Revision	Statewide	8/8/2018	3/22/2021, 86 FR 15104	Approval of visibility transport portion of this regional haze SIP revision, as supplemented by the Arkansas 2015 O3 NAAQS Interstate Transport SIP Revision.

[63 FR 56927, Oct. 23, 1998, as amended at 65 FR 61107, Oct. 16, 2000; 66 FR 51316, Oct. 9, 2001; 71 FR 13545, Mar. 16, 2006; 72 FR 18396, Apr. 12, 2007; 72 FR 54561, Sept. 26, 2007; 74 FR 2386, Jan. 15, 2009; 75 FR 14080, Mar. 24, 2010; 77 FR 14675, 14676, Mar. 12, 2012; 77 FR 50037, Aug. 20, 2012; 78 FR 19598, Apr. 2, 2013; 78 FR 53270, Aug. 29, 2013; 80 FR 11574, Mar. 4, 2015; 80 FR 24218, Apr. 30, 2015; 80 FR 38627, July 7, 2015; 81 FR 1887, Jan. 14, 2016; 81 FR 24032, Apr. 25, 2016; 82 FR 60520, Dec. 21, 2017; 83 FR 5939, Feb. 12, 2018; 83 FR 6472, Feb. 14, 2018; 83 FR 30570, June 29, 2018; 83 FR 38966, Aug. 8, 2018; 83 FR 47571, Sept. 20, 2018; 84 FR 44228, Aug. 23, 2019; 84 FR 44236, Aug. 23, 2019; 84 FR 51053, Sept. 27, 2019; 84 FR 51988, Oct. 1, 2019; 84 FR 55865, Oct. 18, 2019; 86 FR 9293, Feb. 12, 2021; 86 FR 15131, Mar. 22, 2021; 86 FR 20290, Apr. 19, 2021; 88 FR 72688, Oct. 23, 2023; 88 FR 90123, Dec. 29, 2023]

§ 52.171 - Classification of regions.

The Arkansas plan was evaluated on the basis of the following classifications:

Air quality control region	Pollutant
Air quality control region	Particulate matter	Sulfur oxides	Nitrogen dioxide	Carbon monoxide	Ozone
Central Arkansas Intrastate	II	III	III	III	III
Metropolitan Fort Smith Interstate	II	III	III	III	III
Metropolitan Memphis Interstate	I	III	III	III	I
Monroe (Louisiana)-El Dorado (Arkansas) Interstate	II	III	III	III	III
Northeast Arkansas Intrastate	III	III	III	III	III
Northwest Arkansas Intrastate	III	III	III	III	III
Shreveport-Texarkana-Tyler Interstate	II	III	III	III	III

[37 FR 10850, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 FR 6571, Jan. 29, 1980]

§ 52.172 - Approval status.

With the exceptions set forth in this subpart, the Administrator approves Arkansas's state implementation plan under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan satisfies all applicable requirements of Parts C and D, Title I, of the Clean Air Act as amended in 1990, except as noted below.

[81 FR 32241, May 23, 2016, as amended at 83 FR 38968, Aug. 8, 2018]

§ 52.173 - Visibility protection.

(a) Regional haze. The regional haze State Implementation Plan (SIP) revisions submitted on September 23, 2008 and August 3, 2010, and supplemented on September 27, 2011 are partially approved and partially disapproved.

(1) The identification of sources that are eligible for Best Available Retrofit Technology (BART) is approved, with the exception of the 6A Boiler at the Georgia-Pacific Crossett Mill, which is BART eligible.

(2) The identification of sources subject to BART is approved, with the exception of the 6A and 9A Boilers at the Georgia-Pacific Crossett Mill, which are both subject to BART.

(3) The following BART determinations are disapproved:

(i) The sulfur dioxide (SO2), nitrogen dioxide (NOX), and particulate matter (PM) BART determinations for the Arkansas Electric Cooperative Corporation Bailey Plant Unit 1 and the AECC McClellan Plant Unit 1;

(ii) The SO2 and NOX BART determinations for the American Electric Power Flint Creek Plant Boiler No. 1;

(iii) The NOX BART determination for the natural gas firing scenario and the SO2, NOX, and PM BART determinations for the fuel oil firing scenario for the Entergy Lake Catherine Plant Unit 4;

(iv) The SO2 and NOX BART determinations for both the bituminous and sub-bituminous coal firing scenarios for the Entergy White Bluff Plant Units 1 and 2;

(v) The BART determination for the Entergy White Bluff Plant Auxiliary Boiler;

(vi) The SO2 and NOX BART determinations for the Domtar Ashdown Mill Power Boiler No. 1; and

(vii) The SO2, NOX and PM BART determinations for the Domtar Ashdown Mill Power Boiler No. 2.

(4) The Arkansas Regional Haze Rule, (APCEC Regulation 19, Chapter 15), is partially approved and partially disapproved such that:

(i) The requirement under Reg. 19.104(B) for BART installation and operation as expeditiously as practicable, but no later than 5 years after EPA approval of the Arkansas Regional Haze State Implementation Plan is partially approved and partially disapproved, such that the partial approval is for the BART determinations we are approving and the partial disapproval is for the BART determinations we are disapproving;

(ii) The requirement under Reg. 19.1504(B) for BART installation and operation no later than 6 years after the effective date of the State regulation is disapproved;

(iii) Reg. 19.1505 (A)(1) and (2), (B), (C), (D)(1) and (2), (E), (F)(1) and (2), (G)(1) and (2), (H), (I)(1) and (2), (J)(1) and (2), (K), (L), (M)(1), and (N) are disapproved;

(iv) the Reg. 19.1506 requirement to demonstrate compliance with the BART limits listed in Reg. 19.1505 (A)(1) and (2), (B), (C), (D)(1) and (2), (E), (F)(1) and (2), (G)(1) and (2), (H), (I)(1) and (2), (J)(1) and (2), (K), (L), (M)(1), and (N) is disapproved; and

(v) The remaining portions are approved.

(5) The regional haze long term strategy under 40 CFR 51.308(d)(3) is partially approved and partially disapproved.

(6) The reasonable progress goals are disapproved.

(b) Interstate Transport. The portion of the SIP pertaining to adequate provisions to prohibit emissions from interfering with measures required in another state to protect visibility, submitted on March 28, 2008, and supplemented on September 27, 2011, is partially approved and partially disapproved.

(1) The Arkansas Regional Haze Rule, (APCEC Regulation 19, Chapter 15), is partially approved and partially disapproved such that:

(ii) The requirement under Reg. 19.1504(B) for BART installation and operation no later than 6 years after the effective date of the State regulation is disapproved;

(iii) Reg. 19.1505 (A)(1) and (2), (B), (C), (D)(1) and (2), (E), (F)(1) and (2), (G)(1) and (2), (H), (I)(1) and (2), (J)(1) and (2), (K), (L), (M)(1), and (N) are disapproved;

(iv) The Reg. 19.1506 requirement to demonstrate compliance with the BART limits listed in Reg. 19.1505 (A)(1) and (2), (B), (C), (D)(1) and (2), (E), (F)(1) and (2), (G)(1) and (2), (H), (I)(1) and (2), (J)(1) and (2), (K), (L), (M)(1), and (N) is disapproved; and

(v) The remaining portions are approved.

(2) [Reserved]

(d) Measures Addressing Partial Disapproval of Portion of Interstate Visibility Transport SIP for the 1997 8-hour ozone and PM2.5 NAAQS. The deficiencies identified in EPA's partial disapproval of the portion of the SIP pertaining to adequate provisions to prohibit emissions in Arkansas from interfering with measures required in another state to protect visibility, submitted on March 28, 2008, and supplemented on September 27, 2011 are satisfied by § 52.173.

(e) Measures addressing best available retrofit technology (BART) for electric generating unit (EGU) emissions of nitrogen oxides (NOX). The BART requirements for EGU NOX emissions are satisfied by § 52.184 and the Arkansas Regional Haze NOX SIP Revision approved February 12, 2018, 83 FR 5927.

(f) Other measures addressing reasonable progress. The reasonable progress requirements for NOX emissions are satisfied by the Arkansas Regional Haze NOX SIP Revision approved February 12, 2018.

(g) Regional Haze Phase II SIP Revision. A portion of the Regional Haze Phase II SIP Revision submitted on August 8, 2018, is approved as follows:

(1) Identification of the 6A Boiler at the Georgia-Pacific Crossett Mill as BART-eligible and the determination based on the additional information and technical analysis presented in the SIP revision that the Georgia-Pacific Crossett Mill 6A and 9A Boilers are not subject to BART.

(2) SO2 and PM BART for the AECC Bailey Plant Unit 1; SO2 and PM BART for the AECC McClellan Plant Unit 1; SO2 BART for the AEP/SWEPCO Flint Creek Plant Boiler No. 1; SO2 BART for Entergy White Bluff Units 1 and 2; SO2, NOX, and PM BART for the Entergy White Bluff Auxiliary Boiler; and the prohibition on burning of fuel oil at Entergy Lake Catherine Unit 4 until SO2 and PM BART determinations for the fuel oil firing scenario are approved into the SIP by EPA.

(3) The focused reasonable progress analysis and the reasonable progress determination that no additional SO2 and PM controls are necessary under the reasonable progress requirements for the first implementation period.

(4) The long-term strategy is approved with respect to sources other than the Domtar Ashdown Mill. This includes the BART emission limits contained in the SIP revision and the SO2 emission limit of 0.60 lb/MMBtu under the long-term strategy provisions for Independence Units 1 and 2 based on the use of low sulfur coal.

(5) Consultation and coordination in the development of the SIP revision with the FLMs and with other states with Class I areas affected by emissions from Arkansas sources.

(h) Arkansas Regional Haze Phase III SIP Revision. The Arkansas Regional Haze Phase III SIP Revision submitted on August 13, 2019, is approved as follows:

(1) The clear weight of evidence determination that the BART alternative for Power Boilers No. 1 and 2 satisfies all of the applicable regional haze provisions set forth in 40 CFR 51.308(e)(2)(i) to (iv) for the Domtar Ashdown Mill with respect to SO2, NOX, and PM10.

(2) The regional haze program-specific plantwide conditions 32 to 43 from section VI of Permit #0287-AOP-R22 are approved for Power Boilers No. 1 and 2 for the Domtar Ashdown Mill, which contain SO2, NOX, and PM10 emission limits and conditions for implementing the BART alternative.

(3) The approval of the withdrawal of the current PM10 BART determination of 0.07 lb/MMBtu for Power Boiler No. 1 in the 2008 Arkansas Regional Haze SIP and replacement with the PM10 BART alternative limit in the Arkansas Regional Haze Phase III SIP Revision.

(4) The reasonable progress components under 40 CFR 51.308(d)(1) pertaining to the Domtar Ashdown Mill are approved.

(5) The long-term strategy component pertaining to the Domtar Ashdown Mill that includes the emission limits and schedules of compliance component under 40 CFR 51.308(d)(3)(v)(3) is approved.

(6) Consultation and coordination in the development of the SIP revision with the FLMs and with other states with Class I areas affected by emissions from Arkansas sources, as required under 40 CFR 51.308(i)(2) and 40 CFR 51.308(d)(3)(i), is approved.

(i) Portions of the Arkansas 2015 O3 NAAQS Interstate Transport SIP Revision and Arkansas Regional Haze SO2 and PM SIP Revision addressing Visibility Transport. The portion of the Arkansas 2015 O3 NAAQS Interstate Transport SIP revision addressing the visibility transport requirements of CAA section 110(a)(2)(D)(i)(II) for Arkansas for the 2006 24-hour PM2.5 NAAQS; the 2012 annual PM2.5 NAAQS; the 2008 and 2015 eight-hour O3 NAAQS; the 2010 one-hour NO2 NAAQS; and the 2010 one-hour SO2 NAAQS are approved. The visibility transport portion of the Arkansas Regional Haze SO2 and PM SIP revision, as supplemented by the Arkansas 2015 O3 NAAQS Interstate Transport SIP revision, is also approved.

(j) Revisions to the Arkansas Pollution Control and Ecology Commission's (APC&EC) Rule No. 19, Chapter 15. Revisions to APC&EC Rule No. 19, Chapter 15, submitted on June 22, 2022, are approved.

[77 FR 14676, Mar. 12, 2012, as amended at 81 FR 66415, Sept. 27, 2016; 82 FR 18995, Apr. 25, 2017; 83 FR 5917, 5940, Feb. 12, 2018; 84 FR 44228, Aug. 23, 2019; 84 FR 51054, 51059, Sept. 27, 2019; 86 FR 15104, 15132, Mar. 22, 2021; 88 FR 90125, Dec. 29, 2023]

§ 52.174 - Control strategy and regulations: Ozone.

(a) The EPA has determined that the Crittenden County Marginal 2008 ozone NAAQS nonattainment area attained the NAAQS by the applicable attainment date of July 20, 2015.

(b) The portion of the SIP submittal from October 10, 2019, addressing Clean Air Act section 110(a)(2)(D)(i)(I) for the 2015 ozone national ambient air quality standards (NAAQS) is disapproved.

[81 FR 26708, May 4, 2016, as amended at 88 FR 9381, Feb. 13, 2023]

§§ 52.175-52.180 - §[Reserved]

§ 52.181 - Significant deterioration of air quality.

(a) The plan submitted by the Governor of Arkansas as follows:

(1) April 23, 1981—submittal of the PSD Supplement Arkansas Plan of Implementation for Pollution Control (the “PSD Supplement”) submitted April 23, 1981 (as adopted by the Arkansas Commission on Pollution Control and Ecology (ACPCE) on April 10, 1981);

(2) June 3, 1988—submittal of revisions to the PSD Supplement (revised and adopted by the ACPCE on March 25, 1988);

(3) June 19, 1990—submittal of revisions to the PSD Supplement (revised and adopted by the ACPCE on May 25, 1990), and;

(4) March 5, 1999—submittal of Regulation 19, Chapter 9, Prevention of Significant Deterioration which recodified Arkansas' PSD regulations (as adopted by the Arkansas Pollution Control and Ecology Commission on January 22, 1999)

(5) November 6, 2012—submittal of Regulation 19, Chapter 9, Prevention of Significant Deterioration which provided the authority to regulate greenhouse gas emissions in the Arkansas PSD program.

(6) January 7, 2014—submittal of Regulation 19, Chapter 9, Prevention of Significant Deterioration which updated the Arkansas PSD program to provide for the issuance of greenhouse gas plantwide applicability limit permits.

(7) December 1, 2014—submittal of Regulation 19, Chapter 9, Prevention of Significant Deterioration which provided the authority to regulate and permit emissions of PM2.5 and its precursors.

(b) The requirements of sections 160 through 165 of the Clean Air Act are not met for federally designated Indian lands. Therefore, the provisions of § 52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable implementation plan and are applicable to sources located on land under the control of Indian governing bodies.

[56 FR 20139, May 2, 1991, as amended at 63 FR 17683, Apr. 10, 1998; 63 FR 32981, June 17, 1998; 65 FR 61108, Oct. 16, 2000; 68 FR 11322, Mar. 10, 2003; 68 FR 74488, Dec. 24, 2003; 80 FR 11577, Mar. 4, 2015; 80 FR 38628, July 7, 2015]

§ 52.183 - Small business assistance program.

The Governor of Arkansas submitted on November 6, 1992, a plan revision to develop and implement a Small Business Stationary Source Technical and Environmental Compliance Assistance Program (PROGRAM) to meet the requirements of section 507 of the Clean Air Act by November 15, 1994. The plan commits to provide technical and compliance assistance to small businesses, hire an Ombudsman to serve as an independent advocate for small businesses, and establish a Compliance Advisory Panel to advise the program and report to the EPA on the program's effectiveness. On April 23, 1993, the Governor submitted Act 251 of 1993 which establishes the Compliance Advisory Panel for the PROGRAM.

[60 FR 12695, Mar. 8, 1995]

§ 52.184 - Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?

(a)(1) The owner and operator of each source and each unit located in the State of Arkansas and for which requirements are set forth under the CSAPR NOX Ozone Season Group 1 Trading Program in subpart BBBBB of part 97 of this chapter must comply with such requirements with regard to emissions occurring in 2015 and 2016.

(2) The owner and operator of each source and each unit located in the State of Arkansas and for which requirements are set forth under the CSAPR NOX Ozone Season Group 2 Trading Program in subpart EEEEE of part 97 of this chapter must comply with such requirements with regard to emissions occurring in 2017 through 2022.

(3) The owner and operator of each source and each unit located in the State of Arkansas and for which requirements are set forth under the CSAPR NOX Ozone Season Group 3 Trading Program in subpart GGGGG of part 97 of this chapter must comply with such requirements with regard to emissions occurring in 2023 and each subsequent year. The obligation to comply with such requirements will be eliminated by the promulgation of an approval by the Administrator of a revision to Arkansas' State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan (FIP) under § 52.38(b)(1) and (b)(2)(iii), except to the extent the Administrator's approval is partial or conditional.

(4) Notwithstanding the provisions of paragraph (a)(3) of this section, if, at the time of the approval of Arkansas' SIP revision described in paragraph (a)(3) of this section, the Administrator has already started recording any allocations of CSAPR NOX Ozone Season Group 3 allowances under subpart GGGGG of part 97 of this chapter to units in the State for a control period in any year, the provisions of subpart GGGGG of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of CSAPR NOX Ozone Season Group 3 allowances to such units for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.

(5) Notwithstanding the provisions of paragraph (a)(2) of this section, after 2022 the provisions of § 97.826(c) of this chapter (concerning the transfer of CSAPR NOX Ozone Season Group 2 allowances between certain accounts under common control), the provisions of § 97.826(e) of this chapter (concerning the conversion of amounts of unused CSAPR NOX Ozone Season Group 2 allowances allocated for control periods before 2023 to different amounts of CSAPR NOX Ozone Season Group 3 allowances), and the provisions of § 97.811(e) of this chapter (concerning the recall of CSAPR NOX Ozone Season Group 2 allowances equivalent in quantity and usability to all such allowances allocated to units in the State for control periods after 2022) shall continue to apply.

(6) Notwithstanding any other provision of this part, the effectiveness of paragraph (a)(3) of this section is stayed with regard to emissions occurring in 2023 and thereafter, provided that while such stay remains in effect, the provisions of paragraph (a)(2) of this section shall apply with regard to such emissions.

(b)(1) The owner and operator of each source located in the State of Arkansas and for which requirements are set forth in § 52.40 and § 52.41, § 52.42, § 52.43, § 52.44, § 52.45, or § 52.46 must comply with such requirements with regard to emissions occurring in 2026 and each subsequent year.

(2) Notwithstanding any other provision of this part, the effectiveness of paragraph (b)(1) of this section is stayed.

[81 FR 74594, Oct. 26, 2016, as amended at 83 FR 65924, Dec. 21, 2018; 88 FR 36889, June 5, 2023; 88 FR 49303, July 31, 2023]

§ 52.200 - Original identification of plan section.

(a) This section identifies the original “Arkansas Plan for Implementation for Air Pollution Control” and all revisions submitted by Arkansas that were federally approved prior to July 1, 1998.

(b) The plan was officially submitted on January 28, 1972.

(1) A certification that the public hearings on the plan were held was submitted by the State Department of Pollution Control and Ecology on January 25, 1972. (Non-regulatory)

(2) State Department of Pollution Control and Ecology letter outlining projected emission reductions, ASA forecasts, source surveillance, legal authority and interstate cooperation was submitted on February 24, 1972. (Non-regulatory)

(3) Revision of section 16 of the State air code was submitted by the Department of Pollution Control and Ecology on July 7, 1972.

(4) June 27, 1975, letter from the Governor submitting sections 1 through 10 of the Regulations and Strategy of the Arkansas Plan of Implementation for Air Pollution Control except those portions relating to delegation of authority to enforce Federal requirements.

(5) August 16, 1976, statement issued by Director of the Arkansas Department of Pollution Control and Ecology specifying the test and reference methods for determining compliance with emission limitations.

(6) Administrative changes to the Arkansas Air Quality Surveillance Network were submitted by the Arkansas Department of Pollution Control and Ecology on February 15, 1977, January 10, 1978, and March 27, 1978. (Non-regulatory.)

(7) On April 4, 1979, the Governor submitted the nonattainment area plan for the area designated nonattainment as of March 3, 1978.

(8) On August 14, 1979, the Governor submitted supplemental information clarifying the plan.

(9) Revisions to Arkansas Regulation 4.5(a) for the “Control of Volatile Organic Compounds” showing a final compliance date of June 1, 1981, was submitted by the Arkansas Governor on December 10, 1979.

(10) A modification to the definition for lowest achievable emission rate (LAER), consistent with the definition contained in section 171(3) of the Act, was submitted by the Arkansas Governor on December 10, 1979.

(11) On July 11, 1979, the Governor submitted revisions to section 6(a) malfunction or upset and section 7(e) continuous emission monitoring of the Arkansas Regulations.

(12) Revisions to section 3 (i.e., 3.(a), (b), (k), (l), (n), (o), (z), (bb), (dd), (ee), (ff), and (gg)), section 4 (i.e., 4.1(b), 4.2(a), 4.5(a)(1), 4.5(a)(2), 4.6(c), and 4.6(d)), and section 5 (i.e., 5.4 and 5.5) were adopted by the Arkansas Commission on Pollution Control and Ecology on September 26, 1980 and submitted by the Governor on October 10, 1980.

(13) Revisions to section 3 (i.e., 3.(ii) through 3.(nn)), section 4 (i.e., 4.1, 4.5(a)(1), 4.5(a)(2), and 4.6(e)), and section 5 (i.e., 5.6) of the Arkansas Regulations for the Control of Volatile Organic Compounds were adopted by the Arkansas Commission on Pollution Control and Ecology on April 10, 1981 and submitted by the Governor on April 23, 1981.

(14) A variance to Regulation 8 for Weyerhaeuser Gypsum Plant in Nashville, Arkansas was submitted by the Governor on June 29, 1981.

(15) On April 23, 1981, the Governor submitted revisions to the plan to incorporate Federal Prevention of Significant Deterioration (PSD) Regulations 40 CFR 52.21 by reference.

(16) On September 11, 1981, the Governor submitted a revision to section 8 of the Regulations of the Arkansas Plan of Implementation for Air Pollution Control which implements an emission limit for Energy Systems Company of El Dorado, Arkansas.

(17) The Arkansas State Implementation Plan for lead was submitted to EPA on December 10, 1979, by the Governor of Arkansas as adopted by the Arkansas Department of Pollution Control and Ecology on November 16, 1979. A letter of clarification dated January 5, 1982, also was submitted.

(18) Revisions to the plan for intergovernmental consultation, interstate pollution abatement, and composition of the Arkansas Commission on Pollution Control and Ecology were submitted to EPA by the Arkansas Department of Pollution Control and Ecology on January 9, 1980.

(19) Revision to the plan for maintenance of employee pay was submitted to EPA by the Arkansas Department of Pollution Control and Ecology on January 9, 1980.

(20) On April 24, 1980, the Governor submitted final revisions to the ambient monitoring portion of the plan.

(21) On December 10, 1979, the Governor submitted a revision to Section 5.1(a) of the Regulation of the Arkansas Plan of Implementation for Air Pollution Control, which controls VOC emissions. This revision was adopted by the Arkansas Commission on Pollution Control and Ecology on November 16, 1979.

(22) On July 12, 1985, the Governor submitted a revision entitled, “Protection of Visibility in Mandatory Class I Federal Areas, May 6, 1985.” This submittal included new source review regulations and visibility monitoring strategy as adopted by the Arkansas Commission on Pollution Control and Ecology on May 24, 1985.

(i) Incorporation by reference. (A) New source review regulations include amendments to rules and regulations of the Arkansas Department of Pollution Control and Ecology entitled, “Prevention of Significant Deterioration Supplement to the Arkansas Plan of Implementation for Air Pollution Control,” Sections 1 through 6, adopted on May 24, 1985.

(B) Arkansas Department of Pollution Control and Ecology Minute Order No. 85-12, adopted May 24, 1985.

(ii) Additional material. (A) Narrative submittal, including introduction, and visibility monitoring strategy.

(23) A revision to the Arkansas Plan of Implementation of Air Pollution Control was submitted by the Governor on November 25, 1985.

(i) Incorporation by reference. (A) Act 763 of 1985 (public availability of emission data) approved April 3, 1985. Act 763 of 1985 amends section 82-1937 (Industrial secrets confidential—Revealing a misdemeanor) of the Arkansas Water and Air Pollution Control Act.

(24) A revision to the Arkansas Plan of Implementation for Air Pollution Control was submitted by the Governor on December 16, 1985.

(i) Incorporation by reference. (A) Act 817 of 1983 (permit fees) adopted March 25, 1983. Act 817 of 1983 added sections 82-1916 thru 82-1921 to the Arkansas Statutes. (B) Arkansas Department of Pollution Control and Ecology Regulation No. 9 (Regulations for Development and Implementation of a Permit Fee System for Environmental Permits) adopted by the Arkansas Commission on Pollution Control and Ecology on November 16, 1984. Only those portions of Regulation No. 9 related to air permits are incorporated.

(25) Part II of the Visibility Protection Plan was submitted by the Governor on October 9, 1987.

(i) Incorporation by reference. (A) Revision entitled “Arkansas Plan of Implementation for Air Pollution Control—Revision: Protection of Visibility in Mandatory Class I Federal Areas: Part II—Long-Term Strategy, September 29, 1987”. This submittal includes a visibility long-term strategy and general plan provisions as adopted by the Arkansas Commission on Pollution Control and Ecology on September 25, 1987.

(B) Arkansas Department of Pollution Control and Ecology, Minute Order No. 87-24, adopted September 25, 1987.

(ii) Additional material. (A) None.

(26) A revision to the Arkansas Plan of Implementation for Air Pollution Control, as adopted by the Arkansas Commission on Pollution Control and Ecology on May 22, 1987, was submitted by the Governor of Arkansas on July 1, 1987. This revision adds the definitions and dispersion technique regulations required to implement the Federal stack height regulations.

(i) Incorporation by reference. (A) Sections 3(r), 3(s), 3(t), 3(u), 3(v), 3(w), 3(x), 3(y), 5(f), and 5(g) of the Arkansas Plan of Implementation for Air Pollution Control as adopted by the Arkansas Commission on Pollution Control and Ecology on May 22, 1987.

(ii) Additional material. None.

(27) Revisions to the Arkansas State Implementation Plan for (1) the National Ambient Air Quality Standards and particulate matter definitions (subsections (z) through (ff) of “Section 3. Definitions”). (2) Prevention of Significant Deterioration of Air Quality and its Supplement, and (3) subsection f(ix) of “Section 4. Permits”, as adopted on March 25, 1988, by the Arkansas Commission on Pollution Control and Ecology, were submitted by the Governor on June 3, 1988.

(i) Incorporation by reference. (A) Regulations of the Arkansas Plan of Implementation for Air Pollution Control “Section 3. Definitions”, subsections (z) through (ff), as promulgated on March 25, 1988.

(B) Prevention of Significant Deterioration Supplement Arkansas Plan of Implementation For Air Pollution Control, as amended on March 25, 1988.

(C) Regulations of the Arkansas Plan for Implementation for Air Pollution Control “Section 4. Permits”, subsection f(ix), as promulgated on March 25, 1988.

(ii) Other material. None.

(28) Revisions to the Arkansas State Implementation Plan for Prevention of Significant Deterioration (PSD) of Air Quality Supplement Arkansas Plan of Implementation for Air Pollution Control (PSD nitrogen dioxide increments), as adopted on May 25, 1990, by the Arkansas Commission on Pollution Control and Ecology, were submitted by the Governor on June 19, 1990.

(i) Incorporation by reference. (A) Prevention of Significant Deterioration Supplement Arkansas Plan of Implementation For Air Pollution Control as amended on May 25, 1990.

(ii) Additional material. None.

(29)-(30) [Reserved]

(31) The State is required to implement a Small Business Stationary Source Technical and Environmental Compliance Assistance Program (PROGRAM) as specified in the plan revision submitted by the Governor on November 6, 1992. This plan submittal, as adopted by the Arkansas Commission on Pollution Control and Ecology on November 5, 1992, was developed in accordance with section 507 of the Clean Air Act. On April 23, 1993, the Governor submitted Act 251 of 1993 which establishes the Compliance Advisory Panel (CAP) for the PROGRAM.

(i) Incorporation by reference. (A) Act 251 of 1993 approved by the Governor on February 26, 1993. Included in this Act are provisions creating a CAP, establishing membership of the CAP, and addressing the responsibilities and duties of the CAP.

(B) Arkansas Department of Pollution Control and Ecology, Minute Order No. 92-81, adopted November 5, 1992.

(ii) Additional material. (A) Revision entitled, “Arkansas Small Business Stationary Source Technical and Environmental Compliance Assistance Program SIP Revision”, adopted November 5, 1992.

(B) Legal opinion letter dated November 5, 1992, from Steve Weaver, Chief Counsel, Arkansas Department of Pollution Control and Ecology, regarding legality of Commission teleconference meeting.

[37 FR 10850, May 31, 1972. Redesignated at 63 FR 56827, Oct. 23, 1998] Editorial Note:For Federal Register citations affecting § 52.200, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

authority: 42 U.S.C. 7401

cite as: 40 CFR 52.200