FA446022R0007_RULE 19 RULES OF THE ARKANSAS PLAN OF IMPLEMENTATION FOR AIR POLLUTION CONTROL.pdf

Pollution Control and Ecology Commission # 014.00-019

ARKANSAS POLLUTION CONTROL

and ECOLOGY COMMISSION

RULE 19

RULES OF THE ARKANSAS PLAN OF

IMPLEMENTATION FOR AIR POLLUTION

CONTROL

Approved by the Arkansas Pollution Control and Ecology Commission January 28, 2022 i

TABLE OF CONTENTS

CHAPTER 1: TITLE, INTENT, AND PURPOSE ................................................................... 1-1

Rule 19.101 Title ......................................................................................................... 1-1

Rule 19.102 Applicability ........................................................................................... 1-1

Rule 19.103 Intent and Construction ........................................................................... 1-1

Rule 19.104 Severability ............................................................................................. 1-2

Rule 19.105 Incorporation by Reference .................................................................... 1-2

CHAPTER 2: DEFINITIONS ................................................................................................... 2-1

CHAPTER 3: PROTECTION OF THE NATIONAL AMBIENT AIR QUALITY

STANDARDS.............................................................................................................................. 3-1

Rule 19.301 Purpose ................................................................................................... 3-1

Rule 19.302 Division Responsibilities ........................................................................ 3-1

Rule 19.303 Regulated Sources Responsibilities ........................................................ 3-1

Rule 19.304 Delegated Federal Programs ................................................................... 3-2

CHAPTER 4: MINOR SOURCE REVIEW.............................................................................. 4-1

Rule 19.401 General Applicability .............................................................................. 4-1

Rule 19.402 Approval Criteria .................................................................................... 4-1

Rule 19.403 Owner/Operator's Responsibilities ......................................................... 4-1

Rule 19.404 Required Information .............................................................................. 4-1

Rule 19.405 Action on Application ............................................................................. 4-2

Rule 19.406 Public Participation ................................................................................. 4-4

Rule 19.407 Permit Amendments ............................................................................... 4-5

Rule 19.408 Exemption from Permitting .................................................................. 4-10

Rule 19.409 [RESERVED] ....................................................................................... 4-10

Rule 19.410 Permit Revocation and Cancellation .................................................... 4-10

Rule 19.411 General Permits .................................................................................... 4-11

Rule 19.412 Dispersion Modeling ............................................................................ 4-12

Rule 19.413 Confidentiality ...................................................................................... 4-12 ii

Rule 19.414 Operational Flexibility-Applicant's Duty to Apply for Alternative

Scenarios .............................................................................................. 4-14

Rule 19.415 Changes Resulting in No Emissions Increases ..................................... 4-14

Rule 19.416 Permit Flexibility .................................................................................. 4-15

Rule 19.417 Registration ........................................................................................... 4-16

CHAPTER 5: GENERAL EMISSIONS LIMITATIONS APPLICABLE TO EQUIPMENT . 5-1

Rule 19.501 Purpose ................................................................................................... 5-1

Rule 19.502 General Rules .......................................................................................... 5-1

Rule 19.503 Visible Emission Rules ........................................................................... 5-1

Rule 19.504 Stack Height/Dispersion Rules ............................................................... 5-2

Rule 19.505 Revised Emissions Limitation ................................................................ 5-2

CHAPTER 6: UPSET AND EMERGENCY CONDITIONS ................................................... 6-1

Rule 19.601 Upset Conditions .................................................................................... 6-1

Rule 19.602 Emergency Conditions ............................................................................ 6-1

CHAPTER 7: SAMPLING, MONITORING, AND REPORTING REQUIREMENTS .......... 7-1

Rule 19.701 Purpose ................................................................................................... 7-1

Rule 19.702 Air Emissions Sampling ......................................................................... 7-1

Rule 19.703 Continuous Emissions Monitoring ......................................................... 7-2

Rule 19.704 Notice of Completion ............................................................................. 7-3

Rule 19.705 Record Keeping and Reporting Requirements ....................................... 7-3

Rule 19.706 Public Availability of Emissions Data .................................................... 7-4

CHAPTER 8: 111(d) DESIGNATED FACILITIES ................................................................. 8-1

Rule 19.801 Purpose ................................................................................................... 8-1

Rule 19.802 Permit Emissions Limitations ................................................................. 8-1

Rule 19.803 [RESERVED] ......................................................................................... 8-1

Rule 19.804 Kraft Pulp Mills ...................................................................................... 8-1

CHAPTER 9: PREVENTION OF SIGNIFICANT DETERIORATION .................................. 9-1

Rule 19.901 Title ......................................................................................................... 9-1

Rule 19.902 Purposes .................................................................................................. 9-1

Rule 19.903 Definitions .............................................................................................. 9-1 iii

Rule 19.904 Adoption of Rules ................................................................................... 9-3

CHAPTER 10: RULES FOR THE CONTROL OF VOLATILE ORGANIC COMPOUNDS IN

PULASKI COUNTY ................................................................................................................. 10-1

Rule 19.1001 Title ....................................................................................................... 10-1

Rule 19.1002 Purpose ................................................................................................. 10-1

Rule 19.1003 Definitions ............................................................................................ 10-1

Rule 19.1004 [RESERVED] ....................................................................................... 10-1

Rule 19.1005 Provisions for Specific Processes ......................................................... 10-1

Rule 19.1006 [RESERVED] ....................................................................................... 10-2

CHAPTER 11: MAJOR SOURCE PERMITTING PROCEDURES ....................................... 11-1

CHAPTER 12: [RESERVED] .................................................................................................. 12-1

CHAPTER 13: STAGE I VAPOR RECOVERY ..................................................................... 13-1

Rule 19.1301 Purpose ................................................................................................. 13-1

Rule 19.1302 Applicability ......................................................................................... 13-1

Rule 19.1303 Definitions ............................................................................................ 13-1

Rule 19.1304 Exemptions ........................................................................................... 13-3

Rule 19.1305 Prohibited Activities ............................................................................. 13-4

Rule 19.1306 Record Keeping .................................................................................... 13-4

Rule 19.1307 Inspections ............................................................................................ 13-5

Rule 19.1308 Vapor Recovery Systems ...................................................................... 13-5

Rule 19.1309 Gasoline Delivery Vessels .................................................................... 13-6

Rule 19.1310 Owner/Operator Responsibility ............................................................ 13-6

Rule 19.1311 Test Methods ........................................................................................ 13-6

Rule 19.1312 Effective Date ....................................................................................... 13-7

CHAPTER 14: [RESERVED] .................................................................................................. 14-1

CHAPTER 15: Best Available Retrofit Technology ................................................................ 15-1

Rule 19.1501 Purpose ................................................................................................. 15-1

Rule 19.1502 Definitions ............................................................................................ 15-1

Rule 19.1503 [RESERVED] ....................................................................................... 15-1

Rule 19.1504 [RESERVED] ....................................................................................... 15-1 iv

Rule 19.1505 Best Available Retrofit Technology Requirements .............................. 15-1

Rule 19.1506 Compliance Provisions ......................................................................... 15-2

Rule 19.1507 [RESERVED] ....................................................................................... 15-2

CHAPTER 16: [RESERVED] .................................................................................................. 16-1

Rule 19.1601 [RESERVED] ....................................................................................... 16-1

CHAPTER 17: 111(d) REQUIREMENTS FOR LANDFILLS ............................................... 17-1

Rule 19.1701 Purpose ................................................................................................. 17-1

Rule 19.1702 Definitions ............................................................................................ 17-1

Rule 19.1703 Applicability ......................................................................................... 17-1

Rule 19.1704 Requirement to Obtain a Permit ........................................................... 17-1

Rule 19.1705 Exemption from Reporting Requirements for Closed Landfills ........... 17-2

Rule 19.1706 Design Capacity Reports ...................................................................... 17-2

Rule 19.1707 NMOC Emission Rate Reports ............................................................. 17-3

Rule 19.1708 Standards of Performance ..................................................................... 17-4

Rule 19.1709 Compliance Schedule and Increments of Progress for Gas Collection and

Control Systems ................................................................................... 17-5

Rule 19.1710 Collection and Control System Design Plan ........................................ 17-6

Rule 19.1711 Operating, Compliance, and Monitoring Requirements for Gas Collection and Control Systems ............................................................................. 17-7

Rule 19.1712 Performance Testing Reports ............................................................... 17-7

Rule 19.1713 Closure and Equipment Removal Reports ............................................ 17-7

Rule 19.1714 Liquids Addition Reports ..................................................................... 17-8

Rule 19.1715 Recordkeeping Requirements ............................................................... 17-8

Rule 19.1716 Electronic Reporting of Certain Reports .............................................. 17-8

Rule 19.1717 Test Methods and Procedures ............................................................... 17-8

Rule 19.1718 Corrective Actions ................................................................................ 17-8

CHAPTER 18: EFFECTIVE DATE ........................................................................................ 18-1

Rule 19.1801 Effective Date ....................................................................................... 18-1

APPENDIX A: INSIGNIFICANT ACTIVITIES LIST ............................................................ A-1

APPENDIX B: NATIONAL AMBIENT AIR QUALITY STANDARDS LIST ..................... B-1 v

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CHAPTER 1: TITLE, INTENT, AND PURPOSE

Rule 19.101 Title

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.) § 8-4-201 et seq., shall be known as “Rules of the Arkansas Plan of Implementation of Air Pollution Control,” hereinafter referred to as “Rule 19.”

Rule 19.102 Applicability

These rules are applicable to any stationary source that has the potential to emit any federally regulated air pollutant.

Rule 19.103 Intent and Construction

(A) The purpose and intent of Rule 19, as amended, is to provide a clear delineation of those rules that are promulgated by the Commission in satisfaction of certain requirements of the Clean Air Act, and the federal regulations stemming therefrom. Federal programs that the Division is responsible for administering include, but are not limited to, the attainment and maintenance of the national ambient air quality standards (40 C.F.R. Part 50), 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), minor new source review as described in Chapter 4 (40 C.F.R. Part 51), and certain delegated subparts of the national emission standards for hazardous air pollutants (40 C.F.R. Parts 61 and 63). This subsection shall not be construed as limiting the future delegation of federal programs to the Division for administration.

(B) Rule 19, as amended, is further intended to limit the federal enforceability of its requirements to only those mandated by federal law. Rule 19, as amended, is also intended to facilitate a permit system for stationary sources within the State, which permit shall provide which provisions are federally enforceable and which provisions are state enforceable.

(C) Rule 19, as amended, presumes a single-permit system, encompassing both federal and state requirements. A regulated facility that is subject to permitting under Rule 19 shall be required to apply for and comply with only one permit, even though that permit may contain conditions derived from the federal mandates contained in Rule 19, as well as conditions predicated solely on state law. Rule 19, through construction or implication, shall not support the conclusion that all conditions of a permit have become federally enforceable because the permit contains provisions derived from Rule 19. Permits or

1-2 permit conditions issued under the authority of state law, or enforcement issues arising out of state law, shall not be federally enforceable.

(D) To the extent consistent with state law and efficient protection of the State’s air quality, Rule 19 shall be construed in a manner that promotes a streamlined permitting process, mitigation of regulatory costs, and flexibility in maintaining compliance with federal mandates. Any applicable documents (e.g. “White Papers,” regulatory preambles, or interpretive memoranda) issued by the EPA that are consistent with this policy and the legislative intent of state laws governing air pollution control (Ark. Code Ann. § 8-4-301 et seq.) are aids for construing the requirements of Rule 19. Any procedure applicable to major sources that promotes operational flexibility are presumed to be authorized by this rule unless manifestly inconsistent with its substantive terms.

(E) Nothing in Rule 19 shall be construed as curtailing the Division’s or Commission’s authority under state law.

Rule 19.104 Severability

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.

Rule 19.105 Incorporation by Reference

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.

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CHAPTER 2: DEFINITIONS

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.

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“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:

(A) Nitrogen oxides or any volatile organic compounds;

(B) Any pollutant for which a national ambient air quality standard has been promulgated;

(C) Except as provided in paragraph (E) of this definition, any pollutant that is subject to any standard promulgated under the Clean Air Act, as of the effective date of this rule;

(D) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Clean Air Act, as of the effective date of Rule 19.

(E) Greenhouse gases, except that greenhouse gases shall not be a federally regulated air pollutant unless the greenhouse gas emissions are:

(1) from a stationary source emitting or having the potential to emit seventy-five thousand (75,000) tons per year or more of CO2 equivalent emissions; and

(2) regulated under Chapter 9 of Rule 19.

“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.

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“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:

(A) Routine maintenance, repair, and replacement shall not be considered a physical change, and

(B) The following shall not be considered a change in the method of operation:

(1) Any change in the production rate, if such change does not exceed the permitted operating capacity of the source;

(2) Any change in the hours of operation, as long as it does not violate applicable air permit conditions; or

(3) The use of an alternate fuel or raw material, as long as it does not violate applicable air permit conditions.

(C) De Minimis changes, as defined in Rule 19.407(C), and changes in ownership shall not be considered.

“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.

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“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.

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“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:

(A) For a corporation: a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative or such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:

(1) The facilities employ more than two hundred fifty (250) persons or have gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000 in second quarter 1980 United States dollars); or

(2) The delegation of authority to such representative is approved in advance by the Division;

(B) For partnership or sole proprietorship: a general partner or the proprietor, respectively;

(C) For a municipality, State, Federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this rule, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or

(D) For acid rain sources:

(1) The designated representative insofar as actions, standards, requirements, or prohibitions under Title IV of the Clean Air Act or the regulations promulgated thereunder are concerned; and

(2) The designated representative for any other purposes under Part 70.

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“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.

(A) This includes any organic compound other than the following, which have been determined to have negligible photochemical reactivity:

2-7 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);

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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:

(1) Cyclic, branched, or linear, completely fluorinated alkanes;

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(2) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;

(3) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and

(4) Sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

(B) For purposes of determining compliance with emission limits, volatile organic compounds are measured by the test methods in the approved state implementation plan or 40 C.F.R. Part 60, Appendix A, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligibly-reactive compounds may be excluded as volatile organic compounds if the amount of such compounds is accurately quantified, and such exclusion is approved by the Division.

(C) As a precondition to excluding these compounds as volatile organic compounds or at any time thereafter, the Division may require an owner or operator of a stationary source to provide monitoring or testing methods and results demonstrating, to the satisfaction of the Division, the amount of negligibly-reactive compounds in the emissions from the stationary source.

(D) [RESERVED]

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CHAPTER 3: PROTECTION OF THE NATIONAL AMBIENT AIR

QUALITY STANDARDS

Rule 19.301 Purpose

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.

Rule 19.302 Division Responsibilities

The Division shall be responsible for taking the following precautions to prevent the national ambient air quality standards from being exceeded:

(A) Ambient air monitoring in any area that can reasonably be expected to be in excess of the national ambient air quality standards.

(B) Computer modeling of regulated air pollutant emissions for any area that can reasonably be expected to be in excess of the national ambient air quality standards, and review of the ambient air impacts of any new or modified source of federally regulated air emission that is the subject of the requirements of this Plan. All computer modeling shall be performed using EPA-approved models, and using averaging times commensurate with averaging times stated in the national ambient air quality standards.

Rule 19.303 Regulated Sources Responsibilities

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:

(A) When required by law or this rule, obtaining a permit from the Division prior to construction of a new source of federally regulated air pollutant emissions or prior to the modification of an existing source of air emissions.

(B) Operating equipment in such a manner as to meet any applicable permit requirement or any applicable rules.

(C) Repairing malfunctioning equipment and pollution control equipment as quickly as possible. If the malfunctioning equipment is causing, or contributing to, a violation of the national ambient air quality standards, as determined by computer modeling, the source is

3-2 responsible for ceasing operations of the affected equipment until such time that it is repaired.

Rule 19.304 Delegated Federal Programs

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.)

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CHAPTER 4: MINOR SOURCE REVIEW

Rule 19.401 General Applicability

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.

Rule 19.402 Approval Criteria

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.

Rule 19.403 Owner/Operator's Responsibilities

Issuance of a permit by the Division does not affect the responsibility of the owner/operator to comply with applicable portions of this rule.

Rule 19.404 Required Information

(A) General

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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:

(1) information on the nature and amounts of federally regulated air pollutants to be emitted by the stationary source; and

(2) such information on the location, design, and operation of stationary source as the Division may reasonably require.

(B) Duty to Supplement Submittal

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.

(C) Duty to Correct Submittal

Any owner/operator who fails to submit any relevant facts or who has submitted incorrect information, shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide additional information as necessary to address any relevant requirements that become applicable to the stationary source before final action is taken on its application.

Rule 19.405 Action on Application

(A) Technical Review

The Division will review the application submitted under this chapter in order to ensure to their reasonable satisfaction that:

(1) the stationary source will be constructed or modified to operate without interfering with attainment or maintenance of a national ambient air quality standard;

(2) the stationary source will be constructed or modified to operate without violating any applicable regulation adopted by the EPA pursuant to §§ 111, 112, and 114 of the Clean Air Act as amended;

(3) the stationary source will be constructed or modified to operate without resulting in a violation of any applicable provisions of this rule;

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(4) the emission rate calculations are complete and accurate; and

(5) if the facility wishes to measure and/or monitor operating parameters rather than actual emissions, the application describes a process that will be used to ensure that the calculations are translated into enforceable limits on operational parameters rather than emissions.

(B) Proposed Action

(1) If the Division initially determines the requirements of Rule 19.405(A) are met, they shall prepare a draft permit that:

(a) contains such conditions as are necessary to comply with this Rule; and

(b) addresses all federally regulated air pollutant emissions and all federally regulated air pollutant emitting equipment at the stationary source except pollutants or equipment specifically exempt.

(2) If the Division initially determines the requirements of this chapter are not met, they shall prepare a notice of intent to deny. This notice will state the reasons for the Division’s denial of the stationary source's submittal.

(3) Except as provided in Rule 19.407, the public shall have an opportunity to comment on the Division’s proposed permit decision in accordance with Rule 19.406.

(4) Within ninety (90) days of receipt by the Division of an initial permit application, or an application for a major modification that contains such information as required by the Division (unless said period is extended by mutual agreement between the Division and the applicant), the Division shall notify the applicant in writing of its draft permitting decision. If the Division fails to take action of the application within the prescribed time frames, the aggrieved applicant may petition the Commission for relief from Division inaction. The Commission shall either grant or deny the petition within forty-five (45) days of its submittal.

(C) Final Action

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.

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Rule 19.406 Public Participation

(A) General

No permit shall be issued, denied, or modified unless the public has first had an opportunity to comment on the information submitted by the owner/operator and the 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.

(B) Public Availability of Information

For purposes of this section, opportunity to comment shall include, at a minimum:

(1) Availability for the public inspection in at least one location in the area where the source is located, or proposes to locate, and in the Division’s central offices of the Division’s draft decision, information submitted by the owner/operator, and any information developed by the Division in support of its draft permit decision;

(2) A thirty-day period for submittal of public comment (beginning on the date of the latest newspaper notice, ending on the date thirty [30] days later);

(3) A publication in a newspaper of general circulation in the area where the source is located or proposes to locate, and in a State publication designed to give general public notice. Such notice shall, as a minimum, describe the locations at which the information submitted by the owner/operator and the Division’s analysis of this information, may be inspected and the procedure for submitting public comment;

(4) A copy of the notice, required pursuant to this subsection, shall be sent to the owner/operator and to the:

(a) Regional Administrator of the EPA;

(b) mayor of the community where the stationary source is proposed to be constructed or modified;

(c) county judge of the county where the equipment is proposed to be constructed or modified; and

(d) appropriate air pollution control agencies of adjoining states if the construction or modification of the source will impact air quality in adjoining states.

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(5) Public comments addressing the technical merits of the permit application and the Division’s analysis of the effect of the proposed emissions on air quality submitted in accordance with procedures in the public notice shall be considered by the Division prior to taking final action on the permit application.

Rule 19.407 Permit Amendments

(A) Administrative Permit Amendments

(1) An administrative permit amendment is a permit revision that:

(a) corrects a typographical error;

(b) identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change in the source;

(c) requires more frequent monitoring or reporting by the permittee;

(d) incorporates a change in the permit involving the retiring of equipment or emission units, or the decrease of permitted emissions from equipment or emission units; or

(e) incorporates a change to the facility’s insignificant activities list.

(2) The Division shall revise the permit as expeditiously as practicable and may incorporate such revisions without providing notice to the public.

(3) The applicant may implement the changes addressed in the request for an administrative amendment immediately upon approval.

(B) Change in Ownership

(1) Permits issued under this rule shall remain freely transferable, provided the applicant for the transfer:

(a) notifies the Director at least thirty (30) days in advance of the proposed transfer date on such forms as the Director may reasonably require, and

(b) submits a disclosure statement, or other such documents as required by the Division.

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(i) The disclosure statement shall include but not be limited to the following information:

(aa) The full name, business address, and social security number or tax i.d. number of the applicant and all affiliated persons;

(bb) The full name and business address of any legal entity in which the applicant holds a debt or equity interest of at least five percent (5%) or which is a parent company or subsidiary of the applicant, and a description of the ongoing organizational relationships as they may impact operations within the state;

(cc) A description of the experience and credentials of the applicant, including any past or present permits, licenses, certifications, or operational authorizations relating to environmental regulation;

(dd) A listing and explanation of any civil or criminal legal actions by government agencies involving environmental protection laws or regulations against the applicant and affiliated persons in the ten (10) years immediately preceding the filing of the application, including administrative enforcement actions resulting in the imposition of sanctions, permit or license revocations or denials issued by any state or federal authority, actions that have resulted in a finding or a settlement of a violation, and actions that are pending;

(ee) A listing of any federal environmental agency and any other environmental agency outside this state that has or has had regulatory responsibility over the applicant;

(ff) Any other information the Director may require that relates to the competency, reliability, or responsibility of the applicant and affiliated persons.

(ii) The following persons or entities are not required to file a disclosure statement:

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(aa) Governmental entities, consisting only of subdivisions or agencies of the federal government, agencies of the state government, counties, municipalities, or duly authorized regional solid waste authorities as defined by law. This exemption shall not extend to improvement districts or any other subdivision of government which is not specifically instituted by an act of the General Assembly;

(bb) Applicants for a general permit to be issued by the Department pursuant to its authority to implement the National Pollutant Discharge Elimination System for storm water discharge or any other person or entity the Commission may by rule exempt from the submission of a disclosure statement.

(cc) Nothing in this section, including the exemptions listed herein, shall be construed as a limitation upon the authority of the director to deny a permit based upon a history of noncompliance to any applicant or for other just cause.

(dd) Any applicant that is a publicly held company required to file periodic reports under the Securities and Exchange Act of 1934, or a wholly owned subsidiary of a publicly held company, shall not be required to submit a disclosure statement, but shall submit the most recent annual and quarterly reports required by the Securities and Exchange Commission which provide information regarding legal proceedings in which the applicant has been involved.