Air Integrated Regulation (AIR) Streamlining Project and State Implementation Plan Revision

The Arkansas Department of Environmental Quality (ADEQ) is preparing a regulatory package for initiation with the Arkansas Pollution Control and Ecology Commission (APC&EC or “Commission”) to harmonize and streamline Arkansas air quality regulations and a state implementation plan package for Environmental Protection Agency (EPA) approval to demonstrate that the streamlined regulation would satisfy federal Clean Air Act requirements.

The regulatory package seeks to consolidate Regulation 18, Arkansas Air Pollution Control Code; Regulation 19, Regulations of the Arkansas Plan of Implementation for Air Pollution Control; Regulation 26, Regulations of the Arkansas Operating Air Permit Program; and Regulation 31, Nonattainment New Source Review Requirements into a single regulation: Regulation 35, Arkansas Air Quality Regulation. The purpose of the regulatory package is to clarify Arkansas air pollution control requirements by simplifying the regulatory provisions, consolidating overlapping provisions, and revising or removing confusing language. The consolidation is expected to facilitate continued trends in achieving clean air by providing additional regulatory clarity to our stakeholders and facilities in order to foster compliance with air quality regulations. ADEQ anticipates the streamlined regulation to ultimately result in reduced costs both for the State and for the facilities covered under the consolidated regulation.

In addition, the pre-proposal draft Regulation 35 removes or updates outdated provisions including references to programs that no longer exist, provisions that are no longer applicable, facility names that have changed, and vacated and/or stayed provisions. The pre-initiation draft Regulation 35 also resolves inconsistencies between the denoted regulations to be replaced and State statutes, APC&EC Regulations, and federal regulations.

Public and Regulated Community Engagement

ADEQ is seeking feedback on the AIR Streamlining Project prior to filing for initiation with the Commission and proposal of the corresponding SIP revision. ADEQ hosted a public meeting on June 18th to provide an overview of the AIR Streamlining Project and to receive feedback. ADEQ hosted a listening session on August 13, 2018.

The public and regulated community will also have the opportunity to comment on the record once APC&EC initiates rulemaking and ADEQ proposes the SIP revision. ADEQ anticipates filing for initiation with APC&EC after the conclusion of the stakeholder process.