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Proposed Federal Implementation Plan for 2015 Ozone NAAQS Transport

On October 10, 2019, the Arkansas DEQ submitted its proposed State Implementation Plan for the interstate transport of ozone to EPA. The Arkansas SIP did not propose any additional controls on Arkansas sources in order to comply with Clean Air Act requirements. On February 22, 2022, EPA published notice of its proposed disapproval of the Arkansas Interstate Ozone SIP, as well as similar plans for several other states. The comment period for this proposed disapproval ends on April 25, 2022.

On April 6, 2022, EPA published notice of a proposed Federal Implementation Plan to replace the disapproved ozone transport SIPs, including the Arkansas SIP. The comment period for this proposed FIP ends on June 6, 2022. Unlike DEQ’s proposed SIP, the EPA proposed ozone transport FIP would impose additional NOx control requirements on electric generating units, and stringent NOx emission limits for six non-EGU areas: reciprocating internal combustion in pipeline transportation of natural gas, cement kilns, iron and steel boilers and furnaces, glass manufacturing furnaces, and high emitting equipment and large boilers for chemical manufacturing, petroleum and coal products, and pulp, paper and paperboard mills.

The EPA FIP will affect 51 facilities located in Arkansas and likely will require the installation of costly controls. EPA’s proposal states that the FIP will not become effective in a particular state until EPA made a final decision to disapprove that state’s interstate ozone transport SIP. The comment period for the EPA FIP ends on June 6, 2022.

To determine which non-egu facilities might be affected by the proposed FIP, DEQ/OAQ pulled all active permits with NAICS codes listed by EPA as being subject. They examined each individual permit to determine which had at least one unit that appeared to meet the applicability criteria specified in the proposed FIP. These criteria can be found beginning on page 20142 of the Federal Register Notice. https://www.govinfo.gov/content/pkg/FR-2022-04-06/pdf/2022-04551.pdf

EPA includes all subject EGUs in the following TSD: https://www.epa.gov/system/files/documents/2022-03/unit-level-allocations-and-underlying-data-for-the-proposed-rule.xlsx

AEF's Final Comments are Here

April 14th, DEQ met at AEF Headquarters to go through a draft of their outlined comment. You can read that here. 

DEQ's Final SIP Comments are here. 

  • Notice: FIP Comment Deadline Extended to June 21

EPA Proposed Federal Implimentation Plan Addressing Ozone Transport for the 2015 Ozone National Ambient Air Quality Standard

DEQ's DRAFT FIP Outline Here 

Notes from DEQ 5.10.22 Mtng Here

 AEF Final FIP Comments

Public Notice for Arkansas Regional Haze Planning Period II SIP Proposal

Scheduled for publication February 27, 2022, in the Democrat Gazette. The proposal and supporting documentation are scheduled to be posted to Regional Haze Program | DEQ (state.ar.us) prior to February 27, 2022. The comment period ends March 29, 2022 at 11:59 p.m. All comments should be submitted to Erika Droke at droke(at)adeq.state.ar.us. The public hearing is scheduled for March 29 at 3:30 p.m. at 5301 Northshore Drive, North Little Rock, AE&E Headquarters. 

Public Notice for Arkansas SSM

AEF Requested extension here

DEQ Proposal information here