ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION REGULATIONS COMMITTEE MEETING Friday, July 27, 2012 8:30 a.m. ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE NORTH LITTLE ROCK, ARKANSAS 72118 AGENDA (Item #01) I. Call Meeting to Order – 8:30 a.m. II. Roll Call III. Approval of June 22, 2012 Committee Minutes (Item #02) IV. Regulation No. 11, Regulations for Solid Waste APPENDIX I Disposal Fees; Landfill Post-Closure Trust Fund; (Items #05-11) And Recycling Grants Program - Docket No. 12-007-R - Lorielle Gutting for Arkansas Department of Environmental Quality - Minute Order (Initiate) V. Regulation No.14, Regulations and Administrative APPENDIX II Procedures for the Waste Tire Program (Items #12-15) - Docket No. 11-006-R - Lorielle Gutting for Arkansas Department of Environmental Quality - Minute Order (Adopt) VI. Adjourn ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION REGULATIONS COMMITTEE MEETING 8:30 a.m., Friday, June 22, 2012 Arkansas Department of Environmental Quality 5301 Northshore Drive North Little Rock, Arkansas Committee Members Attending: J. Bates, J. Chamberlin, D. Hendrix, L. Hitchcock, S. Jorgensen, J. Simpson, and R. Young. Members Absent: L. Sickel, W. Thompson, and B. White. Call to Order Commissioner Young called the meeting to order at approximately 8:30 a.m. Quorum Commission Secretary called roll and a quorum was declared. Approval of Minutes Chair Young asked for a motion to approve the minutes of the May meeting. Commissioner Samples moved to approve the minutes and Commissioner Hendrix seconded the motion. The minutes were approved. Regulation No. 19, Regulation of the Arkansas Plan of Implementation for Air Pollution Control; Docket No. 11-002-R. Mr. Mike Bates stated that the proposed changes are necessary in order for the regulation to conform to statutory language affected by federal rules and to incorporate changes into Arkansas’s air permitting program related to the regulation of GHGs. A public hearing was held and several comments were received. He asked the Committee to recommended adoption of the minute order adopting the amendments to the regulation. Commissioner Hendrix made a motion to recommend adoption of the minute order to the Commission adopting the amendments to Regulation No. 19. Commissioner Jorgenson seconded the motion. Regulation No. 26, Regulation of the Arkansas Operating Air Permit Program; Docket No. 11-003-R Mr. Mike Bates stated that the proposed changes are necessary in order for the regulation to conform to statutory language affected by the federal rules, and to incorporate changes into Arkansas’s air permitting program related to the regulation of GHG. He asked the Regulations Committee Meeting Minutes June 22, 2012 Page 2 Committee to recommend adoption of the minute order to the Commission adopting the changes to the regulation. Commissioner Hendrix made a motion to recommend adoption of the minute order to the Commission and Commissioner Jorgenson seconded the motion. Regulation No. 9, Permit Fee Regulation; Docket No. 11-007-R Mr. Mike Bates stated that the proposed changes are necessary in order to prevent imposition of fees on emissions of carbon dioxide (“CO2”) and methane which would occur as a result of changes made to other air regulations (Regulation Nos. 19 and 26) that conform to statutory language affected by federal rules, and to incorporate changes into Arkansas’s air permitting program related to the regulation of CO2 and methane. He asked the Committee to recommend adoption of the minute order to the Commission adopting the changes to the regulation. Commissioner Hendrix made a motion to recommend adoption of the minute order to the Commission and Commissioner Jorgenson seconded the motion. Commissioners asked questions and discussion followed. Regulation No. 19, Regulation of the Arkansas Plan of Implementation for Air Pollution Control – Emergency Rulemaking; Docket No. 12-003-R Mr. Mike Bates stated that the petition to adopt an emergency rulemaking for Regulation No. 19 was made in response to the federal deferral of permitting requirements for biogenic CO2 emissions. Failure to implement these revisions would have adverse impacts on the general welfare of the state and requires adoption of an emergency rule by the department. The department requests that the Commission consider the promulgation of an emergency rulemaking to amend Regulation No. 19 to ensure that the regulation will remain consistent with and be no more stringent than federal regulations Commissioner Chamberlin made a motion to recommend adoption of the minute order to the Commission and Commissioner Hendrix seconded the motion. Regulation No. 26, Regulation of the Arkansas Operating Air Permit Program – Emergency Rulemaking; Docket No. 12-004-R Mr. Mike Bates stated that the changes to Regulation No. 26 include the deferral of CO2 emissions from bioenergy and other biogenic sources under the Title V Program until July 21, 2014. Failure to implement these revisions would have adverse impacts on the general Regulations Committee Meeting Minutes June 22, 2012 Page 3 welfare of the state and requires adoption of an emergency rule by ADEQ. The implementation of this emergency rule for biogenic CO2 emission deferral will keep entities from having to comply with permitting requirements which are otherwise more stringent than federal requirements, and could prevent them from being subject to more costly PSD permit fees and compliance as a result of the biogenic CO2 emissions that will be deferred with this rule. The department requests that the Commission consider the promulgation of an emergency rulemaking to amend Regulation No. 26 to ensure that the regulation will remain consistent with and be no more stringent than federal regulations. Commissioner Chamberlin made a motion to recommend adoption of the minute order to the Commission and Commissioner Hendrix seconded the motion. Regulation No. 19, Regulation of the Arkansas Plan of Implementation for Air Pollution Control; Docket No. 12-005-R Mr. Mike Bates explained that the changes to the regulation are being proposed in response to the United States Environmental Protection Agency’s (“EPA”) deferral of the application of the PSD and Title V permitting requirements of biogenic CO2 emissions from bioenergy and other biogenic stationary sources. Making the proposed amendments will maintain consistency between federal air pollution control programs and the Commission’s regulations governing air pollution in Arkansas and it will maintain compliance with the federal deferral of permitting requirements for biogenic CO2 emissions. Commissioner Bates made a motion to recommend adoption of the minute order to the Commission and Commissioner Hendrix seconded the motion. Regulation No. 26, Regulation of the Arkansas Operating Air Permit Program; Docket No. 11-006-R The substantive changes to Regulation No. 26 are being proposed in response to the EPA’s “Deferral for CO2 Emissions from Bioenergy and other Biogenic Sources under the Prevention of Significant Deterioration (“PSD”) and Title V Programs, Final Rule” (“Final Rule”). Making the proposed amendments will maintain consistency between federal air pollution control programs and the Commission’s regulations governing air pollution in Arkansas and it will maintain compliance with the federal deferral of permitting requirements for biogenic CO2 equivalent emissions.” The department requests that the Commission consider the initiation of rulemaking to amend Regulation No. 26 to ensure the regulation will remain consistent with and be no more stringent than federal requirements. Regulations Committee Meeting Minutes June 22, 2012 Page 4 Commissioner Bates made a motion to recommend adoption of the minute order to the Commission and Commissioner Hendrix seconded the motion. Regulation No. 30, Hazardous Substance Remedial Action Trust Fund Site Priority List; Docket No. 11-008-R Amendments include deleting five sites from the state priority list following the completion of cleanups at these sites, and to add one additional site to the list in order to investigate potential contamination or environmental risks from that site. Commissioner Simpson made a motion to recommend adoption of the minute order to the Commission and Commissioner Hitchcock seconded the motion. Regulation No. 23, Hazardous Waste Management; Docket No. 12-001-R Amendments adopt newly-revised federal rules published between July 1, 2010 and December 31, 2011 and make editorial revisions to existing provisions. These revisions are necessary to keep the state hazardous waste regulations current with the corresponding federal requirements. Commissioner Hendrix made a motion to recommend adoption of the minute order to the Commission and Commissioner Chamberlin seconded the motion. Adjourn There was no other business to come before the Committee. Commissioner Young adjourned the meeting. ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION REGULAR COMMISSION MEETING Friday, July 27, 2012 9:00 a.m. ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE NORTH LITTLE ROCK, ARKANSAS 72118 AGENDA (Item #03) I. Call Meeting to Order - 9:00 a.m. II. Roll Call III. Approval of June 22, 2012, Commission Meeting (Item #04) Minutes IV. Department Reports A. Director’s Report B. Status of Regulations Monthly Report (Item #26) C. Division Permit Reports (Items #27-34) V. Public Comments VI. Commission Reports A. Regulations Committee – Randy Young 1. Regulation No. 11, Regulations for Solid APPENDIX