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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Rules and Regulations
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recordkeeping, thus ensuring that the emissions limitations applicable to this source under the BART alternative are practically enforceable. See Aug. 2019
SIP Submittal at 2. These provisions of Arkansass air regulations have been approved by EPA into Arkansas federally enforceable SIP.86 In particular, APCEC Rule 19 Chapter 7
Sampling, Monitoring and Reporting Requirements, sets forth the powers of DEQ in requiring sampling, monitoring, and reporting requirements at stationary sources. Specifically, any stationary source is subject to air emission sampling APCEC Rule 19.702; 87
continuous emission monitoring APCEC Rule 19.703; recordkeeping and reporting requirements APCEC
Rule 19.705; 88 and Public Availability 86 See 40 CFR 52.170c table for EPA-approved regulations in the Arkansas SIP.
87 Under APCEC Rule 19.702Air Emissions Sampling, any stationary source subject to this regulation shall be subject to the following requirements: A Sampling Ports To provide any sampling ports, at the request of the Department, required for federally regulated air pollutant emissions sampling, including safe and easy access to such ports. B Sampling To conduct federally regulated air pollutant emissions sampling, at the request of the Department, to determine the rate, opacity, composition, and/or contaminant concentration of the emissions. All compliance testing shall be done at the expense of the permittee by an independent firm, unless otherwise approved by the Department. Sampling shall not be required for those pollutants with continuous emissions monitors. C Averaging Times All compliance testing averaging times shall be consistent with the averaging times of the applicable federally regulated air pollutant emissions limitations stated in the applicable permit, which in no case shall be greater than the minimum averaging times of the applicable NAAQS. D Process Rates Unless otherwise approved by the Department, all federally regulated air pollutant emissions sampling shall be performed with the equipment being tested operating at least at ninety percent of its permitted capacity.
Emissions results shall be extrapolated to correlate with 100 percent of permitted capacity to determine compliance.
88 Under APCEC Rule 19.705Record Keeping and Reporting Requirements, any stationary source subject to this regulation shall, upon request by the Department: A Maintain records on the nature and amounts of federally regulated air pollutants emitted to the air by the equipment in question. All records, including compliance status reports and excess emissions measurements shall be retained for at least five 5 years, and shall be made available to any agent of the Department or EPA
during regular business hours. B Supply the following information, correlated in units of the applicable emissions limitations, to the Department:
1 General process information related to the emissions of federally regulated air pollutants into the air. 2 Emissions data obtained through sampling or continuous emissions monitoring. C
Information and data shall be submitted to the Department by a responsible official on such forms and at such time intervals as prescribed by applicable federal regulations or the Department.
Reporting periods shall be a twelve-month period.
D Each emission inventory is to be accompanied by a certifying statement, signed by the owners or operators and attesting that the information contained in the inventory is true and accurate to the best knowledge of the certifying official. The
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of Emissions Data APCEC Rule 19.706.89 All of these requirements will become federally enforceable against Domtar with EPAs final approval of this SIP submittal. For these reasons, conditions 38 and 40 contain sufficient specificity regarding testing for compliance for Power Boiler No. 2.
Comment B.3: The provisions for recordkeeping are inadequate for permit conditions 36 and 43. In addition to failing to require that owners and operators are subject to these provisions, these provisions fail to specify necessary specifics to determine compliance. For example, these provisions lack requirements that records shall be maintained for CEMS
data; quality assurance and quality control activities for emissions measuring systems; major maintenance activities conducted on emission units, control equipment, and CEMS; and any other records required by the underlying requirements.
Response: We disagree with the commenters assertion that the provisions for recordkeeping are inadequate for conditions 36 and 43.
The commenter cites CAA section 110a2F, 40 CFR 51 Subpart K,90 and the BART guidelines 91 in identifying the applicable recordkeeping and reporting requirements.92 However, these requirements do not mandate the level of specificity the commenter would like to see regarding recordkeeping, and the commenter cites no authority for the notion that that level of specificity is required. Nor did the commenter cite any examples from other BART alternative actions that would demonstrate that the level of specificity of the recordkeeping requirements here is inconsistent with what has been approved in other SIPs.
Commenters suggestions do not reflect how the regulations are worded regarding recordkeeping and reporting, therefore, we conclude that the commenter has failed to establish how the recordkeeping and reporting requirements in 40 CFR 51 Subpart K, and the BART guidelines are not met by certification shall include the full name, title, signature, date of signature, and telephone number of the certifying official.
89 Emissions data obtained by the Department shall be correlated in units of applicable emissions limitations and be made available to the public at the Departments central offices during normal business hours.
90 40 CFR 51.210214.
91 Guidelines for BART Determinations Under the Regional Haze Rule, Appendix Y.
92 See Laumann Legal comments on behalf of the National Parks Conservation Association, the Sierra Club, and Earthjustice pages 1113.

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conditions 36 and 43.93 Permit conditions 36 and 43 clearly require maintaining all records necessary to determine compliance for at least 5
years. This is sufficient under the regional haze regulations. Further, such broad terms encompass many if not all of the specific enumerated types of records the commenter claims should be retained. The recordkeeping provisions in conditions 36 and 43 are, therefore, not lacking and are sufficient enough on their own merit to meet 40 CFR 51
Subpart K and the BART-alternative requirements of subpart P. As mentioned in the previous response, Appendix B sections II through IV of the permit lay out specific guidelines for CEMS operating conditions. These CEMS conditions are reflected in and administered by the State under APCEC
Rule 19.703Continuous Emission Monitoring. The State applies APCEC
Rule 19.705 94Record Keeping and Reporting Requirements to air pollution sources subject to the regulation.95 The State made clear in its August 2019 SIP
Submittal, at page 2, that these provisions apply to the Domtar Ashdown Mill for purposes of implementing the BART alternative emission limitations at Power Boilers No. 1 and No. 2. These requirements will become federally enforceable 93 We note that section 110a2F of the statute only establishes such requirements as may be prescribed by the Administrator. Therefore, the language of 110a2F does not apply directly to our evaluation of a SIP revision. Rather, the specific monitoring, reporting, and recordkeeping requirements that apply to our evaluation of the SIP
revision are those that have been prescribed, i.e., promulgated, in the governing regulations at subparts K and P of Part 51.
94 Under APCEC Rule 19.705Record Keeping and Reporting Requirements, the State, maintains records on the nature and amounts of federally regulated air pollutants emitted to the air by the equipment in question. All records, including compliance status reports and excess emissions measurements shall be retained for at least five years, and shall be made available to any agent of the Department or EPA during regular business hours. Stationary sources are subject to supply the following information, correlated in units of the applicable emissions limitations, to the DEQ: 1
General process information related to the emissions of federally regulated air pollutants into the air. 2 Emissions data obtained through sampling or continuous emissions monitoring.
Information and data shall be submitted to the Department by a responsible official on such forms and at such time intervals as prescribed by applicable federal regulations or the Department.
Reporting periods shall be a twelve-month period.
Each emission inventory is to be accompanied by a certifying statement, signed by the owners or operators and attesting that the information contained in the inventory is true and accurate to the best knowledge of the certifying official. The certification shall include the full name, title, signature, date of signature, and telephone number of the certifying official.
95 See 52.170c table for EPA-approved regulations in the Arkansas SIP.

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