Arkansas Administrative Code

8 CAR § 25-206. Permitting requirements for discharges of pesticides. An owner or operator of a pesticide application site shall be deemed to have a permit by rule for the purposes of the federal Clean Water Act, 33 U.S.C. § 1251 et seq., and the Arkansas Water and Air Pollution …

8 CAR § 25-207. Public notice requirements for concentrated animal feeding operation (CAFO) general permits. Public notification requirements for any NPDES permit application for a proposed CAFO in Arkansas are as follows: (1) The applicant shall provide written notice by letter,…

8 CAR § 25-301. Effluent discharges to losing stream segments. (a) In addition to all applicable effluent standards and conditions required by state and federal laws, rules, and regulations, wastewater discharged to losing stream segments shall comply with subsections (b) through…

8 CAR § 25-401. Determination of domestic wastewater effluent limitations. (a) Small discharges (less than or equal to five hundredths (0.05) MGD): (1) The most stringent effluent limitations for oxygen demanding flows from small dischargers will be ten/fifteen milligrams per lit…

8 CAR § 25-402. Discharge of treated wastewater to the Ouachita River. (a) No permit for the discharge of treated wastewater into the Ouachita River commencing at or downstream of the H.K. Thatcher Lock and Dam in segment 2D of the Ouachita River Watershed shall authorize a total…

8 CAR § 25-601. Lake Maumelle Watershed. All surface discharges of wastewater in the Lake Maumelle Watershed are prohibited with the exception of discharges permitted under the NPDES stormwater discharge program.

8 CAR § 25-602. Buffalo National River Watershed. (a) “Buffalo National River Watershed” means the area within United States Geologic Service Hydrologic Unit Code 11010005. (b) The Director of the Division of Environmental Quality shall not issue a permit pursuant to this part fo…

8 CAR § 25-701. Penalty policy and administrative procedures. Part 10, Civil Penalties, and Part 11, Administrative Procedures, of Title 8 of the Code of Arkansas Rules apply to this part.

8 CAR § 25-702. Severability. If any provision of this part or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this part which can be given effect with the invalid provision or application…

8 CAR § 25-703. Effective date. This part is effective ten (10) days after filing with the: (1) Secretary of State; (2) Arkansas State Library; and (3) Bureau of Legislative Research.

8 CAR § 26-101. Title and purpose. (a) The following rules of the Arkansas Pollution Control and Ecology Commission, adopted pursuant to the provisions of the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., shall be known as the “Arkansas Undergroun…

8 CAR § 26-102. Definitions. When used in this UIC Code: (1) “Abandoned well” means a well whose use has been permanently discontinued or which is in a state of disrepair such that it cannot be used for its intended purpose or for observation purposes (see 40 C.F.R. § 146.3, Defi…

8 CAR § 26-103. Adoption of federal regulations. (a)(1) The Director of the Division of Environmental Quality is responsible for implementing the UIC program in the State of Arkansas. (2) The regulations listed below are hereby adopted and made part of this UIC Code as though set…

8 CAR § 26-104. Violations. (a) No person shall construct, install, alter, modify, or operate any underground injection facility without a permit from the Division of Environmental Quality or, as to Class II and Class V bromine-related brine disposal wells, from the Oil and Gas C…

8 CAR § 26-105. Classification of injection wells. Injection wells are classified (see 40 C.F.R. § 144.80) as follows: (1) Class I. (A) Wells used by generators of hazardous wastes or owners or operators of hazardous waste management facilities to inject hazardous waste beneath t…

8 CAR § 26-106. Examples of Class V injection wells. (a) Typically, Class V wells are shallow wells used to place a variety of fluids directly below the land surface. However, if the fluids placed in the ground qualify as a hazardous waste under the RCRA, the well is either a Cla…

8 CAR § 26-107. Severability. If any provision of this UIC Code or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this UIC Code which can be given effect without the invalid provision or …

8 CAR § 26-108. Effective date. This UIC Code is effective ten (10) days after filing with the: (1) Secretary of State; (2) Arkansas State Library; and (3) Bureau of Legislative Research.

8 CAR § 27-101. Purpose. It is the purpose of this part to adopt standards applicable to the storage, discharge, or disposal of any waste which, if unregulated, will cause pollution of waters of the state or result in wastes being placed in a location where it is likely to cause …

8 CAR § 27-102. Authority. Pursuant to the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., the Arkansas Pollution Control and Ecology Commission hereby promulgates this part.

8 CAR § 27-103. Scope. (a) This part applies to all persons proposing to construct, alter, extend, or operate any storage, discharge, or disposal system that does not discharge directly to waters of the state, and the operation of which, if unregulated, will cause pollution of wa…

8 CAR § 27-104. Definitions. The following definitions apply to this part: (1) “Commission” means the Arkansas Pollution Control and Ecology Commission; (2) “Director” means the Director of the Division of Environmental Quality, or his or her designee, unless the context dictates…

8 CAR § 27-201. Type of pits covered. Pits covered by this part shall include: (1)(A) Circulation pit: a pit used during drilling where drilling fluids are circulated during drilling operations. (B) The circulation pit may be part of the mud pit. (C) Circulation pits may also ref…

8 CAR § 27-202. Permit requirements for construction, operation, and closure of pits associated with oil and gas wells. (a) Owners or operators of all pits constructed during the drilling, completion, or testing of an oil, gas, or oil and gas production well (brine production and…

8 CAR § 27-401. Penalty policy and administrative procedures. The provisions of the Arkansas Pollution Control and Ecology Commission rules, Civil Penalties, 8 CAR pt. 10, and Administrative Procedures, 8 CAR pt. 11, apply to this part.

8 CAR § 27-402. Severability. If any provision of this part or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this part which can be given effect with the invalid provision or application…

8 CAR § 27-501. Effective date. This part is effective ten (10) days after filing with the: (1) Secretary of State; (2) Arkansas State Library; and (3) Bureau of Legislative Research.

8 CAR § 40-1001. Upsets. (a) Any source exceeding an emission limit established by this part or applicable permit shall be deemed in violation of said part or permit and shall be subject to enforcement action. (b) The Director of the Division of Environmental Quality may forego e…

8 CAR § 40-1002. Fuel curtailment. Any person responsible for the operation of any equipment operating in compliance with the provisions of this part but which can reasonably anticipate periods of noncompliance due to change of fuels, or lack thereof, shall file with the Division…

8 CAR § 40-1003. Conditions of air pollution. Except for those persons who have filed for and received Division of Environmental Quality approval of applications submitted pursuant to the provisions of 8 CAR § 40-1001 or 8 CAR § 40-1002, the exceptions granted in said sections sh…

8 CAR § 40-1004. Division’s authority. Nothing provided herein shall be construed to limit the Division of Environmental Quality’s authority to require the installation and maintenance of control equipment as a condition of the granting of a permit or approval of an application.…

8 CAR § 40-1005. Emergency conditions. (a) An “emergency” means any situation arising from the sudden and reasonably unforeseeable events beyond the control of the source, including natural disasters, which situation requires immediate corrective action to restore normal operatio…

8 CAR § 40-101. Title. This part, adopted pursuant to Subchapter 2 of the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., shall be referred to as the “Arkansas Air Pollution Control Code”, hereinafter the “Air Code”, the “code”, or “Part 40”.

8 CAR § 40-102. Intent and construction. (a)(1) Part 40 consists of those rules deemed necessary and desirable by the Arkansas Pollution Control and Ecology Commission for control of air pollution pursuant to its rulemaking mandates under state law, Arkansas Code §§ 8-4-311(b)(1)…

8 CAR § 40-103. Applicability. This part is applicable to any source which emits or has the potential to emit any air contaminant as defined in 8 CAR § 40-105.

8 CAR § 40-104. Severability. If any provisions of this part or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this part which can be given effect without the invalid provision or applica…

8 CAR § 40-105. Definitions. When used in this part: (1) “Actual emissions” means the quantity of air contaminants emitted from a stationary source considering emissions control equipment and actual hours of source operation or amount of material processed; (2)(A) “Air contaminan…

8 CAR § 40-106. Effective date. This part is effective ten (10) days after filing with the: (1) Secretary of State; (2) Arkansas State Library; and (3) Bureau of Legislative Research.

8 CAR § 40-1101. Circumvention. (a) Unless prior written approval is obtained from the Director of the Division of Environmental Quality, no person shall build, erect, install, or use any article, machine, equipment, or other contrivance the sole purpose of which is to dilute or …

8 CAR § 40-1201. Authority. (a) Within areas of high source density or higher receptor density and/or within areas affected by levels of air contamination, which, due to their intensity and/or duration, threaten to constitute a significant departure from the National Ambient Air …

8 CAR § 40-1202. Notification and reporting requirements. (a) The owner or operator of any stationary source shall, upon notification from the Division of Environmental Quality, maintain records of the nature and amounts or emissions from such source and/or any other information …

8 CAR § 40-1301. Public notification. In the event the Director of the Division of Environmental Quality finds the existence of a condition of air pollution pursuant to 8 CAR § 40-105 or of episodic air pollution pursuant to 8 CAR § 40-105 or the Division of Environmental Quality…

8 CAR § 40-1302. Confidentiality. (a) Information which constitutes a trade secret shall be held confidential and segregated from the public files of the Division of Environmental Quality if requested in writing by the permit applicant in accordance with this section. (b) For pur…

8 CAR § 40-201. Applicability. (a) General applicability. No person shall cause or permit the operation, construction, or modification of a stationary source, which actually emits: (1) Seventy-five (75) tons per year or more of carbon monoxide; (2) Forty (40) tons per year or mor…

8 CAR § 40-202. Approval criteria. No permit shall be granted or modified under this subpart unless the owner/operator demonstrates to the reasonable satisfaction of the Division of Environmental Quality that the stationary source will be constructed or modified to operate withou…

8 CAR § 40-203. Owner/operator’s responsibilities. Issuance of a permit by the Division of Environmental Quality does not affect the responsibility of the owner/operator to comply with applicable portions of this part.

8 CAR § 40-204. Required information. (a) General. Application of a permit shall be made on such forms and contain such information as the Division of Environmental Quality may reasonably require, including but not limited to: (1) Information on the nature and amounts of air poll…