Arkansas Administrative Code

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…

8 CAR § 40-205. Action on application. (a) Technical review. The Division of Environmental Quality will review the application submitted under this subpart in order to ensure to their reasonable satisfaction that: (1) The stationary source will be constructed or modified to opera…

8 CAR § 40-206. Public participation. (a) General. No permit shall be issued, denied, or modified unless the public has first had an opportunity to comment on the information submitted by the owner/operator and the Division of Environmental Quality’s analysis, as demonstrated by …

8 CAR § 40-207. Permit amendments. (a) Administrative permit amendments. (1) An administrative permit amendment is a permit revision that: (A) Corrects a typographical error; (B) Identifies a change in the name, address, or phone number of any person identified in the permit or p…

8 CAR § 40-208. Exemption from permitting. (a) Insignificant activities. Stationary sources and activities listed in Appendix A of this part shall be considered to be insignificant and will not require a permit under this subpart or be included in a source’s permit. (b) Grandfath…

8 CAR § 40-209. Permit revocation and cancellation. (a) Revocation. Any permit issued under this part is subject to revocation, suspension, or modification in whole or in part, for cause, including without limitation: (1) Violation of any condition of the permit; (2) Obtaining a …

8 CAR § 40-210. General permits. (a) General authority. (1) The Division of Environmental Quality may, after notice and opportunity for public participation provided under this subpart, issue a general permit covering numerous similar sources. (2) Any general permit shall: (A) Co…

8 CAR § 40-211. Transition. (a) Facilities which are now subject to this part and were not previously subject to this part shall be in full compliance within one hundred eighty (180) days of the effective date of this part. (b) The Director of the Division of Environmental Qualit…

8 CAR § 40-212. Operational flexibility — Applicant’s duty to apply for alternative scenarios. (a) Any operating scenario allowed for in a permit may be implemented by the facility without the need for any permit revision or any notification to the Division of Environmental Quali…

8 CAR § 40-213. Changes resulting in no emissions increases. (a) A permitted source may make changes within the facility that contravene permit terms without a permit revision if the changes: (1) Are not modifications under any provision of Title I of the Clean Air Act, 42 U.S.C.…

8 CAR § 40-214. Permit flexibility. (a)(1) The Division of Environmental Quality may grant an extension to any testing, compliance, or other dates in the permit. (2) No extensions shall be authorized until the permittee of the facility receives written approval from the division.…

8 CAR § 40-215. Registration. (a) No person shall cause or permit the operation, construction, or modification of a stationary source, whose actual emissions are: (1) Forty (40) tons per year or more but less than seventy-five (75) tons per year of carbon monoxide; (2) Twenty-fiv…

8 CAR § 40-401. Visible emissions limitations. (a)(1) No person shall cause or permit visible emissions (other than uncombined water vapor) from equipment to exceed the limitations of this section except as specifically provided within this part. (2) More stringent limitations on…

8 CAR § 40-501. Intent. In order to avoid conflicting and overlapping jurisdiction, it is the intention of this subpart to clarify the position that: (1) The Division of Environmental Quality occupies the field of control and abatement of air pollution and contamination; and (2) …