Arkansas Administrative Code

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) …

8 CAR § 40-502. General prohibition. No person shall: (1) Cause or permit the open burning of: (A) Refuse; (B) Garbage; (C) Trade waste; or (D) Other waste material; or (2) Conduct a salvage operation by open burning.…

8 CAR § 40-503. Exemptions. The provisions of 8 CAR § 40-502 shall not apply to the following activities: (1) Fires used for the noncommercial cooking of food or for ceremonial or recreational purposes, including barbecues and outdoor fireplaces used in connection with any reside…

8 CAR § 40-504. Conditions of air pollution. (a) During conditions of air pollution, when declared by the Director of the Division of Environmental Quality to exist in any area of the state, all open burning in such area which otherwise is exempted in this section shall be discon…

8 CAR § 40-505. Open burning authorizations. (a) Upon application, the Division of Environmental Quality shall issue letters of authorization for open burning, provided that the applicant affirmatively demonstrates to the satisfaction of the division that there are no practicable…

8 CAR § 40-601. Emissions from mobile equipment. (a)(1) Any person owning or operating a motor vehicle including, but not limited to automobiles and trucks, incorporating a system for the control or emissions from the crankcase or exhaust system, or for the control or evaporative…

8 CAR § 40-701. Prohibition of the emission of air contaminants such as to constitute air pollution. No person shall cause or permit the emission of air contaminants, including odors or water vapor and including an air contaminant whose emission is not otherwise prohibited by thi…

8 CAR § 40-801. Prohibitions. (a) No person shall cause or permit the handling, transporting, or storage of any material in a manner which allows or may allow unnecessary amounts of air contaminants to become airborne. (b) No person shall cause or permit any building or its appur…

8 CAR § 40-901. Purpose. (a) The purpose of this subpart is to generally define the powers of the Division of Environmental Quality in requiring sampling, monitoring, and reporting requirements at stationary sources. (b) The division shall enforce all properly incorporated and de…

8 CAR § 40-902. Air emissions sampling. Any stationary source subject to this part shall be subject to the following requirements: (1) Sampling ports. To provide any sampling ports, at the request of the Division of Environmental Quality, required for air emissions sampling, incl…

8 CAR § 40-903. Continuous emissions monitoring. Any stationary source subject to this part shall, upon request by the Division of Environmental Quality: (1)(A) Install, calibrate, operate, and maintain equipment or continuously monitor air contaminant emissions in accordance wit…

8 CAR § 40-904. Recordkeeping/reporting requirements. Any stationary source subject to this part shall, upon request of the Division of Environmental Quality: (1)(A) Maintain records on the nature and amounts of contaminants emitted to the air by the equipment in question. (B) Al…

8 CAR § 40-905. Public availability of emissions data. Emissions data obtained by the Division of Environmental Quality shall be correlated in units of applicable emissions limitations and be made available to the public at the division’s central offices during normal business ho…

8 CAR § 41-1001. Permitting procedure for Part 70 source. An owner or operator of a Part 70 source subject to Rules of the Arkansas Operating Air Permit Program, 8 CAR pt. 42, shall be required to have their permit applications processed in accordance with the procedures containe…

8 CAR § 41-101. Title. The following part, adopted in accordance with the provisions of Subchapter 2 of the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-201 et seq., shall be known as “Rules of the Arkansas Plan of Implementation for Air Pollution Control”, h…

8 CAR § 41-102. Applicability. This part is applicable to any stationary source that has the potential to emit any federally regulated air pollutant.

8 CAR § 41-103. Intent and construction. (a)(1) The purpose and intent of this part, as amended, is to provide a clear delineation of those rules that are promulgated by the Arkansas Pollution Control and Ecology Commission in satisfaction of certain requirements of the Clean Air…

8 CAR § 41-104. Severability. (a) If any provision of this part is determined to be invalid, such invalidity shall not affect other provisions of this part. (b) If federal legislation or a federal court stays, invalidates, delays the effective date of, or otherwise renders unenfo…

8 CAR § 41-105. Incorporation by reference. Unless a contrary intent is expressly stated, any adoption or descriptive reference to a law or federal regulation shall be construed as though the reference law were set forth in this part line-by-line, word-for-word as it existed on t…

8 CAR § 41-106. Definitions. (a) Terms and phrases used in this part that are not explicitly defined herein shall have the same meaning as those terms that are used in the Clean Air Act. (b) For purposes of this part: (1) “Actual emissions” means the quantity of federally regulat…

8 CAR § 41-1201. Purpose. The purpose of this subpart is to limit emissions of volatile organic compounds from gasoline stored in stationary dispensing tanks and from gasoline delivered into such tanks.

8 CAR § 41-1202. Applicability. (a) This subpart applies to all gasoline dispensing facilities and gasoline service stations and to delivery vessels delivering gasoline to a gasoline dispensing facility or gasoline service station in a nonattainment area. (b) This subpart applies…

8 CAR § 41-1203. Definitions. As used in this subpart: (1)(A) “Coaxial system” means the delivery of the product to the stationary storage tank and the recovery of vapors from the stationary storage tank occurs through a single coaxial fill tube that is a tube within a tube. (B) …

8 CAR § 41-1204. Exemptions. This subpart does not apply to: (1) Transfers made to storage tanks at gasoline dispensing facilities or gasoline service stations equipped with floating roofs or their equivalent; (2) Stationary storage tanks with a capacity of not more than five hun…

8 CAR § 41-1205. Prohibited activities. No person may cause, allow, or permit the transfer of gasoline from any delivery vessel into any stationary storage tank unless such transfer complies with the following requirements: (1) The stationary storage tank is equipped with a subme…

8 CAR § 41-1206. Recordkeeping. The following records shall be maintained for not less than two (2) years and the same shall be made available for inspection by the Division of Environmental Quality: (1) The scheduled date for maintenance and testing, and the date that a malfunct…

8 CAR § 41-1207. Inspections. (a) The premises of any gasoline dispensing facility or gasoline service station shall be available for inspection by representatives of the Division of Environmental Quality. (b) The process of transfer of gasoline from any delivery vessel into any …

8 CAR § 41-1208. Vapor recovery systems. (a) The vapor control system required by 8 CAR § 41-1205 shall include one (1) or more of the following: (1) A vapor-tight line from the stationary storage tank to the delivery vessel and: (A) For a coaxial vapor recovery system, either a …

8 CAR § 41-1209. Gasoline delivery vessels. (a) Gasoline delivery vessels shall be designed and maintained to be vapor-tight during loading and unloading operations and during transport. (b) Gasoline delivery vessels shall be tested, no less than annually, on a schedule acceptabl…

8 CAR § 41-1210. Owner/operator responsibility. (a) It shall be the responsibility of owners and operators of gasoline dispensing facilities and gasoline service stations to assure compliance with this subpart and to disallow the transfer from any delivery vessel that does not co…

8 CAR § 41-1211. Test methods. (a) Test method for leak detection: (1) Within four (4) hours prior to monitoring, the organic vapor analyzer or combustible gas detector shall be suitably calibrated in a manner and with the gas specified by the manufacturer for twenty percent (20%…

8 CAR § 41-1212. Effective date. (a) The requirements of this subpart shall be effective within nonattainment areas one (1) year after the designation by the United States Environmental Protection Agency of an area as a nonattainment area. (b) In the case of an independent small …

8 CAR § 41-1401. Purpose. This subpart establishes certain best available retrofit control technology requirements and compliance provisions pursuant to 40 C.F.R. § 51.308 as of June 22, 2007.

8 CAR § 41-1402. Definitions. For purposes of this subpart, the definitions contained in 40 C.F.R. § 51.301, as in effect on June 22, 2007, are incorporated by reference.

8 CAR § 41-1403. [Reserved].

8 CAR § 41-1404. [Reserved].

8 CAR § 41-1405. Best available retrofit technology requirements. (a) SWEPCO Flint Creek Power Plant (AFIN 04-00107) shall comply with best available retrofit technology requirements for particulate matter at SN-01 by meeting the existing permitted particulate matter emission lim…

8 CAR § 41-1406. Compliance provisions. The owner or operator of each stationary source subject to 8 CAR § 41-1405 shall: (1) Comply with the applicable emission limit as expeditiously as practicable, but in no event later than five (5) years after the United States Environmental…