Arkansas Administrative Code

8 CAR § 41-1701. 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 § 41-201. Purpose. (a) The purpose of this subpart is to state the responsibilities of the Division of Environmental Quality and regulated sources in meeting and maintaining the national ambient air quality standards. (b) If any area of the state is determined to be in viol…

8 CAR § 41-202. Division responsibilities. The Division of Environmental Quality shall be responsible for taking the following precautions to prevent the national ambient air quality standards from being exceeded: (1) Ambient air monitoring in any area that can reasonably be expe…

8 CAR § 41-203. Regulated sources responsibilities. Any source subject to the provisions of this part shall be responsible for taking the following precautions to prevent the national ambient air quality standards from being exceeded: (1) When required by law or this part, obtain…

8 CAR § 41-204. Delegated federal programs. (a)(1) Sources subject to this part shall also comply with all federal programs that the Division of Environmental Quality is responsible for administering, including: (A) Certain delegated subparts of the new source performance standar…

8 CAR § 41-301. General applicability. No person shall cause or permit the operation, construction, or modification of a stationary source whose actual emissions are: (1) Seventy-five (75) tons per year or more of carbon monoxide; (2) Forty (40) tons per year or more of nitrogen …

8 CAR § 41-302. 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 § 41-303. 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 § 41-304. Required information. (a) General. Application for 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 federal…

8 CAR § 41-305. 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 § 41-306. 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 § 41-307. 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 …

8 CAR § 41-308. 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 § 41-310. 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 § 41-311. 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) The criteria for the review and …

8 CAR § 41-312. Dispersion modeling. (a) The following shall apply when dispersion or other air quality modeling is used to meet the requirements of this subpart. (b) General. All applications of air quality modeling involved in this subpart shall be based on the applicable model…

8 CAR § 41-313. Confidentiality. (a) Information that 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 purpo…

8 CAR § 41-314. Operational flexibility — Applicant’s duty to apply for alternative scenarios. (a)(1) The permit applicant shall apply for any reasonably anticipated alternative stationary source operating scenarios at the time of permit application. (2) The Division of Environme…

8 CAR § 41-315. Changes resulting in no emissions increases. (a) A permittee may make a change to a stationary source that contravenes permit terms without a permit revision if the change: (1) Is not a Title I modification; (2) Does not exceed emissions allowable under the permit…

8 CAR § 41-316. Permit flexibility. (a)(1) The Division of Environmental Quality may grant an extension to any testing, compliance, or other date in the permit. (2) No extensions shall be authorized until the permittee of the stationary source receives written approval from the d…

8 CAR § 41-317. Registration. (a)(1) Sources currently holding permits issued pursuant to this part but whose emissions are below the permitting thresholds of 8 CAR § 41-301, and above the registration thresholds of 8 CAR § 40-215, may elect to continue to operate under their exi…

8 CAR § 41-401. Purpose. (a) The purpose of this subpart is to define the general federally regulated air pollutant emissions limitations applicable to all equipment subject to this part. (b) Stricter specific limitations may be required in applicable permits if such limitations …

8 CAR § 41-402. General rules. No person shall cause or permit the construction or modification of equipment that would cause or allow the following standards or limitations to be exceeded: (1) Any national ambient air quality standard as defined herein; (2) Any ambient air incre…

8 CAR § 41-403. Visible emission rules. (a) No person shall cause or permit visible emissions (other than uncombined water vapor) from equipment identified hereunder and that was installed and in operation, or for which a permit had been issued by the Division of Environmental Qu…

8 CAR § 41-404. Stack height/dispersion rules. (a) The stack height provisions of 40 C.F.R. § 51.118 are incorporated by reference. (b) The definition of “stack”, “a stack in existence”, “dispersion technique”, “good engineering practice”, “nearby”, and “excessive concentration” …

8 CAR § 41-405. Revised emissions limitation. (a)(1) The emissions limitations contained within this part and applicable permits are for the purpose of assuring the attainment and maintenance of the national ambient air quality standards and have been established within the frame…

8 CAR § 41-501. Upset conditions. (a)(1) For purposes of this subpart, “upset condition” means exceedances of applicable emission limitations lasting thirty (30) or more minutes, in the aggregate, during a twenty-four-hour period, unless otherwise specified in an applicable permi…

8 CAR § 41-502. Emergency conditions. (a)(1) 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 operat…

8 CAR § 41-601. 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 § 41-602. 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 federally regulated air poll…

8 CAR § 41-603. Continuous emissions monitoring. Any stationary source subject to this part shall, as required by federal law and upon request of the Division of Environmental Quality: (1)(A) Install, calibrate, operate, and maintain equipment to continuously monitor or determine…

8 CAR § 41-604. Notice of completion. For equipment for which a new permit or major permit modification is required, the Division of Environmental Quality shall be notified in writing within thirty (30) days of the following events: (1) The date of commencement of construction or…

8 CAR § 41-605. Recordkeeping and reporting requirements. (a) Any stationary source subject to this part shall, upon request by the Division of Environmental Quality: (1)(A) Maintain records on the nature and amounts of federally regulated air pollutants emitted to the air by the…

8 CAR § 41-606. 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 § 41-701. Purpose. The purpose of this subpart is to establish rules for designated pollutants emitted from designated facilities in accordance with Section 111(d) of the Clean Air Act.

8 CAR § 41-702. Permit emissions limitations. (a) No person shall cause or permit emissions from equipment located at facilities described in this subpart to be exceeded. (b) Future permit conditions may place more stringent emissions limitations on the equipment that shall super…

8 CAR § 41-704. Kraft pulp mills. (a) Subsections (b) and (c) of this section and the total reduced sulfur emissions limitations contained in Table 41.7.1 are applicable to equipment located at the following kraft pulp mills: (1) Evergreen Packaging (AFIN 35-00016); (2) Green Bay…

8 CAR § 41-801. Title. This subpart, adopted in accordance with the provisions of Part 2 of the Arkansas Water and Air Pollution Control Act at Arkansas Code § 8-4-101 et seq., shall be known as “Prevention of Significant Deterioration Rules of the Arkansas Plan of Implementation…

8 CAR § 41-802. Purposes. Promulgation and enforcement of this subpart is intended to further the purposes of the state implementation plan and this part, including, but not limited to, acceptance of delegation by the United States Environmental Protection Agency of authority for…

8 CAR § 41-803. Definitions. (a) As used in this subpart: (1)(A) “Advance notification” (of a permit application) means any written communication that establishes the applicant's intention to construct, and that provides the Division of Environmental Quality with sufficient infor…

8 CAR § 41-804. Adoption of rules. (a)(1) Except where manifestly inconsistent with the provisions of the Clean Air Act, as amended, or with federal regulations adopted pursuant thereto, and as amended specifically herein by subsections (b), (c), (d), (e), (f), and (g) of this se…

8 CAR § 41-901. Title. This subpart, adopted in accordance with the provisions of the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., as amended, and pursuant to the provisions of the Clean Air Act, shall be known as the “Rules for the Control of Vo…

8 CAR § 41-902. Purpose. This subpart is designed to provide for the attainment and maintenance of the National Ambient Air Quality Standards national ambient air quality standards for ozone in those areas of Arkansas which have been designated as nonattainment areas by the Unite…

8 CAR § 41-903. Definitions. (a)(1) Terms and phrases used in this subpart which are not explicitly defined herein shall have the same meaning as those terms used in 8 CAR § 41-106 or, if not defined in 8 CAR § 41-106, as those terms defined in the Clean Air Act. (2) Unless manif…

8 CAR § 41-905. Provisions for specific processes. (a) [Reserved]. (b) [Reserved]. (c) Cutback asphalt. No person shall mix, use, or apply cutback asphalt for roadway paving except where the cutback asphalt is used solely as a penetrating prime coat or when the maximum ambient te…

8 CAR § 42-1001. Fee requirement. (a) In accordance with 40 C.F.R. § 70.9, as promulgated July 21, 1992, and last modified June 3, 2010 (75 FR 31607), the owners or operators of part 70 sources shall pay initial and annual fees that are sufficient to cover the permit program cost…

8 CAR § 42-1002. Fee schedule. The fee schedule for part 70 permits is contained in 8 CAR pt. 12.