Arkansas Administrative Code

8 CAR § 41-1604. Requirement to obtain a permit. (a) The owner or operator of a municipal solid waste landfill subject to this subpart with a design capacity greater than or equal to two and one-half million (2,500,000) megagrams or two and one-half million (2,500,000) cubic mete…

8 CAR § 41-1605. Exemption from reporting requirements for closed landfills. The owner or operator of a closed landfill subject to this subpart is not subject to the requirement to submit the following reports if the owner or operator submitted the reports to the Division of Envi…

8 CAR § 41-1606. Design capacity reports. (a)(1) For each municipal solid waste landfill subject to this subpart having a design capacity less than two and one-half million (2,500,000) megagrams by mass or two and one-half million (2,500,000) cubic meters by volume, the owner or …

8 CAR § 41-1607. NMOC emission rate reports. (a) For each municipal solid waste landfill subject to this subpart having a design capacity equal to or exceeding two and one-half million (2,500,000) megagrams by mass or two and one-half million (2,500,000) cubic meters by volume, t…

8 CAR § 41-1608. Standards of performance. (a) Requirement to install, maintain, and operate a gas collection and control system. The owner or operator of a municipal solid waste landfill subject to this subpart shall install, maintain, and operate a collection and control system…

8 CAR § 41-1609. Compliance schedule and increments of progress for gas collection and control systems. (a) The owner or operator of each municipal solid waste landfill subject to the requirement to install and operate a gas emission collection and control system pursuant to this…

8 CAR § 41-1610. Collection and control system design plan. (a)(1) The owner or operator shall submit to the Division of Environmental Quality a site-specific design plan for each gas collection and control system required under this subpart. (2) The collection and control system…

8 CAR § 41-1611. Operating, compliance, and monitoring requirements for gas collection and control systems. (a) The owner or operator of a municipal solid waste landfill with a gas collection and control system used to comply with this subpart shall meet the operating, compliance…

8 CAR § 41-1612. Performance testing reports. The initial and annual performance test report provisions specified in 40 C.F.R. § 60.38f(h) and (i) are incorporated by reference.

8 CAR § 41-1613. Closure and equipment removal reports. The closure report and equipment removal report provisions specified in 40 C.F.R. § 60.38f(f) and (g) are incorporated by reference.

8 CAR § 41-1614. Liquids addition reports. The liquids addition reporting requirements specified in 40 C.F.R. § 60.38f(l) are incorporated by reference.

8 CAR § 41-1615. Recordkeeping requirements. The recordkeeping provisions specified in 40 C.F.R. § 60.39f(a) – (j) are incorporated by reference.

8 CAR § 41-1616. Electronic reporting of certain reports. The owner or operator of a municipal solid waste landfill subject to this subpart shall submit, as applicable, the following reports electronically in accordance with the procedures specified in 40 C.F.R. § 60.38f(j): (1) …

8 CAR § 41-1617. Test methods and procedures. The test methods and procedures provisions specified in 40 C.F.R. § 60.35f(a) – (e) are incorporated by reference.

8 CAR § 41-1618. Corrective actions. The corrective action and the corresponding timeline requirements specified in 40 C.F.R. § 60.38f(k) are incorporated by reference.

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 § 41-309. [Reserved].

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…