Arkansas Administrative Code

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 § 41-703. [Reserved].

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 § 41-904. [Reserved].

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.

8 CAR § 42-101. Title. The following rules of the Arkansas Pollution Control and Ecology Commission, adopted in accordance with the provisions of Part 2 of the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., shall be known as the “Rules of the Arkan…

8 CAR § 42-102. Purpose. (a) Promulgation and enforcement of this part is intended to meet the requirements of Title V of the federal Clean Air Act, 42 U.S.C. § 7401 et seq., and 40 C.F.R. pt. 70, as promulgated July 21, 1992, and last modified November 27, 2001, by establishing …

8 CAR § 42-103. 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 § 42-104. Definitions. (a) The following definitions apply to this part. (b) Except as specifically provided in this section, terms used in this part retain the meaning accorded them under the applicable requirements of the federal Clean Air Act or the Arkansas Pollution Co…

8 CAR § 42-1101. Purpose. The purpose of this subpart is to ensure that acid rain sources located within the state will be permitted in accordance with the regulations promulgated pursuant to Title IV of the federal Clean Air Act.

8 CAR § 42-1102. Adoption by reference. (a) The Arkansas Pollution Control and Ecology Commission hereby adopts and incorporates by reference those provisions of 40 C.F.R. pts. 72 and 76 (including all provisions of pts. 73, 74, 75, 77, and 78 referenced therein) as in effect on …

8 CAR § 42-1201. 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 § 42-201. Requirement for a permit. (a)(1) No part 70 source may operate unless it is operating in compliance with a part 70 permit, or unless it has filed a timely and complete application for an initial or renewal permit as required under this part. (2) Existing part 70 s…

8 CAR § 42-202. Sources subject to permitting. The following sources shall be subject to permitting under this part unless exempted by 8 CAR § 42-203: (1) Any major source; (2)(A) Any source, including an area source, subject to a standard, limitation, or other requirement under …

8 CAR § 42-203. Source category exemptions. The following source categories are exempted from the obligation to obtain a part 70 permit: (1) All sources listed in 8 CAR § 42-202 that are not major sources, acid rain sources, or solid waste incineration units required to obtain a …

8 CAR § 42-204. Emissions units subject to permitting. (a) The Division of Environmental Quality shall include in the part 70 permit all applicable requirements for all relevant emissions units in the part 70 source. (b) Some equipment with very small emission rates is exempt fro…

8 CAR § 42-205. Emissions subject to permitting. (a) All regulated air pollutant emissions and recognized air contaminant emissions from a part 70 source shall be included in a part 70 permit, except that GHG emissions less than one hundred thousand (100,000) tpy CO2e shall not b…

8 CAR § 42-206. Fugitive emissions subject to permitting. Fugitive emissions from a part 70 source shall be included in the permit application and the part 70 permit in the same manner as stack emissions, regardless of whether the source category in question is included in the li…

8 CAR § 42-301. Duty to apply. For each source subject to 40 C.F.R. pt. 70, as promulgated June 3, 2010 (75 FR 31607), the owner or operator shall submit a timely and complete permit application on forms supplied by the Division of Environmental Quality in accordance with this se…

8 CAR § 42-302. Standard application form and required information. (a)(1) The Division of Environmental Quality shall provide a standard application form or forms and shall provide them to part 70 sources upon request. (2) Information as described below for each emissions unit a…

8 CAR § 42-303. Initial applications from existing part 70 sources. (a) A timely application for an initial part 70 permit for an existing part 70 source is one that is submitted: (1) Within twelve (12) months after the source becomes subject to the permit program; or (2) On or b…

8 CAR § 42-304. Applications for proposed new part 70 sources. The owner or operator proposing to construct a new part 70 source shall apply for and obtain a part 70 permit prior to the construction of the source, unless the applicable permit application was submitted prior to th…

8 CAR § 42-305. Applications for proposed significant modifications at part 70 sources. (a) Part 70 sources proposing to construct a new emissions unit or modify an existing emissions unit shall apply for and obtain a modified part 70 permit prior to the construction or modificat…

8 CAR § 42-306. Permit renewal applications. (a)(1) For purposes of permit renewal, a timely application is one that is received by the Division of Environmental Quality at least six (6) months prior to the date of permit expiration or such other longer time as may be approved by…

8 CAR § 42-307. Complete application. (a) To be deemed complete, an application must provide all information required by 8 CAR § 42-302, except that applications for permit revision need supply only that information related to the proposed change. (b) Unless the Division of Envir…

8 CAR § 42-308. Confidential information. In the case where a source has submitted information to the state under a claim of confidentiality, the Division of Environmental Quality may also require the source to submit a copy of such information directly to the Administrator of th…

8 CAR § 42-309. Applicant's duty to supplement or correct application. (a) Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit su…

8 CAR § 42-310. Certification by responsible official. (a) Any application form, report, or compliance certification submitted pursuant to this part shall contain certification by a responsible official of truth, accuracy, and completeness. (b) This certification and any other ce…

8 CAR § 42-401. Action on part 70 permit applications. A permit, permit modification, or permit renewal may be issued only if all of the following conditions have been met: (1) The Division of Environmental Quality has received a complete application for a permit, permit modifica…

8 CAR § 42-402. Final action on permit application. (a) The Division of Environmental Quality shall take final action on each permit application, including a request for permit modification or renewal, as expeditiously as practicable, but no later than eighteen (18) months after …

8 CAR § 42-403. Priority for application review. Priority shall be given by the Division of Environmental Quality to taking action on applications for construction and modification over applications for permit renewal to the extent practicable.

8 CAR § 42-404. Notification of application completeness. (a)(1) The Division of Environmental Quality shall promptly provide notice to the applicant of whether the application is complete. (2) Unless the division requests additional information or otherwise notifies the applican…

8 CAR § 42-405. Source's ability to operate prior to final permit action. (a) A part 70 source's ability to operate without a permit prior to initial permit issuance (to existing part 70 sources) or permit renewal shall be in effect from the date the timely and complete applicati…

8 CAR § 42-406. Basis for draft permit conditions. (a) The Division of Environmental Quality shall provide a statement that sets forth the legal and factual basis for the draft permit conditions, including references to the applicable statutory or regulatory provisions. (b) The d…

8 CAR § 42-501. Applicability. All initial permits, renewal permits, and significant permit modifications shall meet the permit review requirements of this subpart.

8 CAR § 42-502. Public participation. (a) All initial permit issuances, significant modifications, minor modifications, and renewals shall afford the public the opportunity to comment. (b) Public notice shall be given: (1)(A) By publication of notice of application receipt by the…

8 CAR § 42-503. Transmission of permit information to the Administrator of the Environmental Protection Agency. (a)(1) The Division of Environmental Quality shall provide to the Administrator of the Environmental Protection Agency: (A) A copy of each permit application, including…