Arkansas Administrative Code

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…

8 CAR § 42-504. Review of draft permit by affected states. (a) The Division of Environmental Quality shall give notice of each draft permit to any affected state on or before the time that the division provides this notice to the public, except to the extent that minor permit mod…

8 CAR § 42-505. Environmental Protection Agency objection to proposed permit. (a)(1) The Administrator of the Environmental Protection Agency will object to the issuance of any proposed permit determined by the Administrator of the Environmental Protection Agency not to be in com…

8 CAR § 42-506. Public petitions to the Administrator of the Environmental Protection Agency. (a)(1) If the Administrator of the Environmental Protection Agency does not object in writing to a proposed part 70 permit, any person may petition the Administrator of the Environmental…

8 CAR § 42-507. Prohibition on default issuance. No part 70 permit, including a permit renewal or modification, shall be issued until affected states and the Environmental Protection Agency have had an opportunity to review the proposed permit as required under this subpart.…

8 CAR § 42-601. Standard permit requirements. Each permit issued under this program shall include the following elements: (1)(A) Emission limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements at…

8 CAR § 42-602. Federally enforceable requirements. (a) All terms and conditions in a part 70 permit, including any provisions designed to limit a source's potential to emit, are enforceable by the Administrator of the Environmental Protection Agency and citizens under the Act. (…

8 CAR § 42-603. Compliance requirements. All part 70 permits shall contain the following elements with respect to compliance: (1)(A) Consistent with 8 CAR § 42-601(3), compliance certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to assure co…

8 CAR § 42-604. Permit shield. (a) Except as provided in this part, the Division of Environmental Quality shall, if requested by the applicant, expressly include in a part 70 permit a provision stating that compliance with the conditions of the permit shall be deemed compliance w…

8 CAR § 42-605. General permits. (a)(1) The Division of Environmental Quality may, after notice and opportunity for public participation provided under Subpart 5 of this part, issue a general permit covering numerous similar sources. (2) Any general permit shall comply with all r…

8 CAR § 42-606. Temporary sources. (a)(1) The Division of Environmental Quality may issue a single permit authorizing emissions from similar operations by the same source owner or operator at multiple temporary locations. (2) The operation must be temporary and involve at least o…

8 CAR § 42-607. Emergency provision. (a)(1) An “emergency” means any situation arising from sudden and reasonably unforeseeable events beyond the control of the source which situation requires immediate corrective action to restore normal operation, and that causes the source to …

8 CAR § 42-701. 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 Quality. (b)(1) It is incumbent…

8 CAR § 42-702. 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 Act; (2) Do not exceed e…

8 CAR § 42-703. Emissions trading in permit. (a) The Division of Environmental Quality shall, if a permit applicant requests it, issue permits that contain terms and conditions, including all terms required under 40 C.F.R. § 70.6(a) and (c), as promulgated July 21, 1992, and last…

8 CAR § 42-704. Emissions trading allowed under 8 CAR pt. 41. (a)(1) A permitted part 70 source may trade increases and decreases in emissions within the permitted facility, where 8 CAR pt. 41 provides for such emissions trades without requiring a permit revision. (2) The permitt…

8 CAR § 42-801. Administrative permit amendment applicability. An “administrative permit amendment” is a permit revision, requested by the permittee, that: (1) Corrects typographical errors; (2) Identifies a change in the name, address, or phone number of any person identified in…

8 CAR § 42-802. Acid rain administrative permit amendments. Administrative permit amendments for purposes of the acid rain portion of the permit shall be governed by regulations promulgated under Title IV of the Act.

8 CAR § 42-803. Administrative permit amendment procedures. An administrative permit amendment shall be made by the Division of Environmental Quality consistent with the following: (1) The division shall take no more than sixty (60) days from receipt of a request for an administr…