Arkansas Administrative Code

8 CAR § 42-904. Minor permit modification application. An application requesting the use of minor permit modification procedures shall: (1) Meet the standard part 70 permit application requirements; and (2) Additionally include the following: (A) A description of the change, the …

8 CAR § 42-905. Environmental Protection Agency and affected state notification of minor permit modification application. (a) Within five (5) working days of receipt of a complete minor permit modification application, the Division of Environmental Quality shall meet its obligati…

8 CAR § 42-906. Timetable for issuance of minor permit modification. (a) The Division of Environmental Quality may not issue a final minor permit modification until after the Environmental Protection Agency’s forty-five-day review period or until the Environmental Protection Agen…

8 CAR § 42-907. Source's ability to make minor modification. (a) A source may make the change proposed in its minor permit modification application upon receipt of written notification from the Division of Environmental Quality. (b)(1) The division shall have fifteen (15) days af…

8 CAR § 42-908. Group processing of minor permit modifications. Multiple applications for different minor permit modifications may be processed as a single minor permit modification by the Division of Environmental Quality if the group of multiple permit applications as a whole m…

8 CAR § 42-909. Permit shield not applicable to minor permit modifications. The permit shield under Subpart 6 of this part does not extend to minor permit modifications.

8 CAR § 42-910. Significant modification procedures. Significant modifications involving the procedures of Subpart 5 of this part shall be used for applications that: (1) Involve new applicable requirements; (2) Are modifications under any provision of Title I of the Act; (3) Inv…

8 CAR § 42-911. Reopening for cause by the division. (a)(1) Each issued permit shall include provisions specifying the conditions under which the permit will be reopened prior to the expiration of the permit. (2) A permit shall be reopened and revised under any of the following c…

8 CAR § 42-912. Reopenings for cause by the Environmental Protection Agency. (a) If the Administrator of the Environmental Protection Agency finds that cause exists to terminate, modify, or revoke and reissue a permit, the Administrator of the Environmental Protection Agency shal…

8 CAR § 42-913. Permit flexibility. (a)(1)(A) The Division of Environmental Quality may grant an extension to any testing, compliance, or other dates in the permit. (B) No extensions shall be authorized until the permittee of the facility receives written approval from the divisi…

8 CAR § 43-101. Title. The following part, adopted in accordance with the provisions of Subchapter 2 of the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., shall be known as “Nonattainment New Source Review Requirements”, hereinafter referred to as …

8 CAR § 43-102. Applicability. (a) This part applies to any area in Arkansas designated nonattainment for any national ambient air quality standard under Subpart C of 40 C.F.R. pt. 81. (b) This part shall apply to any new major stationary source or major modification that is majo…

8 CAR § 43-103. Severability. If any provision of this part, or the application of such provision to any person or circumstance is held invalid, the remainder of this part, or the application of such provision to persons or circumstances other than those as to which it is held in…

8 CAR § 43-104. Definitions. (a) Terms and phrases used in this part which are not explicitly defined herein shall have the same meaning as those terms which are used in the federal Clean Air Act. (b) For the purposes of this part: (1) “Actual emissions” means: (A)(i) The actual …

8 CAR § 43-201. Requirement for a permit. (a) No major stationary source shall be constructed or modified in any nonattainment area if the emissions from such facility will cause or contribute to concentrations of any pollutant for which a national ambient air quality standard is…

8 CAR § 43-202. 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 § 43-203. Approval criteria. No permit shall be granted or modified under this subpart unless: (1) 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 w…

8 CAR § 43-204. Offsets. (a) The owner or operator of a new or modified major stationary source may comply with any offset requirement for increased emissions of any air pollutant only by obtaining emission reductions of such air pollutant or precursor of such air pollutant from …

8 CAR § 43-205. Zones targeted for economic development. (a) This part provides for management of any zone in Arkansas identified as a Zone Targeted for Economic Development pursuant to 173(a)(1)(B) of the Clean Air Act. (b) There are established Targeted Economic Development Zon…

8 CAR § 43-206. Control technology information. Control technology information from permits issued under this subpart shall be promptly submitted to the RACT/BACT/LAER clearinghouse for the benefit of other states and the general public.

8 CAR § 43-207. Approval to construct. Approval to construct shall not relieve any owner or operator of the responsibility to comply fully with applicable provision of the plan and any other requirements under local, state, or federal law.

8 CAR § 43-208. Applicability to attainment or unclassifiable areas. (a) This part shall apply to any new major stationary source or major modification that would locate in any area designated as attainment or unclassifiable for any national ambient air quality standard pursuant …

8 CAR § 43-209. Applicability of other rules. (a) The administrative requirements contained in the Arkansas Pollution Control and Ecology Commission, Rules of the Arkansas Operating Air Permit Program, 8 CAR pt. 42, shall apply to permits issued under this part. (b) The permit mo…

8 CAR § 43-301. Actual-to-projected-actual applicability test. For projects that only involve existing emissions units, a significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions (as defi…

8 CAR § 43-302. Actual-to-potential test. For projects that only involve construction of a new emissions unit, a significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit (as defined in Subpart 1 o…

8 CAR § 43-305. Emission baseline credits. (a) For sources and modifications subject to this part, the baseline for determining credit for emissions reductions is the emissions limit under the applicable State Implementation Plan in effect at the time the application to construct…

8 CAR § 43-306. Relaxation of limitations. At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforcement limitation which was established after August 7, 1980, on the capacity of t…

8 CAR § 43-307. Modification to existing units. (a) The following specific provisions apply to projects at existing emissions units at a major stationary source in circumstances where the owner or operator elects to use the method specified in 8 CAR § 43-104(b)(31)(B)(i) – (iii) …

8 CAR § 43-308. Public availability of information. (a) The owner or operator of the source shall make the information required to be documented and maintained pursuant to 8 CAR § 43-307 available for review upon a request for inspection by the reviewing authority or the general …

8 CAR § 43-309. Applicability to nitrogen oxides. The requirements of this section applicable to major stationary sources and major modifications of volatile organic compounds shall apply to nitrogen oxides emissions from major stationary sources and major modifications of nitrog…

8 CAR § 43-310. Offset requirements. (a) In meeting the emissions offset requirements of 8 CAR § 43-305 for ozone nonattainment areas that are subject to Subpart 2, Part D, Title I of the Clean Air Act, the ratio of total actual emissions reductions of VOC to the emissions increa…

8 CAR § 43-311. PM10 precursors. The requirements of this part applicable to major stationary sources and major modifications of PM10 shall also apply to major stationary sources and major modifications of PM10 precursors, except where the Administrator of the Environmental Prote…

8 CAR § 43-701. Applicability. (a)(1) The reviewing authority may approve the use of an actuals PAL for any existing major stationary source (except as provided in subsection (b) of this section) if the PAL meets the requirements in this subpart. (2) The term "PAL" shall mean "ac…

8 CAR § 43-702. Definitions. (a) For purposes of this subpart, the following definitions apply. (b) When a term is not defined in this subpart, it shall have the meaning given in Subpart 1 of this part or in the federal Clean Air Act: (1) “Actuals PAL for a major stationary sourc…

8 CAR § 43-703. Permit application requirements. As part of a permit application requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the reviewing authority for approval: (1)(A) A list of all emissions units at the source…

8 CAR § 43-704. General requirements for establishing PALs. (a) The plan allows the reviewing authority to establish a PAL at a major stationary source, provided that at a minimum, the requirements in subdivisions (a)(1) – (7) of this section are met: (1)(A) The PAL shall impose …

8 CAR § 43-705. Public participation requirement for PALs. (a) PALs for existing major stationary sources shall be established, renewed, or increased through a procedure that is consistent with Subpart 2 of this part. (b)(1) This includes the requirement that the reviewing author…

8 CAR § 43-706. Setting the ten-year actuals PAL level. (a)(1) Except as provided in subsection (b) of this section, the plan shall provide that the actuals PAL level for a major stationary source shall be established as the sum of the baseline actual emissions (as defined in Sub…

8 CAR § 43-707. Contents of the PAL permit. Any PAL permit issued under this subpart shall contain the following information: (1) The PAL pollutant and the applicable source-wide emission limitation in tons per year; (2) The PAL permit effective date and the expiration date of th…

8 CAR § 43-708. Reopening of the PAL permit. (a) During the PAL effective period, the PAL permit shall be reopened to: (1) Correct typographical/calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL; (2) Reduce …

8 CAR § 43-709. PAL effective period. A PAL shall have an effective period of ten (10) years.

8 CAR § 43-710. Expiration of a PAL. (a) Any PAL which is not renewed in accordance with the procedures in 8 CAR § 43-711 shall expire at the end of the PAL effective period, and the requirements in subsections (b) – (f) of this section shall apply. (b)(1) Each emissions unit, or…

8 CAR § 43-711. Renewal of a PAL. (a)(1) The reviewing authority shall follow the procedures specified in 8 CAR § 43-705 in approving any request to renew a PAL for a major stationary source and shall provide both the proposed PAL level and a written rationale for the proposed PA…

8 CAR § 43-712. Increasing a PAL during the PAL effective period. (a)(1) The reviewing authority may increase a PAL emission limitation only if the major stationary source complies with the provisions in subdivisions (a)(2) – (5) of this section. (2)(A) The owner or operator of t…

8 CAR § 43-713. Monitoring requirements for PALs. (a) General requirements. (1)(A) Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. (B) Any monito…

8 CAR § 43-714. Recordkeeping requirements. (a) An owner or operator shall retain a copy of all records necessary to determine compliance with any requirement of this subpart and of the PAL, including a determination of each emissions unit's twelve-month rolling total emissions, …

8 CAR § 43-715. Reporting and notification requirements. (a)(1) The owner or operator shall submit semiannual monitoring reports and prompt deviation reports to the reviewing authority in accordance with the applicable Title V operating permit program. (2) The reports shall meet …