Arkansas Administrative Code

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…

8 CAR § 42-901. Permit modification. (a) A permit modification is any revision to a part 70 permit that cannot be accomplished under the program's provisions for administrative permit amendments. (b) A permit modification for purposes of the acid rain portion of the permit shall …

8 CAR § 42-902. Minor permit modification applicability. (a) The minor permit modification process is an expedited procedure that allows a source to make trivial changes involving limited emission increases, based on the differences between the sum of the proposed permitted rates…

8 CAR § 42-903. Prohibition on multiple related minor permit modification application submittals. (a) A part 70 source may not submit multiple minor permit modification applications that are designed to conceal a larger modification that would not be eligible for minor permit mod…

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 § 43-303. [Reserved].

8 CAR § 43-304. [Reserved].

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…