Arkansas Administrative Code

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 …

8 CAR § 43-716. Transition requirements. (a) The reviewing authority may supersede any PAL which was established prior to the date of approval of this part with a PAL that complies with the requirements of this subpart. (b) No reviewing authority may issue a PAL that does not com…

8 CAR § 43-801. 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 § 60-1001. Applicability. (a)(1) This subpart pertains to the construction and operation of construction and demolition recovery facilities (C&DRF) and material recycling facilities (MRF). (2) Construction and demolition recovery facilities shall comply with all of the requ…

8 CAR § 60-1002. Material recycling facilities. (a) Exemption from permitting. (1) In accordance with 8 CAR § 60-1001, MRFs are exempt from regulation under this subpart provided that the operation of the facility is consistent with the requirements of this section. (2) Facilitie…

8 CAR § 60-1003. Location restrictions and siting requirements. (a) Applicability and requirements. New and existing C&DRF shall meet the following site selection limitations and location restrictions including but not limited to: (1) Facilities shall be designed and operated in …

8 CAR § 60-1004. Application requirements. (a) Application procedures. (1) Applications for an individual permit for construction and demolition recovery facilities shall conform to the requirements of Administrative Procedures, 8 CAR pt. 11, and this section. (2) Applicants appl…

8 CAR § 60-1005. Operational requirements. (a) Public health and the environment. The operation shall be conducted in a manner which precludes: (1) Pollution; (2) Public health hazards; (3) Nuisances; (4) Odors; and (5) The harborage of vectors. (b) Approved operating plan. (1) A…

8 CAR § 60-1006. Design criteria. In addition to the other provisions of this subpart, C&DRFs shall be designed in accordance with the following: (1) Contents of plans. The engineering plans shall include a detailed description of the facility’s design that must address the follo…

8 CAR § 60-1007. Closure and financial assurance. (a) Financial assurance requirements. (1) Owners and operators of permitted C&DRFs shall post financial assurance in accordance with the requirements of this part if required by the Director of the Division of Environmental Qualit…

8 CAR § 60-101. Title. The following rules of the State of Arkansas, Arkansas Pollution Control and Ecology Commission, adopted pursuant to the Arkansas Solid Waste Management Act, (Acts 1971, No. 237, as amended, Arkansas Code § 8-6-201 et seq.), shall be known as "Solid Waste M…

8 CAR § 60-102. Purpose. The purpose of this part is to establish standards and criteria for location restrictions; permit application procedures; design, operations, and maintenance; financial assurance; ground water monitoring and corrective action; and closure and post-closure…

8 CAR § 60-103. Scope. (a) This part is based on the provisions of Arkansas law cited in 8 CAR § 60-201 and upon 40 C.F.R. pts. 257 and 258 and the Arkansas Solid Waste Management Act, Arkansas Code § 8-6-201 et seq., as amended. (b)(1) The Part 258 regulations were promulgated u…

8 CAR § 60-104. Applicability. (a) This part applies to owners or operators of all solid waste disposal or processing facilities, except as specifically provided, including but not limited to the following permit categories, each of which requires either a separate individual per…

8 CAR § 60-105. Severability. If any provision of this part or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this part which can be given effect without the invalid provision or applicat…

8 CAR § 60-106. Definitions. (a)(1) Unless otherwise noted, all terms contained in this part are defined by their plain meaning. (2) This section contains definitions for terms that appear throughout this part. (3) Additional definitions may appear in the specific sections to whi…

8 CAR § 60-1101. General requirements. The purpose of the geotechnical and hydrogeological site investigation is to thoroughly characterize all aspects of the property which may directly or indirectly affect the design, construction, operation, or monitoring of the solid waste co…

8 CAR § 60-1102. Class 1 and Class 3 landfills. (a) Applicability. (1) The data and information required under this section shall be submitted by the applicant for landfills which will receive household solid waste or commercial and industrial wastes. (2) Class 3 landfill applica…

8 CAR § 60-1103. Monitoring well construction. (a) Monitor well construction. (1) Monitor wells shall be constructed of materials which: (A) Are resistant to chemical and physical degradation; (B) Will not interfere with ground water quality; and (C) Meet the requirements of Sect…

8 CAR § 60-1104. Class 4 landfills. (a) Applicability. This section applies to new permits and expansions of the permitted boundaries of all Class 4 landfills and Class 3 landfills disposing only Class 4 waste as established under 8 CAR § 60-1102. (b) General ground water separat…

8 CAR § 60-1201. Applicability. (a) Applicability. (1) The requirements of this subpart apply to Class 1 landfills, Class 3 landfills, and other facilities that may be required by the Director of the Division of Environmental Quality to monitor ground water quality according to t…

8 CAR § 60-1202. Ground water monitoring systems. (a) Applicability. As provided in 8 CAR § 60-1201(a), a ground water monitoring system must be installed that consists of a sufficient number of wells installed at appropriate locations and depths to yield ground water samples fro…

8 CAR § 60-1203. Ground water sampling and analysis requirements. (a) Consistency of procedures. (1) The ground water monitoring program must include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation…

8 CAR § 60-1204. Detection monitoring program. (a) Applicability. (1)(A) Detection monitoring is required at all ground water monitoring wells and sampling points defined under 8 CAR § 60-1202(a)(1) and (2). (B) A detection monitoring program must include the monitoring for the c…

8 CAR § 60-1205. Assessment monitoring program. (a) Applicability. Assessment monitoring is required whenever a statistically significant increase over background has been detected for one (1) or more of the constituents listed in: (1) Appendix 1 for Class 1 landfills; (2) Append…

8 CAR § 60-1206. Assessment of corrective measures. (a) Applicability. (1) Within ninety (90) days of finding that any of the constituents listed in Appendix 2 or Appendix 3, as applicable, have been detected at a statistically significant level exceeding the ground water protect…

8 CAR § 60-1207. Selection of remedy. (a) Corrective measure selection. (1) Based on the results of the corrective measures assessment conducted under 8 CAR § 60-1206, the owner or operator must select a remedy that, at a minimum, meets the standards listed in subsection (b) of t…

8 CAR § 60-1208. Implementation of the corrective action program. (a) Corrective action implementation. Based on the schedule established under 8 CAR § 60-1207(d) for initiation and completion of remedial activities, the owner or operator must: (1) Establish and implement a corre…

8 CAR § 60-1301. Closure criteria. (a) Landfill cover design. (1) This section applies to all Class 1 landfills that accepted wastes after October 9, 1991, and to all other Class 1, Class 3, and Class 4 landfill units in operation after May 7, 1995. (2) Owners or operators of all…

8 CAR § 60-1302. Post-closure care requirements. (a) Applicability. The standards of this section shall apply as follows: (1) Class 1 landfill units that accepted waste for disposal after the compliance dates specified in 8 CAR § 60-104(d) shall meet all of the requirements of th…

8 CAR § 60-1303. Closure of open dumps and unpermitted facilities. (a) Applicability. The closure of open dumps shall meet the same criteria specified in 8 CAR § 60-1301 unless otherwise specified by the Division of Environmental Quality. (b) Deed notation. After division approva…