Arkansas Pollution Control and Ecology Commission

REGULATION No. 26: REGULATIONS OF THE ARKANSAS OPERATING AIR PERMIT PROGRAM

CHAPTER 3: REQUIREMENT FOR A PERMIT, APPLICABILITY
As approved by EPA August 23, 2019 (84 FR 44235) SIP effective September 23, 2019 (ARd33),
Regulations.gov docket EPA-R06-OAR-2019-0301 [AR029].

OUTLINE:
Reg. 26.301 Requirement for a permit. ARd33-4
Reg. 26.302 Sources subject to permitting. ARd33-6
****end Chapter 3 outline****

Reg. 26.301 Requirement for a permit. ARd33-4
As adopted by the Arkansas Pollution Control and Ecology Commission
December 5, 2008 effective January 25, 2009.
Submitted to EPA July 26, 2010 and resubmitted to EPA November 23, 2010 (AR-30),
Regulations.gov document EPA-R06-OAR-2019-0301-0004 [AR029.04] adobe page 350.
Approved by EPA August 23, 2019 (84 FR 44235) SIP effective September 23, 2019 (ARd33),
Regulations.gov docket EPA-R06-OAR-2019-0301 [AR029].

    (A) 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 these regulations. Existing part 70 sources shall
submit initial applications according to the provisions of section 4. If a part 70
source submits a timely and complete application for an initial or renewal permit,
the source's failure to have a part 70 permit is not a violation of this regulation
until the Department takes final action on the permit application, except as noted
in this section. This protection shall cease to apply if, subsequent to the
completeness determination, the applicant fails to submit by the deadline
specified in writing by the Department any additional information identified as
being needed to process the application. If the Department fails to act in a timely
way on a permit renewal, EPA may invoke its authority under section 505(e) of
the Act to terminate or revoke and reissue the permit.
    (B) No proposed new part 70 source shall begin construction prior to obtaining a
part 70 permit, unless the applicable permit application was submitted prior to the
effective date of these regulations and the Department's draft permitting decision
for such source has already proceeded to public notice in accordance with
Regulation No. 19.
    (C) No part 70 source shall begin construction of a new emissions unit or begin
modifications to an existing emissions unit prior to obtaining a modified part 70
permit. This applies only to significant modifications and does not apply to
modifications that qualify as minor modifications or changes allowed under the
operational flexibility provisions of a part 70 permit. An existing part 70 source
shall be subject to the permit modification procedures of Regulation No. 19 until
such time that an initial part 70 permit application is due from the source.
*******end AR Reg. 26.301 SIP effective September 23, 2019 (ARd33-4)*****zzc****

Reg. 26.302 Sources subject to permitting. ARd33-6
As approved by the Arkansas Pollution Control and Ecology Commission
February 26, 2016 effective March 12, 2016. Submitted to EPA March 24, 2017 (AR-46),
Regulations.gov document EPA-R06-OAR-2019-0301-0006 [AR029.06] adobe page 984.
Approved by EPA August 23, 2019 (84 FR 44235) SIP effective September 23, 2019 (ARd33),
Regulations.gov docket EPA-R06-OAR-2019-0301 [AR029].

    The following sources shall be subject to permitting under these regulations, unless
exempted by Reg. 26.303 below:
    (A) Any major source;
    (B) Any source, including an area source, subject to a standard, limitation, or other
requirement under section 111 of the Act (i.e., New Source Performance Standards
[NSPS] regulations). However, non-major sources subject to section 111 of the Act are
exempt from the obligation to obtain a part 70 permit until such time that the
Administrator completes a rulemaking to determine how the program should be
structured for non-major sources;
    (C) Any source, including an area source, subject to a standard or other requirement under
section 112 of the Act (i.e., hazardous air pollutant regulations), except that a source is
not required to obtain a permit solely because it is subject to regulations or requirements
under section 112(r) of the Act;
    (D) Any source subject to Arkansas Pollution Control and Ecology Commission’s
Regulation No. 19, Chapter 9;
    (E) Any acid rain source (which shall be permitted in accordance with the provisions of the
federal acid rain program); and
    (F) Any source in a source category designated by the Administrator pursuant to this section.
*******end AR Reg. 26.302 SIP effective September 23, 2019 (ARd33-6)*****zzc****

*end Arkansas Regulation No. 26, Chapter 3 SIP effective September 23, 2019 (ARd33)*a33*