ARKANSAS REG #26 -- REGULATIONS OF THE ARKANSAS OPERATING AIR PERMIT PROGRAM

SECTION  3.  REQUIREMENT FOR A PERMIT, APPLICABILITY
As adopted by the Arkansas Pollution Control and Ecology Commission on July 23, 1993.

(Subsections below approved by EPA into the Arkansas SIP October 16, 2000 (65 FR 61103) effective November 15, 2000.)

(a)  Requirement for a permit.

     (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 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.

     (2)  No proposed new part 70 source shall begin construction prior to obtaining a part 70 permit.

     (3)  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 #19 until such time that an initial part 70 permit application is due from the source.

(b)  Sources subject to permitting.  The following sources shall be subject to permitting under these regulations:

     (1)  Any major source;

     (2)  Any source, including an area source, subject to a standard, limitation, or other requirement under section 111 of the Act (i.e., NSPS regs.).  However, nonmajor 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 nonmajor sources;

     (3) Any source, including an area source, subject to a standard or other requirement under section 112 of the Act (i.e., hazardous air pollutant regs.), 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 this Act;

     (4)  Any acid rain source (which shall be permitted in accordance with the provisions of the federal acid rain program); and

     (5)  Any source in a source category designated by the Administrator pursuant to this section.