Arkansas Pollution Control and Ecology Commission

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

CHAPTER 4: APPLICATIONS FOR PERMITS
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. 26.401 Duty to apply. ARd33-6
Reg. 26.402 Standard application form and required information. ARd33-6
Reg. 26.407 Complete application. ARd33-6
Reg. 26.409 Applicant's duty to supplement or correct application. ARd33-4
Reg. 26.410 Certification by responsible official. ARd33-4
****end Chapter 4 outline****

Reg. 26.401 Duty to apply. 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 987.
Approved by EPA August 23, 2019 (84 FR 44235) SIP effective September 23, 2019 (ARd33),
Regulations.gov docket EPA-R06-OAR-2019-0301 [AR029].

    For each source subject to 40 C.F.R. Part 70, as promulgated June 3, 2010 (75 FR 31607), the
owner or operator shall submit a timely and complete permit application (on forms supplied by
the Department) in accordance with this section.
*******end AR Reg. 26.401 SIP effective September 23, 2019 (ARd33-6)*****zzc***

Reg. 26.402 Standard application form and required information. 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 987.
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 Department shall provide a standard application form or forms and shall provide them to
part 70 sources upon request. Information as described below for each emissions unit at a part 70
source shall be required by the application form and included by the applicant in the application.
        (A) Insignificant activities which are exempted because of size or production rate, a list of
such insignificant activities must be included in the application.
        (B) An application may not omit information needed to determine the applicability of, or to
impose, any applicable requirement, or to evaluate the fee amount required by the
Arkansas Pollution Control and Ecology Commission’s Regulation Number 9, Fee
Regulation (Regulation No. 9). The Department may use discretion in developing
application forms that best meet program needs and administrative efficiency. The forms
and attachments chosen, however, shall include the elements specified below:
            (1) Identifying information, including company name and address (or plant name and
address if different from the company name), owner's name and agent, and
telephone number and names of plant site manager/contact;
            (2) A description of the source's processes and products (by Standard Industrial
Classification Code or the North American Industry Classification System)
including any associated with alternate scenario identified by the source;
            (3) The following emission-related information:
                (a) A permit application shall describe all emissions of regulated air pollutants
emitted from any emissions unit, except where such units are exempted
under Reg. 26.402(A). The Department shall require additional
information related to the emissions of air pollutants sufficient to verify
which requirements are applicable to the source, and other information
necessary to collect any permit fees owed under the fee schedule in
Regulation No. 9.
                (b) Identification and description of all points of emissions described above in
sufficient detail to establish the basis for fees and applicability of
requirements of the Act.
                (c) Emissions rate in tpy and in such terms as are necessary to establish
compliance consistent with the applicable standard reference test method.
                (d) The following information to the extent it is needed to determine or
regulate emissions: fuels, fuel use, raw materials, production rates, and
operating schedules.
                (e) Identification and description of air pollution control equipment and
compliance monitoring devices or activities.
                (f) Limitations on source operation affecting emissions or any work practice
standards, where applicable, for all regulated pollutants at the part 70
source.
                (g) Other information required by any applicable requirement (including
information related to stack height limitations developed pursuant to
section 123 of the Act).
                (h) Calculations on which the information in Reg. 26.402(B)(3) is based.
            (4) The following air pollution control requirements:
                (a) Citation and description of all applicable requirements, and
                (b) Description of or reference to any applicable test method for determining
compliance with each applicable requirement.
            (5) Other specific information that may be necessary to implement and enforce other
applicable requirements of the Act, of this part or to determine the applicability of
such requirements.
            (6) An explanation of any proposed exemptions from otherwise applicable
requirements.
            (7) Additional information as determined to be necessary by the Department to define
alternative operating scenarios identified by the source pursuant to Reg. 26.701(I)
or to define permit terms and conditions implementing Reg. 26.802 or Reg. 26.701(J).
            (8) A compliance plan for all part 70 sources that contains all the following:
                (a) A description of the compliance status of the source with respect to all
applicable requirements.
                (b) A description as follows:
                    (i) For applicable requirements with which the source is in
compliance, a statement that the source will continue to comply with such requirements.
                    (ii) For applicable requirements that will become effective during the
permit term, a statement that the source will meet such requirements on a timely basis.
                    (iii) For requirements for which the source is not in compliance at the
time of permit issuance, a narrative description of how the source will achieve compliance
with such requirements.
            (c) A compliance schedule as follows:
                    (i) For applicable requirements with which the source is in
compliance, a statement that the source will continue to comply with such requirements.
                    (ii) For applicable requirements that will become effective during the
permit term, a statement that the source will meet such requirements on a timely basis.
A statement that the source will meet in a timely manner applicable requirements that become
effective during the permit term shall satisfy this provision, unless a more detailed
schedule is expressly required by the applicable requirement.
                    (iii) A schedule of compliance for sources that are not in compliance
with all applicable requirements at the time of permit issuance.
Such a schedule shall include a schedule of remedial measures,
including an enforceable sequence of actions with milestones,
leading to compliance with any applicable requirements for which
the source will be in non-compliance at the time of permit
issuance. This compliance schedule shall resemble and be at least
as stringent as that contained in any judicial consent decree or
administrative order to which the source is subject. Any such
schedule of compliance shall be supplemental to, and shall not
sanction non-compliance with, the applicable requirements on
which it is based.
            (d) A schedule for submission of certified progress reports no less frequently
than every 6 months for sources required to have a schedule of compliance to remedy a violation.
            (e) The compliance plan content requirements specified in this paragraph
shall apply and be included in the acid rain portion of a compliance plan
for an affected source, except as specifically superseded by regulations
promulgated under title IV of the Act with regard to the schedule and
method(s) the source will use to achieve compliance with the acid rain
emissions limitations.
        (9) Requirements for compliance certification, including the following:
            (a) A certification of compliance with all applicable requirements by a
responsible official consistent with Reg. 26.410 and section 114(a)(3) of the Act;
            (b) A statement of methods used for determining compliance, including a
description of monitoring, recordkeeping, and reporting requirements and test methods;
            (c) A schedule for submission of compliance certifications during the permit
term, to be submitted no less frequently than annually, or more frequently
if specified by the underlying applicable requirement or by the Department; and
            (d) A statement indicating the source's compliance status with any applicable
enhanced monitoring and compliance certification requirements of the Act.
        (10) The use of nationally-standardized forms for acid rain portions of permit
applications and compliance plans, as required by regulations promulgated under
title IV of the Act.
    (C) Reserved
*******end AR Reg. 26.402 SIP effective September 23, 2019 (ARd33-6)*****zzd****

Reg. 26.407 Complete application. 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 991.
Approved by EPA August 23, 2019 (84 FR 44235) SIP effective September 23, 2019 (ARd33),
Regulations.gov docket EPA-R06-OAR-2019-0301 [AR029].

    To be deemed complete, an application must provide all information required by Reg. 26.402,
except that applications for permit revision need supply only that information related to the
proposed change. Unless the Department determines that an application is not complete within
sixty (60) days of receipt of the application, such application shall be deemed to be complete. If,
while processing an application that has been determined or deemed to be complete, the
Department determines that additional information is necessary to evaluate or take final action
on that application, it may request such information in writing and set a reasonable deadline for a
response.
*******end AR Reg. 26.407 SIP effective September 23, 2019 (ARd33-6)*****zzc****

Reg. 26.409 Applicant's duty to supplement or correct application. 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 357.
Approved by EPA August 23, 2019 (84 FR 44235) SIP effective September 23, 2019 (ARd33),
Regulations.gov docket EPA-R06-OAR-2019-0301 [AR029].

     Any applicant who fails to submit any relevant facts or who has submitted incorrect information
in a permit application shall, upon becoming aware of such failure or incorrect submittal,
promptly submit such supplementary facts or corrected information. In addition, an applicant
shall provide additional information as necessary to address any requirements that become
applicable to the source after the date it filed a complete application but prior to release of a draft
permit.
*******end AR Reg. 26.409 SIP effective September 23, 2019 (ARd33-4)*****zzc****

Reg. 26.410 Certification by responsible official. 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 358.
Approved by EPA August 23, 2019 (84 FR 44235) SIP effective September 23, 2019 (ARd33),
Regulations.gov docket EPA-R06-OAR-2019-0301 [AR029].

     Any application form, report, or compliance certification submitted pursuant to these regulations
shall contain certification by a responsible official of truth, accuracy, and completeness. This
certification and any other certification required under these regulations shall state that, based on
information and belief formed after reasonable inquiry, the statements and information in the
document are true, accurate, and complete.
*******end AR Reg. 26.410 SIP effective September 23, 2019 (ARd33-4)*****zzc****

*end Arkansas Regulation No. 26, Chapter 4 SIP effective September 23, 2019 (ARd33)*a33*