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

CHAPTER 4:  APPLICATIONS FOR PERMITS
As adopted by the Arkansas Pollution Control & Ecology Commission on July 21, 2000, effective August 10, 2000.
Approved by EPA October 9, 2001 (66 FR 51312) effective December 10, 2001.

NOTE TO READER --- Error on page 66 FR 51317 of the October 9, 2000, Federal Register:  the entry for “Section 26.409, Confidential Information” should read “Section 26.409, Applicant's duty to supplement or correct application”.

Outline of SIP-Approved Sections:
Section 26.401.  Duty to apply
Section 26.402.  Standard application form and required information
Section 26.407.  Complete application
Section 26.409.  Applicant's duty to supplement or correct application
Section 26.410.  Certification by responsible official

NOTE: “Act” used in this chapter is defined in Chapter 2 as the [Federal] Clean Air Act, as amended 42 U.S.C. 7401, et seq.


Section 26.401.  Duty to apply

For each source subject to 40 CFR part 70, as promulgated July 21, 1992 and last modified October 22, 1997, the owner or operator shall submit a timely and complete permit application (on forms supplied by the Department) in accordance with this section.


Section 26.402.  Standard application form and required information

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 Regulation 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 subsection (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 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 paragraph (3) of this section 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 or 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 §26.701(I) or to define permit terms and conditions implementing §26.802 or §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 or 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 noncompliance 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 noncompliance 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 §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


Section 26.407.  Complete application

To be deemed complete, an application must provide all information required by §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 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.


Section 26.409.  Applicant's duty to supplement or correct application 

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.


Section 26.410.  Certification by responsible official

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.