Arkansas Pollution Control and Ecology Commission

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

CHAPTER 5: ACTION ON APPLICATIONS
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. 26.501 Action on part 70 permit applications. ARd33-4
Reg. 26.502 Final action on permit application. ARd33-6
****end Chapter 5 outline****

Reg. 26.501 Action on part 70 permit applications. 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 359.
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 permit, permit modification, or permit renewal may be issued only if all of the following
conditions have been met:
     (A) The Department has received a complete application for a permit, permit
modification, or permit renewal, except that a complete application need not be
received before issuance of a general permit.
     (B) Except for modifications qualifying for minor permit modification procedures
under Chapter 10 of Regulation No. 26, the Department has complied with the
requirements under Chapter 6 of Regulation No. 26 for public participation and
for notifying and responding to affected States.
     (C) The processing of the permit application and the conditions of the permit provide
for compliance with all applicable requirements and the requirements of this
regulation; and
     (D) The Administrator has received a copy of the proposed permit and any notices
required under Chapter 6 of Regulation No. 26 and has not objected to issuance of
the permit within the time period specified therein.
*******end AR Reg. 26.501 SIP effective September 23, 2019 (ARd33-4)*****zzb****

Reg. 26.502 Final action on permit 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 993.
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 take final action on each permit application (including a request for permit
modification or renewal) as expeditiously as practicable, but no later than eighteen (18) months
after receiving a complete application, unless a different time period is provided for in these
regulations (i.e., initial permitting of existing part 70 sources and minor permit modifications).
Failure of the Department to act upon an application shall not constitute approval of the permit
application. An aggrieved applicant may seek relief from Department inaction on a permit
application in accordance with the procedures of Ark. Code Ann. § 8-4-311 (b)(10)(F).
*******end AR Reg. 26.502 SIP effective September 23, 2019 (ARd33-6)*****zzc****

*end Arkansas Regulation No. 26, Chapter 5 SIP effective September 23, 2019 (ARd33)*a33*