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

SECTION  5.  ACTION ON APPLICATIONS
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)  Action on part 70 permit applications.  A permit, permit modification, or permit renewal may be issued only if all of the following conditions have been met:

(1)  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.

(3)  The conditions of the permit provide for compliance with all applicable requirements and the requirements of this regulation; and

(4)  The Administrator has received a copy of the proposed permit and any notices required under section 6 and has not objected to issuance of the permit within the time period specified therein.

(b)  Final action on permit application.  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 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 Arkansas Code 8-4--311(15)(F).