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Arkansas SIP: Reg 26, Chapter 6. Permit Review by the Public, Affected States, and EPA, SIP effective September 23, 2019 (ARd33)

Arkansas Pollution Control and Ecology Commission

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

CHAPTER 6: PERMIT REVIEW BY THE PUBLIC, AFFECTED STATES, AND EPA
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. 26.601 Applicability. ARd33-4
Reg. 26.602 Public participation. ARd33-6
Reg. 26.603 Transmission of permit information to the Administrator. ARd33-6
Reg. 26.604 Review of draft permit by affected States. ARd33-6
****end Chapter 6 outline****

Reg. 26.601 Applicability. 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 361.
Approved by EPA August 23, 2019 (84 FR 44235) SIP effective September 23, 2019 (ARd33),
Regulations.gov docket EPA-R06-OAR-2019-0301 [AR029].

     All initial permits, renewal permits, and significant permit modifications shall meet the permit
review requirements of this chapter.
*******end AR Reg. 26.601 SIP effective September 23, 2019 (ARd33-4)*****zzc****

Reg. 26.602 Public participation. 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 995.
Approved by EPA August 23, 2019 (84 FR 44235) SIP effective September 23, 2019 (ARd33),
Regulations.gov docket EPA-R06-OAR-2019-0301 [AR029].

    All initial permit issuances, significant modifications, minor modifications, and renewals shall
afford the public the opportunity to comment.
    (A) Public notice shall be given:
        (1) By publication of notice of application receipt by the Department, in a newspaper
of general circulation in the county in which the proposed facility or activity is to
be located, in accordance with the Arkansas Pollution Control and Ecology
Commission’s Regulation Number 8, Administrative Procedures (Regulation No. 8)
(minor permit modification applications are exempt from this requirement). In
the event the local newspaper is unable or unwilling to publish the notice, notice
may be published in a newspaper in general circulation through the State;
        (2) By the availability for public inspection in at least one location in the area where
the source is located and in the Department's central offices of the permit
application submitted by the owner or operator and the Department's draft
permitting decision and analysis of the effect of the proposed emissions on air quality;
        (3) By publication of a notice of the Department's draft permitting decision in a
newspaper of general circulation in the county in which the proposed facility or
activity is to be located, in accordance with Regulation No. 8. In the event the
local newspaper is unable or unwilling to publish the notice, notice may be
published in a newspaper in general circulation through the State;
        (4) To the mayor of the community in which the source is located;
        (5) To the county judge of the county in which the source is located;
        (6) To persons on a mailing list developed by the Department, including those who
request in writing to be on the list; and
        (7) By other means if necessary to assure adequate notice to the affected public.
    (B) The notice of Reg. 26.602(A)(3) shall identify the affected facility; the name and address
of the permittee; the name and address of the Department; the activity or activities
involved in the permit action; the emissions change involved in any permit modification;
the name, address, and telephone number of a person from whom interested persons may
obtain additional information, including copies of the permit draft, the application, all
relevant supporting materials and all other materials available to the Department that are
relevant to the permit decision; a brief description of the comment procedures required by
this regulation; and a statement of procedures to request a hearing.
    (C) The Department shall provide such notice and opportunity for participation by affected
States as is provided for in this section.
    (D) The Department shall provide at least thirty (30) days for public comment on its draft
permitting decision and shall give notice of any public hearing at least thirty (30) days in
advance of the hearing.
    (E) The Department shall keep a record of the commenters and also of the issues raised
during the public participation process so that the Administrator may fulfill his obligation
under section 505(b)(2) of the Act to determine whether a citizen petition may be
granted, and such records shall be available to the public.
*******end AR Reg. 26.602 SIP effective September 23, 2019 (ARd33-6)*****zzd****

Reg. 26.603 Transmission of permit information to the Administrator. 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 996.
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) The Department shall provide to the Administrator a copy of each permit application
(including any application for permit modification), each proposed permit, and each final
part 70 permit. The applicant may be required by the Department to provide a copy of
the permit application (including the compliance plan) directly to the Administrator.
Upon agreement with the Administrator, the Department may submit to the Administrator
a permit application summary form and any relevant portion of the permit application and
compliance plan, in place of the complete permit application and compliance plan.
    (B) The Department shall keep for five (5) years such records and submit to the
Administrator such information as the Administrator may reasonably require to ascertain
whether the State program complies with the requirements of the Act or of 40 C.F.R. Part 70,
as promulgated July 21, 1992, and last modified June 3, 2010 (75 FR 31607).
*******end AR Reg. 26.603 SIP effective September 23, 2019 (ARd33-6)*****zzd****

Reg. 26.604 Review of draft permit by affected States. 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 996.
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) The Department shall give notice of each draft permit to any affected State on or before
the time that the Department provides this notice to the public, except to the extent that
minor permit modification procedures requires the timing of the notice to be different.
    (B) The Department, as part of the submittal of the proposed permit to the Administrator (or
as soon as possible after the submittal for minor permit modification procedures), shall
notify the Administrator and any affected State in writing of any refusal by the
Department to accept all recommendations for the proposed permit that the affected State
submitted during the public or affected State review period. The notice shall include the
Department's reasons for not accepting any such recommendation. The Department is
not required to accept recommendations that are not based on applicable requirements or
the requirements of 40 C.F.R. Part 70, as promulgated July 21, 1992, and last modified
June 3, 2010 (75 FR 31607).
*******end AR Reg. 26.604 SIP effective September 23, 2019 (ARd33-6)*****zzd****

*end Arkansas Regulation No. 26, Chapter 6 SIP effective September 23, 2019 (ARd33)*a33*