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

SECTION  6.  PERMIT REVIEW BY THE PUBLIC, AFFECTED STATES, AND EPA
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)  All initial permits, renewal permits, and significant permit modifications shall meet the permit review requirements of this section.

(b)  Public participation.  All initial permit issuances, significant modifications, and renewals, shall afford the public the opportunity to comment.

     (1)  Public notice shall be given:

          (i)  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 information submitted by the owner or operator and the Department's analysis of the effect of the proposed emissions on air quality;

          (ii)  By publication in a newspaper of general circulation in the area where the source is located and in a State publication designed to give general public notice;

          (v)  To persons on a mailing list developed by the Department, including those who request in writing to be on the list.

     (4)  The Department shall provide at least 30 days for public comment and shall give notice of any public hearing at least 30 days in advance of the hearing.

(c)  Transmission of permit information to the Administrator.

     (1)  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.

     (2)  The Department shall keep for 5 years such records and submit to the Administrator such information as the may reasonably require to ascertain whether the State program complies with the requirements of the Act or of 40 CFR part 70.

(d)  Review of draft by affected States.

     (1)  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.

     (2)  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 CFR part 70.