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

CHAPTER 6:  PERMIT REVIEW BY THE PUBLIC, AFFECTED STATES, AND EPA
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.

Outline of SIP-Approved Sections:
Section 26.601.  [Untitled introduction to Chapter 6]
Section 26.602.  Public participation
Section 26.603.  Transmission of permit information to the Administrator
Section 26.604.  Review of draft permit by affected States

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 26.601.

All initial permits, renewal permits, and significant permit modifications shall meet the permit review requirements of this chapter.


Section 26.602.  Public participation 

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 Regulation #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)  NOT IN SIP;

          (4)  NOT IN SIP;

          (5)  To the county judge of the county in which the source is located;

          (6)  NOT IN SIP;

          (7)  NOT IN SIP.

     (B)  NOT IN SIP;

     (C)  NOT IN SIP;

     (D)  The Department shall provide at least 30 days for public comment on its draft permitting decision and shall give notice of any public hearing at least 30 days in advance of the hearing.
     (E)  NOT IN SIP.


Section 26.603.  Transmission of permit information to the Administrator

     (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 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 CFR part 70, as promulgated July 21, 1992 and last modified October 22, 1997.


Section 26.604.  Review of draft permit by affected States 

     (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 CFR part 70, as promulgated July 21, 1992 and last modified October 22, 1997.