Arkansas SIP-Approved Air Quality Control Regulations now in the Arkansas Code of Arkansas Rules (CAR) SIP effective February 25, 2026

Arkansas SIP-Approved Air Quality Control Regulations now in the Arkansas Code of Arkansas Rules (CAR) SIP effective February 25, 2026

Replacement of Arkansas EPA Approved Regulations in Arkansas State Implementation (SIP) as of February 24, 2026 with respective regulations in the new Arkansas Code of Rules (ACR) State effective December 31, 2025.

Approved by EPA January 26, 2026 (91 FR 3037). Regulations.gov docket EPA-R06-OAR-2025-0015, SIP effective February 25, 2026 

A copy of the rules approved by EPA is in Regulations.gov document EPA-R06-OAR-2025-0015-0003

AR042.03 Arkansas DEQ request for EPA Arkansas SIP-Approved rules in Rule 19 and Regulations 9, 26, and 31, be replaced in Arkansas SIP by the respective rules codified in the Code of Arkansas Rules (CAR), submitted to EPA via cover letter dated January 31, 2025 (AR-62), 204 pages 4.1 MB f1x
 https://www.regulations.gov/document/EPA-R06-OAR-2025-0015-0003

The EPA final approval is in Regulations.gov document EPA-R06-OAR-2025-0015-0006 
 https://www.regulations.gov/document/EPA-R06-OAR-2025-0015-0006

ARKANSAS CODE OF RULES (ACR), TITLE 8, ENVIRONMENTAL LAW,  SIP effective February 25, 2026

Chapter I. Arkansas Pollution Control and Ecology Commission, Department of Energy and Environment      3038                                                

Approved by EPA January 26, 2026 (91 FR 3037). Regulations.gov docket EPA-R06-OAR-2025-0015, SIP effective February 25, 2026 

Replaces the existing Arkansas EPA Approved Regulations in Arkansas State Implementation Plan (SIP)  with the respective regulations in the new Arkansas Code of Rules (ACR), Arkansas State effective December 31, 2025.

The four-digit numbers after each title are the amendatory language page numbers in the Final Rule Federal Register

The text of each section follows this list.
LIST OF SUBCHAPTERS AND PARTS
Subchapter B. Administration              3038
Part 12. Permit Fee Rules                        3038
Subpart 1. General Provisions             3038
Subpart 2. Permit Fee Payment 3039
Subpart 4. Air Permit Fees 3039
Subpart 8. Administrative Procedures 3039

Subchapter D. Air Quality 3039
Part 41: Rules of the Arkansas Plan of Implementation for Air Pollution Control
Subpart 1: Title, Intent and Purpose Definitions 3039
Subpart 2. Protection of the National Ambient Air Quality Standards 3040
Subpart 3. Minor Source Review                           3040
Subpart 4. General Emissions Limitations Applicable to Equipment 3041
Subpart 5. Upset and Emergency Conditions 3041
Subpart 6. Sampling, Monitoring, and Reporting Requirements 3041
Subpart 8. Prevention of Significant Deterioration Rules of the Arkansas Plan of Implementation for Air Pollution Control 3041
Subpart 9. Rules for the Control of Volatile Organic Compounds in Pulaski County 3041
Subpart 10. Major Source Permitting Procedures 3042
Subpart 12. Stage 1 Vapor Recovery       3042
Subpart 13. [Reserved]                                  3042
Subpart 14. Best Available Retrofit Technology  3042
Subpart 15. [Reserved]                                  3043
Appendix A: Insignificant Activities List 3043
Appendix B:  National Ambient Air Quality Standards List  3043

Part 42. Rules of the Arkansas Operating Air Permit Program 3043
Subpart 2. Requirement for a Permit—Applicability                3043
Subpart 3. Applications for Permits     3043
Subpart 4. Action on Applications        3043
Subpart 5. Permit Review by the Public, Affected States, and the Environmental Protection Agency 3043

Part 43. Nonattainment New Source Review Requirements 3044
Subpart 1. General Provisions             3044
Subpart 2. Preconstruction Review    3044
Subpart 3. Applicability Tests               3044
Subpart 4. [Reserved]                                  3045
Subpart 5. [Reserved]                                  3045
Subpart 6. [Reserved]                                 3045
Subpart 7. Actual PALs                              3045
Subpart 8. Effective Date                          3045
 ************end**********************

List of Sections

Arkansas Code of Rules (ACR) State effective December 31, 2025.
Title 8. Environmental Law 3038
Chapter 1. Arkansas Pollution Control and Ecology Commission, Department of Energy and Environment
Subchapter B. Administration          3038   
Part 12. Permit Fee Rules
Subpart 1. General Provisions          3038
8 CAR Section 12-101           Title
Subpart 1. General Provisions
     8 CAR § 12-101. Title.
     This part shall be known by and may be cited by the short title 8 CAR pt. 12, Permit Fee Rules.
Authority. Arkansas Code §§ 8-1-203, 8-2-204, 8-4-202, 8-4-203, 8-6-207.

     8 CAR § 12-102. Purpose.
     (a) It is the purpose of this part to develop and implement a system of fees for permits issued by
the Division of Environmental Quality pursuant to the provisions of the Arkansas Water and Air Pollution
Control Act, Acts 1949, No. 472, as amended, Arkansas Code § 8-4-101 et seq., or the Arkansas Solid
Waste Management Act, Acts 1971, No. 237, as amended, Arkansas Code § 8-6-201 et seq., Acts
1983, No. 817, as amended, Acts 1993, No. 1254, as amended, and Acts 1999, No. 1052, Arkansas
Code § 8-1-101 et seq., which authorize the collection and enforcement of these fees and authorize
their use to defray the costs of operating the division.
     (b) It is also the purpose of this part to assess reasonable fees to establish and to administer the
State Environmental Laboratory Certification Program Act, Acts 1985, No. 876, as amended,
Environmental Laboratory Accreditation Program Act, Arkansas Code§ 8-2-201 et seq.
Authority. Arkansas Code §§ 8-1-203, 8-2-204, 8-4-202, 8-4-203, 8-6-207

     8 CAR § 12-103. Definitions.
     NOT IN ARKANSAS SIP: Definitions of “Category”, “Certificate”, “Confined Animal Operation”, “Discretionary Major Facility”, “Evaluation”, “Laboratory”, “Major Municipal Facility”, “Non-Municipal Major Facility”, “Parameter”, and “Program”.
     (a) All terms used in this part shall have their usual meaning unless the context otherwise
requires or unless specifically defined in the enabling legislation or in federal regulations adopted by
reference for program management.
     (b) In addition, for purposes of this part, the following definitions apply:
          (1)(A)(i) “Administrative permit amendment” means a minor change or permit revision
that is not typically considered a permit modification, as defined by applicable statutes or rules, or a
minor modification that does not require public notice and opportunity for comment.
                    (ii) For example, typographical corrections or revisions, or other changes
initiated by the Division of Environmental Quality, might be considered administrative permit
amendments.
                    (iii) Some minor changes requested by the permittee may also qualify as
administrative permit amendments.
               (B) For purposes of Subpart 4 of this part, administrative permit amendments are
defined in 8 CAR pt. 40, 8 CAR pt. 41, and 8 CAR pt. 42.
               (C) The Director of the Division of Environmental Quality, in his or her discretion,
may decide whether a revision would be considered an administrative amendment.
               (D) No fee will be charged for administrative permit amendments;
          (2) “Annual fee” means the fee required to be submitted upon the facility-specific annual
invoice date for a permit issued pursuant to the Arkansas Water and Air Pollution Control Act, Arkansas
Code § 8-4-101 et seq., as amended, or the Arkansas Solid Waste Management Act, Arkansas Code §
8-6-201 et seq., as amended;
          (3) “Category” means one (1) type of laboratory test or group of laboratory tests for
similar materials or classes of materials or that use similar methods or related methods;
          (4)(A) “Certificate” means the annual document showing those parameters for which a
laboratory has received certification.
               (B) The annual period begins at receipt of fee payments or at the expiration of a
current certificate;
          (5) “Commission” means the Arkansas Pollution Control and Ecology Commission;
          (6) “Confined animal operation” means any lot or facility where livestock or fowl have
been, are, or will be stabled or confined and fed or maintained, and where crops, vegetation, forage
growth, or post-harvest residues are not sustained in the normal growing season over any significant
portion of the lot or facility;
          (7) “Director” means the Director of the Division of Environmental Quality or his or her
designated representative;
          (8)(A) “Discretionary major facility” means an industrial facility discharging wastewater
under the terms of a National Pollutant Discharge Elimination System (NPDES) permit that does not
meet the numerical rating criteria as an NPDES nonmunicipal major facility, but is designated as a
major permittee by the Division of Environmental Quality or the United States Environmental Protection
Agency.
               (B) Such facilities are assigned a major rating code (MRAT) greater than five
hundred (500);
          (9) “Division” means the Division of Environmental Quality or its successor;
          (10) “EPA” means the United States Environmental Protection Agency;
          (11) “Evaluation” means a review of the quality control and quality assurance
procedures, records keeping, reporting procedures, methodology, and analytical techniques of a
laboratory for measuring or establishing specific parameters;
          (12)(A)(i) “Facility” means an activity or operation within a specific geographical location
including property contiguous thereto.
                         (ii) A facility may consist of several manufacturing, treatment, storage, or
disposal operational units.
               (B)(i) For purposes of this part, a facility shall be considered to be all property,
facilities, or operations owned, leased, or operated by a single entity, whether a municipal, county, or
state government, corporation, partnership, or proprietorship in the same geographical area, forming an
integral part of the same activity or operation, whether or not such activity lies within the boundaries of
the city or county.
                         (ii) For purposes of permit fee assessment only, such property, facilities,
or operations shall be considered as a single facility if they are regulated by a common state or federal
permit within each permit category, or in the future such consolidation of multiple permits can be
realized within the scope of applicable permitting regulations, and the facilities or operations are under
the supervision of a single plant manager/superintendent;
          (13) “Initial fee” means the fee that is required by law to be submitted with all
applications for permits issued pursuant to the Arkansas Water and Air Pollution Control Act, Arkansas
Code § 8-4-101 et seq., as amended, and the Arkansas Solid Waste Management Act, Arkansas Code
§ 8-6-201 et seq., as amended, and that must be received by the Division of Environmental Quality
before a permit is issued;
          (14) “Issue date” means the date the Division of Environmental Quality signed the
permit;
          (15) “Laboratory” means any facility that performs:
               (A) Analyses to determine the chemical, physical, or biological properties of air,
water, solid waste, hazardous waste, wastewater, soil, or subsoil materials; or
               (B) Any other analyses related to environmental quality evaluations;
          (16) “Major municipal facility” means a publicly owned treatment works (POTW) with a
design flow or daily average flow of one million (1,000,000) gallons per day (mgd) or greater, or a
POTW designated as a major facility by the Division of Environmental Quality or United States
Environmental Protection Agency;
          (17)(A) “Modification fee” means that fee required by law to be submitted for modification
of any existing or future permit required by the Arkansas Water and Air Pollution Control Act, Arkansas
Code § 8-4-101 et seq., as amended, or the Arkansas Solid Waste Management Act, Arkansas Code §
8-6-201 et seq., as amended, such modification being either at the request of the permittee or as
required by law or rule.
               (B) The fee may vary if the permit modification or renewal is considered to be a
minor or major modification, as defined in applicable statutes or rules, or otherwise determined by the
Director of the Division of Environmental Quality;
          (18)(A) “Nonmunicipal major facility” means a facility subject to the National Pollution
Discharge Elimination System (NPDES) whose status is determined following completion of an NPDES
Permit Rating Worksheet (current version) in which points are allocated on the basis of:
(i) Toxic pollutant potential;
(ii) Permitted flow or the ratio of wastewater to stream flow volume;
(iii) Conventional pollutants mass loadings;
(iv) Public health impacts (including proximity to drinking water supplies
and potential for human health toxicity); and
(v) Water quality factors.
(B) Additional points can be assessed for certain steam electric power plants or
for separate storm sewers serving a population greater than one hundred thousand (100,000).
(C)(i) The total points accumulated is known as the major rating code, or MRAT,
which is the numeric total of ranking points assigned to nonmunicipal facilities and used to delineate
them as a major or minor facility.
(ii) Currently, a facility with an MRAT of eighty (80) points or more is
designated as a “nonmunicipal major facility”.
(iii) Additionally, the United States Environmental Protection Agency or
the Division of Environmental Quality may designate an NPDES permittee as a “discretionary major
facility”.
(D) Once an MRAT for a major facility is calculated and approved by the United
States Environmental Protection Agency, the Division of Environmental Quality may recommend
increases or decreases to an MRAT, but only the United States Environmental Protection Agency is
authorized to change an individual permittee’s MRAT or designation as a “major” facility;
(19) “Non-Part 70 permit” means an air permit that is issued pursuant to a regulation
other than Part 70 of Title 40 of the Code of Federal Regulations, 40 C.F.R. pt. 70;
(20) “Parameter” means the characteristic or characteristics of a laboratory sample
determined by an analytic laboratory testing procedure;
(21) “Part 70 permit” means an air permit that is issued pursuant to 40 C.F.R. pt. 70;
(22) “Program” means the Environmental Laboratory Accreditation Program;
(23) “Q” or “quantity” means the permitted flow expressed in one million (1,000,000)
gallons per day (mgd), as used in formulas for calculating water permit fees under Subpart 3 of this
part; and
(24)(A) “Renewal permit” means a permit issued to a facility upon expiration of an
existing permit.
(B) A modification fee may be assessed, depending upon whether the renewal is
considered to be a minor or major modification, as defined in applicable statutes or rules, or otherwise
determined by the Director of the Division of Environmental Quality.
Authority. Arkansas Code §§ 8-1-203, 8-2-204, 8-4-202, 8-4-203, 8-6-207.
 

8 CAR Section 12-104           Applicability
(1) All water permits, including no-discharge and closed system permits, issued under
the provisions of the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq.,
as amended;
(2) All air permits issued under the Arkansas Water and Air Pollution Control Act, as
amended;
(3) Any federal water or air permit program where permitting authority has been
delegated to the Division of Environmental Quality (unless fees for such a program are otherwise
provided by law); and
(4) All solid waste disposal permits issued under the provisions of the Arkansas Solid
Waste Management Act, Arkansas Code § 8-6-201 et seq., as amended, and the Solid Waste
Management Rules, 8 CAR pt. 60.
(b) Facilities operating under the provisions of the “Permits by Rule” or “Authorization by Rule”
are exempt from this part until such time that the facility submits an application for an individual permit
within each applicable permit category.
(c)(1) Laboratory certification fees established by this part shall be applicable to all laboratories
certified by the division.
(2) The fees include, but are not limited to, the reasonable costs of administering the
provisions of the program and the reasonable administrative costs of initial issuance, initial certificate,
renewed certificates, and the expenses associated with conducting evaluations.
Authority. Arkansas Code §§ 8-1-203, 8-2-204, 8-4-202, 8-4-203, 8-6-207.
Codification Notes. Permits by rule are authorized by Arkansas Code § 8-4-203. Provisions pertaining
to permits by rule or authorization by rule are also included in 8 CAR pt. 25 and 8 CAR pt. 27, State
Water Permit Rule.





8 CAR Section 12-105           Severability
8 CAR § 12-105. Severability.
If any provision of this part or the application thereof to any person or circumstance is held
invalid, its invalidity shall not affect other provisions or applications of this part that can be given effect
without the invalid portion or application, and to this end the provisions of this part are declared to be
severable.
Authority. Arkansas Code §§ 8-1-203, 8-2-204, 8-4-202, 8-4-203, 8-6-207.

 

Subpart 2. Permit Fee Payment 3039

8 CAR Section 12-201           Permit fee payment
Subpart 2. Permit Fee Payment
8 CAR § 12-201. Permit fee payment.
(a) Fee calculation. The applicant may calculate the initial permit application fee or permit
modification fee and include it with the permit application, or the applicant may request that the Division
of Environmental Quality calculate the fee after reviewing the application and forward an invoice to the
applicant for payment.
(b) Fee payment.
(1) Applicable permit fees shall be paid by check or money order payable to the division
for deposit in the State Treasury.
(2) The permit shall not be issued until the fee is received by the division.
(c) Annual fee payment.
(1) Annual fees shall be due forty-five (45) days after the first day of the month that the
permittee is billed for the required annual fee.
(2) Failure to receive this bill does not relieve the permittee from liability for the annual
fee, but late charges shall not be assessed until forty-five (45) days after the permittee has been
notified that the annual fee is due.
(3) The Director of the Division of Environmental Quality may waive annual fees or a
portion thereof for new facilities that are not in operation unless the waiver is otherwise prohibited by
state or federal law.
(d) Failure to pay annual fees.
(1) A permitted facility failing or refusing to pay the annual fee in a timely manner shall
be subject to a late payment charge as established in this part.
(2) Continued failure or refusal to pay the required fees after a reasonable notice shall
constitute grounds for legal action by the division that may result in revocation of the permit.
(3) When payment of fees is made by check that is subsequently returned due to
insufficient funds, all review work on the particular application shall immediately cease until the fee is
paid in cash or by money order.
(e) First annual fee payment.
(1) The annual fee shall be assessed upon the facility-specific annual invoice date.
(2) The division shall credit the first annual fee on a prorated basis if the initial fee for the
permit was assessed within twelve (12) months of the first annual fee for the permit.
(3) The division may credit the annual fee on a prorated basis if a modification fee for the
permit was assessed within twelve (12) months of the annual fee for the permit.
(f) Annual fee late payment charge.
(1) A late payment charge shall be assessed to facilities failing to pay the annual fee
within forty-five (45) days of the billing date and shall be assessed at the rate of ten percent (10%) of
the annual fee.
(2) Late payment charge equals ten percent (10%) of annual fee.
Authority. Arkansas Code §§ 8-1-203, 8-2-204, 8-4-202, 8-4-203, 8-6-207.
 

8 CAR Section 12-202           Refunds
8 CAR § 12-202. Refunds.
(a) Except for pre-site investigation fees and interim authority or variance application fees as
described in Subparts 5 and 6 of this part, up to forty percent (40%) of a fee submitted pursuant to this
part is refundable if the request for the permit action for which the fee was submitted is withdrawn by
the applicant before the final permit decision.
(b) The Director of the Division of Environmental Quality has the discretion to retain as much of
the above-cited forty percent (40%) as he or she determines is necessary to cover the reasonable
administrative and technical review costs incurred in the review process.
Authority. Arkansas Code §§ 8-1-203, 8-2-204, 8-4-202, 8-4-203, 8-6-207

Subpart 4. Air Permit Fees 3039

8 CAR Section 12-401           Applicability
Subpart 4. Air Permit Fees
8 CAR § 12-401. Applicability.
The air permit fees contained in this section are applicable to:
(1) Non-Part 70 permits;
(2) Part 70 permits; and
(3) General permits.
Authority. Arkansas Code §§ 8-1-103, 8-4-311.

8 CAR Section 12-402           Terms used in fee formulas
8 CAR § 12-402. Terms used in fee formulas.
(a)(1) The $/ton factor is sixteen dollars per ton ($16/ton) until September, 1994, after which
time it shall be increased annually by the percentage, if any, by which the federal consumer price index
exceeds that of the previous year.
(2) The Director of the Division of Environmental Quality may, after considering the
factors contained in 8 CAR § 12-801, decide not to increase the $/ton factor in a year when the fee fund
has a balance greater than one hundred fifty percent (150%) of the amount of money expended from
that fund in the previous year.
(b)(1) Tons/year predominant air contaminant is the permitted emission rate of the most
predominant air contaminant (other than carbon monoxide, carbon dioxide and methane).
(2) The maximum value shall be no greater than four thousand (4,000) tons/year per
facility.
(c)(1) Tons/year chargeable emissions is the sum of the permitted emission rates of all air
contaminants (other than carbon monoxide, carbon dioxide and methane).
(2) The maximum value per air contaminant shall not exceed four thousand (4,000)
tons/year per facility.
Authority. Arkansas Code §§ 8-1-103, 8-4-311.

8 CAR Section 12-403           Initial fees

8 CAR Section 12-404           Annual fees
8 CAR § 12-403. Initial fees.
(a) Initial fees shall be assessed according to the following formulas.
(b)(1) Non-Part 70 permits:
Initial fee = $/ton factor x tons/year predominant air contaminant
(2) Provided, however, no initial fee shall be less than five hundred dollars ($500)
except for general permits issued to Non-Part 70 sources.
(c) Part 70 permits.
(1)(A) Permits issued to Part 70 sources already holding an active air permit not
issued pursuant to 8 CAR pt. 42:
Initial fee = [$/ton factor x tons/year chargeable emissions] – amount
of last annual air permit fee invoice
(B) Provided, however, that no initial fee shall be less than one thousand
dollars($1,000).
(2)(A) Permits issued to Part 70 sources that do not hold an active air permit:
Initial fee = $/ton factor x tons/year chargeable emissions
(B) Provided, however, that no initial fee shall be less than the $/ton factor x 100.
Authority. Arkansas Code §§ 8-1-103, 8-4-311.
8 CAR § 12-404. Annual fees.
(a) Annual fees shall be assessed according to the following formulas:
(b)(1) Non-Part 70 permits:
Annual fee = $/ton factor x tons/year predominant air contaminant
(2) Provided, however, that no annual fee shall be charged for a permit in which the
tons/year predominant air contaminant is less than ten (10) tons/year.
(c)(1) Part 70 permits:
Annual fee = $/ton factor x tons/year chargeable emissions
(2) Provided, however, that no annual fee shall be less than the $/ton factor x 100.
Authority. Arkansas Code §§ 8-1-103, 8-4-311.
8 CAR Section 12-405            Modification fees
8 CAR § 12-405. Modification fees.
(a) Modification and renewal fees for air permits shall be assessed according to the following
formulas.
(b)(1) Non-Part 70 permits:
Modification fee = $/ton factor x tons/year net emissions
increase of predominant air contaminant
(2) However, no modification fee shall be less than four hundred dollars ($400), or
more than the $/ton factor x by 4,000.
(c) Part 70 permits.
(1)(A) For each nonminor permit modification or each renewal permit involving a
nonminor permit modification:
Fee = $/ton factor x tons/year net emission increase of chargeable
emissions
(B) However, no fee shall be less than one thousand dollars ($1,000) or
more than the $/ton factor x by 4,000.
(2) A fee of five hundred dollars ($500) for each minor permit modification or each
renewal permit involving only a minor permit modification.
Authority. Arkansas Code §§ 8-1-103, 8-4-311.


8 CAR Section 12-406           Administrative permit amendments and renewal permits
8 CAR § 12-406. Administrative permit amendments and renewal permits.
There shall be no fee charged for administrative permit amendments or renewal permits not
involving a permit modification, as such are defined in 8 CAR pt. 42, Arkansas Operating Air Permit
Program, 8 CAR pt. 41, State Implementation Plan for Air Pollution Control, or 8 CAR pt. 40, Arkansas
Air Pollution Control Code, as applicable.
Authority. Arkansas Code §§ 8-1-103, 8-4-311





8 CAR Section 12-407            General permits
8 CAR § 12-407. General permits.
(a)(1) In lieu of the fees schedules in this subpart, and except as provided in subsection (b) of
this section, sources that qualify for a general air permit issued pursuant to 8 CAR pt. 40, 8 CAR pt. 41,
or 8 CAR pt. 42 shall be subject to an initial fee and annual fee as described below.
(2) The initial fee of two hundred dollars ($200) shall be remitted with the notice of intent
(NOI) for coverage under the applicable general permit.
(3) Until a notice of termination (NOT) is submitted and approved by the Division of
Environmental Quality, the permittee shall be billed two hundred dollars ($200) annually thereafter on
the anniversary date of coverage.
(4) When general permits are revised, no additional initial fee shall be required to be
submitted if the currently permitted facility has maintained coverage under the existing general permit.
(b) The following general permit holders shall not be assessed or billed an annual fee:
(1) Non-Part 70 general permits in which the tons/year predominant air contaminant
is less than ten (10) tons per year.
Authority. Arkansas Code §§ 8-1-103, 8-4-311.


8 CAR Section 12-408            Permit fees for certain small business subject to part 70 permitting requirements
8 CAR § 12-408. Permit fees for certain small business subject to Part 70 permitting
requirements.
(a) For purposes of this section, the term “small business stationary source” means a stationary
source that is:
(1) Owned or operated by a person that employs one hundred (100) or fewer individuals;
(2) A small business concern as defined in the federal Small Business Act
(www.sba.gov);
(3) Not a major stationary source;
(4) Permitted to emit less than fifty (50) tons per year of any regulated pollutant; and
(5) Permitted to emit less than seventy-five (75) tons per year of all regulated pollutants.
(b) Upon written request, the Director of the Division of Environmental Quality may reduce the
Part 70 initial, Part 70 annual, or Part 70 modification fee for a small business stationary source if the
source demonstrates to the satisfaction of the director that they do not have the financial resources to
pay the fee as calculated.
(c) When reducing permit fees in accordance with subsection (b) of this section, the director
shall calculate the fee as if the source is a non-Part 70 source.
Authority. Arkansas Code §§ 8-1-103, 8-4-311.
Codification Notes. The Small Business Act was enacted in Pub. L. No. 85-536.

Subpart 8. Administrative Procedures 3039
8 CAR Section 12-801            Division review of fees
Subpart 8. Administrative Procedures
8 CAR § 12-801. Division review of fees.
(a) The Division of Environmental Quality shall undertake a biennial reevaluation of the permit
fee schedule as contained in this part within sixty (60) days of receiving its approved budget for the next
biennium.
(b) The evaluation shall reflect:
(1) The current needs of the division to perform essential permitting, compliance,
enforcement, and monitoring activities;
(2) The resources available;
(3) The balance of the permit fee fund from the previous biennium;
(4) Anticipated state and federal appropriations;
(5) Status of delegation of federal programs; and
(6) Any other factors deemed relevant to the study by the division.
Authority. Arkansas Code §§ 8-1-103, 8-2-204, 8-4-202, 8-4-311, 8-6-207.

8 CAR Section 12-802            Appeals
8 CAR § 12-802. Appeals.
If any applicant/permittee disagrees with the Division of Environmental Quality’s decision on an
assessment of fees, the applicant/permittee may appeal the decision in accordance with the applicable
provisions of the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., the
Arkansas Solid Waste Management Act, Arkansas Code § 8-6-201 et seq., the Environmental
Laboratory Accreditation Program Act, Arkansas Code § 8-2-201 et seq., and 8 CAR pt. 11,
Administrative Procedures.
Authority. Arkansas Code §§ 8-1-103, 8-2-204, 8-4-202, 8-4-311, 8-6-207.


8 CAR Section 12-803            Effective date

8 CAR § 12-803. Effective date.
This rule is effective ten (10) days after filing with the:
(1) Secretary of State;
(2) Arkansas State Library; and
(3) Bureau of Legislative Research.
Authority. Arkansas Code §§ 8-1-103, 8-2-204, 8-4-202, 8-4-311, 8-6-207.


Chapter 1. Arkansas Pollution Control and Ecology Commission, Department of Energy and Environment
Subchapter D. Air Quality 3039
Part 41: Rules of the Arkansas Plan of Implementation for Air Pollution Control
Subpart 1: Title, Intent and Purpose Definitions 3039
8 CAR Section 41-101            Title
Subpart 1. Title, Intent, and Purpose — Definitions
8 CAR § 41-101. Title.
The following part, adopted in accordance with the provisions of Subchapter 2 of the
Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-201 et seq., shall be known
as “Rules of the Arkansas Plan of Implementation for Air Pollution Control”, hereinafter
referred to as “8 CAR pt. 41”.
Authority. Arkansas Code § 8-4-311.

8 CAR Section 41-102            Applicability

      This part is applicable to any stationary source that has the potential to emit any
federally regulated air pollutant.

Authority. Arkansas Code § 8-4-311.
 

      8 CAR § 41-103. Intent and construction.
      (a)(1) The purpose and intent of this part, as amended, is to provide a clear delineation
of those rules that are promulgated by the Arkansas Pollution Control and Ecology Commission
in satisfaction of certain requirements of the Clean Air Act, and the federal regulations
stemming therefrom.
          (2) Federal programs that the Division of Environmental Quality is responsible for
             administering include, but are not limited to:
                    (A) The attainment and maintenance of the national ambient air quality
standards (40 C.F.R. pt. 50);
                   (B) Certain delegated subparts of the new source performance standards
(40 C.F.R. pt. 60);
                   (C) Provisions designed for the prevention of significant deterioration (40
C.F.R. § 52.21);
                   (D) Minor new source review as described in Subpart 3 of this part (40
C.F.R. pt. 51); and
                   (E) Certain delegated subparts of the national emission standards for
hazardous air pollutants (40 C.F.R. pts. 61 and 63).
              (3) This subsection shall not be construed as limiting the future delegation of
federal programs to the division for administration.
         (b)(1) This part, as amended, is further intended to limit the federal enforceability of its
requirements to only those mandated by federal law.
              (2) This part, as amended, is also intended to facilitate a permit system for
stationary sources within the state, which permit shall provide which provisions are federally
enforceable and which provisions are state enforceable.
         (c)(1) This part, as amended, presumes a single-permit system, encompassing both
federal and state requirements.
              (2) A regulated facility that is subject to permitting under this part shall be
required to apply for and comply with only one (1) permit, even though that permit may
contain conditions derived from the federal mandates contained in this part, as well as
conditions predicated solely on state law.
              (3) This part, through construction or implication, shall not support the
conclusion that all conditions of a permit have become federally enforceable because the
permit contains provisions derived from this part.
              (4) Permits or permit conditions issued under the authority of state law, or
enforcement issues arising out of state law, shall not be federally enforceable.
         (d)(1) To the extent consistent with state law and efficient protection of the state’s air
quality, this part shall be construed in a manner that promotes:
                    (A) A streamlined permitting process;
                    (B) Mitigation of regulatory costs; and
                    (C) Flexibility in maintaining compliance with federal mandates.
             (2) Any applicable documents (e.g., “White Papers”, regulatory preambles, or
interpretive memoranda) issued by the United States Environmental Protection Agency that are
consistent with this part and the legislative intent of state laws governing air pollution control
(Arkansas Code § 8-4-301 et seq.) are aids for construing the requirements of this part.
             (3) Any procedure applicable to major sources that promotes operational
flexibility are presumed to be authorized by this part unless manifestly inconsistent with its
substantive terms.
      (e) Nothing in this part shall be construed as curtailing the division’s or commission’s
authority under state law.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-104. Severability.
     (a) If any provision of this part is determined to be invalid, such invalidity shall not affect
other provisions of this part.
     (b) If federal legislation or a federal court stays, invalidates, delays the effective date of,
or otherwise renders unenforceable, in whole or in part, the United States Environmental
Protection Agency’s regulation of greenhouse gases, then the provisions of this part concerning
greenhouse gases based thereon shall be stayed and shall not be enforceable until such time as
the Arkansas Pollution Control and Ecology Commission makes a final decision on whether or
not to revise this part due to the federal legislation or federal court order.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-105. Incorporation by reference.
     Unless a contrary intent is expressly stated, any adoption or descriptive reference to a
law or federal regulation shall be construed as though the reference law were set forth in this
part line-by-line, word-for-word as it existed on the effective date of this part.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-106. Definitions.
     (a) Terms and phrases used in this part that are not explicitly defined herein shall have
the same meaning as those terms that are used in the Clean Air Act.
     (b) For purposes of this part:
          (1) “Actual emissions” means the quantity of federally regulated air pollutants
emitted from a stationary source considering emissions control equipment and actual hours of
source operation or amount of material processed;
          (2) “Clean Air Act” means the federal Clean Air Act, as amended, 42 U.S.C. § 7401
et seq.;
          (3)(A) “CO2 equivalent emissions” means an amount of greenhouse gases
emitted, and shall be computed by multiplying the mass amount of emissions in tons per year,
for each of the six (6) greenhouse gases in the pollutant greenhouse gases, by the gas’s
associated global warming potential published at Table A-1 to Subpart A of 40 C.F.R. pt. 98,
“Global Warming Potentials”, and summing the resultant value for each to compute a tons-peryear
of CO2 equivalent emissions.
               (B) Table A-1 to Subpart A of 40 C.F.R. pt. 98 is incorporated by reference
as of January 1, 2015;
          (4) “Commission” means the Arkansas Pollution Control and Ecology
Commission;
          (5) “Construction” means fabrication, erection, or installation of equipment (see
also 40 C.F.R. § 60.2, 40 C.F.R. § 51.165, and 40 C.F.R. § 52.21);
          (6) “Control apparatus” means any device that prevents, controls, detects, or
records the emission of any federally regulated air pollutants;
          (7)(A) “Division” means the Division of Environmental Quality, or its successor.
               (B) When reference is made in this part to actions taken by or with
reference to the Division of Environmental Quality, the reference is to the staff of the Division
of Environmental Quality acting at the direction of the Director of the Division of Environmental
Quality;
          (8) “Director” means the Director of the Division of Environmental Quality, or its
successor, acting directly or through the staff of the Division of Environmental Quality;
          (9) “Emission limitation” and “emission standard” mean a requirement
established by the Division of Environmental Quality or the Administrator of the United States
Environmental Protection Agency that limits the emissions of federally regulated air pollutants
on a continuous basis, including any requirements that limit the level of opacity, prescribe
equipment, set fuel specifications, or prescribe operation or maintenance procedures for a
source to assure continuous emission reduction;
          (10) “Emission unit” means any article, machine, equipment, operation, or
contrivance that emits or has the potential to emit any federally regulated air pollutant;
          (11) “EPA” means the United States Environmental Protection Agency;
          (12) “Equipment” means any device, except equipment used for any mode of
vehicular transportation, capable of causing the emission of a federally regulated air pollutant
into the open air, and any stack, conduit, flue, duct, vent, or similar device connected or
attached to or serving the equipment;
          (13) “Federally regulated air pollutant” means the following:
               (A) Nitrogen oxides or any volatile organic compounds;
               (B) Any pollutant for which a national ambient air quality standard has
been promulgated;
               (C) Except as provided in subdivision (b)(13)(E) of this section, any
pollutant that is subject to any standard promulgated under the Clean Air Act, as of the
effective date of this part;
               (D) Any Class I or II substance subject to a standard promulgated under or
established by Title VI of the Clean Air Act, as of the effective date of this part; and
               (E) Greenhouse gases, except that greenhouse gases shall not be a
federally regulated air pollutant unless the greenhouse gas emissions are:
                    (i) From a stationary source emitting or having the potential to
emit seventy-five thousand (75,000) tons per year or more of CO2 equivalent emissions; and
                    (ii) Regulated under Subpart 8 of this part;
          (14)(A) “Fugitive emissions” means those emissions that could not reasonably
pass through a stack, chimney, vent, or other functionally equivalent opening.
               (B) Those emissions are those that, according to customary and good
engineering practice, considering technological and economic feasibility, could not pass
through a stack, chimney, vent, or other functionally equivalent opening, except that the
Division of Environmental Quality will utilize the definition of fugitive emissions for those
industries for which an approved United States Environmental Protection Agency definition
exists under federal law or regulation and that are meeting that law or regulation;
          (15) “Greenhouse gases” means the aggregate group of six (6) greenhouse gases:
               (A) Carbon dioxide;
               (B) Nitrous oxide;
               (C) Methane;
               (D) Hydrofluorocarbons;
               (E) Perfluorocarbons; and
               (F) Sulfur hexafluoride;
          (16) “Hazardous air pollutant” means any air pollutant listed pursuant to § 112 of
the Clean Air Act as of the effective date of this part;
          (17) “Modification” means any physical change in, or change in the method of
operation of, a stationary source that increases the emission rate of any federally regulated air
pollutant over permitted rates or that results in the emission of a federally regulated air
pollutant not previously emitted, except that:
               (A) Routine maintenance, repair, and replacement shall not be
considered a physical change; and
               (B) The following shall not be considered a change in the method of
operation:
                    (i) Any change in the production rate, if such change does not
exceed the permitted operating capacity of the source;
                    (ii) Any change in the hours of operation, as long as it does not
violate applicable air permit conditions; or
                    (iii) The use of an alternate fuel or raw material, as long as it does
not violate applicable air permit conditions.
               (C) De minimis changes, as defined in 8 CAR § 41-307(c), and changes in
ownership shall not be considered;
          (18) “National ambient air quality standards” means those ambient air quality
standards promulgated by the United States Environmental Protection Agency in 40 C.F.R. pt.
50 as of the effective date of the federal final rule published by the United States
Environmental Protection Agency in the Federal Register on October 26, 2015 (80 FR 65292), as
set forth in Appendix B of this part;
          (19) “National ambient air quality standards state implementation plan”, as
defined by Arkansas Code § 8-4-303, means a state implementation plan that specifies
measures to be used in the implementation of the state's duties under the Clean Air Act for the
attainment and maintenance of a specified national ambient air quality standard in each air
quality control region or portion of an air quality control region within the state;
          (20) “Opacity” means the degree to which air emissions reduce the transmission
of light and obscure the view of an object in the background;
          (21) “Operator” means any person who leases, operates, controls, or supervises
any equipment affected by this part;
          (22) “Owner” means any person who has legal or equitable title to any source,
facility, or equipment affected by this part;
          (23) “Part 70 source” means any stationary source subject to the permitting
requirements of Rules of the Arkansas Operating Air Permit Program, 8 CAR pt. 42;
          (24) “Particulate matter” means any airborne finely divided solid or liquid
material with an aerodynamic diameter equal to or less than one hundred (100) micrometers;
          (25) “Particulate matter emissions” means all particulate matter, other than
uncombined water, emitted to the ambient air as measured by applicable reference methods,
or an equivalent or alternate method, specified in 40 C.F.R. pt. 60, Appendix A, as of the
effective date of the federal final rule published by the United States Environmental Protection
Agency in the Federal Register on February 27, 2014 (79 FR 11257), or by a test method
specified in this part or any supplement thereto, with the exception of condensable particulate
matter;
          (26) “Person” means any individual or other legal entity or their legal
representative or assignee;
          (27) “PM2.5” means particulate matter with an aerodynamic diameter less than
or equal to a nominal two and one-half (2.5) micrometers as measured by a reference method
based on Appendix L of 40 C.F.R. pt. 50 as of the effective date of the federal final rule
published by the United States Environmental Protection Agency in the Federal Register on
October 17, 2006 (71 FR 61226), or by an approved regional method designated in accordance
with Appendix C of 40 C.F.R. pt. 53;
          (28) “PM2.5 emissions” means PM2.5 emitted to the ambient air as measured by
an applicable reference method, or an equivalent or alternate method, specified in 40 C.F.R. pt.
51, Appendix M, as of the effective date of the federal final rule published by the United States
Environmental Protection Agency in the Federal Register on April 2, 2014 (79 FR 18452), or by a
test method specified in this part or any supplement thereto;
          (29) “PM10” means particulate matter with an aerodynamic diameter less than or
equal to a nominal ten (10) micrometers as measured by a reference method based on
Appendix J of 40 C.F.R. pt. 50 as of the effective date of the federal final rule published by the
United States Environmental Protection Agency in the Federal Register on August 7, 1987 (52
FR 29467), or by an equivalent method designated in accordance with 40 C.F.R. pt. 53 as of
December 8, 1984;
          (30) “PM10 emissions” means PM10 emitted to the ambient air as measured by an
applicable reference method, or an equivalent or alternate method, specified in 40 C.F.R. pt.
51, Appendix M, as of the effective date of the federal final rule published by the United States
Environmental Protection Agency in the Federal Register on April 2, 2014 (79 FR 18452), or by a
test method specified in this part or any supplement thereto;
          (31)(A) “Potential to emit” means the maximum capacity of a stationary source
to emit a federally regulated air pollutant under its physical and operational design.
               B) Any physical or operational limitation on the capacity of the source to
emit a federally regulated air pollutant, including, but not limited to, air pollution control
equipment and restrictions on hours of operation or on the type or amount of material
combusted, stored, or processed, shall be treated as part of its design only if the limitation or
the effect it would have on emissions is enforceable to the extent it is regulated by the Clean
Air Act.
               (C) Secondary air emissions do not count in determining the potential to
emit of a stationary source;
          (32) “Responsible official” means one (1) of the following:
               (A) For a corporation, a president, secretary, treasurer, or vice president
of the corporation in charge of a principal business function, or any other person who performs
similar policy or decision-making functions for the corporation, or a duly authorized
representative or such person if the representative is responsible for the overall operation of
one (1) or more manufacturing, production, or operating facilities applying for or subject to a
permit and either:
                    (i) The facilities employ more than two hundred fifty (250)
persons or have gross annual sales or expenditures exceeding twenty-five million dollars
($25,000,000) in second quarter 1980 United States dollars; or
                    (ii) The delegation of authority to such representative is approved
in advance by the Division of Environmental Quality;
               (B) For a partnership or sole proprietorship, a general partner or the
proprietor, respectively;
               (C)(i) For a municipality, state, federal, or other public agency, either a
principal executive officer or ranking elected official.
                    (ii) For the purposes of this part, a principal executive officer of a
federal agency includes the chief executive officer having responsibility for the overall
operations of a principal geographic unit of the agency (e.g., a Regional Administrator of the
United States Environmental Protection Agency); or|
               (D) For acid rain sources:
                    (i) The designated representative insofar as actions, standards,
requirements, or prohibitions under Title IV of the Clean Air Act or the regulations promulgated
thereunder are concerned; and
                    (ii) The designated representative for any other purposes under Part 70;
          (33) “Rule 8” means Arkansas Pollution Control and Ecology Commission
Regulation No. 8 until it is amended to replace the term “regulation” with “rule.” After that
time, “Rule 8” means Arkansas Pollution Control and Ecology Commission Rule 8;
          (34) “Rule 18” means Arkansas Pollution Control and Ecology Commission
Regulation No. 18, until it is amended to replace the term “regulation” with “rule.” After that
time, “Rule 18” means Arkansas Pollution Control and Ecology Commission Rule 18;
          (35) “Rule 26” means Arkansas Pollution Control and Ecology Commission
Regulation No. 26, until it is amended to replace the term “regulation” with “rule.” After that
time, “Rule 26” means Arkansas Pollution Control and Ecology Commission Rule 26;
          (36) “Secondary emissions” means those emissions of federally regulated air
pollutants that, although associated with a source, are not emitted from the source itself;
          (37) “Shutdown” means the cessation of operation of equipment;
          (38) “Startup” means the setting in operation of equipment;
          (39) “State implementation plan”, as defined at Arkansas Code § 8-4-303, means
a plan that specifies measures to be used in the implementation of the state's duties under the
Clean Air Act, and that is developed by the Division of Environmental Quality and submitted to
the United States Environmental Protection Agency for review and approval;
          (40) “Stationary source” means any building, structure, facility, or installation
that emits or may emit any federally regulated air pollutant;
          (41)(A) “Title I modification” means any modification as defined under any
regulation promulgated pursuant to Title I of the Clean Air Act.
               (B) De minimis changes under this part, changes to state-only permit
requirements, administrative permit amendments, and changes to the insignificant activities list
are not Title I modifications;
          (42) “Twelve-month period” means a period of twelve (12) consecutive months
determined on a rolling basis with a new twelve-month period beginning on the first day of
each calendar month; and
          (43)(A) “Volatile organic compounds” means any compound of carbon, excluding
carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and
ammonium carbonate, that participates in atmospheric photochemical reactions.
               (B) This includes any organic compound other than the following, which
have been determined to have negligible photochemical reactivity:
                    (i) Acetone;
                    (ii) Methane;
                    (iii) Ethane;
                    (iv) Methylene chloride (dichloromethane);
                    (v) 1,1,1-trichloroethane (methyl chloroform);
                    (vi) Tetrachloroethylene (perchloroethylene);

                    (vii) 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113);
                    (viii) Trichlorofluoromethane (CFC-11);
                    (ix) Dichlorodifluoromethane (CFC-12);
                    (x) Chlorodifluoromethane (HCFC-22);
                    (xi) Trifluoromethane (HFC-23);
                    (xii) 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114);
                    (xiii) Chloropentafluoroethane (CFC-115);
                    (xiv) 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123);
                    (xv) 1,1,1,2-tetrafluoroethane (HFC-134a);
                    (xvi) 1,1-dichloro 1-fluoroethane (HCFC-141b);
                    (xvii) 1-chloro-1,1-difluoroethane (HCFC-142b);
                    (xviii) 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);
                    (xix) Pentafluoroethane (HFC-125);
                    (xx) 1,1,2,2-tetrafluoroethane (HFC-134);
                    (xxi) 1,1,1-trifluoroethane (HFC-143a);
                    (xxii) 1,1-difluoroethane (HFC-152a);
                    (xxiii) Parachlorobenzotrifluoride (PCBTF);
                    (xxiv) Cyclic, branched, or linear completely methylated siloxanes;
                    (xxv) 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca);
                    (xxvi) 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb);
                    (xxvii) 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee);
                    (xxviii) Difluoromethane (HFC-32);
                    (xxix) Fluoroethane (ethyl fluoride or HFC-161);
                    (xxx) 1,1,1,3,3,3-hexafluoropropane (HFC-236fa);
                    (xxxi) 1,1,2,2,3-pentafluoropropane (HFC-245ca);
                    (xxxii) 1,1,2,3,3-pentafluoropropane (HFC 245ea);
                    (xxxiii) 1,1,1,2,3-pentafluoropropane (HFC-245eb);
                    (xxxiv) 1,1,1,3,3-pentafluoropropane (HFC-245fa);
                    (xxxv) 1,1,1,2,3,3-hexafluoropropane (HFC-236ea);
                    (xxxvi) 1,1,1,3,3-pentafluorobutane (HFC-365mfc);
                    (xxxvii) Chlorofluoromethane (HCFC-31);
                    (xxxviii) 1-chloro-1-fluoroethane (HCFC-151a);
                    (xxxix) 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a);
                    (xl) 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or HFE-7100);
                    (xli) 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3);
                    (xlii) 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE-7200);
                    (xliii) 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5);
                    (xliv) Methyl acetate;
                    (xlv) 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3 or HFE-7000);
                    (xlvi) 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500);
                    (xlvii) 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea);
                    (xlviii) Methyl formate (HCOOCH3);
                    (xlix) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethylpentane (HFE-7300);
                    (l) Propylene carbonate;
                    (li) Dimethyl carbonate;
                    (lii) (1E)-1,3,3,3-tetrafluoroprop-1-ene (HFO-1234ze);
                    (liii) HCF2OCF2H (HFE-134);
                    (liv) HCF2OCF2OCF2H (HFE-236cal2);
                    (lv) HCF2OCF2CF2OCF2H (HFE-338pcc13);
                    (lvi) HCF2OCF2OCF2CF2OCF2H (H-Galden 1040x or H-Galden ZT 130 [or 150 or 180]);
                    (lvii) (1E)-1-chloro-3,3,3-trifluoroprop-1-ene;
                    (lviii) 2,3,3,3-tetraflouropropene;
                    (lix) 2-amino-2-methyl-1-propanol;
                    (lx) T-butyl acetate;
                    (lxi) Cis-1,1,1,4,4,4-hexafluorobut-2-ene (HFO-1336mz-Z); and
                    (lxii) Perfluorocarbon compounds that fall into these classes:
                         (a) Cyclic, branched, or linear, completely fluorinated
alkanes;
                         (b) Cyclic, branched, or linear, completely fluorinated
ethers with no unsaturations;
                         (c) Cyclic, branched, or linear, completely fluorinated
tertiary amines with no unsaturations; and
                         (d) Sulfur-containing perfluorocarbons with no
unsaturations and with sulfur bonds only to carbon and fluorine.
          (C)(i) For purposes of determining compliance with emission limits,
volatile organic compounds are measured by the test methods in the approved state
implementation plan or 40 C.F.R. pt. 60, Appendix A, as applicable.
                    (ii) Where such a method also measures compounds with
negligible photochemical reactivity, these negligibly reactive compounds may be excluded as
volatile organic compounds if the amount of such compounds is accurately quantified, and such
exclusion is approved by the Division of Environmental Quality.
          (D) As a precondition to excluding these compounds as volatile organic
compounds or at any time thereafter, the Division of Environmental Quality may require an
owner or operator of a stationary source to provide monitoring or testing methods and results
demonstrating, to the satisfaction of the Division of Environmental Quality, the amount of
negligibly reactive compounds in the emissions from the stationary source.
          (E) [Reserved].
Authority. Arkansas Code § 8-4-311.
Codification Notes. “Rule 8”, defined in this section, is codified in the Code of Arkansas Rules as
8 CAR pt. 11. During codification, all other references in this rule to “Rule 8” were changed to “8
CAR pt. 11”.

“Rule 18”, defined in this section, is codified in the Code of Arkansas Rules as 8 CAR pt. 40.
During codification, all other references in this rule to “Rule 8” were changed to “8 CAR pt. 40”.

“Rule 26”, defined in this section, is codified in the Code of Arkansas Rules as 8 CAR pt. 42.
During codification, all other references in this rule to “Rule 8” were changed to “8 CAR pt. 42”.

Subpart 2. Protection of the National Ambient Air Quality Standards

     8 CAR § 41-201. Purpose.
     (a) The purpose of this subpart is to state the responsibilities of the Division of
Environmental Quality and regulated sources in meeting and maintaining the national ambient
air quality standards.
     (b) If any area of the state is determined to be in violation of the national ambient air
quality standards, all applicable requirements contained in the Clean Air Act, as amended, and
all regulations promulgated thereto shall be met by the division.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-202. Division responsibilities.
     The Division of Environmental Quality shall be responsible for taking the following
precautions to prevent the national ambient air quality standards from being exceeded:
          (1) Ambient air monitoring in any area that can reasonably be expected to be in
excess of the national ambient air quality standards.
          (2)(A) Computer modeling of regulated air pollutant emissions for any area that
can reasonably be expected to be in excess of the national ambient air quality standards, and
review of the ambient air impacts of any new or modified source of federally regulated air
emission that is the subject of the requirements of this part.
               (B) All computer modeling shall be performed using United States
Environmental Protection Agency-approved models, and using averaging times commensurate
with averaging times stated in the national ambient air quality standards.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-203. Regulated sources responsibilities.
     Any source subject to the provisions of this part shall be responsible for taking the
following precautions to prevent the national ambient air quality standards from being
exceeded:
          (1) When required by law or this part, obtaining a permit from the Division of
Environmental Quality prior to construction of a new source of federally regulated air pollutant
emissions or prior to the modification of an existing source of air emissions;
          (2) Operating equipment in such a manner as to meet any applicable permit
requirement or any applicable rules; and
          (3)(A) Repairing malfunctioning equipment and pollution control equipment as
quickly as possible.
               (B) If the malfunctioning equipment is causing, or contributing to, a
violation of the national ambient air quality standards as determined by computer modeling,
the source is responsible for ceasing operations of the affected equipment until such time that
it is repaired.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-204. Delegated federal programs.
     (a)(1) Sources subject to this part shall also comply with all federal programs that the
Division of Environmental Quality is responsible for administering, including:
               (A) Certain delegated subparts of the new source performance standards
(40 C.F.R. pt. 60);
               (B) Provisions designed for the prevention of significant deterioration (40
C.F.R. § 52.21); and
               (C) Certain delegated subparts of the national emission standards for
hazardous air pollutants (40 C.F.R. pts. 61 and 63).
          (2) These delegated subparts only apply to major sources.
     (b) There are subparts that apply to minor sources, but the division has not requested
delegation of them as of April 28, 2006.
Authority. Arkansas Code § 8-4-311.

Subpart 3. Minor Source Review 3040

     8 CAR § 41-301. General applicability.
     No person shall cause or permit the operation, construction, or modification of a
stationary source whose actual emissions are:
          (1) Seventy-five (75) tons per year or more of carbon monoxide;
          (2) Forty (40) tons per year or more of nitrogen oxides;
          (3) Forty (40) tons per year or more of sulfur dioxide;
          (4) Forty (40) tons per year or more of volatile organic compounds;
          (5) Ten (10) tons per year or more of direct PM2.5;
          (6) Fifteen (15) tons per year or more of PM10;
          (7) One-half (0.5) ton per year or more of lead;
          (8) Two (2) tons per year or more of any single hazardous air pollutant; or
          (9) Five (5) tons per year or more of any combination of hazardous air pollutants
without first obtaining a permit from the Division of Environmental Quality pursuant to the
provisions of this subpart.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-302. Approval criteria.
     No permit shall be granted or modified under this subpart unless the owner/operator
demonstrates to the reasonable satisfaction of the Division of Environmental Quality that the
stationary source will be constructed or modified to operate without resulting in a violation of
applicable portions of this part or without interfering with the attainment or maintenance of a
national ambient air quality standard.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-303. Owner/operator’s responsibilities.
     Issuance of a permit by the Division of Environmental Quality does not affect the
responsibility of the owner/operator to comply with applicable portions of this part.
Authority. Arkansas Code § 8-4-311.
 

     8 CAR § 41-304. Required information.
     (a) General. Application for a permit shall be made on such forms and contain such
information as the Division of Environmental Quality may reasonably require, including but not
limited to:
          (1) Information on the nature and amounts of federally regulated air pollutants
to be emitted by the stationary source; and
          (2) Such information on the location, design, and operation of the stationary
source as the division may reasonably require.
     (b) Duty to supplement submittal. If, while processing an application that has been
determined to be complete, the division determines that additional information is necessary to
evaluate or take final action on that application, the division may request such information in
writing and set a reasonable deadline for a response.
     (c) Duty to correct submittal.
          (1) Any owner/operator who fails to submit any relevant facts or who has
submitted incorrect information shall, upon becoming aware of such failure or incorrect
submittal, promptly submit such supplementary facts or corrected information.
          (2) In addition, an applicant shall provide additional information as necessary to
address any relevant requirements that become applicable to the stationary source before final
action is taken on its application.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-305. Action on application.
     (a) Technical review. The Division of Environmental Quality will review the application
submitted under this subpart in order to ensure to their reasonable satisfaction that:
          (1) The stationary source will be constructed or modified to operate without
interfering with attainment or maintenance of a national ambient air quality standard;
          (2) The stationary source will be constructed or modified to operate without
violating any applicable regulation adopted by the United States Environmental Protection
Agency pursuant to §§ 111, 112, and 114 of the Clean Air Act, as amended;
          (3) The stationary source will be constructed or modified to operate without
resulting in a violation of any applicable provisions of this part;
          (4) The emission rate calculations are complete and accurate; and
          (5) If the facility wishes to measure and/or monitor operating parameters rather
than actual emissions, the application describes a process that will be used to ensure that the
calculations are translated into enforceable limits on operational parameters rather than
emissions.
     (b) Proposed action.
          (1) If the division initially determines the requirements of subsection (a) of this
section are met, they shall prepare a draft permit that:
               (A) Contains such conditions as are necessary to comply with this part;
and
               (B) Addresses all federally regulated air pollutant emissions and all
federally regulated air pollutant emitting equipment at the stationary source except pollutants
or equipment specifically exempt.
          (2)(A) If the division initially determines the requirements of this subpart are not
met, they shall prepare a notice of intent to deny.
               (B) This notice will state the reasons for the division’s denial of the
stationary source's submittal.
          (3) Except as provided in 8 CAR § 41-307, the public shall have an opportunity to
comment on the division’s proposed permit decision in accordance with 8 CAR § 41-306.
          (4)(A) Within ninety (90) days of receipt by the division of an initial permit
application, or an application for a major modification that contains such information as
required by the division (unless said period is extended by mutual agreement between the
division and the applicant), the division shall notify the applicant in writing of its draft
permitting decision.
               (B)(i) If the division fails to take action on the application within the
prescribed timeframes, the aggrieved applicant may petition the Arkansas Pollution Control and
Ecology Commission for relief from division inaction.
                    (ii) The commission shall either grant or deny the petition within
forty-five (45) days of its submittal.
     (c) Final action.
          (1) The division shall take final action on a permit application after the close of
the public comment period.
          (2) The division shall notify in writing the owner/operator and any person that
submitted a written comment of the division’s final action and the division’s reasons for its final
action.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-306. Public participation.
     (a) General. No permit shall be issued, denied, or modified unless the public has first
had an opportunity to comment on the information submitted by the owner/operator and the
Division of Environmental Quality’s analysis, as demonstrated by the permit record, of the
effect of construction or modification on ambient air quality, including the division’s proposed
approval or disapproval of the permit.
     (b) Public availability of information.
          (1) For purposes of this section, opportunity to comment shall include, at a
minimum:
               (A) Availability for the public inspection in at least one (1) location in the
area where the source is located, or proposes to locate, and in the division’s central offices of
the division’s draft decision, information submitted by the owner/operator, and any
information developed by the division in support of its draft permit decision;
               (B) A thirty-day period for submittal of public comment (beginning on the
date of the latest newspaper notice, ending on the date thirty (30) days later);
               (C)(i) A publication in a newspaper of general circulation in the area
where the source is located or proposes to locate, and in a state publication designed to give
general public notice.
                    (ii) Such notice shall, as a minimum, describe the locations at
which the information submitted by the owner/operator and the division’s analysis of this
information may be inspected and the procedure for submitting public comment; and
               (D) A copy of the notice, required pursuant to this subsection, shall be
sent to the owner/operator and to the:
                    (i) Regional Administrator of the United States Environmental
Protection Agency;
                    (ii) Mayor of the community where the stationary source is
proposed to be constructed or modified;
                    (iii) County judge of the county where the equipment is proposed
to be constructed or modified; and
                    (iv) Appropriate air pollution control agencies of adjoining states if
the construction or modification of the source will impact air quality in adjoining states.
          (2) Public comments addressing the technical merits of the permit application
and the division’s analysis of the effect of the proposed emissions on air quality submitted in
accordance with procedures in the public notice shall be considered by the division prior to
taking final action on the permit application.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-307. Permit amendments.
     (a) Administrative permit amendments.
          (1) An administrative permit amendment is a permit revision that:
               (A) Corrects a typographical error;
               (B) Identifies a change in the name, address, or phone number of any
person identified in the permit, or provides a similar minor administrative change in the source;
               (C) Requires more frequent monitoring or reporting by the permittee;
               (D) Incorporates a change in the permit involving the retiring of
equipment or emission units, or the decrease of permitted emissions from equipment or
emission units; or
               (E) Incorporates a change to the facility’s insignificant activities list.
          (2) The Division of Environmental Quality shall revise the permit as expeditiously
as practicable and may incorporate such revisions without providing notice to the public.
          (3) The applicant may implement the changes addressed in the request for an
administrative amendment immediately upon approval.
     (b) Change in ownership.
          (1) Permits issued under this part shall remain freely transferable, provided the
applicant for the transfer:
               (A) Notifies the Director of the Division of Environmental Quality at least
thirty (30) days in advance of the proposed transfer date on such forms as the director may
reasonably require; and
               (B)(i) Submits a disclosure statement, or other such documents as
required by the division.
                    (ii) The disclosure statement shall include but not be limited to
the following information:
                         (a) The full name, business address, and Social Security
number or tax i.d. number of the applicant and all affiliated persons;
                         (b) The full name and business address of any legal entity
in which the applicant holds a debt or equity interest of at least five percent (5%) or which is a
parent company or subsidiary of the applicant, and a description of the ongoing organizational
relationships as they may impact operations within the state;
                         (c) A description of the experience and credentials of the
applicant, including any past or present permits, licenses, certifications, or operational
authorizations relating to environmental regulation;
                         (d) A listing and explanation of any civil or criminal legal
actions by governmental agencies involving environmental protection laws or regulations
against the applicant and affiliated persons in the ten (10) years immediately preceding the
filing of the application, including:
                              (1) Administrative enforcement actions resulting in
the imposition of sanctions;
                              (2) Permit or license revocations or denials issued
by any state or federal authority;
                              (3) Actions that have resulted in a finding or a
settlement of a violation; and
                              (4) Actions that are pending;
                         (e) A listing of any federal environmental agency and any
other environmental agency outside this state that has or has had regulatory responsibility over
the applicant; and
                         (f) Any other information the director may require that
relates to the competency, reliability, or responsibility of the applicant and affiliated persons.
                    (iii) The following persons or entities are not required to file a
disclosure statement:
                         (a)(1) Governmental entities, consisting only of
subdivisions or agencies of the federal government, agencies of the state government,
counties, municipalities, or duly authorized regional solid waste authorities as defined by law.
                              (2) This exemption shall not extend to
improvement districts or any other subdivision of government which is not specifically
instituted by an act of the General Assembly; and
                         (b) Applicants for a general permit to be issued by the
division pursuant to its authority to implement the National Pollutant Discharge Elimination
System for stormwater discharge or any other person or entity the Arkansas Pollution Control
and Ecology Commission may by rule exempt from the submission of a disclosure statement.
          (2) Nothing in this section, including the exemptions listed herein, shall be
construed as a limitation upon the authority of the director to deny a permit based upon a
history of noncompliance to any applicant or for other just cause.
          (3)(A) Any applicant that is a publicly held company required to file periodic
reports under the Securities and Exchange Act of 1934, or a wholly owned subsidiary of a
publicly held company, shall not be required to submit a disclosure statement, but shall submit
the most recent annual and quarterly reports required by the Securities and Exchange
Commission which provide information regarding legal proceedings in which the applicant has
been involved.
               (B) The applicant shall submit such other information as the director may
require that relates to the competency, reliability, or responsibility of the applicant and
affiliated persons.
          (4) The director may deny the issuance or transfer of any permit, license,
certification, or operational authority if he or she finds, based upon the disclosure statement
and other investigation that he or she deems appropriate, that:
               (A) The applicant has a history of noncompliance with the environmental
laws or rules of this state or any other jurisdiction;
               (B) An applicant who owns or operates other facilities in the state is not
in substantial compliance with, or on a legally enforceable schedule that will result in
compliance with, the environmental laws or rules of this state; or
               (C) A person with a history of noncompliance with environmental laws or
rules of this state or any other jurisdiction is affiliated with the applicant to the extent of being
capable of significantly influencing the practices or operations of the applicant that could have
an impact upon the environment.
               (5) Public notice requirements shall not apply to changes in ownership or
changes in name.
               (6) Denial of a permit transfer shall constitute a final permitting decision of the
director and may be appealed to the Arkansas Pollution Control and Ecology Commission.
     (c) De minimis changes.
          (1) A proposed change to a facility will be considered de minimis if:
               (A) Minimal judgment is required to establish the permit requirements
for the change; and
               (B) The change will result in a trivial environmental impact.
          (2) The environmental impact of a proposed change generally will be considered
trivial if the emission increase, based on the differences between the sum of the proposed
permitted rates for all emissions units and the sum of previously permitted emission rates for
all units will either:
Table Heading paragraphs and table AR submittal page 33
               (A) Be less than the following amounts:
                    (i) Seventy-five (75) tons per year of carbon monoxide;
                    (ii) Forty (40) tons per year of:
                              (a) Nitrogen dioxides;
                              (b) Sulfur dioxides; or
                              (c) Volatile organic compounds;
                    (iii) Twenty-five (25) tons per year of particulate matter emissions;
                    (iv) Ten (10) tons per year of direct PM2.5;
                    (v) Fifteen (15) tons per year of PM10 emissions; and
                    (vi) One-half (0.5) a ton per year of lead; or
               (B) Result in an air quality impact less than:

          (3) [Reserved.]
          (4) The following changes will not be considered de minimis changes:
               (A) Any increase in the permitted emission rate at a stationary source
without a corresponding physical change or change in the method of operation at the source;
               (B) Any change that would result in a violation of the Clean Air Act;
               (C) Any change seeking to change a case-by-case determination of an
emission limitation established pursuant to Best Available Control Technology, § 112(g), §
112(i)(5), § 112(j), or § 111(d) of the Clean Air Act;
               (D) A change that would result in a violation of any provision of this part;
               (E) Any change in a permit term, condition, or limit that a source has
assumed to avoid an applicable requirement to which the source would otherwise be subject;
               (F) Any significant change or relaxation to existing testing, monitoring,
reporting, or recordkeeping requirements; or
               (G) Any proposed change that requires more than minimal judgment to
determine eligibility.
          (5)(A) A source may not submit multiple applications for de minimis changes that
are designed to conceal a larger modification that would not be considered a de minimis
change.
               (B) The division will require such multiple applications be processed as a
permit modification with public notice and reconstruction requirements.
               (C) Deliberate misrepresentation may be grounds for permit revocation.
          (6) The applicant may implement de minimis changes immediately upon
approval by the division.
          (7)(A) The division shall revise the permit as expeditiously as practicable and may
incorporate de minimis changes without providing notice to the public.
               (B) The applicant may implement de minimis changes immediately upon
approval by the division.
Authority. Arkansas Code § 8-4-311.
Codification Notes. The Securities and Exchange Act of 1934 is codified generally at 15 U.S.C. §
78a et seq.

     8 CAR § 41-308. Exemption from permitting.
     (a) Insignificant activities. Stationary sources and activities listed in Appendix A of this
part shall be considered to be insignificant and will not require a permit under this subpart or
be included in a source’s permit.
     (b) Grandfathering. Stationary sources operating prior to June 30, 1975, and that have
not been modified since, will not be required to obtain a permit under this subpart.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-309. [Reserved.]

     8 CAR § 41-310. Permit revocation and cancellation.
     (a) Revocation. Any permit issued under this part is subject to revocation, suspension,
or modification in whole or in part, for cause, including without limitation:
          (1) Violation of any condition of the permit;
          (2) Obtaining a permit by misrepresentation or failure to disclose fully all
relevant facts; or
          (3) Change in any applicable rule or change in any preexisting condition affecting
the nature of the emission that requires either a temporary or permanent reduction or
elimination of the permitted emission.
     (b) Cancellation. The Director of the Division of Environmental Quality may cancel a
permit if the construction or modification is not begun within eighteen (18) months from the
date of the permit issuance or if the work involved in the construction or modification is
suspended for a total of eighteen (18) months or more.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-311. General permits.
     (a) General authority.
          (1) The Division of Environmental Quality may, after notice and opportunity for
public participation provided under this subpart, issue a general permit covering numerous
similar sources.
          (2) The criteria for the review and approval of permits under this subpart shall be
used for general permits as well.
          (3) Any general permit shall comply with all requirements applicable to other
permits and shall identify criteria by which sources may qualify for the general permit.
          (4) They shall also include enforceable emission limitations or other control
measures, means, or techniques, as well as schedules and timetables for compliance, as may be
necessary or appropriate to meet the applicable requirements of this part.
          (5) To sources that qualify, the division shall grant the conditions and terms of
the general permit.
          (6) The source shall be subject to enforcement action for operation without a
permit if the source is later determined not to qualify for the conditions and terms of the
general permit.
     (b) Application.
          (1) Sources that would qualify for a general permit must apply to the division for
coverage under the terms of the general permit or must apply for a permit consistent with this
subpart.
          (2) The division may grant a source's request for authorization to operate under
a general permit, but such a grant shall not be a final permit action for purposes of judicial
review.
          (3)(A) When any application for the issuance of a new permit or a modification of
an existing permit is filed with the division, the division shall cause notice of the application to
be published in a newspaper of general circulation in the county in which the proposed facility
is to be located.
               (B) The notice required by subdivision (b)(3)(A) of this section shall advise
that any interested person may request a public hearing on the permit application by giving the
division a written request within ten (10) days of the publication of the notice.
               (C) Should a hearing be deemed necessary by the division, or in the event
the division desires such a hearing, the division shall schedule a public hearing and shall, by
first-class mail, notify the applicant and all persons who have submitted comments of the date,
time, and place thereof.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-312. Dispersion modeling.
     (a) The following shall apply when dispersion or other air quality modeling is used to
meet the requirements of this subpart.
     (b) General. All applications of air quality modeling involved in this subpart shall be
based on the applicable models, data bases, and other requirements specified in Appendix W of
40 C.F.R. pt. 51, Guideline on Air Quality Models.
     (c) Substitution.
          (1) Where an air quality model specified in the Guideline on Air Quality Models is
inappropriate, the model may be modified or another model substituted.
          (2) Such a modification or substitution of a model may be made on a case-bycase
basis or, where appropriate, on a generic basis for a specific pollutant or type of stationary
source.
          (3) Written approval of the Administrator of the United States Environmental
Protection Agency must be obtained for any modification or substitution.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-313. Confidentiality.
     (a) Information that constitutes a trade secret shall be held confidential and segregated
from the public files of the Division of Environmental Quality if requested in writing by the
permit applicant in accordance with this section.
     (b) For purposes of this section, “trade secret” means any information, including
formula, pattern, compilation, program, device, method, technique, process, or rate of
production that:
          (1) Derives independent economic value, actual or potential, from not being
generally known to, and not being readily ascertainable through, proper means by other
persons who can obtain economic value from its disclosure or use; and
          (2) Is the subject of efforts that are reasonable under the circumstances to
maintain its secrecy.
     (c)(1) In order to establish entitlement to confidentiality, the applicant must submit a
sworn affidavit to the division that is subject to public scrutiny that describes in a manner that
does not reveal trade secrets the processes or market conditions that support the applicant’s
confidentiality claim in the terms of subdivisions (b)(1) and (2) of this section.
          (2) This affidavit must also recite the following:
                         The applicant agrees to act as an indispensable party and to exercise
                         extraordinary diligence in any legal action arising from the Division’s
                         denial of public access to the documents or information claimed herein
                         to be a trade secret.
          (3) If an applicant anticipates numerous permit modifications that may involve
regulatory review of trade secrets, it may submit an omnibus affidavit establishing the
prerequisites of subdivisions (b)(1) and (2) of this section and reference this document in future
confidentiality claims.
     (d)(1) Confidentiality claims shall be afforded interim protected status until the division
determines whether the requirements of subsection (c) of this section are satisfied.
          (2)(A) The division shall make such determination prior to the issuance of any
permit or publication of any draft permit.
               (B) In the event the division does not make such determination prior to
permit issuance, the information shall be deemed confidential until a request is made.
          (3)(A) If a third-party request to review information claimed as confidential is
received before the division provides its written determination concerning the claim, the
division shall not release such information before notifying the applicant of the request.
               (B) The division shall notify the applicant of the request and the division’s
determination on the confidentiality claim at least two (2) business days before releasing the
information, at which time the applicant may choose to supplement its affidavit supporting
confidentiality or seek legal recourse.
     (e)(1) For any permit application submitted subject to a claim of trade secret, the
applicant shall provide two (2) copies of the application:
               (A) One (1) prominently marked as confidential; and
               (B) Another that is subject to public review with confidential information excised.
          (2) The division will not accept applications that are deemed totally confidential
except under extraordinary circumstances guaranteeing future disclosure at a meaningful time
for public review.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-314. Operational flexibility — Applicant’s duty to apply for alternative scenarios.
     (a)(1) The permit applicant shall apply for any reasonably anticipated alternative
stationary source operating scenarios at the time of permit application.
          (2) The Division of Environmental Quality shall include approved alternative
operating scenarios in the permit.
(b) The permittee may implement any operating scenario allowed in the permit without
the need for a permit revision or notification to the division.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-315. Changes resulting in no emissions increases.
     (a) A permittee may make a change to a stationary source that contravenes permit
terms without a permit revision if the change:
          (1) Is not a Title I modification;
          (2) Does not exceed emissions allowable under the permit, whether expressed
therein as a rate of emissions or in the terms of total emissions;
          (3) Does not violate applicable requirements; and
          (4) Does not violate federally enforceable permit terms and conditions that are
monitoring (including test methods), recordkeeping, reporting, or compliance certification
requirements.
     (b) The permittee shall provide written notice to the Division of Environmental Quality
at least seven (7) days prior to implementing the proposed changes allowed under subsection
(a) of this section, or such shorter timeframe that the division allows for emergencies.
     (c)(1) The permittee and the division shall attach each such notice pursuant to
subsection (b) of this section to their copy of the relevant permit.
          (2) For each such change, the written notice shall include:
               (A) A brief description of the change to the permitted stationary source;
               (B) The date the change will occur;
               (C) Any change in emissions; and
               (D) Any permit term or condition that is no longer applicable as a result of
the change.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-316. Permit flexibility.
     (a)(1) The Division of Environmental Quality may grant an extension to any testing,
compliance, or other date in the permit.
          (2) No extensions shall be authorized until the permittee of the stationary source
receives written approval from the division.
          (3) The division may grant such a request, at its discretion, in the following
circumstances:
               (A) The permittee of the stationary source makes such a request in
writing at least fifteen (15) days in advance of the deadline specified in the stationary source’s
permit;
               (B) The extension does not violate a federal requirement;
               (C) The permittee of the stationary source demonstrates the need for the
extension; and
               (D) The permittee of the stationary source documents that all reasonable
measures have been taken to meet the current deadline and documents reasons the current
deadline cannot be met.
     (b)(1) The division may grant a request to allow temporary emissions and/or testing that
would otherwise exceed a permitted emission rate, throughput requirement, or other limit in a
stationary source’s permit.
          (2) No such activities shall be authorized until the permittee of the stationary
source receives written approval from the division.
          (3) The division may grant such a request, at its discretion, in the following
circumstances:
               (A) The permittee of the stationary source makes such a request in
writing at least thirty (30) days in advance of the date that temporary emissions and/or testing
would otherwise exceed a permitted emission rate, throughput requirement, or other limit in a
stationary source’s permit;
               (B) Such a request does not violate a federal requirement;
               (C) Such a request is temporary in nature;
               (D) Such a request will not result in a condition of air pollution as defined
in 8 CAR § 40-105 of the Arkansas Air Pollution Code, 8 CAR pt. 40;
               (E) The request contains such information necessary for the division to
evaluate the request, including without limitation, quantification of such emissions and the
date and time such emission will occur;
               (F) Such a request will result in increased emissions less than five (5) tons
of any individual criteria pollutant, one (1) ton of any single hazardous air pollutant, and two
and one-half (2.5) tons of total hazardous air pollutants; and
               (G) The permittee of the stationary source maintains records of the dates
and results of such temporary emissions and/or testing.
     (c)(1) The division may grant a request to allow an alternative to the monitoring
specified in a stationary source’s permit.
          (2) No such activities shall be authorized until the permittee of the stationary
source receives written approval from the division.
          (3) The division may grant such a request, at its discretion, in the following
circumstances:
               (A) The permittee operator of the stationary source makes such a request
in writing at least thirty (30) days in advance of the first date that the monitoring alternative
will be used;
               (B) Such a request does not violate a federal requirement;
               (C) The monitoring alternative provides an equivalent or greater degree
of actual monitoring to the requirements in the stationary source’s permit; and
               (D) Any such request for an alternative monitoring method, if approved
by the division, is incorporated into the next permit modification application by the permittee
of the stationary source.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-317. Registration.
     (a)(1) Sources currently holding permits issued pursuant to this part but whose
emissions are below the permitting thresholds of 8 CAR § 41-301, and above the registration
thresholds of 8 CAR § 40-215, may elect to continue to operate under their existing Part 41
permit or they may submit a registration under 8 CAR § 40-215 and request their Part 41 permit
to be terminated.
          (2) The Part 41 permit shall remain in effect until terminated.
          (3) If a source takes no action, the Part 41 permit shall remain in effect.
     (b) A source otherwise subject to registration under 8 CAR § 40-215 may elect to instead
operate under a permit issued in accordance with 8 CAR § 41-302.
Authority. Arkansas Code § 8-4-311.

Subpart 4. General Emissions Limitations Applicable to Equipment 3041

     8 CAR § 41-401. Purpose.
     (a) The purpose of this subpart is to define the general federally regulated air pollutant
emissions limitations applicable to all equipment subject to this part.
     (b) Stricter specific limitations may be required in applicable permits if such limitations
are necessary to comply with federal law or regulations that are in effect as of the effective
date of this part.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-402. General rules.
     No person shall cause or permit the construction or modification of equipment that
would cause or allow the following standards or limitations to be exceeded:
          (1) Any national ambient air quality standard as defined herein;
          (2) Any ambient air increment pursuant to Subpart 8 of this part;
          (3) Any applicable emission limitation promulgated by the United States
Environmental Protection Agency; or
          (4) Any applicable emission limitation promulgated by the Division of
Environmental Quality in this part.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-403. Visible emission rules.
     (a) No person shall cause or permit visible emissions (other than uncombined water
vapor) from equipment identified hereunder and that was installed and in operation, or for
which a permit had been issued by the Division of Environmental Quality prior to January 30,
1972, to exceed the following limitations:
          (1) Emissions shall not exceed forty percent (40%) opacity, except that emissions
greater than forty percent (40%) opacity will be allowed for not more than six (6) minutes in the
aggregate in any consecutive sixty-minute period, provided such emissions will not be
permitted more than three (3) times during any twenty-four-hour period.
     (b) No person shall cause or permit visible emissions (other than uncombined water
vapor) from new equipment identified hereunder that was installed or permitted by the
division after January 30, 1972, to exceed the following limitations or to exceed any applicable
visible emission limitations of the new source performance standards promulgated by the
United States Environmental Protection Agency:
          (1) For incinerators and fuel-burning equipment, exclusively, emissions shall not
exceed twenty percent (20%) opacity except that emissions greater than twenty percent (20%)
opacity but not exceeding sixty percent (60%) opacity will be allowed for not more than six (6)
minutes in the aggregate in any consecutive sixty-minute period, provided such emissions will
not be permitted more than three (3) times during any twenty-four-hour period; and
          (2) For equipment used in a manufacturing process, emissions shall not exceed
twenty percent (20%).
     (c) Opacity of visible emissions shall be determined using United States Environmental
Protection Agency Method 9 (40 C.F.R. pt. 60, Appendix A).
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-404. Stack height/dispersion rules.
     (a) The stack height provisions of 40 C.F.R. § 51.118 are incorporated by reference.
     (b) The definition of “stack”, “a stack in existence”, “dispersion technique”, “good
engineering practice”, “nearby”, and “excessive concentration” are defined in 40 C.F.R. §
51.100(ff) – (kk) and are incorporated into this subpart by reference.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-405. Revised emissions limitation.
     (a)(1) The emissions limitations contained within this part and applicable permits are for
the purpose of assuring the attainment and maintenance of the national ambient air quality
standards and have been established within the framework of information presently available
to the Division of Environmental Quality.
          (2) As additional and more precise information becomes available, the emission
limitations and reporting procedures of this subpart may be amended as described below:
               (A)(i) More restrictive limitations to protect the national ambient air
quality standards.
                    (ii) In accordance with the provisions of the federal Clean Air Act,
as amended, and the federal regulations promulgated pursuant to the Clean Air Act, as
amended, the emission limitations and reporting procedures of this subpart or any applicable
permits may be further amended and made more restrictive where the Director of the Division
of Environmental Quality finds more restrictive measures are necessary to assure maintenance
of the national ambient air quality standards; and
               (B)(i) Less restrictive limitations.
                    (ii) Any person subject to the emission limitations contained in
this part or in a permit may petition the director for a less stringent limitation on the grounds
that the existing limitation cannot be met when considering physical, economical, or
technological constraints.
                    (iii) In no case shall the director approve a less stringent limitation
if it would cause a violation of the national ambient air quality standards.
                    (iv) The director shall not approve a less stringent limitation if it
violates a federal emission standard or regulation, unless approved according to applicable
federal regulations.
          (3) The director shall take into account the following factors when making such
determinations:
               (A) The process, fuels, and raw materials available and to be employed in
the facility involved;
               (B) The engineering aspects of the application of various types of control
techniques that have been adequately demonstrated;
               (C) Process and fuel changes;
               (D) The respective costs of the application of all such control techniques,
process changes, alternative fuels, etc.; and
               (E) Locational and siting considerations.
     (b) In any enforcement proceeding, the permittee seeking to establish the occurrence of
an emergency has the burden of proof.
     (c) This provision is in addition to any emergency or upset provision contained in any
applicable requirement.
Authority. Arkansas Code § 8-4-311.

Subpart 5. Upset and Emergency Conditions 3041

     8 CAR § 41-501. Upset conditions.
     (a)(1) For purposes of this subpart, “upset condition” means exceedances of applicable
emission limitations lasting thirty (30) or more minutes, in the aggregate, during a twenty-fourhour
period, unless otherwise specified in an applicable permit or rule (such as new source
performance standards).
          (2) All upset conditions resulting in a violation of an applicable permit or rule
shall be reported to the Division of Environmental Quality.
     (b)(1) Any source exceeding an emission limit established by this part or applicable
permit shall be deemed in violation of this part or permit and shall be subject to enforcement
action.
          (2) The division may forego enforcement action for federally regulated air
pollutant emissions given that the person responsible for the source of the excess emissions
does the following:
               (A) Demonstrates to the satisfaction of the division that the emissions
resulted from:
                    (i) Equipment malfunction or upset and are not the result of
negligence or improper maintenance; or
                    (ii) Physical constraints on the ability of a source to comply with
the emission standard, limitation, or rate during startup or shutdown; and
                    (iii) That all reasonable measures have been taken to immediately
minimize or eliminate the excess emissions;
               (B) Reports such occurrence or upset or breakdown of equipment to the
division by the end of the next business day after the discovery of the occurrence; and
               (C) Submits to the division, at its request, a full report of such occurrence,
including the identification of and location of the process and control equipment involved in the
upset and including a statement of all known causes and the scheduling and nature of the
actions to be taken to eliminate future occurrences or to minimize the amount by which said
limits are exceeded and to reduce the length of time for which said limits are exceeded.
Authority. Arkansas Code § 8-4-311.

Subpart 6. Sampling, Monitoring, and Reporting Requirements 3041

     8 CAR § 41-601. Purpose.
     (a) The purpose of this subpart is to generally define the powers of the Division of
Environmental Quality in requiring sampling, monitoring, and reporting requirements at
stationary sources.
     (b) The division shall enforce all properly incorporated and delegated federal testing
requirements at a minimum.
     (c) Any credible evidence based on sampling, monitoring, and reporting may be used to
determine violations of applicable emission limitations.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-602. Air emissions sampling.
     Any stationary source subject to this part shall be subject to the following requirements:
          (1) Sampling ports. To provide any sampling ports, at the request of the Division
of Environmental Quality, required for federally regulated air pollutant emissions sampling,
including safe and easy access to such ports;
          (2) Sampling.
               (A) To conduct federally regulated air pollutant emissions sampling, at
the request of the division, to determine the rate, opacity, composition, and/or contaminant
concentration of the emissions.
               (B) All compliance testing shall be done at the expense of the permittee
by an independent firm, unless otherwise approved by the division.
               (C) Sampling shall not be required for those pollutants with continuous
emissions monitors;
          (3) Averaging times. All compliance testing averaging times shall be consistent
with the averaging times of the applicable federally regulated air pollutant emissions limitations
stated in the applicable permit, which in no case shall be greater than the minimum averaging
times of the applicable national ambient air quality standards;
          (4) Process rates.
               (A) Unless otherwise approved by the division, all federally regulated air
pollutant emissions sampling shall be performed with the equipment being tested operating at
least at ninety percent (90%) of its permitted capacity.
               (B) Emissions results shall be extrapolated to correlate with one hundred
percent (100%) of permitted capacity to determine compliance;
          (5) Testing timeframes. Any equipment that is to be tested at the request of the
division shall be tested in accordance with the following timeframes:
               (A) Equipment to be constructed or modified shall be tested within sixty
(60) days after achieving its maximum permitted production rate, but no later than one
hundred eighty (180) days after its initial startup; and
               (B) Equipment already operating shall be tested according to the
timeframes set forth by the division; and
          (6) Testing methods and records.
               (A) The division shall require that all applicable testing be performed
using the methods described in:
                    (i) 40 C.F.R. pt. 51, Appendix M, as of the effective date of the
federal final rule published by the United States Environmental Protection Agency in the
Federal Register on April 2, 2014 (79 FR 18452);
                    (ii) 40 C.F.R. pt. 60, Appendix A, as of the effective date of the
federal final rule published by the United States Environmental Protection Agency in the
Federal Register on February 27, 2014 (79 FR 11257);
                    (iii) 40 C.F.R. pt. 61, Appendix B, as of the effective date of the
federal final rule published by the United States Environmental Protection Agency in the
Federal Register on October 17, 2000 (65 FR 62161); and
                    (iv) 40 C.F.R. pt. 63, Appendix A, as of the effective date of the
federal final rule published by the United States Environmental Protection Agency in the
Federal Register on December 29, 1992 (57 FR 62002).
               (B) The division, with the concurrence of the United States Environmental
Protection Agency, may approve, at its discretion, alternate sampling methods that are
equivalent to the specified methods.
               (C) The results of such tests shall be submitted to the division within the
timeframes and on such forms as required by the division and federal regulations.
               (D) The owner or operator of the equipment shall retain the results of
such tests for at least five (5) years, and shall make the results available to any agents of the
division or the United States Environmental Protection Agency during regular business hours.
Authority. Arkansas Code § 8-4-311.

    8 CAR §  41-603. Continuous emissions monitoring.
     Any stationary source subject to this part shall, as required by federal law and upon
request of the Division of Environmental Quality:
          (1)(A) Install, calibrate, operate, and maintain equipment to continuously
monitor or determine federally regulated air pollutant emissions in accordance with:
                    (i) Applicable performance specifications in 40 C.F.R. pt. 60,
Appendix B, as of the effective date of the federal final rule published by the United States
Environmental Protection Agency in the Federal Register on February 27, 2014 (79 FR 11271);
                    (ii) Quality assurance procedures in 40 C.F.R. pt. 60, Appendix F,
as of the effective date of the federal final rule published by the United States Environmental
Protection Agency in the Federal Register on February 27, 2014 (79 FR 11274); and
                    (iii) Other methods and conditions that the division, with the
concurrence of the United States Environmental Protection Agency, shall prescribe.
               (B) Any source listed in a category in 40 C.F.R. pt. 51, Appendix P, as of
the effective date of the federal final rule published by the United States Environmental
Protection Agency in the Federal Register on November 7, 1986 (51 FR 40675), or in 40 C.F.R.
pt. 60 as of August 30, 1992, shall adhere to all continuous emissions monitoring or alternative
continuous emission monitoring requirements stated therein, if applicable; and
          (2) Report the data collected by the monitoring equipment to the division at
such intervals and on such forms as the division shall prescribe, in accordance with 40 C.F.R. pt.
51, Appendix P, Section 4.0 (Minimum Data Requirements) as of the effective date of the
federal final rule published by the United States Environmental Protection Agency in the
Federal Register on November 7, 1986 (51 FR 40675), and any other applicable reporting
requirements promulgated by the United States Environmental Protection Agency.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-604. Notice of completion.
     For equipment for which a new permit or major permit modification is required, the
Division of Environmental Quality shall be notified in writing within thirty (30) days of the
following events:
           (1) The date of commencement of construction or modification; and
          (2) The date of commencement of operation of the equipment.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-605. Recordkeeping and reporting requirements.
     (a) Any stationary source subject to this part shall, upon request by the Division of
Environmental Quality:
          (1)(A) Maintain records on the nature and amounts of federally regulated air
pollutants emitted to the air by the equipment in question.
               (B) All records, including compliance status reports and excess emissions
measurements shall be retained for at least five (5) years, and shall be made available to any
agent of the division or United States Environmental Protection Agency during regular business
hours; and
          (2) Supply the following information, correlated in units of the applicable
emissions limitations, to the division:
               (A) General process information related to the emissions of federally
regulated air pollutants into the air; and
               (B) Emissions data obtained through sampling or continuous emissions
monitoring.
     (b)(1) Information and data shall be submitted to the division by a responsible official on
such forms and at such time intervals as prescribed by applicable federal regulations or the
division.
          (2) Reporting periods shall be a twelve-month period.
     (c)(1) Each emission inventory is to be accompanied by a certifying statement, signed by
the owner or owners or operator or operators and attesting that the information contained in
the inventory is true and accurate to the best knowledge of the certifying official.
          (2) The certification shall include the full name, title, signature, date of signature,
and telephone number of the certifying official.
Authority. Arkansas Code § 8-4-311.

     8 CAR § 41-606. Public availability of emissions data.
     Emissions data obtained by the Division of Environmental Quality shall be correlated in
units of applicable emissions limitations and be made available to the public at the division’s
central offices during normal business hours.
Authority. Arkansas Code § 8-4-311.

Subpart 8. Prevention of Significant Deterioration Rules of the Arkansas Plan of Implementation for Air Pollution Control 3041

8 CAR Section 41-801            Title
Subpart 8. Prevention of Significant Deterioration Rules of the Arkansas Plan of
Implementation for Air Pollution Control

8 CAR § 41-801. Title.
This subpart, adopted in accordance with the provisions of Part 2 of the Arkansas Water
and Air Pollution Control Act at Arkansas Code § 8-4-101 et seq., shall be known as “Prevention
of Significant Deterioration Rules of the Arkansas Plan of Implementation for Air Pollution
Control”, hereinafter referred to, respectively, as the “Prevention of Significant Deterioration
Rules”.
Authority. Arkansas Code § 8-4-311.

8 CAR Section 41-802            Purposes
8 CAR § 41-802. Purposes.
Promulgation and enforcement of this subpart is intended to further the purposes of
the state implementation plan and this part, including, but not limited to, acceptance of
delegation by the United States Environmental Protection Agency of authority for enforcement
of rules governing the prevention of significant deterioration of air quality and rules governing
the protection of visibility in mandatory Class I federal areas.
Authority. Arkansas Code § 8-4-311.

8 CAR Section 41-803            Definitions
8 CAR § 41-803. Definitions.
(a) As used in this subpart:
(1)(A) “Advance notification” (of a permit application) means any written
communication that establishes the applicant's intention to construct, and that provides the
Division of Environmental Quality with sufficient information to determine that the proposed
source may constitute a major new source or major modification, and that such source may
affect any mandatory Class I federal area, including, but not limited to:
(i) Submittal of a draft or partial permit application;
(ii) A prevention of significant deterioration monitoring plan; or
(iii) A sufficiently detailed letter.
(B) “Advance notification” does not include general inquiries about
Arkansas Pollution Control and Ecology Commission rules;
(2) “Regulated new source review pollutant” means the following:
(A)(i) Any pollutant for which a national ambient air quality standard has
been adopted under 8 CAR § 41-106 and any pollutant identified under this subdivision (a)(2)(A)
as a constituent or precursor for such pollutant.
(ii) Precursors identified by the division for purposes of new
source review are the following:
(a) Volatile organic compounds and nitrogen oxides are
precursors to ozone in all attainment and unclassifiable areas;
(b) Sulfur dioxide is a precursor to PM2.5 in all attainment
and unclassifiable areas; and
(c) Nitrogen oxides are presumed to be precursors to PM2.5
in all attainment and unclassifiable areas, unless Arkansas demonstrates to the Administrator of
the United States Environmental Protection Agency’s satisfaction or the United States
Environmental Protection Agency demonstrates that emissions of nitrogen oxides from sources
in a specific area are not a significant contributor to that area’s ambient PM2.5 concentrations.
(iii) Volatile organic compounds are presumed not to be
precursors to PM2.5 in any attainment or unclassifiable area, unless Arkansas demonstrates to
the Administrator of the United States Environmental Protection Agency’s satisfaction or the
United States Environmental Protection Agency demonstrates that emissions of volatile organic
compounds from sources in a specific area are a significant contributor to that area’s ambient
PM2.5 concentrations;
(B) Any pollutant that is subject to any standard promulgated under
Section 111 of the Clean Air Act;

(C) Any Class I or II substance subject to a standard promulgated under or
established by Title VI of the Clean Air Act;
(D) Any pollutant that otherwise is subject to regulation under the Clean
Air Act;
(E) Notwithstanding subdivisions (a)(2)(A) – (D) of this section, the term
“regulated new source review pollutant” shall not include any or all hazardous air pollutants
either listed in Section 112 of the Clean Air Act, or added to the list pursuant to Section
112(b)(2) of the Clean Air Act, and that have not been delisted pursuant to Section 112(b)(3) of
the Clean Air Act, unless the listed hazardous air pollutant is also regulated as a constituent or
precursor of a general pollutant listed under Section 108 of the Clean Air Act; and
(F)(i) PM2.5 emissions and PM10 emissions shall include gaseous emissions
from a source or activity that condense to form particulate matter at ambient temperatures.
(ii) As of the effective date of the federal final rule published by
the United States Environmental Protection Agency in the Federal Register on Thursday,
October 25, 2012 (77 FR 65107), such condensable particulate matter shall be accounted for in
applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in
prevention of significant deterioration permits.
(iii) Compliance with emissions limitations for PM2.5 and PM10
issued prior to this date shall not be based on condensable particulate matter unless required
by the terms and conditions of the permit or the applicable implementation plan.
(iv) Applicability determinations made prior to this date without
accounting for condensable particulate matter shall not be considered in violation of this
subpart; and
(3) “Subject to regulation” means, for any air pollutant, that the pollutant is
subject to either a provision of the federal Clean Air Act, or a nationally applicable regulation
codified by the Administrator of the United States Environmental Protection Agency pursuant
to 40 C.F.R., Chapter 1, Subchapter C, and adopted herein, that requires actual control of the
quantity of emissions of that pollutant and that such a control requirement has taken effect
and is operative to control, limit, or restrict the quantity of emissions of that pollutant released
from the regulated activity.
(b)(1) All other terms used herein shall have the same meaning as set forth in 8 CAR §
41-106 or in 40 C.F.R. § 52.21(b) (prevention of significant deterioration) and 40 C.F.R. § 51.301
(Protection of Visibility) as of October 20, 2010, and adopted in 8 CAR § 41-804, unless
manifestly inconsistent with the context in which they are used.
(2) Wherever there is a difference between the definitions in 8 CAR § 41-106 and
those listed in 40 C.F.R. § 52.21(b) and 40 C.F.R. § 51.301, the federal definitions as listed in 40
C.F.R. § 52.21(b), as adopted in 8 CAR § 41-804 and subdivisions (a)(1), (2), and (3) of this
section, and 40 C.F.R. § 51.301 as of October 20, 2010, shall apply.
(c) The definition for “routine maintenance, repair and replacement” in 40 C.F.R. §
52.21(b)(2)(iii)(a) is not incorporated.
Authority. Arkansas Code § 8-4-311.

8 CAR § 41-804. Adoption of rules.
8 CAR Section 41-804            Adoption of rules
(a)(1) Except where manifestly inconsistent with the provisions of the Clean Air Act, as
amended, or with federal regulations adopted pursuant thereto, and as amended specifically
herein by subsections (b), (c), (d), (e), (f), and (g) of this section, the Division of Environmental
Quality shall have those responsibilities and that authority, with reference to the State of
Arkansas, granted to the Administrator of the United States Environmental Protection Agency
under 40 C.F.R. § 52.21(a)(2) – (bb), as in effect on November 29, 2005, which are hereby
incorporated herein by reference with the exception of:
(A)(i) 40 C.F.R. § 52.21(aa), which is incorporated by reference as in effect
on August 13, 2012, except for instances in the sections of 40 C.F.R. § 52.21(aa) where 40 C.F.R.
§ 52.21(b)(49) is referenced.
(ii) In those instances, subsection (g) of this section shall apply;
(B) 40 C.F.R. § 52.21(r)(6), which is incorporated by reference as of the
effective date of the federal final rule published by the United States Environmental Protection
Agency in the Federal Register on December 21, 2007 (72 FR 72607);
(C) 40 C.F.R. §§ 52.21(b)(23), 52.21(i)(5)(ii), and 52.21(i)(5)(iii), which are
incorporated by reference as of May 16, 2008;
(D) 40 C.F.R. §§ 52.21(b)(14)(i) (major source baseline date),
52.21(b)(14)(ii) (minor source baseline date), 52.21(b)(14)(iii), 52.21(b)(15) (baseline area),
52.21(c) (ambient air increments), 52.21(k)(1) (source impact analysis requirements), and
52.21(p) (requirements for sources impacting federal Class I areas), which are incorporated
herein by reference as of October 20, 2010; and
(E) 40 C.F.R. §§ 52.21(b)(49), 52.21(b)(50), 52.21(b)(55 – 58), 52.21(i)(9),
and 52.21(cc), which are not incorporated herein.
(2) In the absence of a specific imposition of responsibility or grant of authority,
the division shall be deemed to have that responsibility and authority necessary to attain the
purposes of the state implementation plan, this subpart, and the applicable federal regulations,
as incorporated herein by reference.
(b)(1) Exclusions from the consumption of increments, as provided in 40 C.F.R. §
51.166(f)(1)(iii) as of November 29, 2005, shall be effective immediately.
(2) Submission of the state implementation plan under the Governor's signature
constitutes a request by the Governor for this exclusion.
(c) In addition to the requirements of 40 C.F.R. § 52.21(o) as of November 29, 2005, the
following requirements, designated as subdivisions (c)(1), (2), (3), and (4) of this section, shall
also apply:
(1) Where air quality impact analyses required under this subpart indicate that
the issuance of a permit for any major stationary source or for any major modification would
result in the consumption of more than fifty percent (50%) of any available annual increment or
eighty percent (80%) of any short-term increment, the person applying for such a permit shall
submit to the division an assessment of the following factors:
(A) Effects that the proposed consumption would have upon the
industrial and economic development within the area of the proposed source; and
(B) Alternatives to such consumption, including alternative siting of the
proposed source or portions thereof;
(2) The assessment required under subdivision (c)(1) of this section shall be

made part of the application for permit and shall be made available for public inspection as
provided in 40 C.F.R. § 52.21(q) as of November 29, 2005;
(3) The assessment required under subdivision (c)(1) of this section shall be in
detail commensurate with the degree of proposed increment consumption, both in terms of
the percentage of increment consumed and the area affected; and
(4)(A) The assessment required under subdivision (c)(1) of this section may be
made effective where a proposed source would cause an increment consumption less than that
specified in said subdivision (c)(1) of this section if the Director of the Division of Environmental
Quality finds that unusual circumstances exist in the area of the proposed source that warrant
such an assessment.
(B) The director shall notify the applicant in writing of those
circumstances that warrant said assessment.
(C) The Arkansas Pollution Control and Ecology Commission may rescind
or modify the director’s action upon a showing by the applicant that the circumstances alleged
by the director either do not exist or do not warrant the aforecited assessment.
(d) In addition to the requirements of 40 C.F.R. § 52.21(p)(1) as of October 20, 2010, the
following requirements shall also apply:
(1)(A) Impacts on mandatory Class I federal areas include impacts on visibility.
(B) The preliminary determination that a source may affect air quality or
visibility in a mandatory Class I federal area shall be made by the division, based on screening
criteria agreed upon by the division and the Federal Land Manager.
(e) In all instances wherein the aforesaid 40 C.F.R. § 51.301 and 40 C.F.R. § 52.21 refer
to the Administrator of the United States Environmental Protection Agency or the United States
Environmental Protection Agency, the reference, for the purposes of subsection (a) of this
section, shall be deemed to mean the division, unless the context plainly dictates otherwise,
except in the following sections:
(1) Exclusion from increment consumption: 40 C.F.R. § 52.21(f)(1)(v), (f)(3), and
(f)(4)(I);
(2) Redesignation: 40 C.F.R. § 52.21(g)(1), (g)(2), (g)(4), (g)(5), and (g)(6); and
(3) Air quality models: 40 C.F.R. § 52.21(l)(2).
(f) Redesignation of air quality areas in Arkansas shall comply with Arkansas Code § 8-3-
101 et seq.
(g)(1) For the purpose of the regulation of greenhouse gases, only the standards and
requirements promulgated by the United States Environmental Protection Agency as of June 3,
2010, related to the permitting of greenhouse gas emissions shall apply to the requirements of
40 C.F.R. § 52.21, as of November 29, 2005, incorporated by reference at subsection (a) of this
section.
(2) The following definitions and requirements shall also apply:
(A)(i) “Emissions increase” as used in subdivisions (g)(2)(D) and (E) of this
section, means that both a significant emissions increase (as calculated using the procedures in
40 C.F.R. § 52.21(a)(2)(iv), as of November 29, 2005), and a significant net emissions increase
(as defined in 40 C.F.R. § 52.21(b)(3), as of November 29, 2005, and 40 C.F.R. § 52.21(b)(23), as
of November 29, 2005), occur.
(ii)(a) For the pollutant greenhouse gases, an emissions increase

shall be based on tons per year of CO2 equivalent emissions, and shall be calculated assuming
the pollutant greenhouse gases is a regulated new source review pollutant.
(b) “Significant” is defined as seventy-five thousand
(75,000) tons per year of CO2 equivalent emissions instead of applying the value in 40 C.F.R. §
52.21(b)(23)(ii), as of November 29, 2005;
(B) “Greenhouse gases” means the air pollutant defined as the aggregate
group of six (6) greenhouse gases, carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation except as provided
in subdivisions (g)(2)(D) and (E) of this section, and shall not be subject to regulation if the
stationary source:
(i) Maintains its total plant-wide emissions below the greenhouse
gas plant-wide applicability limitations level;
(ii) Meets the requirements in 40 C.F.R § 52.21(aa)(1) – (aa)(15) as
outlined in subdivision (a)(1)(A) of this section; and
(iii) Complies with the greenhouse gases plant-wide applicability
limitations contained in the permit;
(C) “Tons per year of CO2 equivalent emissions”, for purposes of
subdivisions (g)(2)(A), (D), and (E) of this section, shall represent an amount of greenhouse
gases emitted, and shall be computed as follows:
(i) Multiplying the mass amount of emissions in tons per year, for
each of the six (6) greenhouse gases in the pollutant greenhouse gases, by each gas’s associated
global warming potential published at Table A-1 to Subpart A of 40 C.F.R. pt. 98 – Global
Warming Potentials; and
(ii) Sum the resultant values from this subdivision (g)(2)(C) for
each gas to compute tons per year of CO2 equivalent emissions;
(D) Beginning January 2, 2011, the pollutant greenhouse gases is subject
to regulation if:
(i) The stationary source is a new major stationary source for a
regulated new source review pollutant that is not greenhouse gases, and also will emit or will
have the potential to emit greenhouse gases at seventy-five thousand (75,000) tons per year of
CO2 equivalent emissions or more; or
(ii) The stationary source is an existing major stationary source for
a regulated new source review pollutant that is not greenhouse gases, and also will have an
emissions increase of a regulated new source review pollutant, and an emissions increase of
greenhouse gases of seventy-five thousand (75,000) tons per year of CO2 equivalent emissions
or more; and
(E) [Reserved.]
(h) The following shall apply when dispersion or other air quality modeling is used to
meet the requirements of this subpart:
(1)(A) General.
(B) All applications of air quality modeling involved in this subpart shall be
based on the applicable models, databases, and other requirements specified in Appendix W of
40 C.F.R. pt. 51, Guideline on Air Quality Models; and
(2)(A) Substitution.

(B)(i) Where an air quality model specified in the Guideline on Air Quality
Models is inappropriate, the model may be modified or another model substituted.
(ii) Such a modification or substitution of a model may be made
on a case-by-case basis or, where appropriate, on a generic basis for a specific pollutant or type
of stationary source.
(iii) Written approval of the Administrator of the United States
Environmental Protection Agency must be obtained for any modification or substitution.
Authority. Arkansas Code § 8-4-311.

Subpart 9. Rules for the Control of Volatile Organic Compounds in Pulaski County
Subpart 9. Rules for the Control of Volatile Organic Compounds in Pulaski County 3041
8 CAR Section 41-901            Title
8 CAR Section 41-902            Purpose
8 CAR Section 41-903            Definitions
8 CAR Section 41-904          [Reserved]
8 CAR Section 41-905           Provisions for specific processes
Subpart 9. Rules for the Control of Volatile Organic Compounds in Pulaski County
8 CAR § 41-901. Title.
This subpart, adopted in accordance with the provisions of the Arkansas Water and Air
Pollution Control Act, Arkansas Code § 8-4-101 et seq., as amended, and pursuant to the
provisions of the Clean Air Act, shall be known as the “Rules for the Control of Volatile Organic
Compounds”.
Authority. Arkansas Code § 8-4-311.
8 CAR § 41-902. Purpose.
This subpart is designed to provide for the attainment and maintenance of the National
Ambient Air Quality Standards national ambient air quality standards for ozone in those areas
of Arkansas which have been designated as nonattainment areas by the United States
Environmental Protection Agency pursuant to the Clean Air Act and are further designed to
bring this part into compliance with the provisions of the Clean Air Act.
Authority. Arkansas Code § 8-4-311.
8 CAR § 41-903. Definitions.
(a)(1) Terms and phrases used in this subpart which are not explicitly defined herein
shall have the same meaning as those terms used in 8 CAR § 41-106 or, if not defined in 8 CAR §
41-106, as those terms defined in the Clean Air Act.
(2) Unless manifestly inconsistent therewith, terms and phrases used herein shall
have the same meaning as used in the Arkansas Water and Air Pollution Control Act, Arkansas
Code § 8-4-101 et seq., and the Clean Air Act.
(b) When used in this subpart, the following definitions apply:
(1)(A) “Cutback asphalt” means asphalt cement which has been liquefied by
blending with petroleum solvents (diluents).
(B) Upon exposure to atmospheric conditions, the diluents evaporate,
leaving the asphalt cement to perform its function; and
(2) “Prime coat” means the first of two (2) or more films of coating applied to a
metal surface.

Authority. Arkansas Code § 8-4-311.
8 CAR § 41-904. [Reserved.]
8 CAR § 41-905. Provisions for specific processes.
(a) [Reserved.]
(b) [Reserved.]
(c) Cutback asphalt. No person shall mix, use, or apply cutback asphalt for roadway
paving except where the cutback asphalt is used solely as a penetrating prime coat or when the
maximum ambient temperature on the day of application is less than fifteen degrees Celsius
(15° C) (fifty-nine degrees Fahrenheit (59° F)).
Authority. Arkansas Code § 8-4-311.
Subpart 10. Major Source Permitting Procedures
8 CAR § 41-1001. Permitting procedure for Part 70 source.
An owner or operator of a Part 70 source subject to Rules of the Arkansas Operating Air
Permit Program, 8 CAR pt. 42, shall be required to have their permit applications processed in
accordance with the procedures contained in 8 CAR pt. 42.
Authority. Arkansas Code § 8-4-311

Subpart 12. Stage I Vapor Recovery
8 CAR § 41-1201. Purpose.
The purpose of this subpart is to limit emissions of volatile organic compounds from
gasoline stored in stationary dispensing tanks and from gasoline delivered into such tanks.
Authority. Arkansas Code § 8-4-311.
8 CAR § 41-1202. Applicability.
(a) This subpart applies to all gasoline dispensing facilities and gasoline service stations
and to delivery vessels delivering gasoline to a gasoline dispensing facility or gasoline service
station in a nonattainment area.
(b) This subpart applies to all persons owning or operating a gasoline distribution facility
or gasoline service station in a nonattainment area.
Authority. Arkansas Code § 8-4-311.

8 CAR § 41-1203. Definitions.
As used in this subpart:
(1)(A) “Coaxial system” means the delivery of the product to the stationary
storage tank and the recovery of vapors from the stationary storage tank occurs through a
single coaxial fill tube that is a tube within a tube.
(B) Product is delivered through the inner tube, and vapor is recovered
through the annular space between the walls of the inner tube and outer tube;
(2) “Delivery vessel” means tank trucks or trailers equipped with a storage tank
and used for the transport of gasoline from sources of supply to stationary storage tanks of
gasoline dispensing facilities;
(3) “Dual point system” means the delivery of the product to the stationary
storage tank and the recovery of vapors from the stationary storage tank occurs through two
(2) separate openings in the storage tank and two (2) separate hoses between the tank truck
and the stationary storage tank;
(4)(A) “Gasoline” means any petroleum distillate or blend of petroleum distillates
with other combustible liquids that is used as a fuel for internal combustion engines and has a
Reid vapor pressure of four pounds per square inch (4.0 psi) or greater.
(B) This does not include diesel fuel or liquefied petroleum gas;
(5) “Gasoline dispensing facility” means any site where gasoline is dispensed to
motor vehicle gasoline tanks from stationary storage tanks;
(6) “Gasoline service station” means any gasoline dispensing facility where
gasoline is sold to the motoring public from stationary storage tanks;
(7)(A) “Independent small business marketer” means a person engaged in the
marketing of gasoline unless such person:
(i) Is a refiner or controls, is controlled by, or is under common
control with a refiner or is otherwise directly or indirectly affiliated with a refiner or with a
person who controls, is controlled by, or is under common control with a refiner, unless the
sole affiliation referred to is by means of a supply contract or an agreement or contract to use a
trademark, trade name, service mark, or other identifying symbol or name owned by such
refiner or any such person; or
(ii) Receives less than fifty percent (50%) of his or her annual
income from refining or marketing of gasoline.
(B) For purposes of this subpart, the term “refiner” shall not include any
refiner whose total refinery capacity (including the refinery capacity of any person who
controls, is controlled by, or is under common control with, such refiner) does not exceed sixtyfive
thousand (65,000) barrels per day.
(C) For purposes of this section, “control” of a corporation means
ownership of more than fifty percent (50%) of its stock;
(8) “Leak free” means a condition in which there is no liquid gasoline escape or
seepage of more than three (3) drops per minute from gasoline storage, handling, and ancillary
equipment, including, but not limited to, seepage and escapes from aboveground fittings;
(9) “Line” means any pipe suitable for transferring gasoline;
(10) “Nonattainment area” means a county or counties designated by the United
States Environmental Protection Agency as not meeting the national ambient air quality
standards for ozone;
(11) “Operator” means any person who leases, operates, controls, or supervises

a facility at which gasoline is dispensed;
(12) “Owner” means any person who has legal or equitable title to the gasoline
storage tank at a facility;
(13) “Poppeted vapor recovery adaptor” means a vapor recovery adaptor that
automatically and immediately closes itself when the vapor return line is disconnected and
maintains a tight seal when the vapor return line is not connected;
(14) “Stationary storage tank” means a gasoline storage container that is a
permanent fixture;
(15) “Submerged fill pipe” means any fill pipe with a discharge opening that is
entirely submerged when the pipe normally used to withdraw liquid from the tank can no
longer withdraw any liquid, or that is entirely submerged when the level of the liquid is:
(A) Six inches (6”) above the bottom of the tank if the tank does not have
a vapor recovery adaptor; or
(B)(i) Twelve inches (12”) above the bottom of the tank if the tank has a
vapor recovery adaptor.
(ii) If the opening of the submerged fill pipe is cut at a slant, the
distance is measured from the top of the slanted cut to the bottom of the tank;
(16) “Throughput” means the amount of gasoline dispensed at a facility; and
(17) “Vapor tight” means a condition in which an organic vapor analyzer or a
combustible gas detector at a potential volatile organic compounds leak source shows either
less than ten thousand parts per million (10,000 ppm) when calibrated with methane, or less
than twenty percent (20%) of the lower explosive limit when calibrated and operated according
to the manufacturer’s specifications.
Authority. Arkansas Code § 8-4-311.
8 CAR § 41-1204. Exemptions.
This subpart does not apply to:
(1) Transfers made to storage tanks at gasoline dispensing facilities or gasoline
service stations equipped with floating roofs or their equivalent;
(2) Stationary storage tanks with a capacity of not more than five hundred fifty
gallons (550 gals.), if the tanks are equipped with a submerged fill pipe;
(3) Stationary storage tanks used exclusively for the fueling of implements of
normal farm operations;
(4) Facilities selling less than ten thousand gallons (10,000 gals.) of gasoline per
month;
(5) Independent small business marketers of gasoline selling less than fifty
thousand gallons (50,000 gals.) per month;
(6) Any other facility or use exempted by state or federal statute.
Authority. Arkansas Code § 8-4-311.


8 CAR § 41-1205. Prohibited activities.
No person may cause, allow, or permit the transfer of gasoline from any delivery vessel

into any stationary storage tank unless such transfer complies with the following requirements:
(1) The stationary storage tank is equipped with a submerged fill pipe and the
vapors displaced from the tank during filling are controlled by a vapor control system as
described herein;
(2) The vapor control system is in good working order and is connected and
operating with a vapor-tight connection;
(3) The vapor control system is properly maintained and any damaged or
malfunctioning components or elements of design have been repaired, replaced, or modified;
(4) Gauges, meters, or other specified testing devices are maintained in proper
working order;
(5) All loading lines and vapor lines of delivery vessels and vapor collection
systems are equipped with fittings that are leak-tight and vapor-tight;
(6) All hatches on the delivery vessel are kept closed and securely fastened; and
(7) The stationary storage tank has been tested, no less than annually, on a
schedule acceptable to the Director of the Division of Environmental Quality according to the
test methods required herein.
Authority. Arkansas Code § 8-4-311.
8 CAR § 41-1206. Recordkeeping.
The following records shall be maintained for not less than two (2) years and the same
shall be made available for inspection by the Division of Environmental Quality:
(1) The scheduled date for maintenance and testing, and the date that a
malfunction was detected;
(2) The date the maintenance and testing was performed or the malfunction
corrected;
(3) The date the component or element of design of the control system was
repaired, replaced, or modified; and
(4) Monthly totals of gallons of gasoline sold by the facility.
Authority. Arkansas Code § 8-4-311.
8 CAR § 41-1207. Inspections.
(a) The premises of any gasoline dispensing facility or gasoline service station shall be
available for inspection by representatives of the Division of Environmental Quality.
(b) The process of transfer of gasoline from any delivery vessel into any stationary
storage tank shall be subject to observation and inspection by representatives of the division.
Authority. Arkansas Code § 8-4-311.
8 CAR § 41-1208. Vapor recovery systems.
(a) The vapor control system required by 8 CAR § 41-1205 shall include one (1) or more
of the following:
(1) A vapor-tight line from the stationary storage tank to the delivery vessel and:

(A) For a coaxial vapor recovery system, either a poppeted or
unpoppeted vapor recovery adaptor; or
(B) For a dual point vapor recovery system, a poppeted vapor recovery
adaptor;
(2) A refrigeration-condensation system or equivalent designed to recover or
destroy at least ninety percent (90%) by weight of the organic compounds in the displaced
vapor.
(b) If an unpoppeted vapor recovery adaptor is used, the tank liquid fill connection shall
remain covered either with a vapor-tight cap or a vapor return line except when the vapor
return line is being connected or disconnected.
(c) If an unpoppeted vapor recovery adaptor is used, the unpoppeted vapor recovery
adaptor shall be replaced with a poppeted vapor recovery adaptor when the tank is replaced or
upgraded.
(d)(1) Where vapor lines from the storage tanks are manifolded, poppeted vapor
recovery adapters shall be used.
(2) No more than one (1) tank is to be loaded at a time if the manifold vapor
lines have a nominal pipe size of less than three inches (3”).
(3) If the manifold vapor lines have a nominal pipe size of three inches (3”) or
larger, then two (2) tanks at a time may be loaded.
(e) Vent lines on stationary storage tanks shall have pressure release valves or
restrictors.
Authority. Arkansas Code § 8-4-311.
8 CAR § 41-1209. Gasoline delivery vessels.
(a) Gasoline delivery vessels shall be designed and maintained to be vapor-tight during
loading and unloading operations and during transport.
(b) Gasoline delivery vessels shall be tested, no less than annually, on a schedule
acceptable to the Director of the Division of Environmental Quality according to the test
methods required herein.
(c) Gasoline delivery vessels shall sustain a pressure change of no more than seven
hundred fifty (750) pascals (three inches (3”) of H2O) in five (5) minutes when pressurized to a
gauge pressure of four thousand five hundred (4,500) pascals (eighteen inches (18”) of H2O) or
evacuated to a gauge pressure of one thousand five hundred (1,500) pascals (six inches (6”) of
H2O) during testing.
Authority. Arkansas Code § 8-4-311.
8 CAR § 41-1210. Owner/operator responsibility.
(a) It shall be the responsibility of owners and operators of gasoline dispensing facilities
and gasoline service stations to assure compliance with this subpart and to disallow the transfer
from any delivery vessel that does not comply with those requirements of this subpart
applicable to delivery vessels.
(b) It shall be the responsibility of owners, operators, and drivers of delivery vessels to

assure compliance with this subpart and to refuse to transfer from any delivery vessel that does
not comply with those requirements of this subpart applicable to delivery vessels.
(c) It shall be the responsibility of owners and operators of gasoline dispensing facilities
and gasoline service stations to properly maintain, repair, replace, modify, and test the vapor
recovery system components of stationary storage tanks regulated herein.
(d) It shall be the responsibility of owners and operators of gasoline dispensing facilities,
gasoline service stations, and gasoline delivery vehicles to repair and retest equipment within
fifteen (15) days of a test that exceeds the limitations set forth herein.
Authority. Arkansas Code § 8-4-311.
8 CAR § 41-1211. Test methods.
(a) Test method for leak detection:
(1) Within four (4) hours prior to monitoring, the organic vapor analyzer or
combustible gas detector shall be suitably calibrated in a manner and with the gas specified by
the manufacturer for twenty percent (20%) of the lower explosive limit response, or calibrated
with methane for a ten thousand parts per million (10,000 ppm) response;
(2) The probe inlet shall be two and one-half centimeters (2.5 cm) or less from
the potential leak source when searching for leaks; and
(3)(A) The highest detector reading and location for each incident of detected
leakage shall be recorded, along with the date, time, and name of the person performing the
testing.
(B) If no gasoline vapor is detected, that fact shall be recorded.
(b)(1) Control efficiency of vapor recovery systems and vapor collection/processing
systems shall be determined according to EPA Method 2A and either EPA Method 25A or 25B.
(2) EPA Method 2B shall be used for vapor incineration devices.
(c)(1) Vapor pressure of gasoline shall be determined using American Society for Testing
and Materials (ASTM) Method D323-94 or ASTM Method D4953-93.
(2) Method D323-94 shall be used for gasoline either containing no oxygenates
or MTBE (methyl ethyl butyl ether) as the sole oxygenate.
(3) Method D4953-93 shall be used for oxygenated gasoline.
Authority. Arkansas Code § 8-4-311.
8 CAR § 41-1212. Effective date.
(a) The requirements of this subpart shall be effective within nonattainment areas one
(1) year after the designation by the United States Environmental Protection Agency of an area
as a nonattainment area.
(b) In the case of an independent small business marketer with sales of fifty thousand
gallons (50,000 gals.) or more per month, this subpart shall be phased in as follows:
(1) Thirty-three percent (33%) of facilities shall be in compliance at the end of
the first year;
(2) Sixty-six percent (66%) at the end of the second year; and
(3) One hundred percent (100%) at the end of the third year.

Authority. Arkansas Code § 8-4-311.
Subpart 13. [Reserved]
Subpart 14. Best Available Retrofit Technology
8 CAR § 41-1401. Purpose.
This subpart establishes certain best available retrofit control technology requirements
and compliance provisions pursuant to 40 C.F.R. § 51.308 as of June 22, 2007.
Authority. Arkansas Code § 8-4-311.
8 CAR § 41-1402. Definitions.
For purposes of this subpart, the definitions contained in 40 C.F.R. § 51.301, as in effect
on June 22, 2007, are incorporated by reference.
Authority. Arkansas Code § 8-4-311.
8 CAR § 41-1403. [Reserved.]
8 CAR § 41-1404. [Reserved.]
8 CAR § 41-1405. Best available retrofit technology requirements.
(a) SWEPCO Flint Creek Power Plant (AFIN 04-00107) shall comply with best available
retrofit technology requirements for particulate matter at SN-01 by meeting the existing
permitted particulate matter emission limit as of October 15, 2007.
(b) [Reserved.]
(c) [Reserved.]
(d) [Reserved.]
(e) Entergy Arkansas, Inc. White Bluff (AFIN 35-00110) shall comply with best available
retrofit technology requirements for particulate matter at Unit 1 (SN-01) and Unit 2 (SN-02) by
meeting existing permitted particulate matter emission limits for the respective units as of
October 15, 2007.
(f) [Reserved.]
(g) [Reserved.]
(h) [Reserved.]
(i) [Reserved.]
(j) [Reserved.]
(k) [Reserved.]
(l) Entergy Arkansas, Inc. Lake Catherine (AFIN 30-00011) shall comply with best
available retrofit technology requirements for particulate matter when burning natural gas at
Unit 4 Boiler (SN-03) by meeting the existing permitted particulate matter emission limit as of
October 15, 2007.

Authority. Arkansas Code § 8-4-311.
Codification Notes. “SWEPCO” refers to Southwestern Electric Power Company.
8 CAR § 41-1406. Compliance provisions.
The owner or operator of each stationary source subject to 8 CAR § 41-1405 shall:
(1) Comply with the applicable emission limit as expeditiously as practicable, but
in no event later than five (5) years after the United States Environmental Protection Agency
approval of the emission limit into the Arkansas state implementation plan;
(2) Properly operate and maintain the control equipment necessary to comply
with the applicable emission limitations set forth in 8 CAR § 41-1405;
(3) Establish and implement procedures to ensure that the control equipment
necessary to comply with the applicable emission limitations set forth in 8 CAR § 41-1405 is
properly operated and maintained; and
(4) Demonstrate compliance with the applicable emission limitations listed in 8
CAR § 41-1405 in accordance with the provisions of Subpart 6 of this part.
Authority. Arkansas Code § 8-4-311.
Subpart 15. [Reserved]

subject to reopening to incorporate the applicable requirements of this subpart in accordance

Subpart 17. Effective Date
8 CAR § 41-1701. Effective date.
This part is effective ten (10) days after filing with the:
(1) Secretary of State;
(2) Arkansas State Library; and
(3) Bureau of Legislative Research.
Authority. Arkansas Code § 8-4-311.

Subpart 10. Major Source Permitting Procedures 3042

8 CAR Section 41-1001        Permitting procedure for part 70 source
Subpart 10. Major Source Permitting Procedures
8 CAR § 41-1001. Permitting procedure for Part 70 source.
An owner or operator of a Part 70 source subject to Rules of the Arkansas Operating Air
Permit Program, 8 CAR pt. 42, shall be required to have their permit applications processed in
accordance with the procedures contained in 8 CAR pt. 42.
Authority. Arkansas Code § 8-4-311.

Subpart 12. Stage 1 Vapor Recovery 3042

8 CAR Section 41-1201        Purpose
8 CAR Section 41-1202        Applicability
Subpart 12. Stage I Vapor Recovery
8 CAR § 41-1201. Purpose.
The purpose of this subpart is to limit emissions of volatile organic compounds from
gasoline stored in stationary dispensing tanks and from gasoline delivered into such tanks.
Authority. Arkansas Code § 8-4-311.

8 CAR § 41-1202. Applicability.
(a) This subpart applies to all gasoline dispensing facilities and gasoline service stations
and to delivery vessels delivering gasoline to a gasoline dispensing facility or gasoline service
station in a nonattainment area.
(b) This subpart applies to all persons owning or operating a gasoline distribution facility
or gasoline service station in a nonattainment area.
Authority. Arkansas Code § 8-4-311.

8 CAR Section 41-1203        Definitions
8 CAR § 41-1203. Definitions.
As used in this subpart:
(1)(A) “Coaxial system” means the delivery of the product to the stationary
storage tank and the recovery of vapors from the stationary storage tank occurs through a
single coaxial fill tube that is a tube within a tube.
(B) Product is delivered through the inner tube, and vapor is recovered
through the annular space between the walls of the inner tube and outer tube;
(2) “Delivery vessel” means tank trucks or trailers equipped with a storage tank
and used for the transport of gasoline from sources of supply to stationary storage tanks of
gasoline dispensing facilities;
(3) “Dual point system” means the delivery of the product to the stationary
storage tank and the recovery of vapors from the stationary storage tank occurs through two
(2) separate openings in the storage tank and two (2) separate hoses between the tank truck
and the stationary storage tank;
(4)(A) “Gasoline” means any petroleum distillate or blend of petroleum distillates
with other combustible liquids that is used as a fuel for internal combustion engines and has a
Reid vapor pressure of four pounds per square inch (4.0 psi) or greater.
(B) This does not include diesel fuel or liquefied petroleum gas;
(5) “Gasoline dispensing facility” means any site where gasoline is dispensed to
motor vehicle gasoline tanks from stationary storage tanks;
(6) “Gasoline service station” means any gasoline dispensing facility where
gasoline is sold to the motoring public from stationary storage tanks;
(7)(A) “Independent small business marketer” means a person engaged in the
marketing of gasoline unless such person:
(i) Is a refiner or controls, is controlled by, or is under common
control with a refiner or is otherwise directly or indirectly affiliated with a refiner or with a
person who controls, is controlled by, or is under common control with a refiner, unless the
sole affiliation referred to is by means of a supply contract or an agreement or contract to use a
trademark, trade name, service mark, or other identifying symbol or name owned by such
refiner or any such person; or
(ii) Receives less than fifty percent (50%) of his or her annual
income from refining or marketing of gasoline.
(B) For purposes of this subpart, the term “refiner” shall not include any
refiner whose total refinery capacity (including the refinery capacity of any person who
controls, is controlled by, or is under common control with, such refiner) does not exceed sixtyfive
thousand (65,000) barrels per day.
(C) For purposes of this section, “control” of a corporation means
ownership of more than fifty percent (50%) of its stock;
(8) “Leak free” means a condition in which there is no liquid gasoline escape or
seepage of more than three (3) drops per minute from gasoline storage, handling, and ancillary
equipment, including, but not limited to, seepage and escapes from aboveground fittings;
(9) “Line” means any pipe suitable for transferring gasoline;
(10) “Nonattainment area” means a county or counties designated by the United
States Environmental Protection Agency as not meeting the national ambient air quality
standards for ozone;
(11) “Operator” means any person who leases, operates, controls, or supervises
a facility at which gasoline is dispensed;
(12) “Owner” means any person who has legal or equitable title to the gasoline
storage tank at a facility;
(13) “Poppeted vapor recovery adaptor” means a vapor recovery adaptor that
automatically and immediately closes itself when the vapor return line is disconnected and
maintains a tight seal when the vapor return line is not connected;
(14) “Stationary storage tank” means a gasoline storage container that is a
permanent fixture;
(15) “Submerged fill pipe” means any fill pipe with a discharge opening that is
entirely submerged when the pipe normally used to withdraw liquid from the tank can no
longer withdraw any liquid, or that is entirely submerged when the level of the liquid is:
(A) Six inches (6”) above the bottom of the tank if the tank does not have
a vapor recovery adaptor; or
(B)(i) Twelve inches (12”) above the bottom of the tank if the tank has a
vapor recovery adaptor.
(ii) If the opening of the submerged fill pipe is cut at a slant, the
distance is measured from the top of the slanted cut to the bottom of the tank;
(16) “Throughput” means the amount of gasoline dispensed at a facility; and
(17) “Vapor tight” means a condition in which an organic vapor analyzer or a
combustible gas detector at a potential volatile organic compounds leak source shows either
less than ten thousand parts per million (10,000 ppm) when calibrated with methane, or less
than twenty percent (20%) of the lower explosive limit when calibrated and operated according
to the manufacturer’s specifications.
Authority. Arkansas Code § 8-4-311.


8 CAR Section 41-1204        Exemptions
8 CAR § 41-1204. Exemptions.
This subpart does not apply to:
(1) Transfers made to storage tanks at gasoline dispensing facilities or gasoline
service stations equipped with floating roofs or their equivalent;
(2) Stationary storage tanks with a capacity of not more than five hundred fifty
gallons (550 gals.), if the tanks are equipped with a submerged fill pipe;
(3) Stationary storage tanks used exclusively for the fueling of implements of
normal farm operations;
(4) Facilities selling less than ten thousand gallons (10,000 gals.) of gasoline per
month;
(5) Independent small business marketers of gasoline selling less than fifty
thousand gallons (50,000 gals.) per month;
(6) Any other facility or use exempted by state or federal statute.
Authority. Arkansas Code § 8-4-311.
 

8 CAR Section 41-1205         Prohibited activities
8 CAR § 41-1205. Prohibited activities.
No person may cause, allow, or permit the transfer of gasoline from any delivery vessel
into any stationary storage tank unless such transfer complies with the following requirements:
(1) The stationary storage tank is equipped with a submerged fill pipe and the
vapors displaced from the tank during filling are controlled by a vapor control system as
described herein;
(2) The vapor control system is in good working order and is connected and
operating with a vapor-tight connection;
(3) The vapor control system is properly maintained and any damaged or
malfunctioning components or elements of design have been repaired, replaced, or modified;
(4) Gauges, meters, or other specified testing devices are maintained in proper
working order;
(5) All loading lines and vapor lines of delivery vessels and vapor collection
systems are equipped with fittings that are leak-tight and vapor-tight;
(6) All hatches on the delivery vessel are kept closed and securely fastened; and
(7) The stationary storage tank has been tested, no less than annually, on a
schedule acceptable to the Director of the Division of Environmental Quality according to the
test methods required herein.
Authority. Arkansas Code § 8-4-311.
8 CAR § 41-1206. Recordkeeping.
The following records shall be maintained for not less than two (2) years and the same
shall be made available for inspection by the Division of Environmental Quality:
(1) The scheduled date for maintenance and testing, and the date that a
malfunction was detected;
(2) The date the maintenance and testing was performed or the malfunction
corrected;
(3) The date the component or element of design of the control system was
repaired, replaced, or modified; and
(4) Monthly totals of gallons of gasoline sold by the facility.
Authority. Arkansas Code § 8-4-311.
8 CAR § 41-1207. Inspections.
(a) The premises of any gasoline dispensing facility or gasoline service station shall be
available for inspection by representatives of the Division of Environmental Quality.
(b) The process of transfer of gasoline from any delivery vessel into any stationary
storage tank shall be subject to observation and inspection by representatives of the division.
Authority. Arkansas Code § 8-4-311.






8 CAR Section 41-1206        Recordkeeping

8 CAR Section 41-1207         Inspections

8 CAR Section 41-1208         Vapor recovery systems
8 CAR § 41-1208. Vapor recovery systems.
(a) The vapor control system required by 8 CAR § 41-1205 shall include one (1) or more
of the following:
(1) A vapor-tight line from the stationary storage tank to the delivery vessel and:
(A) For a coaxial vapor recovery system, either a poppeted or
unpoppeted vapor recovery adaptor; or
(B) For a dual point vapor recovery system, a poppeted vapor recovery
adaptor;
(2) A refrigeration-condensation system or equivalent designed to recover or
destroy at least ninety percent (90%) by weight of the organic compounds in the displaced
vapor.
(b) If an unpoppeted vapor recovery adaptor is used, the tank liquid fill connection shall
remain covered either with a vapor-tight cap or a vapor return line except when the vapor
return line is being connected or disconnected.
(c) If an unpoppeted vapor recovery adaptor is used, the unpoppeted vapor recovery
adaptor shall be replaced with a poppeted vapor recovery adaptor when the tank is replaced or
upgraded.
(d)(1) Where vapor lines from the storage tanks are manifolded, poppeted vapor
recovery adapters shall be used.
(2) No more than one (1) tank is to be loaded at a time if the manifold vapor
lines have a nominal pipe size of less than three inches (3”).
(3) If the manifold vapor lines have a nominal pipe size of three inches (3”) or
larger, then two (2) tanks at a time may be loaded.
(e) Vent lines on stationary storage tanks shall have pressure release valves or
restrictors.
Authority. Arkansas Code § 8-4-311.

8 CAR Section 41-1209         Gasoline delivery vessels
8 CAR § 41-1209. Gasoline delivery vessels.
(a) Gasoline delivery vessels shall be designed and maintained to be vapor-tight during
loading and unloading operations and during transport.
(b) Gasoline delivery vessels shall be tested, no less than annually, on a schedule
acceptable to the Director of the Division of Environmental Quality according to the test
methods required herein.
(c) Gasoline delivery vessels shall sustain a pressure change of no more than seven
hundred fifty (750) pascals (three inches (3”) of H2O) in five (5) minutes when pressurized to a
gauge pressure of four thousand five hundred (4,500) pascals (eighteen inches (18”) of H2O) or
evacuated to a gauge pressure of one thousand five hundred (1,500) pascals (six inches (6”) of
H2O) during testing.
Authority. Arkansas Code § 8-4-311.

8 CAR Section 41-1210         Owner/operator responsibility
8 CAR § 41-1210. Owner/operator responsibility.
(a) It shall be the responsibility of owners and operators of gasoline dispensing facilities
and gasoline service stations to assure compliance with this subpart and to disallow the transfer
from any delivery vessel that does not comply with those requirements of this subpart
applicable to delivery vessels.
(b) It shall be the responsibility of owners, operators, and drivers of delivery vessels to
assure compliance with this subpart and to refuse to transfer from any delivery vessel that does
not comply with those requirements of this subpart applicable to delivery vessels.
(c) It shall be the responsibility of owners and operators of gasoline dispensing facilities
and gasoline service stations to properly maintain, repair, replace, modify, and test the vapor
recovery system components of stationary storage tanks regulated herein.
(d) It shall be the responsibility of owners and operators of gasoline dispensing facilities,
gasoline service stations, and gasoline delivery vehicles to repair and retest equipment within
fifteen (15) days of a test that exceeds the limitations set forth herein.
Authority. Arkansas Code § 8-4-311.

8 CAR Section 41-1211         Test methods
8 CAR § 41-1211. Test methods.
(a) Test method for leak detection:
(1) Within four (4) hours prior to monitoring, the organic vapor analyzer or
combustible gas detector shall be suitably calibrated in a manner and with the gas specified by
the manufacturer for twenty percent (20%) of the lower explosive limit response, or calibrated
with methane for a ten thousand parts per million (10,000 ppm) response;
(2) The probe inlet shall be two and one-half centimeters (2.5 cm) or less from
the potential leak source when searching for leaks; and
(3)(A) The highest detector reading and location for each incident of detected
leakage shall be recorded, along with the date, time, and name of the person performing the
testing.
(B) If no gasoline vapor is detected, that fact shall be recorded.
(b)(1) Control efficiency of vapor recovery systems and vapor collection/processing
systems shall be determined according to EPA Method 2A and either EPA Method 25A or 25B.
(2) EPA Method 2B shall be used for vapor incineration devices.
(c)(1) Vapor pressure of gasoline shall be determined using American Society for Testing
and Materials (ASTM) Method D323-94 or ASTM Method D4953-93.
(2) Method D323-94 shall be used for gasoline either containing no oxygenates
or MTBE (methyl ethyl butyl ether) as the sole oxygenate.
(3) Method D4953-93 shall be used for oxygenated gasoline.
Authority. Arkansas Code § 8-4-311.

8 CAR Section 41-1212         Effective date
8 CAR § 41-1212. Effective date.
(a) The requirements of this subpart shall be effective within nonattainment areas one
(1) year after the designation by the United States Environmental Protection Agency of an area
as a nonattainment area.
(b) In the case of an independent small business marketer with sales of fifty thousand
gallons (50,000 gals.) or more per month, this subpart shall be phased in as follows:
(1) Thirty-three percent (33%) of facilities shall be in compliance at the end of
the first year;
(2) Sixty-six percent (66%) at the end of the second year; and
(3) One hundred percent (100%) at the end of the third year.

Subpart 13. [Reserved] 3042

Subpart 14. Best Available Retrofit Technology 3042

8 CAR Section 41-1401         Purpose

8 CAR Section 41-1402         Definitions

8 CAR Section 41-1403          [Reserved]

8 CAR Section 41-1404          [Reserved]

8 CAR Section 41-1405          Best available retrofit technology requirements
Authority. Arkansas Code § 8-4-311.
Subpart 13. [Reserved]
Subpart 14. Best Available Retrofit Technology
8 CAR § 41-1401. Purpose.
This subpart establishes certain best available retrofit control technology requirements
and compliance provisions pursuant to 40 C.F.R. § 51.308 as of June 22, 2007.
Authority. Arkansas Code § 8-4-311.
8 CAR § 41-1402. Definitions.
For purposes of this subpart, the definitions contained in 40 C.F.R. § 51.301, as in effect
on June 22, 2007, are incorporated by reference.
Authority. Arkansas Code § 8-4-311.
8 CAR § 41-1403. [Reserved.]
8 CAR § 41-1404. [Reserved.]
8 CAR § 41-1405. Best available retrofit technology requirements.
(a) SWEPCO Flint Creek Power Plant (AFIN 04-00107) shall comply with best available
retrofit technology requirements for particulate matter at SN-01 by meeting the existing
permitted particulate matter emission limit as of October 15, 2007.
(b) [Reserved.]
(c) [Reserved.]
(d) [Reserved.]
(e) Entergy Arkansas, Inc. White Bluff (AFIN 35-00110) shall comply with best available
retrofit technology requirements for particulate matter at Unit 1 (SN-01) and Unit 2 (SN-02) by
meeting existing permitted particulate matter emission limits for the respective units as of
October 15, 2007.
(f) [Reserved.]
(g) [Reserved.]
(h) [Reserved.]
(i) [Reserved.]
(j) [Reserved.]
(k) [Reserved.]
(l) Entergy Arkansas, Inc. Lake Catherine (AFIN 30-00011) shall comply with best
available retrofit technology requirements for particulate matter when burning natural gas at
Unit 4 Boiler (SN-03) by meeting the existing permitted particulate matter emission limit as of
October 15, 2007.
Authority. Arkansas Code § 8-4-311.

Codification Notes. “SWEPCO” refers to Southwestern Electric Power Company.

8 CAR Section 41-1406          Compliance provisions
8 CAR § 41-1406. Compliance provisions.
The owner or operator of each stationary source subject to 8 CAR § 41-1405 shall:
(1) Comply with the applicable emission limit as expeditiously as practicable, but
in no event later than five (5) years after the United States Environmental Protection Agency
approval of the emission limit into the Arkansas state implementation plan;
(2) Properly operate and maintain the control equipment necessary to comply
with the applicable emission limitations set forth in 8 CAR § 41-1405;
(3) Establish and implement procedures to ensure that the control equipment
necessary to comply with the applicable emission limitations set forth in 8 CAR § 41-1405 is
properly operated and maintained; and
(4) Demonstrate compliance with the applicable emission limitations listed in 8
CAR § 41-1405 in accordance with the provisions of Subpart 6 of this part.
Authority. Arkansas Code § 8-4-311.

 

Subpart 15. [Reserved]
Subpart 15. [Reserved] 3043
 

subject to reopening to incorporate the applicable requirements of this subpart in accordance
 

8 CAR Section 41-1701          Effective Date

Subpart 17. Effective Date
8 CAR § 41-1701. Effective date.
This part is effective ten (10) days after filing with the:
(1) Secretary of State;
(2) Arkansas State Library; and
(3) Bureau of Legislative Research.
Authority. Arkansas Code § 8-4-311.

ARKANSAS POLLUTION CONTROL AND
ECOLOGY COMMISSION
8 CAR pt. 41
APPENDIX A
INSIGNIFICANT ACTIVITIES LIST
Appendix A: Insignificant Activities List
8 CAR Section 41, Appendix A: Insignificant Activities List 3043
INSIGNIFICANT ACTIVITIES LIST
APPENDIX A: INSIGNIFICANT ACTIVITIES LIST
The following types of activities or emissions are deemed insignificant on the basis of size,
emission rate, production rate, or activity. Certain of these listed activities include qualifying
statements intended to exclude many similar activities. By such listing, the Division exempts
certain sources or types of sources from the requirements to obtain a permit or plan under
this rule. Listing in this part has no effect on any other law to which the activity may be
subject. Any activity for which a state or federal applicable requirement applies (such as a
new source performance standard, a national emission standard for hazardous air
pollutants, or maximum achievable control technology) is not insignificant, even if this
activity meets the criteria below.
Group A
The following emission units, operations, or activities must either be listed as insignificant or
included in the permit application as sources to be permitted. The ton-per-year applicability
levels are for all sources listed in the categories (i.e., cumulative total).
1. Fuel burning equipment with a design rate less than ten (10) MMBtu per hour,
provided that the aggregate air pollutant specific emissions from all such units listed
as insignificant do not exceed five (5) tons per year of any combination of hazardous
air pollutants, and ten (10) tons per year of any other air pollutant.
2. Storage tanks less than or equal to two hundred fifty (250) gallons storing organic
liquids having a true vapor pressure less than or equal to three and one-half (3.5)
pounds-force per square inch absolute, provided that the aggregate air pollutant
specific emissions from all such liquid storage tanks listed as insignificant do not
exceed five (5) tons per year of any combination of hazardous air pollutants and ten
(10) tons per year of any other air pollutant.
3. Storage tanks less than or equal to ten thousand (10,000) gallons storing organic
liquids having a true vapor pressure less than or equal to one-half (0.5) pounds-force
per square inch absolute, provided that the aggregate air pollutant specific emissions
from all such liquid storage tanks listed as insignificant do not exceed five (5) tons per
year of any combination of hazardous air pollutants and ten (10) tons per year of any
other air pollutant.

4. Caustic storage tanks that contain no volatile organic compounds.
5. Emissions from laboratory equipment/vents used exclusively for routine chemical or
physical analysis for quality control or environmental monitoring purposes provided
that the aggregate air pollutant specific emissions from all such equipment/vents
considered
insignificant do not exceed five (5) tons per year of any combination of hazardous
air pollutants and ten (10) tons per year of any other air pollutant.
6. Non-commercial water washing operations of empty drums less than or equal to fiftyfive
(55) gallons with less than three percent (3%) of the maximum container volume
of material.
7. Welding or cutting equipment related to manufacturing activities that do not result
in aggregate emissions of hazardous air pollutants in excess of one-tenth (0.1) tons
per year.
8. Containers of less than or equal to five (5) gallons in capacity that do not emit any
detectable volatile organic compounds or hazardous air pollutants when closed. This
includes filling, blending, or mixing of the contents of such containers by a retailer.
9. Equipment used for surface coating, painting, dipping, or spraying operations,
provided the material used contains no more than four-tenths (0.4) lb/gal volatile
organic compounds, no hexavalent chromium, and no more than one-tenth (0.1) tons
per year of all other hazardous air pollutants.
10. Non-production equipment approved by the Division, used for waste treatability
studies or other pollution prevention programs provided that the emissions are less
than ten (10) tons per year of any air pollutant regulated under this rule or less than
two (2) tons per year of a single hazardous air pollutant or five (5) tons per year of
any combination of hazardous air pollutants.1
11. Operation of groundwater remediation wells, including emissions from the pumps
and collection activities provided that the emissions are less than ten (10) tons per
year of any air pollutant regulated under this rule or less than two (2) tons per year
of a single hazardous air pollutant or five (5) tons per year of any combination of
1 The treatability study or pollution prevention program must be approved separately. The activity creating the
emissions must also be determined to be insignificant as discussed in the introduction to this group.

hazardous air pollutants. This does not include emissions from air-stripping or
storage.
12. Emergency use generators, boilers, or other fuel burning equipment that is of equal
or smaller capacity than the primary operating unit, cannot be used in conjunction
with the primary operating unit, and does not emit or have the potential to emit
regulated air pollutants in excess of the primary operating unit and not operated
more than ninety (90) days a year. This does not apply to generators that provide
electricity to the distribution grid.
13. Other activities for which the facility demonstrates that no enforceable permit
conditions are necessary to ensure compliance with any applicable law or rule
provided that the emissions are less than one (1) ton per year of a single hazardous
air pollutant or two and one-half (2.5) tons per year of any combination of hazardous
air pollutants, or five (5) tons per year of any other air pollutant regulated under this
rule. These emission limits apply to the sum of all activities listed under this group.
Group B
The following emission units, operations, or activities need not be included in a
permit application:
1. Combustion emissions from propulsion of mobile sources and emissions from
refueling these sources unless regulated by Title II and required to obtain a permit
under Title V of the Clean Air Act, as amended. This does not include emissions from
any transportable units, such as temporary compressors or boilers. This does not
include emissions from loading racks or fueling operations covered under any
applicable federal requirements.
2. Air conditioning and heating units used for comfort that do not have applicable
requirements under Title VI of the Clean Air Act.
3. Ventilating units used for human comfort that do not exhaust air pollutants into the
ambient air from any manufacturing/industrial or commercial process.
4. Non-commercial food preparation or food preparation at restaurants, cafeterias, or
caterers, etc.
5. Consumer use of office equipment and products, not including commercial printers
or business primarily involved in photographic reproduction.

6. Janitorial services and consumer use of janitorial products.
7. Internal combustion engines used for landscaping purposes.
8. Laundry activities, except for dry-cleaning and steam boilers.
9. Bathroom/toilet emissions.
10. Emergency (backup) electrical generators at residential locations.
11. Tobacco smoking rooms and areas.
12. Blacksmith forges.
13. Maintenance of grounds or buildings, including: lawn care, weed control, pest
control, and water washing activities.
14. Repair, up-keep, maintenance, or construction activities not related to the source’s
primary business activity, and not otherwise triggering a permit modification. This
may include, but is not limited to such activities as general repairs, cleaning, painting,
welding, woodworking, plumbing, re-tarring roofs, installing insulation, paved/paving
parking lots, miscellaneous solvent use, application of refractory, or insulation,
brazing, soldering, the use of adhesives, grinding, and cutting.2
15. Surface-coating equipment during miscellaneous maintenance and construction
activities. This activity specifically does not include any facility whose primary
business activity is surface-coating or includes surface-coating or products.
16. Portable electrical generators that can be “moved by hand” from one location to
another.3
17. Hand-held equipment for buffing, polishing, cutting, drilling, sawing, grinding,
turning, or machining wood, metal, or plastic.
2 Cleaning and painting activities qualify if they are not subject to volatile organic compounds or hazardous air
pollutant control requirements. Asphalt batch plant owners/operators must get a permit.
3 “Moved by hand” means that it can be moved by one person without assistance of any motorized or nonmotorized
vehicle, conveyance, or device.

18. Brazing or soldering equipment related to manufacturing activities that do not result
in emission of hazardous air pollutants.4
19. Air compressors and pneumatically operated equipment, including hand tools.
20. Batteries and battery charging stations, except at battery manufacturing plants.
21. Storage tanks, vessels, and containers holding or storing liquid substances that do
not contain any volatile organic compounds or hazardous air pollutants.55
22. Storage tanks, reservoirs, and pumping and handling equipment of any size
containing soaps, vegetable oil, grease, animal fat, and no volatile aqueous salt
solutions, provided appropriate lids and covers are used and appropriate odor
control is achieved.
23. Equipment used to mix and package soaps, vegetable oil, grease, animal fat, and nonvolatile
aqueous salt solutions, provided appropriate lids and covers are used and
appropriate odor control is achieved.
24. Drop hammers or presses for forging or metalworking.
25. Equipment used exclusively to slaughter animals, but not including other equipment
at slaughter-houses, such as rendering cookers, boilers, heating plants, incinerators,
and electrical power generating equipment.
26. Vents from continuous emissions monitors and other analyzers.
27. Natural gas pressure regulator vents, excluding venting at oil and gas production
facilities.
28. Hand-held applicator equipment for hot melt adhesives with no volatile organic
compounds in the adhesive.
29. Lasers used only on metals and other materials that do not emit hazardous air
pollutants in the process.
4 Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and construction
activities that emit hazardous air pollutant metals are more appropriate for treatment as insignificant activities
based on size or production thresholds. Brazing, soldering, and welding equipment, and cutting torches related
directly to plant maintenance and upkeep and repair or maintenance shop activities that emit hazardous air
pollutant metals are treated as trivial and listed separately in this appendix.
5 Exemptions for storage tanks containing petroleum liquids or other volatile organic liquids are based on size and
limits including storage tank capacity and vapor pressure of liquids stored and are not appropriate for this list.

30. Consumer use of paper trimmers/binders.
31. Electric or steam-heated drying ovens and autoclaves, but not the emissions from
the articles or substances being processed in the ovens or autoclaves or the boilers
delivering the steam.
32. Salt baths using non-volatile salts that do not result in emissions of any air pollutant
covered by this rule.
33. Laser trimmers using dust collection to prevent fugitive emissions.
34. Bench-scale laboratory equipment used for physical or chemical analysis not
including lab fume hoods or vents.
35. Routine calibration and maintenance of laboratory equipment or other analytical
instruments.
36. Equipment used for quality control/assurance or inspection purposes, including
sampling equipment used to withdraw materials for analysis.
37. Hydraulic and hydrostatic testing equipment.
38. Environmental chambers not using hazardous air pollutant gases.
39. Shock chambers, humidity chambers, and solar simulators.
40. Fugitive emissions related to movement of passenger vehicles, provided the
emissions are not counted for applicability purposes and any required fugitive dust
control plan or its equivalent is submitted.
41. Process water filtration systems and demineralizers.
42. Demineralized water tanks and demineralizer vents.
43. Boiler water treatment operations, not including cooling towers.
44. Emissions from storage or use of water treatment chemicals, except for hazardous
air pollutants or pollutants listed under regulations promulgated pursuant to Section
112(r) of the Clean Air Act, for use in cooling towers, drinking water systems, and
boiler water/feed systems.
45. Oxygen scavenging (de-aeration) of water.

46. Ozone generators.
47. Fire suppression systems.
48. Emergency road flares.
49. Steam vents and safety relief valves.
50. Steam leaks.
51. Steam cleaning operations.
52. Steam and microwave sterilizers.
53. Site assessment work to characterize waste disposal or remediation sites.
54. Miscellaneous additions or upgrades of instrumentation.
55. Emissions from combustion controllers or combustion shutoff devices but not
combustion units itself.
56. Use of products for the purpose of maintaining motor vehicles operated by the
facility, not including air cleaning units of such vehicles (i.e. antifreeze, fuel additives).
57. Stacks or vents to prevent escape of sanitary sewer gases through the plumbing traps.
58. Emissions from equipment lubricating systems (i.e. oil mist), not including storage
tanks, unless otherwise exempt.
59. Residential wood heaters, cookstoves, or fireplaces.
60. Barbecue equipment or outdoor fireplaces used in connection with any residence or
recreation.
61. Log wetting areas and log flumes.
62. Periodic use of pressurized air for cleanup.
63. Solid waste dumpsters.
64. Emissions of wet lime from lime mud tanks, lime mud washers, lime mud piles, lime
mud filter and filtrate tanks, and lime mud slurry tanks.

65. Natural gas odoring activities unless the Division determines that emissions
constitute air pollution.
66. Emissions from engine crankcase vents.
67. Storage tanks used for the temporary containment of materials resulting from an
emergency reporting to an unanticipated release.
68. Equipment used exclusively to mill or grind coatings in roll grinding rebuilding, and
molding compounds where all materials charged are in paste form.
69. Mixers, blenders, roll mills, or calendars for rubber or plastic for which no materials
in powder form are added and in which no hazardous air pollutants, organic solvents,
diluents, or thinners are used or emitted.
70. The storage, handling, and handling equipment for bark and wood residues not
subject to fugitive dispersion offsite (this applies to the equipment only).
71. Maintenance dredging of pulp and paper mill surface impoundments and ditches
containing cellulosic and cellulosic derived biosolids and inorganic materials such as
lime, ash, or sand.
72. Tall oil soap storage, skimming, and loading.
73. Water heaters used strictly for domestic (non-process) purposes.
74. Facility roads and parking areas, unless necessary to control offsite fugitive emissions.
75. Agricultural operations, including onsite grain storage, not including internal
combustion engines or grain elevators.
76. Natural gas and oil exploration and production site equipment not subject to a rule
under 40 C.F.R. pts. 60, 61, or 63.

ARKANSAS POLLUTION CONTROL AND
ECOLOGY COMMISSION
8 CAR pt. 41
APPENDIX B
NATIONAL AMBIENT AIR QUALITY STANDARDS LIST

Appendix B: National Ambient Air Quality Standards List

8 CAR Section 41, Appendix B:  National Ambient Air Quality Standards List



Title 8. Environmental Law
Chapter I. Arkansas Pollution Control and Ecology Commission, Department of Energy and
Environment
Subchapter D. Air Quality
Part 42. Rules of the Arkansas Operating Air Permit Program
Part 42. Rules of the Arkansas Operating Air Permit Program 3043
Subpart 2. Requirement for a Permit—Applicability       3043
8 CAR Section 42-201           Requirement for a permit
Subpart 2. Requirement for a Permit — Applicability
8 CAR § 42-201. Requirement for a permit.
(a)(1) No part 70 source may operate unless it is operating in compliance with a part 70
permit, or unless it has filed a timely and complete application for an initial or renewal permit
as required under this part.
(2) Existing part 70 sources shall submit initial applications according to the
provisions of Subpart 3 of this part.
(3)(A) If a part 70 source submits a timely and complete application for an initial
or renewal permit, the source's failure to have a part 70 permit is not a violation of this part
until the Division of Environmental Quality takes final action on the permit application, except
as noted in this section.
(B) This protection shall cease to apply if, subsequent to the
completeness determination, the applicant fails to submit by the deadline specified in writing
by the division any additional information identified as being needed to process the application.
(4) If the division fails to act in a timely way on a permit renewal, the
Environmental Protection Agency may invoke its authority under Section 505(e) of the Act to
terminate or revoke and reissue the permit.
(b) No proposed new part 70 source shall begin construction prior to obtaining a part 70
permit, unless the applicable permit application was submitted prior to the effective date of
this part and the division’s draft permitting decision for such source has already proceeded to
public notice in accordance with 8 CAR pt. 41.
(c)(1)(A) No part 70 source shall begin construction of a new emissions unit or begin
modifications to an existing emissions unit prior to obtaining a modified part 70 permit.
(B) This applies only to significant modifications and does not apply to
modifications that qualify as minor modifications or changes allowed under the operational
flexibility provisions of a part 70 permit.
(2) An existing part 70 source shall be subject to the permit modification
procedures of 8 CAR pt. 41 until such time that an initial part 70 permit application is due from
the source.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.

8 CAR Section 42-202           Sources subject to permitting
8 CAR § 42-202. Sources subject to permitting.
The following sources shall be subject to permitting under this part unless exempted by
8 CAR § 42-203:
(1) Any major source;
(2)(A) Any source, including an area source, subject to a standard, limitation, or
other requirement under Section 111 of the Act, i.e., New Source Performance Standards
(NSPS) regulations.
(B) However, nonmajor sources subject to Section 111 of the Act are
exempt from the obligation to obtain a part 70 permit until such time that the Administrator of
the Environmental Protection Agency completes a rulemaking to determine how the program
should be structured for nonmajor sources;
(3) Any source, including an area source, subject to a standard or other
requirement under Section 112 of the Act, i.e., hazardous air pollutant regulations, except that
a source is not required to obtain a permit solely because it is subject to regulations or
requirements under Section 112(r) of the Act;
(4) Any source subject to Subpart 8 of the Arkansas Pollution Control and Ecology
Commission’s Rules of the Arkansas Plan of Implementation for Air Pollution Control, 8 CAR pt.
41;
(5) Any acid rain source, which shall be permitted in accordance with the
provisions of the federal acid rain program; and
(6) Any source in a source category designated by the Administrator of the
Environmental Protection Agency pursuant to this section.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.

Subpart 3. Applications for Permits 3043
8 CAR Section 42-301           Duty to apply
Subpart 3. Applications for Permits
8 CAR § 42-301. Duty to apply.
For each source subject to 40 C.F.R. pt. 70, as promulgated June 3, 2010 (75 FR 31607),
the owner or operator shall submit a timely and complete permit application on forms supplied
by the Division of Environmental Quality in accordance with this section.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.

8 CAR Section 42-302           Standard application form and required information
8 CAR § 42-302. Standard application form and required information.
(a)(1) The Division of Environmental Quality shall provide a standard application form or
forms and shall provide them to part 70 sources upon request.
(2) Information as described below for each emissions unit at a part 70 source
shall be required by the application form and included by the applicant in the application.
(b)(1) A list of insignificant activities that are exempted because of size or production
rate must be included in the application.
(2) An application may not omit information needed to determine the
applicability of, or to impose, any applicable requirement, or to evaluate the fee amount
required by the Arkansas Pollution Control and Ecology Commission’s Fee Regulation, 8 CAR pt.
12.
(c)(1) The division may use discretion in developing application forms that best meet
program needs and administrative efficiency.
(2) The forms and attachments chosen, however, shall include the elements
specified below:
(A) Identifying information, including company name and address (or
plant name and address if different from the company name), owner's name and agent, and
telephone number and names of plant site manager/contact;
(B) A description of the source's processes and products (by Standard
Industrial Classification Code or the North American Industry Classification System) including
any associated with alternate scenario identified by the source;
(C) The following emission-related information:
(i)(a) A permit application shall describe all emissions of regulated
air pollutants emitted from any emissions unit, except where such units are exempted under
subdivision (b)(1) of this section.
(b) The division shall require additional information related
to the emissions of air pollutants sufficient to verify which requirements are applicable to the
source, and other information necessary to collect any permit fees owed under the fee
schedule in 8 CAR pt. 12;
(ii) Identification and description of all points of emissions
described above in sufficient detail to establish the basis for fees and applicability of
requirements of the Act;
(iii) Emissions rate in tpy and in such terms as are necessary to
establish compliance consistent with the applicable standard reference test method;
(iv) The following information to the extent it is needed to
determine or regulate emissions:
(a) Fuels;
(b) Fuel use;
(c) Raw materials;
(d) Production rates; and
(e) Operating schedules;
(v) Identification and description of air pollution control
equipment and compliance monitoring devices or activities;

(vi) Limitations on source operation affecting emissions or any
work practice standards, where applicable, for all regulated pollutants at the part 70 source;
(vii) Other information required by any applicable requirement,
including information related to stack height limitations developed pursuant to Section 123 of
the Act; and
(viii) Calculations on which the information in subdivision (c)(2)(C)
of this section is based;
(D) The following air pollution control requirements:
(i) Citation and description of all applicable requirements; and
(ii) Description of or reference to any applicable test method for
determining compliance with each applicable requirement;
(E) Other specific information that may be necessary to implement and
enforce other applicable requirements of the Act, of this part, or to determine the applicability
of such requirements;
(F) An explanation of any proposed exemptions from otherwise
applicable requirements;
(G) Additional information as determined to be necessary by the division
to define alternative operating scenarios identified by the source pursuant to 8 CAR § 42-601(i),
or to define permit terms and conditions implementing 8 CAR § 42-702 or 8 CAR § 42-601(j);
(H) A compliance plan for all part 70 sources that contains all the
following:
(i) A description of the compliance status of the source with
respect to all applicable requirements;
(ii) A description as follows:
(a) For applicable requirements with which the source is in
compliance, a statement that the source will continue to comply with such requirements;
(b) For applicable requirements that will become effective
during the permit term, a statement that the source will meet such requirements on a timely
basis; and
(c) For requirements for which the source is not in
compliance at the time of permit issuance, a narrative description of how the source will
achieve compliance with such requirements;
(iii) A compliance schedule as follows:
(a) For applicable requirements with which the source is in
compliance, a statement that the source will continue to comply with such requirements;
(b)(1) For applicable requirements that will become
effective during the permit term, a statement that the source will meet such requirements on a
timely basis.
(2) A statement that the source will meet in a
timely manner applicable requirements that become effective during the permit term shall
satisfy this provision, unless a more detailed schedule is expressly required by the applicable
requirement; and
(c)(1) A schedule of compliance for sources that are not in
compliance with all applicable requirements at the time of permit issuance.

(2) Such a schedule shall include a schedule of
remedial measures, including an enforceable sequence of actions with milestones, leading to
compliance with any applicable requirements for which the source will be in noncompliance at
the time of permit issuance.
(3) This compliance schedule shall resemble and be
at least as stringent as that contained in any judicial consent decree or administrative order to
which the source is subject.
(4) Any such schedule of compliance shall be
supplemental to, and shall not sanction noncompliance with, the applicable requirements on
which it is based;
(iv) A schedule for submission of certified progress reports no less
frequently than every six (6) months for sources required to have a schedule of compliance to
remedy a violation; and
(v) The compliance plan content requirements specified in this
subdivision (c)(2)(H)(v) shall apply and be included in the acid rain portion of a compliance plan
for an affected source, except as specifically superseded by regulations promulgated under Title
IV of the Act with regard to the schedule and method or methods the source will use to achieve
compliance with the acid rain emissions limitations;
(I) Requirements for compliance certification, including the following:
(i) A certification of compliance with all applicable requirements
by a responsible official consistent with 8 CAR § 42-310 and Section 114(a)(3) of the Act;
(ii) A statement of methods used for determining compliance,
including a description of monitoring, recordkeeping, and reporting requirements and test
methods;
(iii) A schedule for submission of compliance certifications during
the permit term, to be submitted no less frequently than annually, or more frequently if
specified by the underlying applicable requirement or by the division; and
(iv) A statement indicating the source's compliance status with
any applicable enhanced monitoring and compliance certification requirements of the Act; and
(J) The use of nationally standardized forms for acid rain portions of
permit applications and compliance plans, as required by regulations promulgated under Title
IV of the Act.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. “tpy” means tons per year.

8 CAR Section 42-307           Complete application
8 CAR § 42-307. Complete application.
(a) To be deemed complete, an application must provide all information required by 8
CAR § 42-302, except that applications for permit revision need supply only that information
related to the proposed change.
(b) Unless the Division of Environmental Quality determines that an application is not
complete within sixty (60) days of receipt of the application, such application shall be deemed
to be complete.
(c) If, while processing an application that has been determined or deemed to be
complete, the division determines that additional information is necessary to evaluate or take
final action on that application, it may request such information in writing and set a reasonable
deadline for a response.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
 

NO 42-308
8 CAR Section 42-309           Applicant's duty to supplement or correct application
8 CAR Section 42-310           Certification by responsible official
8 CAR § 42-309. Applicant's duty to supplement or correct application.
(a) Any applicant who fails to submit any relevant facts or who has submitted incorrect
information in a permit application shall, upon becoming aware of such failure or incorrect
submittal, promptly submit such supplementary facts or corrected information.
(b) In addition, an applicant shall provide additional information as necessary to address
any requirements that become applicable to the source after the date it filed a complete
application but prior to release of a draft permit.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.


8 CAR § 42-310. Certification by responsible official.
(a) Any application form, report, or compliance certification submitted pursuant to this
part shall contain certification by a responsible official of truth, accuracy, and completeness.
(b) This certification and any other certification required under this part shall state that,
based on information and belief formed after reasonable inquiry, the statements and
information in the document are true, accurate, and complete.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.


Subpart 4. Action on Applications
Subpart 4. Action on Applications 3043
8 CAR Section 42-401           Action on part 70 permit applications
8 CAR § 42-401. 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:

8 CAR Section 42-402           Final action on permit application
(1) The Division of Environmental Quality 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;
(2) Except for modifications qualifying for minor permit modification procedures
under Subpart 9 of this part, the division has complied with the requirements under Subpart 5
of this part, for public participation and for notifying and responding to affected states;
(3) The processing of the permit application and the conditions of the permit
provide for compliance with all applicable requirements and the requirements of this part; and
(4) The Administrator of the Environmental Protection Agency has received a
copy of the proposed permit and any notices required under Subpart 5 of this part, and has not
objected to issuance of the permit within the time period specified therein.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.

Subpart 5. Permit Review by the Public, Affected States, and the Environmental Protection Agency 3043
Subpart 5. Permit Review by the Public, Affected States, and the Environmental Protection Agency
8 CAR Section 42-501           Applicability

8 CAR § 42-501. Applicability.
All initial permits, renewal permits, and significant permit modifications shall meet the
permit review requirements of this subpart.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.

8 CAR Section 42-502           Public participation
8 CAR § 42-502. Public participation.
(a) All initial permit issuances, significant modifications, minor modifications, and
renewals shall afford the public the opportunity to comment.
(b) Public notice shall be given:
(1)(A) By publication of notice of application receipt by the Division of
Environmental Quality 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 Administrative Procedures, 8 CAR pt. 11.
(B) Minor permit modification applications are exempt from this
requirement.
(C) 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 (1) location in the area
where the source is located and in the division’s central offices of the permit application
submitted by the owner or operator and the division’s draft permitting decision and analysis of
the effect of the proposed emissions on air quality;
(3)(A) By publication of a notice of the division’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 8 CAR pt. 11.
(B) 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 division, including those who
request in writing to be on the list; and
(7) By other means if necessary to ensure adequate notice to the affected public.
(c) The notice of subdivision (b)(3) of this section shall:
(1) Identify the affected facility;
(2) Identify the name and address of the permittee;
(3) Identify the name and address of the division;
(4) Identify the activity or activities involved in the permit action;
(5) Identify the emissions change involved in any permit modification;
(6) Identify the name, address, and telephone number of a person from whom
interested persons may obtain additional information, including:
(A) Copies of the permit draft;
(B) The application;
(C) All relevant supporting materials; and
(D) All other materials available to the division that are relevant to the
permit decision;
(7) Include a brief description of the comment procedures required by this part;
and
(8) Include a statement of procedures to request a hearing.
(d) The division shall provide such notice and opportunity for participation by affected
states as is provided for in this section.
(e) The division 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.
(f) The division shall keep a record of the commenters and also of the issues raised
during the public participation process so that the Administrator of the Environmental
Protection Agency may fulfill his or her 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.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.

8 CAR Section 42-503           Transmission of permit information to the Administrator of the Environmental Protection Agency 
8 CAR § 42-503. Transmission of permit information to the Administrator of the
Environmental Protection Agency.
(a)(1) The Division of Environmental Quality shall provide to the Administrator of the
Environmental Protection Agency:
(A) A copy of each permit application, including any application for permit
modification;
(B) Each proposed permit; and
(C) Each final part 70 permit.
(2) The applicant may be required by the division to provide a copy of the permit
application, including the compliance plan, directly to the Administrator of the Environmental
Protection Agency.
(3) Upon agreement with the Administrator of the Environmental Protection
Agency, the division may submit to the Administrator of the Environmental Protection Agency 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 division shall keep for five (5) years such records and submit to the
Administrator of the Environmental Protection Agency such information as the Administrator of
the Environmental Protection Agency may reasonably require to ascertain whether the state
program complies with the requirements of the Act or of 40 C.F.R. pt. 70, as promulgated July
21, 1992, and last modified June 3, 2010 (75 FR 31607).
Authority. Arkansas Code §§ 8-1-203, 8-4-311.

8 CAR Section 42-504           Review of draft permit by affected states
8 CAR § 42-504. Review of draft permit by affected states.
(a) The Division of Environmental Quality shall give notice of each draft permit to any
affected state on or before the time that the division provides this notice to the public, except
to the extent that minor permit modification procedures require the timing of the notice to be
different.
(b)(1) The division, as part of the submittal of the proposed permit to the Administrator
of the Environmental Protection Agency, or as soon as possible after the submittal for minor
permit modification procedures, shall notify the Administrator of the Environmental Protection
Agency and any affected state in writing of any refusal by the division to accept all
recommendations for the proposed permit that the affected state submitted during the public
or affected state review period.
(2) The notice shall include the division’s reasons for not accepting any such
recommendation.
(3) The division is not required to accept recommendations that are not based
on applicable requirements or the requirements of 40 C.F.R. pt. 70, as promulgated July 21,
1992, and last modified June 3, 2010 (75 FR 31607).
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
 

Part 43. Nonattainment New Source Review Requirements 3044
Subpart 1. General Provisions          3044
8 CAR Section 43-101           Title
Title 8. Environmental Law
Chapter I. Arkansas Pollution Control and Ecology Commission, Department of Energy and
Environment
Subchapter D. Air Quality
Part 43. Nonattainment New Source Review Requirements
Subpart 1. General Provisions
8 CAR § 43-101. Title.
The following part, adopted in accordance with the provisions of Subchapter 2 of the
Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., shall be known
as “Nonattainment New Source Review Requirements”, hereinafter referred to as “8 CAR pt. 43”.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
8 CAR Section 43-102           Applicability
8 CAR § 43-102. Applicability.
(a) This part applies to any area in Arkansas designated nonattainment for any national
ambient air quality standard under Subpart C of 40 C.F.R. pt. 81.
(b) This part shall apply to any new major stationary source or major modification that is
major for the pollutant for which the area is designated nonattainment under Section
107(d)(1)(A)(i) of the Clean Air Act, if the stationary source or modification would locate
anywhere in the designated nonattainment area.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. The Clean Air Act, Pub. L. No. 101-549, is codified at 42 U.S.C. § 7401 et seq.

8 CAR § 43-103. Severability.
If any provision of this part, or the application of such provision to any person or
circumstance is held invalid, the remainder of this part, or the application of such provision to
persons or circumstances other than those as to which it is held invalid, shall not be affected
thereby.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.

8 CAR § 43-104. Definitions.
(a) Terms and phrases used in this part which are not explicitly defined herein shall have
the same meaning as those terms which are used in the federal Clean Air Act.
(b) For the purposes of this part:
(1) “Actual emissions” means: (A)(i) The actual rate of emissions of
a regulated New Source Review (NSR) pollutant from an emissions unit, as determined in
accordance with subdivisions (b)(1)(B) – (D) of this section, except that this definition shall not

apply for calculating whether a significant emissions increase has occurred, or for establishing a
plantwide applicability limitation (PAL) under Subpart 7 of this part.
(ii) Instead, the definitions of “projected actual emissions” and
“baseline actual emissions” shall apply for those purposes.
(B)(i) In general, actual emissions as of a particular date shall equal the
average rate, in tons per year, at which the unit actually emitted the pollutant during a
consecutive twenty-four-month period which precedes the particular date and which is
representative of normal source operation.
(ii) The reviewing authority shall allow the use of a different time
period upon a determination that it is more representative of normal source operation.
(iii) Actual emissions shall be calculated using the unit's actual
operating hours, production rates, and types of materials processed, stored, or combusted
during the selected time period.
(C) The reviewing authority may presume that source-specific allowable
emissions for the unit are equivalent to the actual emissions of the unit.
(D) For any emissions unit that has not begun normal operations on the
particular date, actual emissions shall equal the potential to emit of the unit on that date;
(2) “Allowable emissions” means the emissions rate of a stationary source
calculated using the maximum rated capacity of the source (unless the source is subject to
federally enforceable limits which restrict the operating rate, or hours of operation, or both)
and the most stringent of the following:
(A) The applicable standards set forth in 40 C.F.R. pt. 60 or 61;
(B) Any applicable State Implementation Plan emissions limitation
including those with a future compliance date; or
(C) The emissions rate specified as a federally enforceable permit
condition, including those with a future compliance date;
(3)(A) “Baseline actual emissions” means the rate of emissions, in tons per year,
of a regulated NSR pollutant, as determined in accordance with subdivisions (b)(3)(B) – (E) of
this section.
(B)(i) For any existing electric utility steam generating unit, baseline
actual emissions means the average rate, in tons per year, at which the unit actually emitted
the pollutant during any consecutive twenty-four-month period selected by the owner or
operator within the five-year period immediately preceding when the owner or operator begins
actual construction of the project.
(ii) The reviewing authority shall allow the use of a different time
period upon a determination that it is more representative of normal source operation.
(iii)(a) The average rate shall include fugitive emissions to the
extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.
(b) The average rate shall be adjusted downward to
exclude any noncompliant emissions that occurred while the source was operating above any
emission limitation that was legally enforceable during the consecutive twenty-four-month
period.

(c)(1) For a regulated NSR pollutant, when a project
involves multiple emissions units, only one (1) consecutive twenty-four-month period must be
used to determine the baseline actual emissions for the emissions units being changed.
(2) A different consecutive twenty-four-month
period can be used for each regulated NSR pollutant.
(d) The average rate shall not be based on any consecutive
twenty-four-month period for which there is inadequate information for determining annual
emissions, in tons per year, and for adjusting this amount if required by subdivision
(b)(3)(B)(iii)(b) of this section.
(C)(i) For an existing emissions unit (other than an electric utility steam
generating unit), baseline actual emissions means the average rate, in tons per year, at which
the emissions unit actually emitted the pollutant during any consecutive twenty-four-month
period selected by the owner or operator within the ten-year period immediately preceding
either the date the owner or operator begins actual construction of the project, or the date a
complete permit application is received by the reviewing authority for a permit required either
under this part or under a plan approved by the Administrator of the Environmental Protection
Agency, whichever is earlier, except that the ten-year period shall not include any period earlier
than November 15, 1990.
(ii) The average rate shall include fugitive emissions to the extent
quantifiable, and emissions associated with startups, shutdowns, and malfunctions.
(iii) The average rate shall be adjusted downward to exclude any
noncompliant emissions that occurred while the source was operating above an emission
limitation that was legally enforceable during the consecutive twenty-four-month period.
(iv)(a) The average rate shall be adjusted downward to exclude
any emissions that would have exceeded an emission limitation with which the major
stationary source must currently comply, had such major stationary source been required to
comply with such limitations during the consecutive twenty-four-month period.
(b) However, if an emission limitation is part of a
maximum achievable control technology standard that the Administrator of the Environmental
Protection Agency proposed or promulgated under 40 C.F.R. pt. 63, the baseline actual
emissions need only be adjusted if the state has taken credit for such emissions reductions in
an attainment demonstration or maintenance plan consistent with the requirements of 8 CAR §
43-305(h).
(v)(a) For a regulated NSR pollutant, when a project involves
multiple emissions units, only one (1) consecutive twenty-four-month period must be used to
determine the baseline actual emissions for the emissions units being changed.
(b) A different consecutive twenty-four-month period can
be used for each regulated NSR pollutant.
(vi) The average rate shall not be based on any consecutive
twenty-four-month period for which there is inadequate information for determining annual
emissions, in tons per year, and for adjusting this amount if required by subdivisions
(b)(3)(C)(iii) and (iv) of this section.
(D) For a new emissions unit, the baseline actual emissions for purposes
of determining the emissions increase that will result from the initial construction and

operation of such unit shall equal zero, and thereafter, for all other purposes, shall equal the
unit's potential to emit.
(E) For a PAL for a major stationary source, the baseline actual emissions
shall be calculated for:
(i) Existing electric utility steam generating units in accordance
with the procedures contained in subdivision (b)(3)(B) of this section;
(ii) Other existing emissions units in accordance with the
procedures contained in subdivision (b)(3)(C) of this section;
(iii) A new emissions unit in accordance with the procedures
contained in subdivision (b)(3)(D) of this section;
(4)(A) “Begin actual construction” means, in general, initiation of physical onsite
construction activities on an emissions unit which are of a permanent nature.
(B) Such activities include, but are not limited to:
(i) Installation of building supports and foundations;
(ii) Laying of underground pipework; and
(iii) Construction of permanent storage structures.
(C) With respect to a change in method of operating, this term refers to
those onsite activities other than preparatory activities which mark the initiation of the change;
(5)(A) “Best available control technology (BACT)” means an emissions limitation
(including a visible emissions standard) based on the maximum degree of reduction for each
regulated NSR pollutant which would be emitted from any proposed major stationary source or
major modification which the reviewing authority, on a case-by-case basis, taking into account
energy, environmental, and economic impacts and other costs, determines is achievable for
such source or modification through application of production processes or available methods,
systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion
techniques for control of such pollutant.
(B) In no event shall application of best available control technology
result in emissions of any pollutant which would exceed the emissions allowed by any
applicable standard under 40 C.F.R. pt. 60 or 61.
(C)(i) If the reviewing authority determines that technological or
economic limitations on the application of measurement methodology to a particular emissions
unit would make the imposition of an emissions standard infeasible, a design, equipment, work
practice, operational standard, or combination thereof, may be prescribed instead to satisfy the
requirement for the application of BACT.
(ii) Such standard shall, to the degree possible, set forth the
emissions reduction achievable by implementation of such design, equipment, work practice, or
operation, and shall provide for compliance by means which achieve equivalent results;
(6)(A) “Building, structure, facility, or installation” means all of the pollutantemitting
activities which belong to the same industrial grouping, are located on one (1) or more
contiguous or adjacent properties, and are under the control of the same person (or persons
under common control) except the activities of any vessel.
(B) Pollutant-emitting activities shall be considered as part of the same
industrial grouping if they belong to the same Major Group, i.e., which have the same two-digit
code, as described in the Standard Industrial Classification Manual, 1972, as amended by the

1977 Supplement (United States Government Publishing Office stock numbers 4101-0065 and
003-005-00176-0, respectively);
(7) “Clean coal technology” means any technology, including technologies
applied at the precombustion, combustion, or post-combustion stage, at a new or existing
facility which will achieve significant reductions in air emissions of sulfur dioxide or oxides of
nitrogen associated with the utilization of coal in the generation of electricity, or process steam
which was not in widespread use as of November 15, 1990;
(8)(A) “Clean coal technology demonstration project” means a project using
funds appropriated under the heading "Department of Energy-Clean Coal Technology", up to a
total amount of two billion five hundred million dollars ($2,500,000,000) for commercial
demonstration of clean coal technology, or similar projects funded through appropriations for
the Environmental Protection Agency.
(B) The federal contribution for a qualifying project shall be at least
twenty percent (20%) of the total cost of the demonstration project;
(9) “Commence as applied to construction of a major stationary source or major
modification” means that the owner or operator has all necessary preconstruction approvals or
permits and either has:
(A) Begun, or caused to begin, a continuous program of actual onsite
construction of the source, to be completed within a reasonable time; or
(B) Entered into binding agreements or contractual obligations which
cannot be canceled or modified without substantial loss to the owner or operator to undertake
a program of actual construction of the source to be completed within a reasonable time;
(10) “Construction” means any physical change or change in the method of
operation (including fabrication, erection, installation, demolition, or modification of an
emissions unit) that would result in a change in emissions;
(11) “Continuous emissions monitoring system (CEMS)” means all of the
equipment that may be required to meet the data acquisition and availability requirements of
this part, to sample, condition (if applicable), analyze, and provide a record of emissions on a
continuous basis;
(12) “Continuous emissions rate monitoring system (CERMS)” means the total
equipment required for the determination and recording of the pollutant mass emissions rate
in terms of mass per unit of time;
(13) “Continuous parameter monitoring system (CPMS)” means all of the
equipment necessary to meet the data acquisition and availability requirements of this part, to
monitor process and control device operational parameters (for example, control device
secondary voltages and electric currents) and other information (for example, gas flow rate, O2
or CO2 concentrations), and to record average operational parameter value or values on a
continuous basis;
(14) “Director” means the Director of the Division of Environmental Quality, or
its successor, acting directly or through the staff of the Division of Environmental Quality;
(15)(A) “Division” means the Division of Environmental Quality or its successor.
(B) When reference is made in this part to actions taken by or with
reference to the Division of Environmental Quality, the reference is to the staff of the Division

of Environmental Quality acting at the direction of the Director of the Division of Environmental
Quality;
(16)(A) “Electric utility steam generating unit” means any steam electric
generating unit that is constructed for the purpose of supplying more than one-third (1/3) of its
potential electric output capacity and more than twenty-five megawatts (25 MW) electrical
output to any utility power distribution system for sale.
(B) Any steam supplied to a steam distribution system for the purpose of
providing steam to a steam-electric generator that would produce electrical energy for sale is
also considered in determining the electrical energy output capacity of the affected facility;
(17)(A) “Emissions unit” means any part of a stationary source that emits or
would have the potential to emit any regulated NSR pollutant and includes an electric steam
generating unit as defined in this subpart.
(B)(i) For purposes of this part, there are two (2) types of emissions units
as described in subdivisions (b)(17)(B)(ii) and (iii) of this section.
(ii) A new emissions unit is any emissions unit which is (or will be)
newly constructed and which has existed for less than two (2) years from the date such
emissions unit first operated.
(iii)(a) An existing emissions unit is any emissions unit that does
not meet the requirements in subdivision (b)(17)(B)(ii) of this section.
(b) A replacement unit, as defined in this subpart, is an
existing emissions unit;
(18) “Federal Land Manager” means, with respect to any lands in the United
States, the secretary of the department with authority over such lands;
(19) “Federally enforceable” means all limitations and conditions which are
enforceable by the Administrator of the Environmental Protection Agency, including those
requirements developed pursuant to 40 C.F.R. pts. 60 and 61, requirements within any
applicable state implementation plan, any permit requirements established pursuant to 40
C.F.R. § 52.21 or under regulations approved pursuant to 40 C.F.R. pt. 51, Subpart I, including
operating permits issued under an Environmental Protection Agency-approved program that is
incorporated into the state implementation plan and expressly requires adherence to any
permit issued under such program;
(20) “Fugitive emissions” means those emissions which could not reasonably
pass through a stack, chimney, vent, or other functionally equivalent opening;
(21) “Lowest achievable emission rate (LAER)” means, for any source, the more
stringent rate of emissions based on the following:
(A) The most stringent emissions limitation which is contained in the
implementation plan of any state for such class or category of stationary source, unless the
owner or operator of the proposed stationary source demonstrates that such limitations are
not achievable; or
(B)(i) The most stringent emissions limitation which is achieved in
practice by such class or category of stationary sources.
(ii) This limitation, when applied to a modification, means the
lowest achievable emissions rate for the new or modified emissions units within or stationary
source.

(iii) In no event shall the application of the term permit a
proposed new or modified stationary source to emit any pollutant in excess of the amount
allowable under an applicable new source standard of performance;
(22) “Major modification” means:
(A) Any physical change in, or change in the method of operation of, a
major stationary source that would result in a significant:
(i) Emissions increase of a regulated NSR pollutant, as defined in
this subpart; and
(ii) Net emissions increase of that pollutant from the major
stationary source;
(B) Any significant emissions increase, as defined in this subpart, from any
emissions units or net emissions increase, as defined in this subpart, at a major stationary
source that is significant for volatile organic compounds shall be considered significant for
ozone;
(C) A physical change or change in the method of operation shall not
include:
(i) Routine maintenance, repair, and replacement;
(ii) Use of an alternative fuel or raw material by reason of an order
under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974,
or any superseding legislation, or by reason of a natural gas curtailment plan pursuant to the
Federal Power Act;
(iii) Use of an alternative fuel by reason of an order or rule Section
125 of the Clean Air Act;
(iv) Use of an alternative fuel at a steam generating unit to the
extent that the fuel is generated from municipal solid waste;
(v) Use of an alternative fuel or raw material by a stationary
source which:
(a) Was capable of accommodating before December 21,
1976, unless such change would be prohibited under any federally enforceable permit
condition which was established after December 12, 1976, pursuant to 40 C.F.R. § 52.21 or
under regulations approved pursuant to 40 C.F.R. Subpart I or 40 C.F.R. § 51.166; or
(b) Is approved to use under any permit issued under
regulations approved pursuant to 40 C.F.R. pt. 165;
(vi) An increase in the hours of operation or in the production
rate, unless such change is prohibited under any federally enforceable permit condition which
was established after December 21, 1976, pursuant to 40 C.F.R. § 52.21 or regulations
approved pursuant to 40 C.F.R. pt. 51, Subpart I or 40 C.F.R. § 51.166;
(vii) Any change in ownership at a stationary source;
(viii) [Reserved];
(ix) The installation, operation, cessation, or removal of a
temporary clean coal technology demonstration project, provided that the project complies
with:
(a) The State Implementation Plan for the state in which
the project is located; and

(b) Other requirements necessary to attain and maintain
the national ambient air quality standard during the project and after it is terminated;
(D)(i) This definition shall not apply with respect to a particular regulated
NSR pollutant when the major stationary source is complying with the requirements under
Subpart 7 of this part for a PAL for that pollutant.
(ii) Instead, the definition at 8 CAR § 43-702(b)(6) shall apply;
(E) For the purpose of applying the requirements of 8 CAR § 43-309 to
modifications at major stationary sources of nitrogen oxides located in ozone nonattainment
areas or in ozone transport regions, whether or not subject to Subpart 2, Part D, Title I of the
Clean Air Act, any significant net emissions increase of nitrogen oxides is considered significant
for ozone;
(F) Any physical change in, or change in the method of operation of, a
major stationary source of volatile organic compounds that results in any increase in emissions
of volatile organic compounds from any discrete operation, emissions unit, or other pollutant
emitting activity at the source shall be considered a significant net emissions increase and a
major modification for ozone, if the major stationary source is located in an extreme ozone
nonattainment area that is subject to Subpart 2, Part D, Title I of the Clean Air Act;
(23) “Major stationary source” means:
(A) [Reserved].
(i) Any stationary source of air pollutants which emits, or has the
potential to emit one hundred (100) tons per year or more of any regulated NSR pollutant; or
(ii) Any physical change that would occur at a stationary source
not qualifying under subdivision (b)(23)(A)(i) of this section as a major stationary source, if the
change would constitute a major stationary source by itself;
(B) Any stationary source of air pollutants that:
(i) Emits, or has the potential to emit, one hundred (100) tons per
year or more of any regulated NSR pollutant, except that lower emissions thresholds shall apply
in areas subject to Subpart 2, Subpart 3, or Subpart 4 of Part D, Title I of the Clean Air Act,
according to subdivisions (b)(23)(B)(i)(a) – (f) of this section:
(a) Fifty (50) tons per year of volatile organic compounds
in any serious ozone nonattainment area;
(b) Fifty (50) tons per year of volatile organic compounds
in an area within an ozone transport region, except for any severe or extreme ozone
nonattainment area;
(c) Twenty-five (25) tons per year of volatile organic
compounds in any severe ozone nonattainment area;
(d) Ten (10) tons per year of volatile organic compounds in
any extreme ozone nonattainment area;
(e) Fifty (50) tons per year of carbon monoxide in any
serious nonattainment area for carbon monoxide, where stationary sources contribute
significantly to carbon monoxide levels in the area (as determined under rules issued by the
Administrator of the Environmental Protection Agency);
(f) Seventy (70) tons per year of PM10 in any serious
nonattainment area for PM10;

(ii) For the purposes of applying the requirements of 8 CAR § 43-
309 to stationary sources of nitrogen oxides located in an ozone nonattainment area or in an
ozone transport region, any stationary source which emits, or has the potential to emit, one
hundred (100) tons per year or more of nitrogen oxides emissions, except that the emission
thresholds in subdivisions (b)(23)(B)(ii)(a) – (f) of this section shall apply in areas subject to
Subpart 2 of Part D, Title I of the Clean Air Act:
(a) One hundred (100) tons per year or more of nitrogen
oxides in any ozone nonattainment area classified as marginal or moderate;
(b) One hundred (100) tons per year or more of nitrogen
oxides in any ozone nonattainment area classified as a transitional, submarginal, or incomplete
or no data area, when such area is located in an ozone transport region;
(c) One hundred (100) tons per year or more of nitrogen
oxides in any area designated under Section 107(d) of the Clean Air Act as attainment or
unclassifiable for ozone that is located in an ozone transport region;
(d) Fifty (50) tons per year or more of nitrogen oxides in
any serious nonattainment area for ozone;
(e) Twenty-five (25) tons per year or more of nitrogen
oxides in any severe nonattainment area for ozone
(f) Ten (10) tons per year or more of nitrogen oxides in any
extreme nonattainment area for ozone; or
(iii) Any physical change that would occur at a stationary source
not qualifying under subdivisions (b)(23)(B)(i) and (ii) of this section as a major stationary
source, if the change would constitute a major stationary source by itself;
(C) A major stationary source that is major for volatile organic
compounds shall be considered major for ozone;
(D) The fugitive emissions of a stationary source shall not be included in
determining for any of the purposes of this subdivision (b)(23)(D) whether it is a major
stationary source, unless the source belongs to one (1) of the following categories of stationary
sources:
(i) Coal cleaning plants (with thermal dryers);
(ii) Kraft pulp mills;
(iii) Portland cement plants;
(iv) Primary zinc smelters;
(v) Iron and steel mills;
(vi) Primary aluminum ore reduction plants;
(vii) Primary copper smelters;
(viii) Municipal incinerators capable of charging more than two
hundred fifty (250) tons of refuse per day;
(ix) Hydrofluoric, sulfuric, or nitric acid plants;
(x) Petroleum refineries;
(xi) Lime plants;
(xii) Phosphate rock processing plants;
(xiii) Coke oven batteries;
(xiv) Sulfur recovery plants;

(xv) Carbon black plants (furnace process);
(xvi) Primary lead smelters;
(xvii) Fuel conversion plants;
(xviii) Sintering plants;
(xix) Secondary metal production plants;
(xx) Chemical process plants;
(xxi) Fossil-fuel boilers (or combination thereof) totaling more
than two hundred fifty million British thermal units per hour (250,000,000 BTUs/hr) heat input;
(xxii) Petroleum storage and transfer units with a total storage
capacity exceeding three hundred thousand (300,000) barrels;
(xxiii) Taconite ore processing plants;
(xxiv) Glass fiber processing plants;
(xxv) Charcoal production plants;
(xxvi) Fossil fuel-fired steam electric plants of more than two
hundred fifty million British thermal units per hour (250,000,000 BTUs/hr) heat input; and
(xxvii) Any other stationary source category which, as of August 7,
1980, is being regulated under Section 111 or 112 of the Clean Air Act;
(24) “Necessary preconstruction approvals or permits” means those federal air
quality control laws and regulations and those air quality control laws and regulations which are
part of the applicable State Implementation Plan;
(25) “Net emissions increase” means:
(A) With respect to any regulated NSR pollutant emitted by a major
stationary source, the amount by which the sum of the following exceeds zero (0):
(i) The increase in emissions from a particular physical change or
change in the method of operation at a stationary source as calculated pursuant to Subpart 3 of
this part; and
(ii)(a) Any other increases and decreases in actual emissions at the
major stationary source that are contemporaneous with the particular change and are
otherwise creditable.
(b) Baseline actual emissions for calculating increases and
decreases under this subdivision(b)(25)(A)(ii) shall be determined as provided in this subpart,
except that subdivisions (b)(3)(B)(iii)(c) and (b)(3)(C)(v) of this section of baseline actual
emissions shall not apply;
(B) An increase or decrease in actual emissions is contemporaneous with
the increase from the particular change only if it occurs before the date that the increase from
the particular change occurs;
(C) An increase or decrease in actual emissions is creditable only if:
(i) It occurs between:
(a) The date five (5) years before construction on the
particular change commences; and
(b) The date that the increase from the particular change
occurs;

(ii) The reviewing authority has not relied on it in issuing a permit
for the source under this part, which permit is in effect when the increase in actual emissions
from the particular change occurs; and
(iii) [Reserved];
(D) An increase in actual emissions is creditable only to the extent that
the new level of actual emissions exceeds the old level;
(E) A decrease in actual emissions is creditable only to the extent that:
(i) The old level of actual emission or the old level of allowable
emissions, whichever is lower, exceeds the new level of actual emissions;
(ii) It is enforceable as a practical matter at and after the time that
actual construction on the particular change begins;
(iii) The reviewing authority has not relied on it in issuing any
permit under regulations approved pursuant to 40 C.F.R. pt. 51, Subpart I or the state has not
relied on it in demonstrating attainment or reasonable further progress;
(iv) It has approximately the same qualitative significance for
public health and welfare as that attributed to the increase from the particular change; and
(v) [Reserved];
(F) An increase that results from a physical change at a source occurs
when the emissions unit on which construction occurred becomes operational and begins to
emit a particular pollutant; and
(G) Subdivision (b)(25)(B) of this section of actual emissions shall not
apply for determining creditable increases and decreases or after a change;
(26)(A) “Nonattainment major new source review (NSR) program” means a
major source preconstruction permit program that has been approved by the Administrator of
the Environmental Protection Agency and incorporated into the plan to implement the
requirements of 40 C.F.R. § 51.165, or a program that implements Part 51, Appendix S, Sections
I – VI of that chapter.
(B) Any permit issued under such a program is a major NSR permit;
(27)(A) “Pollution prevention” means any activity that through process changes,
product reformulation or redesign, or substitution of less polluting raw materials, eliminates or
reduces the release of air pollutants, including fugitive emissions, and other pollutants to the
environment prior to recycling, treatment, or disposal.
(B) It does not mean recycling (other than certain "in-process recycling"
practices), energy recovery, treatment, or disposal;
(28)(A) “Potential to emit” means the maximum capacity of a stationary source
to emit a pollutant under its physical and operational design.
(B) Any physical or operational limitation on the capacity of the source to
emit a pollutant, including air pollution control equipment and restrictions on hours of
operation or on the type or amount of material combusted, stored, or processed, shall be
treated as part of its design only if the limitation or the effect it would have on emissions is
federally enforceable.
(C) Secondary emissions do not count in determining the potential to
emit of a stationary source;

(29) “Predictive emissions monitoring system (PEMS)” means all of the
equipment necessary to monitor process and control device operational parameters (for
example, control device secondary voltages and electric currents) and other information (for
example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions
rate (for example, lb/hr) on a continuous basis;
(30) “Prevention of significant deterioration (PSD) permit” means any permit
that is issued under 8 CAR § 41-801 et seq. of the Rules of the Arkansas Plan of Implementation
of Air Pollution Control, 8 CAR pt. 41;
(31)(A) “Projected actual emissions” means the maximum annual rate, in tons
per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in
any one (1) of the five (5) years (twelve-month period) following the date the unit resumes
regular operation after the project, or in any one (1) of the ten (10) years following that date, if
the project involves increasing the emissions unit's design capacity or its potential to emit of
that regulated NSR pollutant and full utilization of the unit would result in a significant
emissions increase or a significant net emissions increase at the major stationary source.
(B) In determining the projected actual emissions under subdivision
(b)(31)(A) of this section before beginning actual construction, the owner or operator of the
major stationary source:
(i) Shall consider all relevant information, including but not limited
to:
(a) Historical operational data;
(b) The company's own representations;
(c) The company's expected business activity;
(d) The company's highest projections of business activity;
(e) The company's filings with the state or federal
regulatory authorities; and
(f) Compliance plans under the approved plan;
(ii) Shall include fugitive emissions to the extent quantifiable, and
emissions associated with startups, shutdowns, and malfunctions; and
(iii) Shall exclude, in calculating any increase in emissions that
results from the particular project, that portion of the unit's emissions following the project
that an existing unit could have accommodated during the consecutive twenty-four-month
period used to establish the baseline actual emissions under this subpart and that are also
unrelated to the particular project, including any increased utilization due to product demand
growth; or
(iv) In lieu of using the method set out in in subdivisions
(b)(31)(B)(i) – (iii) of this section, may elect to use the emissions unit's potential to emit, in tons
per year, as defined in this subpart;
(32) “Project” means a physical change in, or change in the method of operation
of, an existing major stationary source;
(33) “Regulated NSR pollutant”, for purposes of this part, means the following:
(A) Nitrogen oxides or any volatile organic compounds;
(B) Any pollutant for which a national ambient air quality standard has
been promulgated; or

(C) Any pollutant that is a constituent or precursor of a general pollutant
listed under subdivision (b)(33)(A) or (B) of this section, provided that a constituent or
precursor pollutant may only be regulated under NSR as part of the regulation of the general
pollutant;
(34)(A) “Replacement unit” means an emissions unit for which all the criteria
listed in subdivisions (b)(34)(B)(ii) – (v) of this section are met.
(B)(i) No creditable emission reductions shall be generated from shutting
down the existing emissions unit that is replaced.
(ii) The emissions unit is a reconstructed unit within the meaning
of 40 C.F.R. § 60.15(b)(1), or the emissions unit completely takes the place of an existing
emissions unit.
(iii) The emissions unit is identical to or functionally equivalent to
the replaced emissions unit.
(iv) The replacement does not alter the basic design parameters
of the process unit.
(v)(a) The replaced emissions unit is permanently removed from
the major stationary source, otherwise permanently disabled, or permanently barred from
operation by a permit that is enforceable as a practical matter.
(b) If the replaced emissions unit is brought back into
operation, it shall constitute a new emissions unit;
(35) “Reviewing authority” means the Division of Environmental Quality;
(36)(A) “Secondary emissions” means emissions which would occur as a result of
the construction or operation of a major stationary source or major modification, but do not
come from the major stationary source or major modification itself.
(B) For the purpose of this part, “secondary emissions” must be specific,
well defined, quantifiable, and impact the same general area as the stationary source or
modification which causes the secondary emissions.
(C) “Secondary emissions” include emissions from any off-site support
facility which would not be constructed or increase its emissions except as a result of the
construction of operation of the major stationary source of major modification.
(D) “Secondary emissions” do not include any emissions which come
directly from a mobile source such as emissions from the tailpipe of a motor vehicle, from a
train, or from a vessel;
(37)(A) “Significant” means, in reference to a net emissions increase or the
potential of a source to emit any of the following pollutants, a rate of emissions that would
equal or exceed any of the following rates:

Table bottom page 135 top 136
Pollutant Emission Rate
Carbon monoxide: 100 tons per year (tpy)
Nitrogen oxides: 40 tpy
Sulfur dioxide: 40 tpy
Ozone: 40 tpy of volatile organic compounds or NOx
Lead: 0.6 tpy
PM10: 15 tpy PM10
(B)

(B) Notwithstanding the significant emissions rate for ozone in
subdivision (b)(37)(A) of this section, “significant” means, in reference to an emissions increase
or a net emissions increase, any increase in actual emissions of volatile organic compounds that
would result from any physical change in, or change in the method of operation of, a major
stationary source locating in a serious or severe ozone nonattainment area that is subject to
Subpart 2, Part D, Title I of the Clean Air Act, if such emissions increase of volatile organic
compounds exceeds twenty-five (25) tons per year.
(C) For the purposes of applying the requirements of 8 CAR § 43-309 to
modifications at major stationary sources of nitrogen oxides located in an ozone nonattainment
area or in an ozone transport region, the significant emission rates and other requirements for
volatile organic compounds in subdivisions (b)(37)(A), (B), and (E) of this section shall apply to
nitrogen oxides emissions.
(D) Notwithstanding the significant emissions rate for carbon monoxide
under subdivision (b)(37)(A) of this section, “significant” means, in reference to an emissions
increase or a net emissions increase, any increase in actual emissions of carbon monoxide that
would result from any physical change in, or change in the method of operation of, a major
stationary source in a serious nonattainment area for carbon monoxide if such increase equals
or exceeds fifty (50) tons per year, provided the Administrator of the Environmental Protection
Agency has determined that stationary sources contribute significantly to carbon monoxide
levels in that area.
(E) Notwithstanding the significant emissions rates for ozone under
subdivisions (b)(37)(A) and (B) of this section, any increase in actual emissions of volatile
organic compounds from any emissions unit at a major stationary source of volatile organic
compounds located in an extreme ozone nonattainment area that is subject to Subpart 2, Part
D, Title I of the Clean Air Act shall be considered a significant net emissions increase;
(38) “Significant emissions increase” means, for a regulated NSR pollutant, an
increase in emissions that is significant (as defined in this subpart) for that pollutant;
(39) “Stationary source” means any building, structure, facility, or installation
which emits or may emit a regulated NSR pollutant;
(40) “Temporary clean coal technology demonstration project” means a clean
coal technology demonstration project that is operated for a period of five (5) years or less, and
which complies with the State Implementation Plan for the state in which the project is located
and other requirements necessary to attain and maintain the national ambient air quality
standards during the project and after it is terminated; and
(41)(A) “Volatile organic compounds (VOC)” means any compound of carbon,
excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and
ammonium carbonate, which participates in atmospheric photochemical reactions.
(B) This includes any such organic compound other than the following,
which have been determined to have negligible photochemical reactivity:
(i) Acetone;
(ii) Methane;
(iii) Ethane;

(iv) Methylene chloride (dichloromethane);
(v) 1,1,1-trichloroethane (methyl chloroform);
(vi) Perchloroethylene (tetrachloroethylene);
(vii) 1,1,1 trichloro-2,2,2-trifluoroethane (CFC-113);
(viii) Tichlorofluoromethane (CFC-11);
(ix) Dichlorodifluoromethane (CFC-12);
(x) Chlorodifluoromethane (HCFC-22);
(xi) Trifluoromethane (HFC-23);
(xii) 1,2-dichloro 1,1, 2, 2-tetrafluoroethane (CFC-114);
(xiii) Chloropentafluoroethane (CFC-115);
(xiv) 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123);
(xv) 1,1,1,2-tetrafluoroethane (HFC-134a);
(xvi) 1,1-dichloro 1-fluoroethane (HCFC-141b);
(xvii) 1-chloro 1,1-difluoroethane (HCFC-142b);
(xviii) 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);
(xix) Pentaflurorethane (HFC-125);
(xx) 1,1,2,2-tetrafluoroethane (HFC-134);
(xxi) 1,1,1-trifluoroethane (HFC-143a);
(xxii) 1,1-difluoroethane (HFC-152a);
(xxiii) Parachlorobenzotrifluoride (PCBTF);
(xxiv) Cyclic, branched, or linear completely methylated siloxanes;
(xxv) 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca);
(xxvi) 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb);
(xxvii) 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee);
(xxviii) Difluoromethane (HFC-32);
(xxix) Ethylfluoride (HFC-161);
(xxx) 1,1,1,3,3,3-hexafluoropropane (HFC-236fa);
(xxxi) 1,1,2,2,3-pentafluoropropane (HFC-245ca);
(xxxii) 1,1,2,3,3-pentafluoropropane (HFC 245ea);
(xxxiii) 1,1,1,2,3-pentafluoropropane (HFC-245eb);
(xxxiv) 1,1,1,3,3-pentafluoropropane (HFC-245fa);
(xxxv) 1,1,1,2,3,3-hexafluoropropane (HFC-236ea);
(xxxvi) 1,1,1,3,3-pentafluorobutane (HFC-365mfc);
(xxxvii) Chlorofluoromethane (HCFC-31);
(xxxviii) 1 chloro-1-fluoroethane (HCFC-151a);
(xxxix) 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a);
(xl) 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or
HFE-7100);
(xli) 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-
heptafluoropropane ((CF3)2CFCF2OCH3);
(xlii) 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or
HFE-7200);
(xliii) 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OC2H5); and
 

(xliv) Methyl acetate 1,1,1,2,2,3,3-heptafluoro-3-methoxypropane
(n-C3F7 OCH3, HFE-7000), 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-
(trifluoromethyl) hexane (HFE-7500), 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea), and
methyl formate (HCOOCH3), and perfluorocarbon compounds which fall into these classes:
(a) Cyclic, branched, or linear, completely fluorinated
alkanes;
(b) Cyclic, branched, or linear, completely fluorinated
ethers with no unsaturations;
(c) Cyclic, branched, or linear, completely fluorinated
tertiary amines with no unsaturations; and
(d) Sulfur containing perfluorocarbons with no saturations
and with sulfur bonds only to carbon and fluorine.
(C)(i) For purposes of determining compliance with emission limits, VOC
will be measured by the test methods in the approved SIP or 40 C.F.R. pt. 60, Appendix A, as
applicable.
(ii) Where such a method also measures compounds with
negligible photochemical reactivity, these negligibly reactive compounds may be excluded as
VOC if the amount of such compounds is accurately quantified, and such exclusion is approved
by the Division of Environmental Quality.
(D) As a precondition to excluding these compounds as VOC or at any
time thereafter, the Division of Environmental Quality may require an owner or operator to
provide monitoring or testing methods and results demonstrating, to the satisfaction of the
Division of Environmental Quality, the amount of negligibly reactive compounds in the sources’
emissions.
(E) The following compound is VOC for purposes of all recordkeeping,
emissions reporting, photochemical dispersion modeling, and inventory requirements which
apply to VOC and shall be uniquely identified in emission reports, but are not VOC for purposes
of VOC emissions limitations or VOC content requirements: t-butyl acetate.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. The Clean Air Act, Pub. L. No. 101-549, is codified at 42 U.S.C. § 7401 et seq.
The Energy Supply and Environmental Coordination Act of 1974, Pub. L. No. 93-319, is codified
generally at 15 U.S.C. § 791 et seq.
The Federal Power Act is codified generally at 16 U.S.C. § 791 et seq.
“PAL” means plantwide applicability limitation.
“SIP” means State Implementation Plan.
Subpart 2. Preconstruction Review

8 CAR Section 43-103           Severability
8 CAR Section 43-104           Definitions
Subpart 2. Preconstruction Review
Subpart 2. Preconstruction Review 3044
8 CAR Section 43-201           Requirement for a permit|
8 CAR § 43-201. Requirement for a permit.
(a) No major stationary source shall be constructed or modified in any nonattainment
area if the emissions from such facility will cause or contribute to concentrations of any
pollutant for which a national ambient air quality standard is exceeded in such area, without
first obtaining a permit which requires the proposed source to be constructed or modified in
accordance with the requirements of this part.
(b)(1) The requirements in subsection (a) of this section apply only to major stationary
sources of emissions that cause or contribute to concentrations of the pollutant for which the
nonattainment area was designated as nonattainment.
(2) A major stationary source or major modification that is major for volatile
organic compounds is also major for ozone.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.

8 CAR Section 43-202           Required information
8 CAR § 43-202. Required information.
(a) General. Application for a permit shall be made on such forms and contain such information as 
the Division of Environmental Quality may reasonably require, including but not limited to:

(1) Information on the nature and amounts of federally regulated air pollutants to be emitted by 
the stationary source; and
(2) Such information on the location, design, construction, and operation of the stationary source 
as the division may reasonably require.
(b) Duty to supplement submittal. If, while processing an application that has been determined to 
be complete, the division determines that additional information is necessary to evaluate or take 
final action on that application, the division may request such information in writing and set a 
reasonable deadline for a response.
(c) Duty to correct submittal.
(1) Any owner/operator who fails to submit any relevant facts or who has submitted incorrect 
information shall, upon becoming aware of such failure or incorrect submittal, promptly submit such 
supplementary facts or corrected information.
(2) In addition, an applicant shall provide additional information as necessary to address any 
relevant requirements that become applicable to the stationary source before final action is taken 
on its application.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.

8 CAR Section 43-203           Approval criteria
8 CAR § 43-203. Approval criteria.
No permit shall be granted or modified under this subpart unless:
(1) The owner/operator demonstrates to the reasonable satisfaction of the
Division of Environmental Quality that the stationary source will be constructed or modified to
operate without resulting in a violation of applicable portions of this part or without interfering
with the attainment or maintenance of a national ambient air quality standard in the state in
which the proposed source (or modification) is located or in a neighboring state;
(2) The Director of the Division of Environmental Quality determines that, by the
time the source is to commence operation, sufficient offsetting emissions reductions have been
obtained, such that total allowable emissions from existing sources in the nonattainment area,
from new or modified sources which are not major emitting facilities, and from the proposed
source will be sufficiently less than total emissions from existing sources prior to the application
for such permit to construct or modify so as to represent reasonable further progress toward
achievement of the national primary ambient air quality standards;
(3) The proposed source is required to comply with the lowest achievable
emission rate;
(4) The owner or operator of the proposed source has demonstrated that all
major stationary sources owned or operated by such person (or by any entity controlling,
controlled by, or under common control with such person) in the state are subject to emission
limitations and are in compliance, or on a schedule for compliance, with all applicable emission
limitations and standards; and
(5) An analysis of alternative sites, sizes, and production processes and
environmental control techniques for such proposed source demonstrates that benefits of the
proposed source significantly outweigh the environmental and social costs imposed as a result
of its:
(A) Location;
(B) Construction; or
(C) Modification.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.

8 CAR Section 43-204           Offsets
8 CAR § 43-204. Offsets.
(a) The owner or operator of a new or modified major stationary source may comply
with any offset requirement for increased emissions of any air pollutant only by obtaining
emission reductions of such air pollutant or precursor of such air pollutant from the same
source or other sources in the same nonattainment area.
(b) An owner or operator of a new or modified major stationary source may obtain such
emission reductions in another nonattainment area if the other area has an equal or higher
nonattainment classification than the area in which the source is located and emissions from
such other area contribute to a violation of the national primary ambient air quality standard in
the nonattainment area in which the source is located.
(c) Emissions reductions shall be, by the time a new or modified major stationary source
commences operation, in effect and enforceable and shall assure that the total tonnage of
increased emissions of the relevant air pollutant from the new or modified source shall be
offset by an equal or greater reduction in the actual emissions of such air pollutant from the
same or other sources in the nonattainment area.
(d)(1) Emissions reductions required by the Clean Air Act shall not be creditable as
emissions reductions for purposes of any such offset requirement.
(2) Incidental emission reductions which are not otherwise federally required
shall be creditable as emissions reductions.

(e) For areas of Crittenden County outside zones targeted for economic development,
the ratio of total emission reductions of volatile organic compounds and oxides of nitrogen to
total increased emissions of such air pollutants shall be at least one and one-tenth to one
(1.1:1).
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. The Clean Air Act, Pub. L. No. 101-549, is codified at 42 U.S.C. § 7401 et seq

8 CAR Section 43-205           Zones targeted for economic development
8 CAR § 43-205. Zones targeted for economic development.
(a) This part provides for management of any zone in Arkansas identified as a Zone
Targeted for Economic Development pursuant to 173(a)(1)(B) of the Clean Air Act.
(b) There are established Targeted Economic Development Zone (TEDZ) Emissions by
area in the amount of:
(1) Crittenden County.
(i) One thousand nine hundred (1,900) tons per year of VOC and three
hundred (300) tons per year of nitrogen oxides beginning January 1, 2007; and
(ii) Three thousand seven hundred (3,700) tons per year of VOC and eight
hundred (800) tons per year of nitrogen oxides beginning January 1, 2009.
(c)(1) In lieu of obtaining offsets as required in 8 CAR § 43-203(2) and 8 CAR § 43-204, a
source locating in a TEDZ described in subsection (a) of this section may petition the Director of
the Division of Environmental Quality to allocate TEDZ emissions established under subsection
(b) of this section for offsets.
(2) A source must either obtain offsets as required in 8 CAR § 43-203(2) and 8
CAR § 43-204 or obtain growth allowance for the applicable TEDZ pursuant to this section.
(d) Any petition for an allocation of TEDZ emissions shall:
(1) Be made on such forms and contain such information as the director may
reasonably require;
(2) Contain detailed information about the projected socioeconomic impact of
the proposed project including, but not limited to:
(A) Impact of the project on low to moderate income individuals;
(B) Number of jobs to be created; and
(C) Median salary of employees;
(3) Contain a project schedule;
(4) Be separate and distinct from the permit application required under 8 CAR §
43-202; and
(5) Be submitted concurrently with the application required under 8 CAR § 43-
202.
(e) Before taking final action on a petition for an allocation of TEDZ emissions, the
director shall solicit input from the appropriate local governing body.
(f) The director shall not allocate any TEDZ emissions unless he or she is reasonably
satisfied that:
(1) The project will achieve the economic impact described in the petition;
(2) The projected economic impact justifies the allocation of TEDZ emissions; and


(3) No other projects which do more to further the region’s economic
development goals will be preempted.
(g) If, while processing a petition, the director determines that additional information is
necessary to evaluate or take final action on that petition, the director may request such
information in writing and set a reasonable deadline for a response.
(h) Any petitioner who fails to submit any relevant facts or who has submitted incorrect
information in a petition shall, upon becoming aware of such failure or incorrect submittal,
promptly submit such supplementary facts or corrected information.
(i)(1) If the director determines the requirements of subsection (f) of this section are
met, he or she shall prepare a document announcing his or her intent to grant the allocation of
TEDZ emissions.
(2) This document may contain such conditions as are necessary to ensure
compliance with this part and that the project is completed as described in the petition.
(j)(1) No petition may be granted unless the public has first had an opportunity to
comment.
(2) The opportunity to comment shall include:
(A)(i) The publication of a notice of the director’s decision in a newspaper
of general circulation in the county in which the proposed facility will be located.
(ii) In the event the local newspaper is unable or unwilling to
publish notice, notice may be published in a newspaper of statewide circulation; and
(B) A thirty-day period for submittal of public comment, beginning on the
date of the newspaper notice and ending on the date thirty (30) days later.
(k) The notice required under subsection (j) of this section may be issued concurrently
with the notice required under 8 CAR § 43-209(c).
(l)(1) The director shall take final action on a petition after the close of the public
comment period.
(2) The director shall notify in writing the owner/operator and any person that
submitted a written comment of the director’s final action and the director’s reasons for his or
her final action.
(m) A final decision on a petition by the director constitutes a final permitting decision
under Arkansas Pollution Control and Ecology Commission, Administrative Procedures, 8 CAR
pt. 11, for appeal purposes.
(n) The air permit application submitted concurrently with the petition for an allocation
of TEDZ emissions shall not be considered complete until final action is taken on the petition.
(o) Any petition issued under this section is subject to revocation, suspension, or
modification in whole or in part, for cause, including without limitation:
(1) Violation of any condition established by the director;
(2) Obtaining the allocations by misrepresentation or failure to disclose fully all
relevant facts;
(3) Failure to complete the project within the time periods specified by the
project schedule; or
(4) Failure to achieve the projected socioeconomic impacts.
(p)(1)(A) Petitions for allocations may be granted in whole, in part, or denied.

(B) If a petition for allocation is granted in part or denied, the applicant
must obtain offsets in the required ratios under the Clean Air Act pursuant to 8 CAR § 43-203(2)
and 8 CAR § 43-204.
(C) If a petition is granted, either in part or in whole, the applicant will be
notified of the decision and the allocations granted will be subtracted from the overall EDZ
allocation pool.
(2) A ten-percent reserve of allocations will be maintained in the pool, unless the
director approves the disbursement of these safety factor allocations.
(q) The issuance of allocations does not convey any property rights to the
owner/operator.
(r) In the event future changes in source operation and/or regulation renders all or some
of the allocations unneeded, the surplus allocations shall be returned.
(s) Except as provided in this subpart, TEDZ emissions allocations shall be good for the
life of the project.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. The Clean Air Act, Pub. L. No. 101-549, is codified at 42 U.S.C. § 7401 et seq.

8 CAR Section 43-206           Control technology information
8 CAR § 43-206. Control technology information.
Control technology information from permits issued under this subpart shall be
promptly submitted to the RACT/BACT/LAER clearinghouse for the benefit of other states and
the general public.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. “RACT” means reasonably available control technology.

8 CAR Section 43-207           Approval to construct
8 CAR § 43-207. Approval to construct.
Approval to construct shall not relieve any owner or operator of the responsibility to
comply fully with applicable provision of the plan and any other requirements under local,
state, or federal law.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.

8 CAR Section 43-208           Applicability to attainment or unclassifiable areas
8 CAR § 43-208. Applicability to attainment or unclassifiable areas.
(a) This part shall apply to any new major stationary source or major modification that
would locate in any area designated as attainment or unclassifiable for any national ambient air
quality standard pursuant to Section 107 of the Clean Air Act, when it would cause or
contribute to a violation of any national ambient air quality standard.
(b) A major source or major modification will be considered to cause or contribute to a
violation of a national ambient air quality standard when such source or modification would, at
a minimum, exceed the following significance levels at any locality that does not or would not
meet the applicable national standard:
Table page 144
Pollutant Averaging Time (hours)
Annual 24 8 3 1
SO2 1.0 μg/m3 5 μg/m3 25 μg/m3
PM10 1.0 μg/m3 5 μg/m3
NO2 1.0 μg/m3
CO 0.5μg/m3 2 mg/m3
(c)(1) A proposed major source or major modification subject to this section may reduce
the impact of its emissions upon air quality by obtaining sufficient emission reductions to, at a
minimum, compensate for its adverse ambient impact where the major source or major
modification would otherwise cause or contribute to a violation of any national ambient air
quality standard.
(2) In the absence of such emission reductions, the Director of the Division of
Environmental Quality shall deny the proposed construction.
(d) The requirements of this section shall not apply to a major stationary source or
major modification with respect to a particular pollutant if the owner or operator demonstrates
that, as to that pollutant, the source or modification is located in an area designated as
nonattainment pursuant to Section 107 of the Clean Air Act.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. The Clean Air Act, Pub. L. No. 101-549, is codified at 42 U.S.C. § 7401 et seq.

8 CAR Section 43-209           Applicability of other rules
8 CAR § 43-209. Applicability of other rules.
(a) The administrative requirements contained in the Arkansas Pollution Control and
Ecology Commission, Rules of the Arkansas Operating Air Permit Program, 8 CAR pt. 42, shall
apply to permits issued under this part.
(b) The permit modification and administrative permit amendments procedures
contained in the Rules of the Arkansas Operating Air Permit Program, 8 CAR pt. 42, shall apply
to permits issued under this part.
(c) The public notice requirements contained in the Rules of the Arkansas Operating Air
Permit Program, 8 CAR pt. 42, shall apply to permits issued under this part.
(d) All facilities subject to permitting under this part shall pay fees in accordance with
Permit Fee Rules, 8 CAR pt. 12.
(e)(1) All major stationary sources subject to this part shall comply with all applicable
provisions of the commission, Rules of the Arkansas Plan of Implementation for Air Pollution
Control, 8 CAR pt. 41.
(2) This includes, but is not limited to, the stack height requirements contained in
8 CAR § 41-401 et seq., and the upset and emergency conditions contained in 8 CAR § 41-501 et
seq.
(3) The requirements of 8 CAR § 41-801 et seq., do not apply to sources subject
to this part.

(f)(1) All major stationary sources subject to this part shall comply with the provisions of
8 CAR pt. 42.
(2) This part in no way alters a source’s responsibilities under 8 CAR pt. 42.
(g)(1) All major stationary sources subject to this part shall comply with the provisions of
the commission, Arkansas Air Pollution Control Code, 8 CAR pt. 40.
(2) This part in no way alters a source’s responsibilities under 8 CAR pt. 40.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.

Subpart 3. Applicability Tests
Subpart 3. Applicability Tests          3044
8 CAR Section 43-301           Actual-to-projected-actual applicability test
8 CAR § 43-301. Actual-to-projected-actual applicability test.
For projects that only involve existing emissions units, a significant emissions increase of
a regulated NSR pollutant is projected to occur if the sum of the difference between the
projected actual emissions (as defined in Subpart 1 of this part) and the baseline actual
emissions (as defined in Subpart 1 of this part, as applicable), for each existing emissions unit,
equals or exceeds the significant amount for that pollutant (as defined in Subpart 1 of this part).
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. “NSR” means new source review.

8 CAR Section 43-302           Actual-to-potential test
8 CAR § 43-302. Actual-to-potential test.
For projects that only involve construction of a new emissions unit, a significant
emissions increase of a regulated NSR pollutant is projected to occur if the sum of the
difference between the potential to emit (as defined in Subpart 1 of this part) from each new
emissions unit following completion of the project and the baseline actual emissions (as defined
in Subpart 1 of this part) of these units before the project equals or exceeds the significant
amount for that pollutant (as defined in Subpart 1 of this part).
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. “NSR” means new source review.

8 CAR § 43-303. [Reserved].

8 CAR § 43-304. [Reserved].

8 CAR § 43-305. Emission baseline credits.
(a) For sources and modifications subject to this part, the baseline for determining credit
for emissions reductions is the emissions limit under the applicable State Implementation Plan
in effect at the time the application to construct is filed, except that the offset baseline shall be
the actual emissions of the source from which offset credit is obtained where:

(1) The demonstration of reasonable further progress and attainment of ambient
air quality standards is based upon the actual emissions of sources located within a designated
nonattainment area for which the preconstruction review program was adopted; or
(2) The applicable State Implementation Plan does not contain an emissions
limitation for that source or source category.
(b) Where the emissions limit under the applicable State Implementation Plan allows
greater emissions than the potential to emit of the source, emissions offset credit will be
allowed only for control below this potential.
(c)(1) For an existing fuel combustion source, credit shall be based on the allowable
emissions under the applicable State Implementation Plan for the type of fuel being burned at
the time the application to construct is filed.
(2)(A) If the existing source commits to switch to a cleaner fuel at some future
date, emissions offset credit based on the allowable (or actual) emissions for the fuels involved
is not acceptable, unless the permit is conditioned to require the use of a specified alternative
control measure which would achieve the same degree of emissions reduction should the
source switch back to a dirtier fuel at some later date.
(B) The reviewing authority should ensure that adequate long-term
supplies of the new fuel are available before granting emissions offset credit for fuel switches.
(d) Emissions reductions achieved by shutting down an existing source or curtailing
production or operating hours:
(1)(A) May be generally credited for offsets if they meet the requirements in
subdivisions (d)(1)(B) and (C) of this section.
(B) Such reductions are:
(i) Surplus;
(ii) Permanent;
(iii) Quantifiable; and
(iv) Federally enforceable.
(C)(i) The shutdown or curtailment occurred after the last day of the base
year for the SIP planning process.
(ii) For purposes of this subdivision (d)(1)(C), a reviewing authority
may choose to consider a prior shutdown or curtailment to have occurred after the last day of
the base year if the projected emissions inventory used to develop the attainment
demonstration explicitly includes the emissions from such previously shutdown or curtailed
emission units.
(iii) However, in no event may credit be given for shutdowns that
occurred before August 7, 1977; and
(2) That do not meet the requirements in subdivision (d)(1)(C) of this section may
be generally credited only if:
(A) The shutdown or curtailment occurred on or after the date the
construction permit application is filed; or
(B) The applicant can establish that the proposed new emissions unit is a
replacement for the shutdown or curtailed emissions unit, and the emissions reductions
achieved by the shutdown or curtailment met the requirements of subdivision (d)(1)(B) of this
section.

(e) No emissions credit may be allowed for replacing one (1) hydrocarbon compound
with another of lesser reactivity, except for those compounds listed in Table 1 of the
Environmental Protection Agency’s "Recommended Policy on Control of Volatile Organic
Compounds" (42 FR 35314, July 8, 1977).
(f) All emission reductions claimed as offset credit shall be federally enforceable.
(g) Procedures relating to the permissible location of offsetting emissions are found in 8
CAR § 43-204.
(h) Credit for an emissions reduction can be claimed to the extent that the reviewing
authority has not relied on it in issuing any permit under regulations approved pursuant to 40
C.F.R. pt. 51, Subpart I, or the state has not relied on it in demonstration attainment or
reasonable further progress.
(i) [Reserved].
(j) [Reserved].
(k) The total tonnage of increased emissions, in tons per year, resulting from a major
modification that must be offset in accordance with Section 173 of the Clean Air Act shall be
determined by summing the difference between the allowable emissions after the modification
(as defined by Subpart 1 of this part) and the actual emissions before the modification (as
defined in Subpart 1 of this part) for each emissions unit.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. The Clean Air Act, Pub. L. No. 101-549, is codified at 42 U.S.C. § 7401 et seq.
 

8 CAR Section 43-303           [Reserved]
8 CAR Section 43-304           [Reserved]
8 CAR Section 43-305           Emission baseline credits
8 CAR Section 43-306           Relaxation of limitations
8 CAR Section 43-307           Modification to existing units
8 CAR § 43-306. Relaxation of limitations.
At such time that a particular source or modification becomes a major stationary source or major 
modification solely by virtue of a relaxation in any enforcement limitation which was established 
after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, 
such as a restriction on hours of operation, then the requirements of this part shall apply to the 
source or modification as though construction had not yet commenced on the source or modification.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.

8 CAR § 43-307. Modification to existing units.
(a) The following specific provisions apply to projects at existing emissions units at a major 
stationary source in circumstances where the owner or operator elects to use the method specified 
in 8 CAR § 43-104(b)(31)(B)(i) – (iii) of the definition of “projected actual emissions” for 
calculating projected actual emissions.
(b) Before beginning actual construction of the project, the owner or operator shall document and 
maintain a record of the following information:
(1) A description of the project;
(2) Identification of the emissions unit or units whose emissions of a regulated
NSR pollutant could be affected by the project; and

(3) A description of the applicability test used to determine that the project is
not a major modification for any regulated NSR pollutant, including the baseline actual
emissions, the projected actual emissions, the amount of emissions excluded under the
definition of “projected actual emissions”, 8 CAR § 43-104(b)(31)(B)(iii), and an explanation for
why such amount was excluded, and any netting calculations, if applicable.
(c)(1) If the emissions unit is an existing electric utility steam generating unit, before
beginning actual construction, the owner or operator shall provide a copy of the information
set out in subsection (b) of this section to the reviewing authority.
(2) Nothing in this subsection shall be construed to require the owner or
operator of such a unit to obtain any determination from the reviewing authority before
beginning actual construction.
(d) The owner or operator shall monitor the emissions of any regulated NSR pollutant
that could increase as a result of the project and that is emitted by any emissions units
identified in subdivision (b)(2) of this section, and calculate and maintain a record of the annual
emissions, in tons per year on a calendar year basis, for a period of five (5) years following
resumption of regular operations after the change, or for a period of ten (10) years following
resumption of regular operations after the change if the project increases the design capacity
or potential to emit of that regulated NSR pollutant at such emissions unit.
(e) If the unit is an existing electric utility steam generating unit, the owner or operator
shall submit a report to the reviewing authority within sixty (60) days after the end of each year
during which records must be generated under subdivision (d) of this section setting out the
unit's annual emissions during the year that preceded submission of the report.
(f)(1) If the unit is an existing unit other than an electric utility steam generating unit,
the owner or operator shall submit a report to the reviewing authority if the annual emissions,
in tons per year, from the project identified in subsection (b) of this section, exceed the
baseline actual emissions as documented and maintained pursuant to subdivision (b)(3) of this
section, by a significant amount (as defined in Subpart 1 of this part) for that regulated NSR
pollutant, and if such emissions differ from the preconstruction projection as documented and
maintained pursuant to subdivision (b)(3) of this section.
(2) Such report shall be submitted to the reviewing authority within sixty (60)
days after the end of such year.
(3) The report shall contain the following:
(A) The name, address, and telephone number of the major stationary
source;
(B) The annual emissions as calculated pursuant to subsection (d) of this
section; and
(C) Any other information that the owner or operator wishes to include in
the report, (e.g., an explanation as to why the emissions differ from the preconstruction
projection).
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. “NSR” means new source review.

8 CAR Section 43-308           Public availability of information
8 CAR Section 43-309           Applicability to nitrogen oxides
8 CAR Section 43-310            Offset requirements
8 CAR § 43-308. Public availability of information.
(a) The owner or operator of the source shall make the information required to be documented and 
maintained pursuant to 8 CAR § 43-307 available for review upon a request for inspection by the 
reviewing authority or the general public, except for information entitled to confidential 
treatment.
(b) The contents of a permit shall not be entitled to confidential treatment.

Authority. Arkansas Code §§ 8-1-203, 8-4-311.

8 CAR § 43-309. Applicability to nitrogen oxides.
The requirements of this section applicable to major stationary sources and major modifications of 
volatile organic compounds shall apply to nitrogen oxides emissions from major stationary sources 
and major modifications of nitrogen oxides in an ozone transport region or in any ozone 
nonattainment area, except in ozone nonattainment areas or in portions of an ozone transport region 
where the Administrator of the Environmental Protection Agency has granted an NOx waiver applying 
the standards set forth under Section 182(f) of the Clean Air Act and the waiver continues to 
apply.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. The Clean Air Act, Pub. L. No. 101-549, is codified at 42 U.S.C. § 7401 et seq.

8 CAR § 43-310. Offset requirements.
(a) In meeting the emissions offset requirements of 8 CAR § 43-305 for ozone
nonattainment areas that are subject to Subpart 2, Part D, Title I of the Clean Air Act, the ratio
of total actual emissions reductions of VOC to the emissions increase of VOC shall be as follows:
(1) In any marginal nonattainment area for ozone, at least one and one-tenth to
one (1.1:1);
(2) In any moderate nonattainment area for ozone, at least one and fifteenhundredths
to one (1.15:1);
(3) In any serious nonattainment area for ozone, at least one and two-tenths to
one (1.2:1);
(4) In any severe nonattainment area for ozone, at least one and three-tenths to
one (1.3:1) (except that the ratio may be at least one and two-tenths to one (1.2:1) if the
approved plan also requires all existing major sources in such nonattainment area to use BACT
for the control of VOC); and
(5) In any extreme nonattainment area for ozone, at least one and five-tenths to
one (1.5:1) (except that the ratio may be at least one and two-tenths to one (1.2:1) if the
approved plan also requires all existing major sources in such nonattainment area to use BACT
for the control of VOC).
(b) Notwithstanding the requirements of subsection (a) of this section for meeting the
requirements of 8 CAR § 43-305, the ratio of total actual emissions reductions of VOC to the
emissions increase of VOC shall be at least one and fifteen-hundredths to one (1.15:1) for all
areas within an ozone transport region that is subject to Subpart 2, Part D, Title I of the Clean

Air Act, except for serious, severe, and extreme ozone nonattainment areas that are subject to
Subpart 2, Part D, Title I of the Clean Air Act.
(c) In meeting the emissions offset requirements of 8 CAR § 43-305 for ozone
nonattainment areas that are subject to Subpart 1, Part D, Title I of the Clean Air Act (but are
not subject to Subpart 2, Part D, Title I of the Clean Air Act, including eight-hour ozone
nonattainment areas subject to 40 C.F.R. § 51.902(b)), the ratio of total actual emissions
reductions of VOC to the emissions increase of VOC shall be at least one to one (1:1).
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. The Clean Air Act, Pub. L. No. 101-549, is codified at 42 U.S.C. § 7401 et seq.

8 CAR Section 43-311            PM₁₀ precursors
8 CAR § 43-311. PM10 precursors.
The requirements of this part applicable to major stationary sources and major
modifications of PM10 shall also apply to major stationary sources and major modifications of
PM10 precursors, except where the Administrator of the Environmental Protection Agency
determines that such sources do not contribute significantly to PM10 levels that exceed the
PM10 ambient standards in the area.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. “PM10” means particulate matter that is generally ten (10) micrometers in
diameter and smaller.
Subpart 4. [Reserved]
Subpart 5. [Reserved]
Subpart 6. [Reserved]
Subpart 7. Actual PALs
8 CAR § 43-701. Applicability.
(a)(1) The reviewing authority may approve the use of an actuals PAL for any existing
major stationary source (except as provided in subsection (b) of this section) if the PAL meets
the requirements in this subpart.
(2) The term "PAL" shall mean "actuals PAL" throughout this subpart.
(b) The reviewing authority shall not allow an actuals PAL for VOC or NOx for any major
stationary source located in an extreme ozone nonattainment area.
(c) Any physical change in or change in the method of operation of a major stationary
source that maintains its total source-wide emissions below the PAL level, meets the
requirements in this subpart, and complies with the PAL permit:
(1) Is not a major modification for the PAL pollutant

(2) Does not have to be approved through the plan's nonattainment major NSR
program; and
(3) Is not subject to the provisions in 8 CAR § 43-306 (restrictions on relaxing
enforceable emission limitations that the major stationary source used to avoid applicability of
the nonattainment major NSR program).
(d) Except as provided under subdivision (c)(3) of this section, a major stationary source
shall continue to comply with all applicable federal or state requirements, emission limitations,
and work practice requirements that were established prior to the effective date of the PAL.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. “NSR” means new source review


8 CAR Section 43-702           Definitions
8 CAR § 43-702. Definitions.
(a) For purposes of this subpart, the following definitions apply.
(b) When a term is not defined in this subpart, it shall have the meaning given in Subpart
1 of this part or in the federal Clean Air Act:
(1) “Actuals PAL for a major stationary source” means a PAL based on the
baseline actual emissions (as defined in Subpart 1 of this part) of all emissions units (as defined
in Subpart 1 of this part) at the source, that emit or have the potential to emit the PAL
pollutant;
(2)(A) “Allowable emissions” means "allowable emissions" as defined in Subpart
1 of this part, except as this definition is modified according to subdivisions (b)(2)(B) and (C) of
this section.
(B) The allowable emissions for any emissions unit shall be calculated
considering any emission limitations that are enforceable as a practical matter on the emissions
unit's potential to emit.
(C) An emissions unit's potential to emit shall be determined using the
definition in Subpart 1 of this part, except that the words "or enforceable as a practical matter"
should be added after "federally enforceable";
(3) “Major emissions unit” means any emissions unit that emits or has the
potential to emit:
(A) One hundred (100) tons per year or more of the PAL pollutant in an
attainment area; or
(B)(i) The PAL pollutant in an amount that is equal to or greater than the
major source threshold for the PAL pollutant as defined by the Clean Air Act for nonattainment
areas.
(ii) For example, in accordance with the definition of major
stationary source in Section 182(c) of the Clean Air Act, an emissions unit would be a major
emissions unit for VOC if the emissions unit is located in a serious ozone nonattainment area
and it emits or has the potential to emit fifty (50) or more tons of VOC per year;
(4)(A) “PAL effective date” means the date of issuance of the PAL permit.

(B) However, the PAL effective date for an increased PAL is the date any
emissions unit which is part of the PAL major modification becomes operational and begins to
emit the PAL pollutant;
(5) “PAL effective period” means the period beginning with the PAL effective
date and ending ten (10) years later;
(6) “PAL major modification” means, notwithstanding the definitions for major
modification and net emissions increase contained in Subpart 1 of this part, any physical change
in or change in the method of operation of the PAL source that causes it to emit the PAL
pollutant at a level equal to or greater than the PAL;
(7) “PAL permit” means the major NSR permit, the minor NSR permit, or the
state operating permit under a program that is approved into the plan, or the Title V permit
issued by the reviewing authority that establishes a PAL for a major stationary source;
(8) “PAL pollutant” means the pollutant for which a PAL is established at a major
stationary source;
(9) “Plantwide applicability limitation (PAL)” means an emission limitation
expressed in tons per year for a pollutant at a major stationary source that is enforceable as a
practical matter and established source-wide in accordance with this subpart;
(10) “Significant emissions unit” means an emissions unit that emits or has the
potential to emit a PAL pollutant in an amount that is equal to or greater than the significant
level (as defined in Subpart 1 of this part or in the Clean Air Act, whichever is lower) for that PAL
pollutant, but less than the amount that would qualify the unit as a major emissions unit as
defined in subdivision (b)(3) of this section; and
(11) “Small emissions unit” means an emissions unit that emits or has the
potential to emit the PAL pollutant in an amount less than the significant level for that PAL
pollutant, as defined in Subpart 1 of this part or in the Clean Air Act, whichever is lower.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. The Clean Air Act, Pub. L. No. 101-549, is codified at 42 U.S.C. § 7401 et seq.
“NSR” means new source review.

8 CAR Section 43-703            Permit application requirements
8 CAR § 43-703. Permit application requirements.
As part of a permit application requesting a PAL, the owner or operator of a major
stationary source shall submit the following information to the reviewing authority for
approval:
(1)(A) A list of all emissions units at the source designated as small, significant, or
major based on their potential to emit.
(B) In addition, the owner or operator of the source shall indicate which,
if any, federal or state applicable requirements, emission limitations, or work practices apply to
each unit;
(2)(A) Calculations of the baseline actual emissions with supporting
documentation.

(B) Baseline actual emissions are to include emissions associated not only
with operation of the unit, but also emissions associated with startup, shutdown, and
malfunction; and
(3) The calculation procedures that the major stationary source owner or
operator proposes to use to convert the monitoring system data to monthly emissions and
annual emissions based on a twelve-month rolling total for each month as required by 8 CAR §
43-714(a).
Authority. Arkansas Code §§ 8-1-203, 8-4-311.


8 CAR Section 43-704           General requirements for establishing PALs
8 CAR § 43-704. General requirements for establishing PALs.
(a) The plan allows the reviewing authority to establish a PAL at a major stationary
source, provided that at a minimum, the requirements in subdivisions (a)(1) – (7) of this section
are met:
(1)(A) The PAL shall impose an annual emission limitation in tons per year that is
enforceable as a practical matter for the entire major stationary source.
(B) For each month during the PAL effective period after the first twelve
(12) months of establishing a PAL, the major stationary source owner or operator shall show
that the sum of the monthly emissions from each emissions unit under the PAL for the previous
twelve (12) consecutive months is less than the PAL (a twelve-month average, rolled monthly).
(C) For each month during the first eleven (11) months from the PAL
effective date, the major stationary source owner or operator shall show that the sum of the
preceding monthly emissions from the PAL effective date for each emissions unit under the PAL
is less than the PAL;
(2) The PAL shall be established in a PAL permit that meets the public
participation requirements in 8 CAR § 43-705;
(3) The PAL permit shall contain all the requirements of 8 CAR § 43-707;
(4) The PAL shall include fugitive emissions, to the extent quantifiable, from all
emissions units that emit or have the potential to emit the PAL pollutant at the major stationary
source;
(5) Each PAL shall regulate emissions of only one (1) pollutant;
(6) Each PAL shall have a PAL effective period of ten (10) years; and
(7) The owner or operator of the major stationary source with a PAL shall comply
with the monitoring, recordkeeping, and reporting requirements provided in 8 CAR §§ 43-713 –
43-715 for each emissions unit under the PAL through the PAL effective period;
(b) At no time during or after the PAL effective period are emissions reductions of a PAL
pollutant, which occur during the PAL effective period, creditable as decreases for purposes of
offsets under 8 CAR § 43-305(b) – (k) unless the level of the PAL is reduced by the amount of
such emissions reductions and such reductions would be creditable in the absence of the PAL.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.


8 CAR § 43-705. Public participation requirement for PALs.
8 CAR Section 43-705            Public participation requirement for PALs
(a) PALs for existing major stationary sources shall be established, renewed, or
increased through a procedure that is consistent with Subpart 2 of this part.
(b)(1)This includes the requirement that the reviewing authority provide the public with
notice of the proposed approval of a PAL permit and at least a thirty-day period for submittal of
public comment.
(2) The reviewing authority must address all material comments before taking
final action on the permit.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.

8 CAR § 43-706. Setting the ten-year actuals PAL level.
8 CAR Section 43-706           Setting the ten-year actuals PAL level
8 CAR § 43-706. Setting the ten-year actuals PAL level.
(a)(1) Except as provided in subsection (b) of this section, the plan shall provide that the
actuals PAL level for a major stationary source shall be established as the sum of the baseline
actual emissions (as defined in Subpart 1 of this part) of the PAL pollutant for each emissions
unit at the source, plus an amount equal to the applicable significant level for the PAL pollutant
under Subpart 1 of this part or under the Clean Air Act, whichever is lower.
(2)(A) When establishing the actuals PAL level for a PAL pollutant, only one (1)
consecutive twenty-four-month period must be used to determine the baseline actual
emissions for all existing emissions units.
(B) However, a different consecutive twenty-four-month period may be
used for each different PAL pollutant.
(C) Emissions associated with units that were permanently shut down
after this twenty-four-month period must be subtracted from the PAL level.
(3)(A) The reviewing authority shall specify a reduced PAL level (in tons/year) in
the PAL permit to become effective on the future compliance date of any applicable federal or
state regulatory requirement or requirements that the reviewing authority is aware of prior to
issuance of the PAL permit.
(B) For instance, if the source owner or operator will be required to
reduce emissions from industrial boilers in half from baseline emissions of sixty (60) ppm NOx
to a new rule limit of thirty (30) ppm, then the permit shall contain a future effective PAL level
that is equal to the current PAL level reduced by half of the original baseline emissions of such
unit.
(b) For newly constructed units (which do not include modifications to existing units) on
which actual construction began after the twenty-four-month period, in lieu of adding the
baseline actual emissions as specified in subsection (a) of this section, the emissions must be
added to the PAL level in an amount equal to the potential to emit of the unit.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. The Clean Air Act, Pub. L. No. 101-549, is codified at 42 U.S.C. § 7401 et seq.
“ppm” means parts per million.

8 CAR § 43-707. Contents of the PAL permit.
8 CAR Section 43-707           Contents of the PAL permit
Any PAL permit issued under this subpart shall contain the following information:
(1) The PAL pollutant and the applicable source-wide emission limitation in tons
per year;
(2) The PAL permit effective date and the expiration date of the PAL (PAL
effective period);
(3)(A) Specification in the PAL permit that if a major stationary source owner or
operator applies to renew a PAL in accordance with 8 CAR § 43-711 before the end of the PAL
effective period, then the PAL shall not expire at the end of the PAL effective period.
(B) It shall remain in effect until a revised PAL permit is issued by the
reviewing authority;
(4) A requirement that emission calculations for compliance purposes include
emissions from:
(A) Startups;
(B) Shutdowns; and
(C) Malfunctions;
(5) A requirement that, once the PAL expires, the major stationary source is
subject to the requirements of 8 CAR § 43-710;
(6) The calculation procedures that the major stationary source owner or
operator shall use to convert the monitoring system data to monthly emissions and annual
emissions based on a twelve-month rolling total for each month as required by 8 CAR § 43-
714(a);
(7) A requirement that the major stationary source owner or operator monitor
all emissions units in accordance with the provisions under 8 CAR § 43-713;
(8)(A) A requirement to retain the records required under 8 CAR § 43-714 on
site.
(B) Such records may be retained in an electronic format;
(9) A requirement to submit the reports required under 8 CAR § 43-715 by the
required deadlines; and
(10) Any other requirements that the reviewing authority deems necessary to
implement and enforce the PAL.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.


8 CAR § 43-708. Reopening of the PAL permit.
8 CAR Section 43-708           Reopening of the PAL permit
8 CAR § 43-708. Reopening of the PAL permit.
(a) During the PAL effective period, the PAL permit shall be reopened to:
(1) Correct typographical/calculation errors made in setting the PAL or reflect a
more accurate determination of emissions used to establish the PAL;
(2) Reduce the PAL if the owner or operator of the major stationary source
creates creditable emissions reductions for use as offsets under 8 CAR § 43-305(b) – (k);
(3) Revise the PAL to reflect an increase in the PAL as provided under 8 CAR § 43-
712.
(b) The PAL permit may be reopened to:
(1) Reduce the PAL to reflect newly applicable federal requirements (for
example, NSPS) with compliance dates after the PAL effective date;
(2) Reduce the PAL consistent with any other requirement that is enforceable as
a practical matter and that the state may impose on the major stationary source under the
plan;
(3) Reduce the PAL if the reviewing authority determines that a reduction is
necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an
adverse impact on an air quality related value that has been identified for a Federal Class I area
by a Federal Land Manager and for which information is available to the general public.
(c) Except for the permit reopening in subdivision (a)(1) of this section for the correction
of typographical/calculation errors that do not increase the PAL level, all other reopenings shall
be carried out in accordance with the public participation requirements of 8 CAR § 43-705.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. “NAAQS” means National Ambient Air Quality Standards.
“NSPS” means New Source Performance Standards.


8 CAR § 43-709.PAL effective period.
8 CAR Section 43-709           PAL effective period
8 CAR § 43-709.PAL effective period.
A PAL shall have an effective period of ten (10) years.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.


8 CAR § 43-710. Expiration of a PAL.
8 CAR Section 43-710           Expiration of a PAL
8 CAR § 43-710. Expiration of a PAL.
(a) Any PAL which is not renewed in accordance with the procedures in 8 CAR § 43-711
shall expire at the end of the PAL effective period, and the requirements in subsections (b) – (f)
of this section shall apply.
(b)(1) Each emissions unit, or each group of emissions units, that existed under the PAL
shall comply with an allowable emission limitation under a revised permit established according
to the procedures in subdivisions (b)(2) and (3) of this section.
(2)(A) Within the time frame specified for PAL renewals in 8 CAR § 43-711(b), the
major stationary source shall submit a proposed allowable emission limitation for each
emissions unit (or each group of emissions units, if such a distribution is more appropriate as
decided by the reviewing authority) by distributing the PAL allowable emissions for the major
stationary source among each of the emissions units that existed under the PAL.
(B) If the PAL had not yet been adjusted for an applicable requirement
that became effective during the PAL effective period, as required under 8 CAR § 43-711(e),
such distribution shall be made as if the PAL had been adjusted.
(3) The reviewing authority shall decide whether and how the PAL allowable
emissions will be distributed and issue a revised permit incorporating allowable limits for each
emissions unit, or each group of emissions units, as the reviewing authority determines is
appropriate.
(c)(1) Each emissions unit or units shall comply with the allowable emission limitation on
a twelve-month rolling basis.
(2) The reviewing authority may approve the use of monitoring systems (source
testing, emission factors, etc.) other than CEMS, CERMS, PEMS, or CPMS to demonstrate
compliance with the allowable emission limitation.
(d) Until the reviewing authority issues the revised permit incorporating allowable limits
for each emissions unit, or each group of emissions units, as required under subdivision (b)(2)
of this section, the source shall continue to comply with a source-wide, multi-unit emissions cap
equivalent to the level of the PAL emission limitation.
(e) Any physical change or change in the method of operation at the major stationary
source will be subject to the nonattainment major NSR requirements if such change meets the
definition of major modification in Subpart 1 of this part.
(f) The major stationary source owner or operator shall continue to comply with any
state or federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either
during the PAL effective period or prior to the PAL effective period except for those emission
limitations that had been established pursuant to 8 CAR § 43-306, but were eliminated by the
PAL in accordance with the provisions in 8 CAR § 43-701(c)(3).
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. “NSPS” means New Source Performance Standards.
“NSR” means new source review.

8 CAR § 43-711. Renewal of a PAL.
8 CAR Section 43-711           Renewal of a PAL
8 CAR § 43-711. Renewal of a PAL.
(a)(1) The reviewing authority shall follow the procedures specified in 8 CAR § 43-705 in
approving any request to renew a PAL for a major stationary source, and shall provide both the
proposed PAL level and a written rationale for the proposed PAL level to the public for review
and comment.
(2) During such public review, any person may propose a PAL level for the source
for consideration by the reviewing authority.
(b) Application deadline.
(1)(A) A major stationary source owner or operator shall submit a timely
application to the reviewing authority to request renewal of a PAL.
(B) A timely application is one that is submitted at least six (6) months
prior to, but not earlier than eighteen (18) months from, the date of permit expiration.
(C) This deadline for application submittal is to ensure that the permit will
not expire before the permit is renewed.
(2) If the owner or operator of a major stationary source submits a complete
application to renew the PAL within this time period, then the PAL shall continue to be effective
until the revised permit with the renewed PAL is issued.
(c) Application requirements. The application to renew a PAL permit shall contain:
(1) The information required in subdivisions (c)(2) – (5) of this section;
(2) The information required in 8 CAR § 43-703(1) – (3);
(3) A proposed PAL level;

(4) The sum of the potential to emit of all emissions units under the PAL with
supporting documentation; and
(5) Any other information the owner or operator wishes the reviewing authority
to consider in determining the appropriate level for renewing the PAL.
(d) PAL adjustment.
(1)(A) In determining whether and how to adjust the PAL, the reviewing
authority shall consider the options outlined in subdivisions (d)(2)(A) and (B) of this section.
(B) However, in no case may any such adjustment fail to comply with
subdivision (d)(2)(C) of this section.
(2) If the emissions level calculated in accordance with 8 CAR § 43-706 is equal to
or greater than eighty percent (80%) of the PAL level, the reviewing authority may:
(A) Renew the PAL at the same level without considering the factors set
forth in subdivision (d)(2)(B) of this section; or
(B) Set the PAL at a level that it determines to be more representative of
the source's baseline actual emissions, or that it determines to be appropriate considering:
(i) Air quality needs;
(ii) Advances in control technology;
(iii) Anticipated economic growth in the area;
(iv) Desire to reward or encourage the source's voluntary
emissions reductions; or
(v) Other factors as specifically identified by the reviewing
authority in its written rationale.
(C) Notwithstanding subdivision (d)(2)(A) and (B) of this section, if the
potential to emit of the major stationary source is less than the PAL, the reviewing authority
shall:
(i) Adjust the PAL to a level no greater than the potential to emit
of the source; and
(ii) Not approve a renewed PAL level higher than the current PAL,
unless the major stationary source has complied with the provisions of 8 CAR § 43-712
(increasing a PAL).
(e) If the compliance date for a state or federal requirement that applies to the PAL
source occurs during the PAL effective period, and if the reviewing authority has not already
adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or
Title V permit renewal, whichever occurs first.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. Title V refers to Title V of the Clean Air Act, Pub. L. No. 101-549, which is
codified at 42 U.S.C. § 7401 et seq.


8 CAR § 43-712. Increasing a PAL during the PAL effective period
8 CAR Section 43-712           Increasing a PAL during the PAL effective period
8 CAR § 43-712. Increasing a PAL during the PAL effective period.
(a)(1) The reviewing authority may increase a PAL emission limitation only if the major
stationary source complies with the provisions in subdivisions (a)(2) – (5) of this section.

(2)(A) The owner or operator of the major stationary source shall submit a
complete application to request an increase in the PAL limit for a PAL major modification.
(B) Such application shall identify the emissions unit or units contributing
to the increase in emissions so as to cause the major stationary source's emissions to equal or
exceed its PAL.
(3)(A) As part of this application, the major stationary source owner or operator
shall demonstrate that the sum of the baseline actual emissions of the small emissions units,
plus the sum of the baseline actual emissions of the significant and major emissions units
assuming application of BACT equivalent controls, plus the sum of the allowable emissions of
the new or modified emissions unit or units, exceeds the PAL.
(B) The level of control that would result from BACT equivalent controls
on each significant or major emissions unit shall be determined by conducting a new BACT
analysis at the time the application is submitted, unless the emissions unit is currently required
to comply with a BACT or LAER requirement that was established within the preceding ten (10)
years.
(C) In such a case, the assumed control level for that emissions unit shall
be equal to the level of BACT or LAER with which that emissions unit must currently comply.
(4)(A) The owner or operator obtains a major NSR permit for all emissions units
identified in subdivision (a)(2) of this section, regardless of the magnitude of the emissions
increase resulting from them (that is, no significant levels apply).
(B) These emissions units shall comply with any emissions requirements
resulting from the nonattainment major NSR program process (for example, LAER) even though
they have also become subject to the PAL or continue to be subject to the PAL.
(5) The PAL permit shall require that the increased PAL level shall be effective on
the day any emissions unit that is part of the PAL major modification becomes operational and
begins to emit the PAL pollutant.
(b) The reviewing authority shall calculate the new PAL as the sum of the allowable
emissions for each modified or new emissions unit, plus the sum of the baseline actual
emissions of the significant and major emissions units (assuming application of BACT equivalent
controls as determined in accordance with subdivision (a)(3) of this section), plus the sum of
the baseline actual emissions of the small emissions units.
(c) The PAL permit shall be revised to reflect the increased PAL level pursuant to the
public notice requirements of 8 CAR § 43-705.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. “NSR” means new source review.


8 CAR § 43-713. Monitoring requirements for PALs.
8 CAR Section 43-713           Monitoring requirements for PALs
8 CAR § 43-713. Monitoring requirements for PALs.
(a) General requirements.
(1)(A) Each PAL permit must contain enforceable requirements for the
monitoring system that accurately determines plantwide emissions of the PAL pollutant in
terms of mass per unit of time.
(B) Any monitoring system authorized for use in the PAL permit must be
based on sound science and meet generally acceptable scientific procedures for data quality
and manipulation.
(C) Additionally, the information generated by such system must meet
minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL
permit.
(2) The PAL monitoring system must:
(A) Employ one (1) or more of the four (4) general monitoring approaches
meeting the minimum requirements set forth in subdivisions (b)(1) – (4) of this section; and
(B) Be approved by the reviewing authority.
(3) Notwithstanding subdivision (a)(2) of this section, an owner or operator may
also employ an alternative monitoring approach that meets subdivision(a)(1) of this section if
approved by the reviewing authority.
(4) Failure to use a monitoring system that meets the requirements of this
subpart renders the PAL invalid.
(b) Minimum performance requirements for approved monitoring approaches. The
following are acceptable general monitoring approaches when conducted in accordance with
the minimum requirements in subsections (c) – (i) of this section:
(1) Mass balance calculations for activities using coatings or solvents;
(2) CEMS;
(3) CPMS or PEMS; and
(4) Emission factors.
(c) Mass balance calculations. An owner or operator using mass balance calculations to
monitor PAL pollutant emissions from activities using coatings or solvents shall meet the
following requirements:
(1) Provide a demonstrated means of validating the published content of the PAL
pollutant that is contained in or created by all materials used in or at the emissions unit;
(2) Assume that the emissions unit emits all of the PAL pollutant that is
contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot
otherwise be accounted for in the process; and
(3) Where the vendor of a material or fuel, which is used in or at the emissions
unit, publishes a range of pollutant content from such material, the owner or operator must
use the highest value of the range to calculate the PAL pollutant emissions unless the reviewing
authority determines there is site-specific data or a site-specific monitoring program to support
another content within the range.
(d) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall
meet the following requirements:
(1) CEMS must comply with applicable Performance Specifications found in 40
C.F.R. pt. 60, Appendix B; and
(2) CEMS must sample, analyze and record data at least every fifteen (15)
minutes while the emissions unit is operating.
(e) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant
emissions shall meet the following requirements:

(1) The CPMS or the PEMS must be based on current site-specific data
demonstrating a correlation between the monitored parameter or parameters and the PAL
pollutant emissions across the range of operation of the emissions unit; and
(2) Each CPMS or PEMS must sample, analyze, and record data at least every
fifteen (15) minutes, or at another less frequent interval approved by the reviewing authority,
while the emissions unit is operating.
(f) Emission factors. An owner or operator using emission factors to monitor PAL
pollutant emissions shall meet the following requirements:
(1) All emission factors shall be adjusted, if appropriate, to account for the
degree of uncertainty or limitations in the factors' development;
(2) The emissions unit shall operate within the designated range of use for the
emission factor, if applicable; and
(3) If technically practicable, the owner or operator of a significant emissions unit
that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation
testing to determine a site-specific emission factor within six (6) months of PAL permit issuance,
unless the reviewing authority determines that testing is not required.
(g) A source owner or operator must record and report maximum potential emissions
without considering enforceable emission limitations or operational restrictions for an
emissions unit during any period of time that there is no monitoring data, unless another
method for determining emissions during such periods is specified in the PAL permit.
(h) Notwithstanding the requirements in subsections (c) – (g) of this section, where an
owner or operator of an emissions unit cannot demonstrate a correlation between the
monitored parameter or parameters and the PAL pollutant emissions rate at all operating
points of the emissions unit, the reviewing authority shall, at the time of permit issuance:
(1) Establish default value or values for determining compliance with the PAL
based on the highest potential emissions reasonably estimated at such operating point or
points; or
(2) Determine that operation of the emissions unit during operating conditions
when there is no correlation between monitored parameter or parameters and the PAL
pollutant emissions is a violation of the PAL.
(i) Revalidation.
(1) All data used to establish the PAL pollutant must be revalidated through
performance testing or other scientifically valid means approved by the reviewing authority.
(2) Such testing must occur at least once every five (5) years after issuance of the
PAL.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.




8 CAR Section 43-714            Recordkeeping requirements
8 CAR § 43-714. Recordkeeping requirements.
(a) An owner or operator shall retain a copy of all records necessary to determine
compliance with any requirement of this subpart and of the PAL, including a determination of
each emissions unit's twelve-month rolling total emissions, for five (5) years from the date of
such record.

(b) An owner or operator shall retain a copy of the following records for the duration of
the PAL effective period plus five (5) years:
(1) A copy of the PAL permit application and any applications for revisions to the
PAL; and
(2) Each annual certification of compliance pursuant to Title V and the data
relied on in certifying the compliance.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. Title V refers to Title V of the Clean Air Act, Pub. L. No. 101-549, which is
codified at 42 U.S.C. § 7401 et seq.


8 CAR § 43-715. Reporting and notification requirements.
8 CAR Section 43-715            Reporting and notification requirements
8 CAR § 43-715. Reporting and notification requirements.
(a)(1) The owner or operator shall submit semiannual monitoring reports and prompt
deviation reports to the reviewing authority in accordance with the applicable Title V operating
permit program.
(2) The reports shall meet the requirements in subsections (b) – (d) of this
section.
(b) Semiannual report.
(1) The semiannual report shall be submitted to the reviewing authority within
thirty (30) days of the end of each reporting period.
(2) This report shall contain the information required in subdivisions (b)(2)(A) –
(G) of this section:
(A) The identification of owner and operator and the permit number;
(B) Total annual emissions (tons/year) based on a twelve-month rolling
total for each month in the reporting period recorded pursuant to 8 CAR § 43-714(a);
(C) All data relied upon, including, but not limited to, any quality
assurance or quality control data, in calculating the monthly and annual PAL pollutant
emissions;
(D) A list of any emissions units modified or added to the major stationary
source during the preceding six-month period;
(E) The number, duration, and cause of any deviations or monitoring
malfunctions (other than the time associated with zero and span calibration checks), and any
corrective action taken;
(F) A notification of a shutdown of any monitoring system, whether the
shutdown was permanent or temporary, the reason for the shutdown, the anticipated date
that the monitoring system will be fully operational or replaced with another monitoring
system, and whether the emissions unit monitored by the monitoring system continued to
operate, and the calculation of the emissions of the pollutant or the number determined by
method included in the permit, as provided by 8 CAR § 43-713(g); and
(G) A signed statement by the responsible official (as defined by the
applicable Title V operating permit program) certifying the truth, accuracy, and completeness of
the information provided in the report.
(c) Deviation report.

(1) The major stationary source owner or operator shall promptly submit reports
of any deviations or exceedance of the PAL requirements, including periods where no
monitoring is available.
(2)(A) A report submitted pursuant to 8 CAR § 42-601(3)(C)(ii) of Arkansas
Pollution Control and Ecology Commission, Rules of the Arkansas Operating Air Permit Program,
8 CAR pt. 42, shall satisfy this reporting requirement.
(B) The deviation reports shall be submitted within the time limits
prescribed by 8 CAR § 42-601(3)(C)(i).
(3) The reports shall contain the following information:
(A) The identification of owner and operator and the permit number;
(B) The PAL requirement that experienced the deviation or that was
exceeded;
(C) Emissions resulting from the deviation or the exceedance; and
(D) A signed statement by the responsible official (as defined by the
applicable Title V operating permit program) certifying the truth, accuracy, and completeness of
the information provided in the report.
(d) Revalidation results. The owner or operator shall submit to the reviewing authority
the results of any revalidation test or method within three (3) months after completion of such
test or method.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.
Codification Notes. Title V refers to Title V of the Clean Air Act, Pub. L. No. 101-549, which is
codified at 42 U.S.C. § 7401 et seq.

8 CAR Section 43-716            Transition requirements
8 CAR § 43-716. Transition requirements.
(a) The reviewing authority may supersede any PAL which was established prior to the
date of approval of this part with a PAL that complies with the requirements of this subpart.
(b) No reviewing authority may issue a PAL that does not comply with the requirements
of this subpart after the Administrator of the Environmental Protection Agency has approved
regulations incorporating these requirements into a plan.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.

Subpart 8. Effective Date 3045
8 CAR Section 43-801           Effective date
Subpart 8. Effective Date
8 CAR § 43-801. Effective date.
This part is effective ten (10) days after filing with the:
(1) Secretary of State;
(2) Arkansas State Library; and
(3) Bureau of Legislative Research.
Authority. Arkansas Code §§ 8-1-203, 8-4-311.

*******************************************************end************************************************************