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118.01.19-407. Permit Amendments

AR ADC 118.01.19-407Arkansas Administrative CodeEffective: May 6, 2022

West's Arkansas Administrative Code
Title 118. Department of Energy and Environment
Division 01. Arkansas Pollution Control and Ecology Commission
Rule 19. Rules of the Arkansas Plan of Implementation for Air Pollution Control
Chapter 4. Minor Source Review
Effective: May 6, 2022
Ark. Admin. Code 118.01.19-407
Formerly cited as AR ADC 014.01.1-4
118.01.19-407. Permit Amendments
Currentness
(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 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 rule shall remain freely transferable, provided the applicant for the transfer:
(a) notifies the Director at least thirty (30) days in advance of the proposed transfer date on such forms as the Director may reasonably require, and
(b) submits a disclosure statement, or other such documents as required by the Division.
(i) The disclosure statement shall include but not be limited to the following information:
(aa) The full name, business address, and social security number or tax i.d. number of the applicant and all affiliated persons;
(bb) 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;
(cc) 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;
(dd) A listing and explanation of any civil or criminal legal actions by government 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 administrative enforcement actions resulting in the imposition of sanctions, permit or license revocations or denials issued by any state or federal authority, actions that have resulted in a finding or a settlement of a violation, and actions that are pending;
(ee) 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;
(ff) Any other information the Director may require that relates to the competency, reliability, or responsibility of the applicant and affiliated persons.
(ii) The following persons or entities are not required to file a disclosure statement:
(aa) 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. 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;
(bb) Applicants for a general permit to be issued by the Department pursuant to its authority to implement the National Pollutant Discharge Elimination System for storm water discharge or any other person or entity the Commission may by rule exempt from the submission of a disclosure statement.
(cc) 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.
(dd) 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. The applicant shall submit such other information as the Director may require that relates to the competency, reliability, or responsibility or the applicant and affiliated persons.
(2) 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 non-compliance 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 non-compliance 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.
(3) Public notice requirements shall not apply to changes in ownership or changes in name.
(4) Denial of a permit transfer shall constitute a final permitting decision of the Director and may be appealed to the 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:
(a) be less than the following amounts:
i. Seventy-five (75) tons per year of carbon monoxide;
ii. Forty (40) tons per year of nitrogen dioxides, sulfur dioxides, or 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;
(b) or, result in an air quality impact less than:
Pollutant
De Minimis Concentration
Averaging Time
carbon monoxide
Five hundred (500) micrograms per cubic meter
Eight-hour
nitrogen dioxide
Ten (10) micrograms per cubic meter
Annual
PM2.5
Two (2) micrograms per cubic meter
Twenty-four-hour
PM10
Eight (8) micrograms per cubic meter
Twenty-four-hour
sulfur dioxide
Eighteen (18) micrograms per cubic meter
Twenty-four-hour
lead
One-tenth (0.1) micrograms per cubic meter
Three-month
(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 rule;
(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 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. The Division will require such multiple applications be processed as a permit modification with public notice and reconstruction requirements. Deliberate misrepresentation may be grounds for permit revocation.
(6) The applicant may implement De Minimis changes immediately upon approval by the Division.
(7) The Division shall revise the permit as expeditiously as practicable and may incorporate De Minimis changes without providing notice to the public. The applicant may implement De Minimis changes immediately upon approval by the Division.

Credits

Amended July 18, 2009; July 29, 2012; Dec. 8, 2012; July 27, 2013; March 14, 2016; Aug. 6, 2020; May 6, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 118.01.19-407, AR ADC 118.01.19-407
End of Document