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118.01.26.703. Compliance requirements

AR ADC 118.01.26.703Arkansas Administrative CodeEffective: December 25, 2021

West's Arkansas Administrative Code
Title 118. Department of Energy and Environment
Division 01. Arkansas Pollution Control and Ecology Commission
Rule 26. Rule NO. 26: Rules of the Arkansas Operating Air Permit Program
Chapter 7. Permit Content
Effective: December 25, 2021
Ark. Admin. Code 118.01.26.703
Formerly cited as AR ADC 014.01.2-7
118.01.26.703. Compliance requirements
Currentness
All part 70 permits shall contain the following elements with respect to compliance:
(A) Consistent with Rule 26.701(C), compliance certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit. Any document (including reports) required by a part 70 permit shall contain a certification by a responsible official consistent with Rule 26.410 and section 114(a)(3) of the Act.
(B) Inspection and entry requirements that require that, upon presentation of credentials and other documents as may be required by law, the permittee shall allow the Division or an authorized representative to perform the following:
(1) Enter upon the permittee's premises where a part 70 source is located or emissions-related activity is conducted, or where records must be kept under the conditions of the permit;
(2) Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;
(3) Inspect at reasonable times any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit; and
(4) As authorized by the Act, sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with the permit or applicable requirements.
(C) A schedule of compliance consistent with Rule 26.402(B)(8).
(D) Progress reports consistent with an applicable schedule of compliance and Rule 26.402(B)(8) to be submitted at least semiannually, or at a more frequent period if specified in the applicable requirement or by the Division. Such progress reports shall contain the following:
(1) Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when such activities, milestones or compliance were achieved; and
(2) An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted.
(E) Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, or work practices. Permits shall include each of the following:
(1) The frequency (not less than annually or such more frequent periods as specified in the applicable requirement or by the Division) of submissions of compliance certifications;
(2) In accordance with Rule 26.701(C), a means for monitoring the compliance of the source with its emissions limitations, standards, and work practices;
(3) A requirement that the compliance certification include all of the following (provided that the identification of applicable information may cross-reference the permit or previous reports, as applicable):
(a) The identification of each term or condition of the permit that is the basis of the certification;
(b) The identification of the method(s) or other means used by the owner or operator for determining the compliance status with each term and condition during the certification period, and whether such methods or other means provide continuous or intermittent data. Such methods and other means shall include, at a minimum, the methods and means required under Rule 26.701(C). If necessary, the owner or operator also shall identify any other material information that must be included in the certification to comply with section 113(c)(2) of the Act, which prohibits knowingly making a false certification or omitting material information;
(c) The status of compliance with the terms and conditions of the permit for the period covered by the certification, based on the method or means designated in Rule 26.703(E)(3)(b). The certification shall identify each deviation and take it into account in the compliance certification. The certification shall also identify as possible exceptions to compliance any periods during which compliance is required and in which an excursion or exceedance occurred; and
(d) Such other facts as the Division may require to determine the compliance status of the source.
(4) A requirement that all compliance certifications be submitted to the Administrator as well as to the Division.
(F) Such other provisions as the Division may require.

Credits

Amended July 29, 2012; Dec. 8, 2012; March 14, 2016; Dec. 25, 2021.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 118.01.26.703, AR ADC 118.01.26.703
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