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Quick Links
FAQs
Accessing Information
- Q. 1. Where can I access information concerning air permit
applications and/or permits?
- A.
Access to a list of air permit applications,
permitted facilities, and some permits
may be obtained by following these links on our Website.
- Q. 2. Where can I obtain a copy of the Air Division’s Permits?
- A.
Electronic copies of most of the Division’s permits may be downloaded from
the ADEQ web site. All the permit files are in Adobe Acrobat format.
- To retrieve a permit on the Permitted
Facility Data search screen, you must type the information in one of
the options available, then click the "Search" button.
- After the list of facility names appear, click the AFIN of choice.
- To the right of the screen under the heading “Active Permit,” links
to the current permit and the statement of basis will be listed if available
online. Click on a selection.
- Scroll or print.
- Close the pop-up window to return to the application screen.
- Q. 3. Is there a list of draft permits?
- A.
Yes. A list of draft permits is updated daily and can be found on the ADEQ
Web site on the Draft Permits Listing page.
- Q. 4. Where can I obtain a copy of the Department’s air
regulations?
- A.
Electronic copies of all ADEQ air regulations, Regulations 18, 19, and 26,
are available for downloading on the ADEQ Website
Regulations Page. They are available
in PDF File format.
- Q. 5. How do I get emission data (for modeling or other
purposes)?
- A.
The Air Division maintains a database of emissions in the state from permitted
stationary sources. This database is the current allowable emissions, along
with some stack parameters and other information. To access this database, follow
the links to the Air – Permitted Facility Emissions and Stack Data (ISTEPS Database).
The actual permits for facilities, available online, also have all current emission
data, but lack any stack information.
The Air Division does not maintain an
inventory of increment consuming sources.
For emission/stack information beyond
these two sources, you will need to consult the actual permit application files.
Please contact the Central Records Division of the ADEQ.
Air Permit Applicability
- Q. 6. Does my facility need a Reg. 18.315 Registration or an Air Permit?
- A. Do I need a Minor Source registration?
You must
submit a Regulation 18.315 Registration if your emissions are:
- 40 tons per year or more but less than 75 tons per year of carbon monoxide;
- 25 tons per year or more but less than 40 tons per year of nitrogen oxides;
- 25 tons per year or more but less than 40 tons per year of sulfur dioxide;
- 25 tons per year or more but less than 40 tons per year of volatile organic compounds;
- 15 tons per year or more but less than 25 tons per year of particulate matter;
- 10 tons per year or more but less than 15 tons per year of PM10;
- 1.0 ton per year or more but less than 2 tons per year of any single hazardous air pollutant;
or
- 3.0 tons per year or more but less than 5 tons per year of a combination of hazardous air pollutants
Do I need a Minor Source Air Permit?
You must obtain a minor source permit if your actual emissions are:
- 75 tons per year or more but less than 100 tons per year of carbon monoxide;
- 40 tons per year or more but less than 100 tons per year of nitrogen oxides;
- 40 tons per year or more but less than 100 tons per year of sulfur dioxide;
- 40 tons per year or more but less than 100 tons per year of volatile organic compounds;
- 25 tons per year or more of particulate matter;
- 15 tons per year or more but less than 100 tons per year of PM10;
- 0.5 tons per year or more but less than 10 tons per year of lead;
- 2.0 ton per year or more but less than 10 tons per year of any single hazardous air pollutant;
- 5.0 tons per year or more but less than 25 tons per year of any combination of hazardous air pollutants; or
- 25 tons per year or more of any other air contaminant
You must obtain a minor source permit if your facility is one of the following:
- Medical waste incinerators;
- Rendering plants;
- Pathological waste incinerators, including crematories;
- Chemical process plants;
- Hazardous waste treatment storage or disposal facilities;
- Sour gas process plants;
- Lead acid battery recycling facilities;
- Charcoal plants; or
- The Director determines a permit is needed to protect the public health and welfare or to assist in the abatement or control of air pollution.
You must obtain a minor source permit if your facility is subject to a regulation
under 40 CFR Part 60, Part 61, or Part 63 as of June 27, 2008, except for:
- 40 CFR Part 60, Subpart AAA (Wood Stoves);
- 40 CFR Part 60, Subpart JJJ (Petroleum Dry Cleaners);
- 40 CFR Part 63, Subpart M (Perchloroethylene Dry Cleaners);
- 40 CFR Part 63, Subpart Q (Industrial Cooling Towers);
- Sources subject to 40 CFR Part 60, Subpart Dc (Steam Generating Units) which only burn gas;.
- 40 CFR Part 63, Subpart ZZZZ (Stationary Reciprocating Internal Combustion Engines) for non-Part 70 sources (minor sources);
- 40 CFR Part 63, Subpart WWWWW (Hospital Ethylene Oxide Sterilizers);
- 40 CFR Part 63, Subpart CCCCCC (Gasoline Dispensing Facilities);
- 40 CFR Part 60, Subpart IIII (Stationary Compression Ignition Internal Combustion Engines) for engines with a displacement of less than 30 liters per cylinder;
- 40 CFR Part 60, Subpart JJJJ (Stationary Spark Ignition Internal Combustion Engines); and
- 40 CFR Part 63, Subpart HHHHHH (Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources).
Do I need a Title V Air Permit?
You must obtain a Title V permit if your emissions are:
- 100 tons per year or more of carbon monoxide;
- 100 tons per year or more of nitrogen oxides;
- 100 tons per year or more of sulfur dioxide;
- 100 tons per year or more of volatile organic compounds;
- 100 tons per year or more of PM10;
- 10 tons per year or more of lead;
- 10 ton per year or more of any single hazardous air pollutant; or
- 25 tons per year or more of any combination of hazardous air pollutants
You must obtain a Title V permit if you are subject to any federal regulation that requires you to obtain a Title V permit.
- Q. 7. What type of permit do I need?
- A.
The total emissions from a facility in a year determine the type of permit needed. Facilities with emissions totaling 10 tons per year or more of any single hazardous air pollutant (HAP), 25 tons per year or more of any combination HAP or 100 tons per year of any regulated air pollutant are major sources requiring a Title V permit under
Regulation
No. 26. All other facilities with emission rates greater than the rates listed in FAQ #6 require a minor source permit under
Regulation No. 18
or
Regulation No. 19.
- Q. 8. What is a general operating permit and what can I do to convert a minor source to a general permit?
- A.
General Permits are a permitting option which is available for certain categories
of minor facilities such as asphalt plants, rock crushers, and cotton gins.
The preparation of the NOI (application) and its processing are much simpler
for General Permits. An additional advantage is that the initial and annual
fees are $200.
- Q. 9. Can I operate without a permit?
- A.
If you are required to have a permit and are operating equipment without a permit, you may be subject to
legal action. You should contact the Air Division’s Compliance Monitoring Branch and you must submit an application and
all information required for permit evaluation.
Application Process
- Q. 10. What documents do I initially submit to begin the process?
- A.
The documents for new, renewals and major modifications of permits are listed
below. (Further explanations are outlined in the
applicable instructions, available on the Permit Applications Forms & Instructions page of our Website.)
New Permits and Title V Renewals
- General Information Forms
- An Area Map/USGS Map
- Plot Plan with equipment and stack locations
- Process Description
- Process Flow Diagram
- The Emission Rate Tables
- The Emission Data Calculations
- Equipment Specifications
- Environmental Disclosure
For Minor Modifications (major sources only)
- General forms
- It is very important that the application contains the request for a minor modification
- The application must specifically describe the change, quantification
of the emissions resulting from the change and proposed permit conditions
for compliance demonstration. No netting of emissions reductions and increases
is allowed when evaluating minor modification status.
- The permittee must include draft permit conditions for the change.
For DeMinimis (minor sources only)
- General forms.
- It is very important that the application contains the request for a DeMinimis.
- The application must specifically describe the change, quantification
of the emissions resulting from the change and proposed permit conditions
for compliance demonstration.
Administrative Amendments (all sources)
- To request an administrative change, the permittee should write a letter
to the Air Division identifying the change.
- Include the AFIN and permit numbers. Both can be found on your existing
permit.
- If you seek to decrease emissions or add to the insignificant activities
list, emissions calculations may be necessary documentation to include in
your administrative amendment request.
- Q. 11. Can I submit confidential information in the permit?
- A.
The permit applicant can hold some information as confidential if the applicant follows the procedures for submitting confidential information in §18.1402 of
Regulation No. 18,
§19.413 of
Regulation No.
19 and §26.408 of
Regulation No. 26.
- Q. 12. Where can I find emission factors?
- A.
Emission factors may be found from a number of sources. The US Environmental
Protection Agency maintains an extensive emission factor database, known as
the AP-42 emission factors. This database can be accessed at:
http://www.epa.gov/ttn/chief/ap42/index.html
Other potential sources of emission factors are data from previous stack
emission tests performed for a particular source, or information provided by
an equipment manufacturer. Most emission control device vendors have access
to emission factors for the products that they sell.
- Q. 13. Are there instructions to assist in completing an air permit application?
- A.
Instructions are located with the minor source or Title V air application forms which are available on
the Permit Applications Forms & Instructions page of our website.
- Q. 14. Where do I send the application?
- A.
Send the application to:
| Arkansas Department of Environmental Quality |
| Attention: Air Division |
| 5301 Northshore Drive |
| North Little Rock, AR 72118 |
- Q. 15. What happens when an application is submitted?
- A.
The air permit application goes through two processes of review, the administrative
review and the technical review.
The administrative review determines that the permit application contains
all required attachments and signatures. An applicant will be notified of what
information is necessary for submission before a final decision can be reached
on the application. If information missing is small, such as the plot plan is
reduced too small, then a request is made by telephone to submit a clearer document
and then the application is determined complete. However, if the application
contains only a minimal amount of information, then a letter is mailed to the
applicant describing the deficiencies.
If it is a new application, a renewal, or a major modification and has been
determined complete, a public notice, with instructions for publication, is
mailed to the applicant. This notice simply informs the public that the facility
has submitted a permit application.
The technical review begins when an engineer is assigned the application
to perform a detailed technical review of the permit application. If the application
is lacking additional information to further review the application, the engineer
will mail a letter to the applicant describing the deficiencies. When all information
has been received and the engineer is satisfied, a draft permit is prepared.
- Q. 16. How long does it take to get a permit?
- A.
- Draft Permit - The Air Division’s goal is to issue a draft permit for minor sources within ninety days and issue a draft Title V permit within 180 days.
- Minor Modification - The approval for minor modification is given within 15 days receipt of application.
- De Minimis - The approval for a de minimis modification is given within 30 days of receipt of application.
- Q. 17. What can I do to expedite the permit application review process?
- A.
A common cause for delay in the permit application review process is incomplete
or missing forms and additional information (not requested in the application
forms) necessary for permit evaluation. The following briefly identifies things
you can do to expedite the permit application review process:
- Be clear with your requested change.
- Make sure all requested information is provided and all of the required
application pages are submitted.
- Don't forget to sign and date the signature pages of the application
and submit the originals.
- Include any necessary information such as emission calculations, Material
Safety Data Sheets (MSDS), modeling reports, stack test data, etc.
- Give prompt feedback if your assigned engineer has requested additional
information.
- Include a suggested draft permit.
- Periodically call your assigned engineer and inquire about the status
of your application.
- Q. 18. What’s in a permit?
- A.
Air quality permits are legally binding documents that include enforceable
conditions with which the source owner/operator must comply. Some permit conditions
are general to all types of emission units and some permit conditions are specific
to the source. Overall, the permit conditions establish limits on the types
and amounts of air pollution allowed, operating requirements for pollution control
devices or pollution prevention activities, and monitoring and record keeping
requirements.
- Q. 19. Are any fees required for obtaining a permit?
- A.
Yes, the maximum emission rate determines the fee. The fee calculation is
the tons per year emission rate times a ton per year fee factor.
Regulation No. 9
contains the fee schedule. The applicant must pay all fees before the Department
will issue a permit.
- Q. 20. How are fees calculated?
- A.
Fees are calculated in accordance with Chapter 5 of
Regulation No. 9.
- Q. 21. What are the public notices?
- A.
The Act 163 Public Notice This public notice concerns notification
to the public that a facility has submitted an air permit application to
modify its permit. This notice is sent to the facility, with instructions
on publication and payment. The notice is printed for one day and the public
is afforded the opportunity to submit comments on the submittal.
Draft Permit Public Notice
This notice informs the public that a
draft permit has been prepared for the facility and is available for public
review and comment. A copy of this notice is mailed to the facility and
is sent directly to the state and local newspapers with a request to publish
and instructions on payment. The latest date of publication, either the
state newspaper publication date or the local newspaper publication date,
begins the 30 day comment period.
- Q. 22. How can the public participate in this process?
- A.
Local newspapers publish public notice of proposed permitting actions. The
public will have at least thirty days to review the permit and make written
comments about the permit conditions. Local libraries and the Arkansas Department
of Environmental Quality in Little Rock contain the current applications and
permits for review by the public.
- Q. 23. Will I have a chance to comment on a permit before
the permit becomes final?
- A.
All modifications, Title V renewals, and initial permits have a public comment
period of at least thirty days. The permittee and the public have a chance to
comment on the conditions contained in the permit. The Air Division will respond
to any comments made about the permit when the Air Division issues the permit.
All commenters and the Permittee have thirty days after the final issuance of
the permit to appeal the permit to the Arkansas Department of Pollution Control
Commission.
Regulation No.
8 contains the procedures for public notice
and appeal of permits.
Other Questions
- Q. 24. How long will my permit last?
- A.
Air permits for minor sources do not expire. Title V permits are for a
term of five years. The permittee must submit a complete renewal application
at least 6 months before the Title V permit expiration date.
- Q. 25. Can I change a permit after the permit is effective?
- A.
The permittee can request changes to the permit through a permit modification.
The type of modification depends on the type of modification and the amount
of increase of the emission of the pollutants. See
Regulation No. 18,
Regulation No. 19,
or Regulation No. 26
for additional information about modifications.
- Q. 26. What happens if a source violates its permit?
- A.
A source that violates one or more enforceable permit condition(s) is subject
to an enforcement action including, but not limited to, penalties and corrective
action. The Arkansas Department of Environmental Quality or in some cases, citizens
may initiate an enforcement action.
- Q. 27. What if I need an interpretation of a particular regulatory requirement?
- A.
Contact:
- Q. 28. What is considered an air contaminant?
- A.
Anything other than water vapor, oxygen, nitrogen, carbon dioxide, hydrogen,
and inert gases.
- Q. 29. What is a VOC?
- A.
A Volatile Organic Compound (VOC) is a compound which contains carbon and
participates in atmospheric photochemical reactions, such as gasoline, paint
thinners, non-water based coatings.
- Q. 30. Is there a list of VOCs?
- A.
In the definition section of
Regulation 19,
there is a listing of volatile carbon containing compounds which are not reactive
in the atmosphere, freons, acetone, etc., and therefore not regulated. The degree
of control of emissions of VOCs is dependent upon the toxicity and volatility
of each compound.
- Q. 31. What is a HAP?
- A.
A HAP is a hazardous air pollutant as identified under §112 of the Clean
Air Act, as amended, 42 U.S.C. §§ 7401 et seq.
- Q. 32. Is there a list of HAPs?
- A.
In the General Information Supplement at
http://www.adeq.state.ar.us/air/branch_permits/pdfs/general_information_supplement.pdf, there is a list of Hazardous Air Pollutants.
- Q. 33. What is non-criteria strategy?
- A.
The ADEQ non-criteria pollutant strategy is a tool used by the Department
for the evaluation of Hazardous Air Pollutant (HAP) and non-criteria pollutant
emissions. It is important to note that the Strategy is not a regulation, but
rather a screening methodology used by the Department to determine if the emission
of air contaminants from the facility may occur in quantities sufficient to
constitute air pollution as defined by the Arkansas Air Pollution Control Code
(ADEQ Regulation 18). In practice, the Strategy will begin a regulatory exercise
to determine whether additional information concerning proposed non-criteria
air emissions from a facility is necessary.
The first two steps of the Strategy are known as the presumptively acceptable
emission rate (PAER) and the presumptively acceptable impact level (PAIL). The
initial screening of non-criteria emissions is performed by calculating the
PAER for each pollutant. If the emissions fail to pass the PAER, then an emission
model is developed using the newest version of the Industrial Source Complex-Short
Term air quality model approved by the US EPA. If this modeling indicates potential
off-site impacts at levels greater than the PAIL for one or more non-criteria
pollutants, then the facility may take any combination of the following measures:
- Use refined modeling to predict lower concentrations
- Revise emission rate estimates
- Use alternative risk assessments to develop site specific presumptively acceptable impact levels
- Propose additional control of emissions of the contaminants of concern
- Propose alternative operating scenarios that result in lower modeled concentrations
- Install ambient air monitors at appropriate locations
- Accept emission limitations in a permit that result in lower modeled concentrations.
The full text of the Strategy, including a more detailed description of the
determination of PAER and PAIL, can be found by viewing
Non-Criteria Strategy.
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