Frequently Asked Questions (FAQs)
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Electronic copies of most of Air Quality’s permits may be downloaded from the ADEQ website. All the permit files are in Adobe Acrobat format and can be accessed on the ADEQ Facility and Permit Summary (PDS) search page. Use the search criteria and select the entry for the “Active” air permit to obtain the current permit for the facility.
Electronic copies of all ADEQ air regulations (18, 19, and 26) are available for downloading on the ADEQ website Regulations Page. They are available in PDF File format.
Arkansas regulates anything other than water vapor, oxygen, nitrogen, carbon dioxide (though it is regulated as a constituent of the Greenhouse Gasses in the list below), hydrogen, and inert gases.
The following are regulated:
- 187 or so hazardous air pollutants (HAPs) as defined by EPA.
- The six criteria pollutants, as required by the Clean Air Act: particulate matter, carbon monoxide, sulfur dioxide, nitrogen dioxide, ozone and lead.
- Volatile organic compounds (VOCs).
- Greenhouse gasses (GHG) for larger sources.
- Other contaminants that can cause air pollution.
A Volatile Organic Compound (VOC) is a compound that contains carbon and participates in atmospheric photochemical reactions. If the compound contains carbon and is emitted into the air, it is by default considered a VOC unless it is on the exception list found in the definition in Regulation 19. A VOC can be almost any solvent, such as gasoline, paint thinners, non-water based coatings, cleaners, etc.
There is no list of VOCs.
You need a Regulation 18.315 registration if your total facility actual emissions are one of the following:
- 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 ton per year or more but less than 2 tons per year of any single hazardous air pollutant
- 3 tons per year or more but less than 5 tons per year of a combination of hazardous air pollutants
You need a minor source air permit if your total facility actual emissions are one of the following:
- 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
- 10 tons per year or more of direct PM2.5 but less than 100 tons per year of direct PM2.5
- 0.5 tons per year or more but less than 10 tons per year of lead
- 2 tons per year or more but less than 10 tons per year of any single hazardous air pollutant
- 5 tons per year or more but less than 25 tons per year of any combination of hazardous air pollutants
- 25 tons per year or more of any other air contaminant
You must obtain a minor source air permit, regardless of emission rates, if your facility is in one of the following categories:
- 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
- Any facility for which ADEQ’s director determines an air permit is required 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, regardless of emission rates, 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 that burn only 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)
- 40 CFR Part 63, Subpart HHHHHH (Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources)
You must obtain a Title V permit if your total facility emissions are one of the following:
- 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
- 100 tons per year or more of PM2.5
- 10 tons per year or more of lead
- 10 tons per year or more of any single hazardous air pollutant
- 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 specifically requires the facility to obtain a Title V permit.
General air permits are a permitting option that is available for certain categories of minor facilities such as compressor stations, asphalt plants, rock crushers, cotton gins, crematories, air curtain incinerators, and small bulk plants. The preparation of the Notice of Intent (NOI) and its processing are much simpler for general permits. An additional advantage is that the initial and annual fees are only $200. You will need to complete and submit the appropriate NOI form to obtain a general permit.
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 Office of Air Quality’s Compliance Monitoring Branch, and you must submit an application and all information required for permit evaluation.
There are variances and interim authority that may allow temporary operation before a permit is issued. You should submit any such request to the department in accordance with the requirements of Ark. Code Ann. § 8-4-230.
There is no general exemption for replacement of equipment.
You should send the Air Permits Branch a letter or email with your AFIN and permit number, describing what you plan to install, what it is replacing, and where to find the existing equipment in your current permit. Like-for-like replacement is not easily defined, so it’s difficult to make general statements about exactly what would qualify. Also, some state or federal regulations may be triggered by the date of construction, reconstruction, manufacture, or modification of a piece of equipment, even one of the same kind as what was previously installed at a given facility. Because of this, it’s not possible for the department to give a general authorization for this kind of activity without reviewing it case by case.
Permit conditions and regulations allow for some temporary emission, testing, or alternative monitoring if a request is submitted and approved in advance. A request must contain the information listed in the general conditions of the permit and/or the regulation section on permit flexibility.
Air permits contain requirements for all emitting sources at the facility.
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.
You need to apply for an air permit before you begin construction of the facility that requires a permit or any addition, in the case of an existing facility.
The documents required for new, renewals, and modifications of permits are listed in the checklist provided in the application forms and instructions, available on the Permit Applications Forms & Instructions page of our website. All permit changes require application forms.
Applicants can submit confidential information. The presumption is that all material submitted to the Office of Air Quality is available for public review unless specific procedures are followed to claim confidentiality. The requirements for confidential information are found in APC&EC Regulation 19, Section 19.413 Confidentiality and in Arkansas Code Annotated § 8-4-308, APC&EC Regulation 18, Chapter 14: Public Information and Confidentiality. Applications and other material claiming confidentiality will be returned to the applicant unprocessed if these requirements are not met.
Do not email confidential information.
Instructions are located with the air application forms, which are available on the Permit Applications Forms & Instructions page of our website.
Send the application to:
Arkansas Department of Environmental Quality
Attention: Office of Air Quality
5301 Northshore Drive
North Little Rock, AR 72118-5317
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.
When 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 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 decision is prepared.
Some draft permits require a public notice and comment period. After the comment period, if required, the department will address any issues and make a final permit decision.
The Office of Air Quality’s goal is to issue all permits within 180 days.
- Minor Modification Approval Letters
- The approval for minor modification is given within 15 days receipt of application.
- De Minimis Approval Letters
- The approval for a de minimis modification is given within 30 days of receipt of application.
- By regulation, “a facility may construct, operate, or modify a source subject to registration under this section immediately upon submittal of the registration.” The facility may choose to await the ADEQ concurrence letter (usually issued within 30 days) in case any issue should arise over the facility’s eligibility.
- General Permits
- Unless a 10-day public notice is required, general permit authorizations are issued within two weeks of receipt of a Notice of Intent.
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.
Yes, the permitted emission rate determines the fee. The fee calculation is the tons per year emission rate times a ton per year fee factor. Regulation 9 contains the fee schedule. The applicant must pay all fees before ADEQ will issue a permit.
General permits and registrations are a fixed fee of $200.
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. ADEQ sends a copy of this notice to the facility; ADEQ also sends copies of the notice to state and local newspapers with instructions for publication and sends a copy of this communication to the facility. The latest date of publication, either the state newspaper publication date or the local newspaper publication date, begins the 30-day comment period.
Local newspapers publish public notices of proposed permitting actions. The public will have at least thirty days to review the permit and make written comments about the draft permit decision. The public can review current applications and permits at ADEQ headquarters in North Little Rock and the public library nearest the facility.
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 Office of Air Quality will respond to any comments made about the permit when the Office of Air Quality issues the permit. All commenters and the permittee have 30 days after the final issuance of the permit to appeal the permit to the Arkansas Department of Pollution Control Commission. Regulation 8 contains the procedures for public notice and appeal of permits.
A Responsible Official (RO) is a person of authority at the facility who certifies permit applications and other documents. Not everyone qualifies as an RO; an RO is defined in the regulations and on application forms.
Most reports and any permit application forms must be submitted or certified by an RO.
Air permits for minor sources do not expire. Generally, the permit will remain valid if the equipment and operations do not change and the facility is current on any fees.
Title V permits are for a term of five years. The permittee must submit a complete renewal application at least six months before the Title V permit expiration date.
General air permits are for a term of five years. A facility must apply for a renewed permit before the old permit expires. Notices are sent to facilities when renewal is necessary. ADEQ may choose to renew the permit or not. If the permit is not renewed, the facility will need to obtain a standard minor or Title V permit to continue operations.
The Office of Air Quality collects emissions and stack parameter data from certain permitted stationary sources in the state in the form of an emission inventory report. Specific facility inventory data can be requested by contacting the SLEIS contacts listed on the Office of Air Quality Policy & Planning Branch webpage.
The actual permits for facilities, available online, have permitted emission data but lack any stack information.
The Office of Air Quality 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 Records Management Section of ADEQ.
Emission factors may be found from a number of sources. The US Environmental Protection Agency maintains an extensive emission factor database, known as AP-42 emission factors.
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.
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 18, Regulation 19, or Regulation 26 for additional information about modifications.
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. ADEQ or, in some cases, citizens may initiate an enforcement action.
Contact the Air Permits Branch at 501 682-0730 or firstname.lastname@example.org.
The ADEQ non-criteria pollutant strategy is a tool for the evaluation of hazardous air pollutant (HAP) and other non-criteria pollutant emissions. It is important to note that the strategy is not a regulation but rather a screening methodology used 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 U.S. 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.
Air inspectors try to respond to complaints as quickly as possible. However, they also have many additional duties. With this in mind, it is Office of Air Quality policy that any complaint that is received must be investigated within 10 business days of receipt. If you identified yourself or left your phone number when you filed the complaint, the inspector will contact you with the results of the investigation as soon as it is completed. If you filed an anonymous complaint, there is no information retained allowing us to call you back.
The Office of Air Quality honors requests to remain anonymous. If you want to remain anonymous, do not provide information that would reveal your identity. If you choose to file an anonymous complaint, the Office of Air Quality will not contact you, and you will not receive a report of the results of the investigation unless you call back and ask for one. You should wait at least 15 business days before doing so. The Office of Air Quality promotes the filing of a complaint online by going to the following page on our website: Office of Air Quality On-Line Complaint Form.
Some of the common reasons for complaints are noise, bright light, odor, and dust. ADEQ has no authority to regulate noise or lighting. We may be able to help with odor, but agricultural activities are exempt from regulations administered by the Office of Air Quality. We may also be able to help with dust if caused by industrial activity.
Your local inspectors do not spend a great deal of time in the office. Their job requires travel throughout their district to fulfill all their duties. However, they do check their messages regularly, and if you will leave a message stating your concerns and contact information, they will contact you. If you feel you need to talk to someone immediately, you can contact the Little Rock Office at 501-682-0744 and ask for the Air Compliance Monitoring Branch.
No. If you have questions or concerns about the regulation of Freon, contact EPA Region 6 or file a complaint on the EPA website (www.epa.gov).
You can see a list of air enforcement actions and read individual settlement agreements by going to the following page on our website: CAO Tracking On-Line Searchable Database.
We recognize the difficulties associated with operating a small business in today’s world of ever-changing complex regulations. ADEQ’s Business Assistance Program may be able to provide help.
Almost always, the answer is no. In fact, it is easier to list the things that can be burned rather than the things that can’t. Burning associated with land clearing activities is okay, as long as the burning takes place where the material was cleared. Burning associated with recreational activities (bonfires, campfires) or ceremonial activities is allowed. You can burn your yard waste, but this is discouraged. Yard waste is defined by law as grass clippings, leaves and shrub clippings collected from residential property. One very important thing to remember is that you can’t legally burn your household trash. For more information see the next question on burning yard waste.
Yard waste is defined by law as grass clippings, leaves, and shrubbery trimmings collected from residential property. This does not include household waste.
Open burning of yard waste is strongly discouraged but permissible. Act 1151 of 1997 strongly discourages open burning of yard waste and encourages residents to recycle this waste. Open burning of yard waste is allowed but can be limited.
Local authorities, such as the city council or county officials, can place local restrictions on open burning. Local authorities may also set up a permit procedure that requires residents to get a permit from the county courthouse or city hall or the fire department before burning yard waste. Also, several state and federal agencies can issue burn bans that stop burning because of weather conditions or potential hazards.
There are other reasons burning can be stopped. As outlined in the new law, open burning can be prohibited in a particular area of the state or throughout the entire state when:
- It becomes a local nuisance.
- It creates a fire or safety hazard.
- It pollutes the air, and ADEQ believes it will create a situation whereby the National Ambient Air Quality Standards could be exceeded in a given area.
Complaints about air pollution caused by open burning of yard waste should be filed with ADEQ. Nuisance, fire, and safety complaints should be filed with the local fire or police department or sheriff's office.
Complaints about air pollution caused by open burning of yard waste should be filed with ADEQ. Nuisance, fire, and safety complaints should be filed with the local fire or police department or sheriff's office.
Local or state officials can take steps to ensure a fire is extinguished and possibly issue a ticket or a fine if they find that open burning of yard waste is one or more of the following:
- A persistent offense to neighbors
- A fire hazard to surrounding property
- A safety hazard
Maybe. Ark. Code Ann. § 14-16-117 might allow for burning a structure if you obtain certain local approvals and meet conditions. Otherwise, such burning is prohibited. The requirements are:
- The property owner applies to the quorum court of that county and fire department that is responsible for providing fire protection for the property for approval to conduct the controlled burn;
- The application to the quorum court is approved by the court and fire department; and
- Before approval of the application, the property owner demonstrates to the court and fire department that:
A. The property owner has complied with all applicable state and federal regulations regarding asbestos abatement;
B. The property owner ensures that the residence or structure is free of asbestos containing materials, is free of contents, and otherwise demonstrates compliance with applicable state and federal environmental laws and regulations regarding hazardous wastes; and
C) Provisions are made for proper disposal of any remaining debris.
Ground-level ozone is the main ingredient in smog. When the temperature heats up in the summer sun, pollutants in the air react and produce ozone smog. Air pollutants can come from cars, trucks, buses and industrial smoke stacks. Those are the obvious culprits. But they can also come from gas stations, outboard motors, oil-based paints, cleaning solvents, lawn mowers, and farm and construction equipment.
Yes, and that's the confusing part. This invisible gas can be found in both the upper and lower atmospheres. The ozone layer in the upper atmosphere is essential because it filters out harmful ultraviolet radiation from the sun. But at ground level it can cause all sorts of problems. An easy way to remember the difference is this little rhyme: Good up high, bad nearby.
High concentrations of ozone near ground level can be harmful to people, animals, and crops. As it builds up, it becomes toxic, causing shortness of breath, coughing, wheezing, headaches, nausea, and eye and throat irritation. People who suffer from lung diseases like emphysema, pneumonia, asthma, and colds have even more trouble breathing when the air is polluted. And it can be worse in children, the elderly, and those of us who exercise outdoors.
Yes! Even the smallest actions taken by individuals can add up to a big difference. Every summer day in the Little Rock metro area, gasoline-powered lawn and garden equipment releases more pollutants into the air than a typical large industrial plant. By not mowing your lawn on critical Ozone Action Days, you and your neighbors can really make an impact.
Children like to play outside, and on steamy summer afternoons this could spell danger. Their lungs are still developing, and they breathe more rapidly and inhale more air pollution per pound than adults. On days when ozone levels are high, these factors put children at increased risk for respiratory problems.
An adult breathes about 20,000 times each day. During exercise or strenuous work, we breathe more often and draw air more deeply into our lungs. When we exercise heavily, we may increase our intake of air by as much as 10 times our level at rest. When ozone levels are high, exercising outdoors greatly increases the chances that we will suffer the symptoms of ozone exposure.
During summer months, meteorologists forecast a day ahead weather conditions that will be conducive to ozone formation. A notice is sent to newspapers and television and radio stations, which get the word out to you. So keep your eyes and ears open during ozone season. Not everyone is sensitive to ground-level ozone. You are the best judge of whether you notice any of the symptoms described in the answer to question 48. If you do, try to stay indoors, especially in the late afternoon. And keep an eye on your children and other folks, like the elderly, who are sensitive. If they show symptoms, they should stay inside. Symptoms usually disappear within a few hours.
- Limit driving. Share a ride, carpool, walk, or ride the bus.
- Combine errands.
- Keep your car well tuned. Avoid jackrabbit starts and excessive idling.
- Stay indoors as much as possible.
- Don't do lawn and gardening chores that use gasoline powered equipment.
- Don't use oil-based paints and solvents.
- Don't use products that release fumes or evaporate easily. If it smells strong, it's probably wrong. Things like paint strippers and varnish... even things like fingernail polish remover.
- Don't refuel. If you must, do it after dark and don't fill the tank completely.
- Don't exercise outdoors.
The AQI colors illustrated below can help people to rapidly determine whether air pollutants are reaching unhealthy levels. Today's AQI and tomorrow's ozone forecast will be posted daily on the ADEQ website. These colors will also be displayed when the AQI is reported in the newspaper or on television.
|Levels of Health Concern||Cautionary Statements|
|0 - 50||0.000 - 0.059||Good||No health impacts are expected in this range.
|51 - 100*||0.060 - 0.075||Moderate||Unusually sensitive people should consider limiting prolonged outdoor exertion.
|101 - 150||0.076 - 0.095||Unhealthy for
|Active children and adults, and people with respiratory disease, such as asthma, should limit prolonged outdoor exertion.|
|151 - 200||0.096 - 0.115||Unhealthy||Active children and adults, and
people with respiratory disease, such as asthma, should avoid prolonged
outdoor exertion; everyone else, especially children, should limit prolonged
|201 - 300||0.116 - 0.374||Very Unhealthy||Active children and adults, and
people with respiratory disease, such as asthma, should avoid all outdoor
exertion; everyone else, especially children, should limit outdoor exertion.
|301 - 500||0.375 & above||Hazardous||Everyone should avoid all outdoor exertion.
* Generally, an AQI of 100 for ozone corresponds to an ozone level of 0.075 parts per million (averaged over 8 hours).
Newspapers may use different formats to report the AQI. Here is one example.
SAMPLE... NOT ACTUAL DATA
Unhealthy for Sensitive
Groups. Children and
people with asthma are
the groups most at risk.
It applies to:
- all owners and operators conducting a demolition or renovation activity
- persons conducting inspections and air monitoring
- persons developing management plans and designing/conducting asbestos response actions
- training providers
- those handling the management and disposal of asbestos-containing waste materials
Don’t panic. Usually the best thing is to LEAVE asbestos material that is in good condition ALONE. Generally, material in good condition will not release asbestos fibers. THERE IS NO DANGER unless the fibers are released and inhaled into the lungs. Check material regularly if you suspect it may contain asbestos. Don't touch it, but look for signs of wear or damage such as tears, abrasions, or water damage. Click here for more information about asbestos in your home.
For the most part, the demolition/renovation of residential buildings is exempt from asbestos regulation. However, there are certain conditions that make residential buildings subject to Arkansas Asbestos Abatement Regulation 21. Review ADEQ Asbestos Clarification Memo 2008-01.
Before initiating a nuisance abatement demolition, cities and towns should review, communicate, and notify. Review ADEQ Asbestos Clarification Memo 2008-02.
Communicate with the ADEQ Asbestos Section prior to demolition. Notify the ADEQ Asbestos Section about nuisance demolition activities.
Click here for more information about conducting nuisance abatement demolitions.
The affected facility should be inspected for the presence of asbestos, including category I and category II nonfriable asbestos, PRIOR to the commencement of the demolition, renovation, or response action.
For ANY demolition of a facility or facility component (even if no asbestos is present), the owner or operator shall submit a written Notice of Intent (NOI) to ADEQ by hand delivery, by post-marked U.S. Postal Service, or by a post-marked commercial delivery service at least 10 working days before any demolition activity begins. Such notice must be accompanied by the required fee, which is described in Chapter 22 of Arkansas Asbestos Abatement Regulation 21.
The owner or operator shall submit a written Notice of Intent (NOI) to ADEQ by hand delivery, by post-marked U.S. Postal Service, or by a post-marked commercial delivery service at least 10 working days before any demolition activity begins. Such notice must be accompanied by the required fee which is described in Chapter 22 of the Arkansas Asbestos Abatement Regulation 21.
- For any renovation project, including any nonscheduled renovation operation involving the following amounts of RACM: at least 80 linear meters (260 linear feet) on pipes or at least 15 square meters (160 square feet) on other facility components, or at least one cubic meter (35 cubic feet) where the length could not be measured previously.
- For any renovation project, including any nonscheduled renovation operation involving the following amounts of resilient floor and/or associated mastic covering that contains ACM (even if no RACM is present): at least 15 square meters (160 square feet)
Open burning is not permitted under Regulation 18.602; however, there are some exemptions. These exemptions can be found in Regulation 18.603. In addition, Act 1274 allows a property owner to conduct a controlled burn of a residence or structure on the property owner’s property. Refer to the FAQ 45.
ADEQ Asbestos Section 501-682-0718
An informal enforcement action is reviewed by Enforcement and is provided as a letter detailing violations found of a referenced air permit and/or applicable regulations that at the time do not warrant a formal enforcement action.
You will not be required to do anything other than to correct the violation. In these instances, once you have solved the problem, you are not required to do anything further because you have come back into compliance with state/federal air regulations. The informal enforcement action letter simply becomes part of your compliance record. However, ADEQ reserves the right to address any violations addressed in an informal enforcement action in the future if it is discovered at a later date that the facility is out of compliance for similar violations.
A formal enforcement action, depending upon the circumstances, is provided either as a Consent Administrative Order (CAO) or as a Notice of Violation (NOV). This type of action incorporates an assessment of a civil penalty, corrective actions for violations, and other terms of the agreement into a legally-binding document. Typically, the CAO is the primary response issued in the formal enforcement process for possible violations. When possible violations of state and/or federal regulations are discovered, a CAO is issued.
The NOV is the secondary response issued in the formal enforcement process for possible violations. Both the CAO and NOV will state the area of non-compliance and what needs to be done to return to compliance.
The first priority is to protect the air quality in Arkansas. A review of the circumstances surrounding the formal enforcement action and corrective actions/measures needed to return to an in compliance status should be determined. This information should be submitted in writing to the Enforcement Section. Then the corrective actions/measures should be implemented.
If corrective actions/measures require additional time to implement, please communicate a timeline to the Enforcement Section for the implementation of these actions/measures. In addition, there is some assistance in understanding the regulations and what needs to be done to demonstrate compliance through the Compliance Monitoring Branch, Permits Branch, and Enforcement Section. For small businesses, ADEQ’s Enterprise Services can help provide assistance.
Provide all pertinent information that will help make an appropriate final decision about the violations noted in the formal enforcement action. The Enforcement Section strives to ensure that all enforcement actions are resolved in a manner that is fair, consistent, and reasonable. Cooperation in addressing the violations and in communicating throughout the formal enforcement action process is key to any resolution.
When you receive a proposed CAO, please review the Findings of Fact and Order and Agreement sections for accuracy. If you agree with the proposed CAO, within 30 days sign and return the original embossed CAO to the Enforcement Section for processing. If you disagree with the proposed CAO, contact the enforcement analyst provided on the proposed CAO cover letter within 30 days. Be prepared to provide a response that contains mitigating information and/or documentation that has not already been considered.
When a settlement agreement is reached after the proposed CAO has been received, any necessary and appropriate changes will be made, and the CAO will be re-proposed. Within 15 days, the original embossed CAO should be signed and returned to the Enforcement Section for processing.
If a settlement cannot be reached through a CAO, an NOV will be drafted and issued. Upon issuance of a NOV, any disputes should be submitted, in writing, within 30 days to request a hearing to Secretary of the Arkansas Pollution Control and Ecology Commission. Failure to provide a written request for hearing within 30 days will deem the allegations provided in the NOV proven. Providing a written request within the 30 day timeframe, will entitle you to an adjudicatory hearing pertaining to the allegations and matters provided in the NOV.
Yes. ADEQ’s Uniform Penalty Policy can be reviewed here.
Yes. Information about how to do this is in ADEQ’s Environmental Self-Disclosure Incentive Policy.
A state implementation plan (SIP) is a plan prepared by states and submitted to the U.S. Environmental Protection Agency describing how Clean Air Act (CAA) requirements will be implemented and enforced under state statutes and regulations. These plans are federally enforceable. Under CAA section 110, each state is required to submit a SIP that provides for the implementation, maintenance, and enforcement of a revised primary or secondary national ambient air quality standard (NAAQS). States are also required to develop SIPs to protect visibility per CAA section 169A, prevent significant deterioration of air quality under Part C of the CAA, and re-attain the NAAQS in areas designated as nonattainment under Part D of the CAA. For more information on the Office of Air Quality’s role in SIP development, please visit https://www.adeq.state.ar.us/air/planning/sip/.
A state plan is a plan prepared by states and submitted to the U.S. Environmental Protection Agency describing how the state will implement and enforce standards of performance for existing sources of air pollutants that are not otherwise regulated as criteria pollutants and are not emitted from a source category regulated under Clean Air Act section 112.
A criteria pollutant is a common outdoor pollutant for which acceptable levels of exposure can be determined and for which the U.S. Environmental Protection Agency sets national ambient air quality standards. The current criteria pollutants are ozone, carbon monoxide, lead, sulfur dioxide, nitrogen dioxide, and particulate matter (fine and coarse).
National Ambient Air Quality Standards (NAAQS) are standards set for ambient concentrations of criteria pollutants by the U.S. Environmental Protection Agency to protect public health and welfare. There are two types of NAAQS: primary NAAQS and secondary NAAQS. Primary NAAQS are set to protect public health, including sensitive populations, with an adequate margin of safety. Secondary NAAQS are set to protect the public welfare, including protection against decreased visibility and damage to animals, crops, vegetation, and buildings.
An emissions inventory is an accounting of the amount of pollutants discharged into the atmosphere by one or more sources. The Air Emissions Reporting Requirements require ADEQ to collect certain emissions data from larger point sources (facilities permitted to emit larger amounts of specific pollutants). The information collected in the inventory plays an important role in the development of air policies and planning. Some specific uses include development of rules and regulations, state plan development, and health risk assessment studies.
ADEQ uses the Environmental Protection Agency’s Air Emissions Reporting Requirements (AERR) to determine which facilities are required to submit Emissions Inventory (EI) reports. Facilities included in the inventory are typically those that are permitted to emit 100 Tons Per Year (TPY) or more of the following pollutants: SOx, NOx, VOC, fine particulate matter, or ammonia. Facilities permitted to emit 1000 TPY or more of the pollutant CO are included in the inventory as well. Emissions data is also collected from facilities with lead emissions of 0.5 TPY or greater.