Minor Source Permits
Does my facility need an air permit?
All facilities with emissions of more than the following emissions require an air permit:
40 tons per year or more of carbon monoxide
25 tons per year or more of nitrogen oxides
25 tons per year or more of sulfur dioxide
25 tons per year or more of volatile organic compounds
15 tons per year or more of particulate matter;
10 tons per year or more of PM10;
0.5 tons per year or more of lead;
1.0 tons per year or more of any single hazardous air pollutant (HAP);
3.0 tons per year or more of any combination of HAP; or
25 tons per year or more of any other air contaminant.
Some facilities require a permit regardless of the emission rate.
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
Any source subject to the conditions of 40 CFR Part 60,Part 61, or Part 63 which is not
required to obtain a permit under Regulation No. 26, except for: 40 CFR Part 60, Subpart
AAA (Wood Stoves); 40 CFR Part 60, Subpart JJJ (Petroleum Dry Cleaners); 40 CFR
Part 63, Subpart Q (Industrial Cooling Towers) and sources subject to 40 CFR Part 60,
Subpart Dc (Steam Generating Units) which only burn natural gas.
Any source the Director determines should obtain a permit in order to protect the public
health or to assist in the abatement or control of air pollution.
May also require a Title V permit. (See Title V FAQ)
What does the Permits Division of the Air Division do?
The Air Division drafts and issues air permits for air emission sources in Arkansas. The
EPA authorized the Air Division to issue permits for the Federal air programs required
under the Clean Air Act.
What’s in a permit?
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.
How can the public participate in this process?
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 Central File
Room Permit at Arkansas State Police Plaza, I-30 and Geyer Springs Rd., Little Rock, AR
72209 contain the current applications and permits for review by the public.
What happens if a source violates its permit?
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.
What is a general operating permit and what can I do to convert a minor source to a
general permit?
General Permits are a permitting option that 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. See General Permit FAQ.
What is non-criteria strategy?
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 noncriteria 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 noncriteria 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 (PDF File)
Are any fees required for obtaining a permit?
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 (PDF File) contains the fee
schedule. The applicant must pay all fees before the Department will issue a permit. The
applicant must also pay a yearly fee to maintain the permit.
How are fees calculated?
Fees are calculated in accordance with §8 of Regulation No. 9 (PDF File).
Where can I find emission factors?
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
The US EPA also maintains a compilation of links to other sources of emission factor data.
These links can be found at: http://www.epa.gov/ebtpages/airairquemissionfactor.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.
Do I need an application form to apply for a permit?
Yes, potential applicants may obtain application forms from the following link ADEQ - Air
Division - Permits Branch.
Where do I send the application?
Send the application to the address below:
Arkansas Department of Environmental Quality
Attention: Air Division
Post Office Box 8913
Little Rock, AR 72219-8913
Will I have a chance to comment on a permit before the permit becomes final?
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.
Can I submit confidential information in the permit?
The permit applicant can hold some information as confidential if the applicant follows the
procedures for submitting confidential information in Chapter 14 of Regulation No. 18,
§19.413 of Regulation No. 19 and §26.408 of Regulation No. 26.
How long will my permit last?
Air permits for minor sources do not expire.
Can I change a permit after the permit is effective?
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.
How long does it take to get a 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.