8 CAR § 40-210. General permits

(a) General authority. (1) The Division of Environmental Quality may, after notice and opportunity for public participation provided under this subpart, issue a general permit covering numerous similar sources. (2) Any general permit shall: (A) Comply with all requirements applicable to other permits; and (B) Identify criteria by which sources may qualify for the general permit. (3) To sources that qualify, the division shall grant the conditions and terms of the general permit. (4) The source shall be subject to enforcement action for operation without a permit if the source is later determined not to qualify for the conditions and terms of the general permit. (b) Application. (1) Sources that would qualify for a general permit must apply to the division for coverage under the terms of the general permit or must apply for a permit consistent with this subpart. (2) The division may grant a source's request for authorization to operate under a general permit, but such a grant shall not be a final permit action for purposes of judicial review. (3) The division will give notice of all applications for general permits pursuant to Arkansas Code § 8-4-203(d).