8 CAR § 41-305. Action on application

(a) Technical review. The Division of Environmental Quality will review the application submitted under this subpart in order to ensure to their reasonable satisfaction that: (1) The stationary source will be constructed or modified to operate without interfering with attainment or maintenance of a national ambient air quality standard; (2) The stationary source will be constructed or modified to operate without violating any applicable regulation adopted by the United States Environmental Protection Agency pursuant to §§ 111, 112, and 114 of the Clean Air Act, as amended; (3) The stationary source will be constructed or modified to operate without resulting in a violation of any applicable provisions of this part; (4) The emission rate calculations are complete and accurate; and (5) If the facility wishes to measure and/or monitor operating parameters rather than actual emissions, the application describes a process that will be used to ensure that the calculations are translated into enforceable limits on operational parameters rather than emissions. (b) Proposed action. (1) If the division initially determines the requirements of subsection (a) of this section are met, they shall prepare a draft permit that: (A) Contains such conditions as are necessary to comply with this part; and (B) Addresses all federally regulated air pollutant emissions and all federally regulated air pollutant emitting equipment at the stationary source except pollutants or equipment specifically exempt. (2)(A) If the division initially determines the requirements of this subpart are not met, they shall prepare a notice of intent to deny. (B) This notice will state the reasons for the division’s denial of the stationary source's submittal. (3) Except as provided in 8 CAR § 41-307, the public shall have an opportunity to comment on the division’s proposed permit decision in accordance with 8 CAR § 41-306. (4)(A) Within ninety (90) days of receipt by the division of an initial permit application, or an application for a major modification that contains such information as required by the division (unless said period is extended by mutual agreement between the division and the applicant), the division shall notify the applicant in writing of its draft permitting decision. (B)(i) If the division fails to take action on the application within the prescribed timeframes, the aggrieved applicant may petition the Arkansas Pollution Control and Ecology Commission for relief from division inaction. (ii) The commission shall either grant or deny the petition within forty-five (45) days of its submittal. (c) Final action. (1) The division shall take final action on a permit application after the close of the public comment period. (2) The division shall notify in writing the owner/operator and any person that submitted a written comment of the division’s final action and the division’s reasons for its final action.