8 CAR § 41-316. Permit flexibility

(a)(1) The Division of Environmental Quality may grant an extension to any testing, compliance, or other date in the permit. (2) No extensions shall be authorized until the permittee of the stationary source receives written approval from the division. (3) The division may grant such a request, at its discretion, in the following circumstances: (A) The permittee of the stationary source makes such a request in writing at least fifteen (15) days in advance of the deadline specified in the stationary source’s permit; (B) The extension does not violate a federal requirement; (C) The permittee of the stationary source demonstrates the need for the extension; and (D) The permittee of the stationary source documents that all reasonable measures have been taken to meet the current deadline and documents reasons the current deadline cannot be met. (b)(1) The division may grant a request to allow temporary emissions and/or testing that would otherwise exceed a permitted emission rate, throughput requirement, or other limit in a stationary source’s permit. (2) No such activities shall be authorized until the permittee of the stationary source receives written approval from the division. (3) The division may grant such a request, at its discretion, in the following circumstances: (A) The permittee of the stationary source makes such a request in writing at least thirty (30) days in advance of the date that temporary emissions and/or testing would otherwise exceed a permitted emission rate, throughput requirement, or other limit in a stationary source’s permit; (B) Such a request does not violate a federal requirement; (C) Such a request is temporary in nature; (D) Such a request will not result in a condition of air pollution as defined in 8 CAR § 40-105 of the Arkansas Air Pollution Code, 8 CAR pt. 40; (E) The request contains such information necessary for the division to evaluate the request, including without limitation, quantification of such emissions and the date and time such emission will occur; (F) Such a request will result in increased emissions less than five (5) tons of any individual criteria pollutant, one (1) ton of any single hazardous air pollutant, and two and one-half (2.5) tons of total hazardous air pollutants; and (G) The permittee of the stationary source maintains records of the dates and results of such temporary emissions and/or testing. (c)(1) The division may grant a request to allow an alternative to the monitoring specified in a stationary source’s permit. (2) No such activities shall be authorized until the permittee of the stationary source receives written approval from the division. (3) The division may grant such a request, at its discretion, in the following circumstances: (A) The permittee operator of the stationary source makes such a request in writing at least thirty (30) days in advance of the first date that the monitoring alternative will be used; (B) Such a request does not violate a federal requirement; (C) The monitoring alternative provides an equivalent or greater degree of actual monitoring to the requirements in the stationary source’s permit; and (D) Any such request for an alternative monitoring method, if approved by the division, is incorporated into the next permit modification application by the permittee of the stationary source.