ADEQ 

A R K A N S A S 

Department of Environmental Quality 

December 11,2014 

Tracie Donaldson, Air Permits Section 

U.S. EPA Region 6 

1445 Ross A venue, Suite 1200 

Dallas, TX 75202 

Ms. Donaldson, 

14 DEC 16 PM 6: 03 . 

Thank you for your recent contact with Arkansas Department of Environmental Quality 

regarding review of the Fees portion of the State Implementation Plan (SIP) revision submitted 

to EPA by governor's letter dated August 7, 2012. 

Per our discussion, please include the following definitions from Regulation No.9, Chapter 2, in 

the August 7, 2012 Arkansas SIP revision: 

"Administrative Permit Amendment" means a minor change or permit revision which is not 

typically considered a permit modification, as defined by applicable statutes or regulations, or a 

minor modification which does not require public notice and opportunity for comment. For 

example, typographical corrections or revisions, or other changes initiated by the Department, might 

be considered administrative permit amendments. Some minor changes requested by the permittee 

may also qualify as administrative permit amendments. For purposes of Chapter 5, administrative 

permit amendments are defined in Regulations 18, 19, and 26. The Director, in his discretion, may 

decide whether a revision would be considered an administrative amendment. No fee will be 

charged for administrative permit amendments. 

"Annual Fee" means the fee required to be submitted upon the facility-specific annual invoice date 

for a permit issued pursuant to the Water and Air Pollution Control Act, as amended, or the Solid 

Waste Management Act, as amended. 

"Commission" means the Arkansas P{)llution Control and Ecology Commission .. 

"Department" means the Arkansas Department of Environmental Quality (ADEQ) or its successor. 

"Director'' means the Director of the Arkansas Department of Environmental Quality or his 

designated representative. 

"EPA" means the United States Environmental Protection Agency. 

"Facility" means an activity or operation within a specific geographical location including property 

contiguous thereto. A facility may consist of several manufacturing, treatment, storage, or disposal 

operational units. For purposes of this permit fee regulation, a facility shall be considered to be all 

property, facilities, or operations owned, leased, or operated by a single entity, whether a municipal, 

county, or state government, corporation, partnership, or proprietorship in the same geographical 

area, forming an integral part of the same activity or operation, whether or not such activity lies 

ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 

5301 NORTHSHORE DRIVE I NORTH UTILE ROCK I ARKANSAS 72118-5317 I TELEPHONE 501-682-07 44 I FAX 501-682-0880 

www.adeq.state.ar.us 
within the boundaries of the city or county. For purposes of permit fee assessment only, such 

property, facilities, or operations shall be considered as a single facility if they are regulated by a 

common state or federal permit within each permit category, or in the future such consolidation of 

multiple permits can be realized within the scope of applicable permitting regulations, and the 

facilities or operations are under the supervision of a single plant manager/superintendent. 

"Initial Fee" means the fee which is required by law to be submitted with all applications for permits 

issued pursuant to the Water and Air Pollution Control Act, as amended, and the Solid Waste 

Management Act, as amended, and which must be received by the Department prior to the issuance 

of such a permit. 

"Issue Date" means the date the Department signed the permit. 

"Modification Fee" means that fee required by law to be submitted for modification of any existing 

or future permit required by the Water and Air Pollution Control Act, as amended, or the Solid 

Waste Management Act, as amended, such modification being either at the request of the permittee 

or as required by law or regulation. The fee may vary depending upon whether the permit 

modification or renewal is considered to be a minor or major modification, as defined in applicable 

statutes or regulations, or otherwise determined by the Director. 

"Non-Part 70 Permit" means an air permit that is issued pursuant to a regulation other than Part 70 

of Title 40 of the Code of Federal Regulations (40 CFR Part 70). 

"Part 70 Permit" means an air permit that is issued pursuant to 40 CFR Part 70. 

"Renewal Permit" means a permit issued to a facility upon expiration of an existing permit. A 

modification fee may be assessed, depending upon whether the renewal is considered to be a minor 

or major modification, as defined in applicable statutes or regulations, or otherwise determined by 

the Director. 

Please also include the following Chapters of Regulation No.9 in the same SIP revision: 

Chapter 1 in its entirety; 

Chapter 3 in its entirety; 

Chapter 5 in its entirety; 

Chapter 7 in its entirety; and 

Chapter 9 in its entirety. 

Again, thank you for your time and consideration of this matter. If you have any questions or 

need further information, please do not hesitate to contact me. 

Best Regards, 

Mike 

~~ Bates, 

Air Division Chief 

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