# 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 Avenue, Suite 1200 Dallas, TX 75202
Ms. Donaldson, 

## 14 DEC 

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Thank you for your recent contact with Arkansas Department ofEnvironmental Quality regarding review ofthe Fees portion ofthe State Implementation Plan (SIP) revision submitted to EPAby governor's letter dated August 7, 2012.
Perour discussion, please include the following definitions from RegulationNo.9, Chapter 2, in the August 7, 2012 Arkansas SIP revision:
"Administrative Permit Amendment" means a minor change orpermitrevision which is not typically considered a permit modification, as defined by applicable statutes orregulations, or a minor modification which does not require public notice and opportunity for comment. For example, typographical corrections orrevisions, or otherchanges initiated bythe Department, might beconsidered administrative permit amendments. Some minor changes requested bythe permittee may also qualify as administrative permit amendments. For purposes ofChapter 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, orthe Solid Waste Management Act, as amended. "Commission" means the Arkansas P{)llution Control and Ecology Commission

.. "Department" means the Arkansas Department ofEnvironmental Quality (ADEQ) orits successor. "Director'' means the Director ofthe Arkansas Department ofEnvironmental Quality orhis designated representative. "EPA" means the United States Environmental Protection Agency. "Facility" means an activity oroperation within a specific geographical location including property contiguous thereto. A facility may consist ofseveral manufacturing, treatment, storage, or disposal operational units. Forpurposes ofthis permit fee regulation, a facility shall be considered to be all property, facilities, oroperations owned, leased, oroperated by a single entity, whether a municipal, county, or state government, corporation, partnership, or proprietorshipinthe same geographical area, forming an integral part ofthe same activity or operation, whether ornot such activity lies
ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE I NORTH UTILE ROCK I ARKANSAS 72118-5317 I TELEPHONE 501-682-0744 I FAX 501-682-0880 www.adeq.state.ar.uswithin the boundaries ofthe city or county. Forpurposes ofpermit fee assessment only, such property, facilities, or operations shall be considered as a single facility ifthey 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 ofapplicable permitting regulations, and the facilities oroperations are under the supervision ofa 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 AirPollution Control Act, as amended, and the Solid Waste Management Act, as amended, and which must be received by the Department prior to the issuance ofsuch 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 ofany existing orfuture permit required by the Water and Air Pollution Control Act, as amended, or the Solid Waste Management Act, as amended, such modification being either atthe request ofthe permittee or as required by law orregulation. The fee may vary depending upon whether the permit modification orrenewal is considered to be a minor or major modification, as defined in applicable statutes orregulations, orotherwise determined by the Director. "Non-Part 70 Permit" means an airpermit that is issued pursuant to a regulation otherthan Part 70 ofTitle 40 ofthe Code ofFederal Regulations (40 CFRPart 70). "Part 70 Permit" means an airpermit that is issued pursuantto 40 CFR Part 70. "Renewal Permit" means a permit issued to a facility upon expiration ofan existing permit. A modification fee may be assessed, depending upon whether the renewal is consideredto be a minor ormajor modification, as defined in applicable statutes orregulations, orotherwise determined by the Director.


### Please also include the following Chapters ofRegulation No.9 inthe same SIP revision: Chapter 1inits 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 yourtime and consideration ofthis matter. Ifyou 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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