Arkansas/EZFeed Policies

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EZ Feed Policies for Arkansas

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Policy Place Policy Type Active Affected Technologies Implementing Sector Summary
Arkansas Air Pollution Control Code (Arkansas) Arkansas Environmental Regulations
Siting and Permitting
Yes Biomass/Biogas
Coal with CCS
Natural Gas
State/Province The Arkansas Air Pollution Control code is adopted pursuant to Subchapter 2 of the Arkansas Water and Air Pollution Control Act (Arkansas Code Annotated 8-4-101). ) By authority of the same State law, the Commission has also adopted Regulation 19, Regulations of the Arkansas Plan of Implementation for Air Pollution Control (Regulation 19) and Regulation 26, Regulations of the Arkansas Operating Air Permit Program (Regulation 26) which deal exclusively with regulations compelled by federal mandates and which are to some extent federally enforceable. It is the specific intent of Regulation 18 to preclude federal enforceability of Regulation 18 requirements. Regulation 18 permits or permit conditions issued under its authority, or enforcement issues arising from Regulation 18 shall not be deemed to be federally enforceable.

No person shall cause or permit the operation, construction or modification of a stationary source, which actually emits: 75 tons per year or more of carbon monoxide; 40 tons per year or more of nitrogen oxides; 40 tons per year or more of sulfur dioxide; 40 tons per year or more of volatile organic compounds; 25 tons per year or more of particulate matter; 15 tons per year or more of PM100.5 tons per year or more of lead; 2.0 ton per year or more of any single hazardous air pollutant; 5.0 tons per year or more of any combination of hazardous air pollutants; or 25 tons per year or more of any other air contaminant without first obtaining a permit from the Arkansas Department of Environmental Quality (ADEQ). Application of a permit shall be made on such forms and contain such information as the Department may reasonably require, including but not limited to: (1) information on the nature and amounts of air pollutants to be emitted by the stationary source or by associated mobile sources; and (2) such information on the location, design, and operation of stationary source as the Department may reasonably require.

No person shall cause or permit the operation, construction, or modification of a stationary source, whose actual emissions are: 40 tons per year or more but less than 75 tons per year of carbon monoxide; 25 tons per year or more but less than 40 tons per year of nitrogen oxides; 25 tons per year or more but less than 40 tons per year of sulfur dioxide; 25 tons per year or more but less than 40 tons per year of volatile organic compounds; 15 tons per year or more but less than 25 tons per year of particulate matter; 10 tons per year or more but less than 15 tons per year of PM10; 1.0 ton per year or more but less than 2 tons per year of any single hazardous air pollutant; or 3.0 tons per year or more but less than 5 tons per year of an combination of hazardous air pollutants without first having registered the source with the Department. Such registration shall be made on such forms and contain such information as the Department may reasonably require, including but not limited to: ) the name and address of the facility; an estimate of emissions from the facility; and an explanation of how the emissions estimate was determined.

These regulations also list the monitoring, sampling, and reporting requirements which will be no less stringent than the federally mandated requirements.

If there is any shutdown, startup, breakdown, interruption of fuel supply the operator of the permitted facility must report to the Director within 24 hours.
Arkansas Surface Coal Mining Reclamation Act (Arkansas) Arkansas Environmental Regulations
Siting and Permitting
Yes Coal with CCS State/Province The Arkansas Surface Coal Mining Reclamation Act authorizes the state to develop, adopt, issue and amend rules and regulations pertaining to surface coal mining and reclamation operations. These regulations are consistent with, but no more restrictive that the federal regulations set forth in the Surface Mining and Control and Reclamation Act of 1977. The Arkansas Department of Environmental Quality (ADEQ) Surface Mining and Reclamation Division (SMRD) is the authority under this act. Regulation No. 20 from the ADEQ sets performance and reclamation standards.

The surface coal mining permit is active for up to five years. Work cannot begin until all the permitting requirements are met, public notice periods are completed and the permit is issued. Operators must complete reclamation upon expiration of the permit. A bond is posted to cover reclamation costs if an operator fails to reclaim the site to standards set in Regulation No. 20. A fee is assessed on coal mined in the United States and is placed in a trust fund that is used for reclamation of pre-law abandoned mine sites. The federal Mine Safety and Health Administration regulates safety and health issues for coal mine employees.

Under this Act an operator of a coal mine must submit the following application materials: Collateral Bond Agreement, Collateral Bond Form, Surety Bond, Irrevocable Letter of Credit, Coal Mining Application/Permit and, Memo from AR Board for Prof. Geologists on Interpretation and Analysis. In addition all coal mining operators must follow the Revegetation Success Standards outlined by the ADEQ.
Arkansas Underground Injection Control Code (Arkansas) Arkansas Environmental Regulations
Siting and Permitting
Yes Coal with CCS
Natural Gas
Nuclear
State/Province The Arkansas Underground Injection Control Code (UIC code) is adopted pursuant to the provisions of the Arkansas Water and Air Pollution Control Act (Arkansas Code Annotated 8-5-11). It is the purpose of this UIC Code to adopt underground injection control (UIC)

regulations necessary to qualify the State of Arkansas to retain authorization for its Underground Injection Control Program pursuant to the Safe Drinking Water Act of 1974, as amended; 42 USC 300f et seq. In order to retain program authorization, it is necessary for the Arkansas Pollution Control and Ecology Commission to have regulations as stringent as the federal program administered by the United States Environmental Protection Agency. The following regulations are adopted and made part of the UIC code: 40 CFR part 144, 40 CFR part 145, 40 CFR part 12 subpart A, 40 CFR 146 Subparts A, B, D, E, F and G. The Arkansas Oil and Gas Commission (AOGC) has authority over Class II and Class V bromine related wells, and shares enforcement authority with ADEQ of the Class V bromine wells as recognized in the Memorandum of Understanding (MOU) between the Department, the AOGC and the EPA.

No person shall construct, install, alter, modify, or operate any underground injection facility without a permit from the Department or, as to Class II and Class V bromine-related brine disposal wells, from the Arkansas Oil and Gas Commission. No person shall construct, install, or operate a Class IV well. No person shall construct, install, alter, modify or operate any underground injection facility contrary to the terms and conditions of a permit or of any provision of this UIC Code or the Arkansas Water and Air Pollution Control Act, as amended (the Act). Any person who violates any provision of this UIC Code shall be subject to the penalties as provided in the Arkansas Water and Air Pollution Control Act, Ark. Code Ann. § 8-4-103.

This Regulation goes onto to classify wells into 5 categories (I-V) based on their function.
Bond and Loan Program (Arkansas) Arkansas Bond Program
Loan Program
Yes Biomass/Biogas
Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Hydroelectric energy
Hydroelectric (Small)
Natural Gas
Nuclear
Solar Photovoltaics
State/Province The Bond and Loan programs of Arkansas are four programs designed to attract small business development within the state.

The Minority Business Loan Mobilization Revolving Fund is restricted to sustaining the business, economic growth and development of the minority businesses in the state of Arkansas. The proceeds may be used for job creation, expansion, repairs, acquisition of machinery and equipment, inventory purchase, and working capital. To be eligible for the program the Business Owner must be a member of the following minority groups: African American, American Indian, Asian American, Hispanic American, Pacific Islander American, Service Disabled Veteran.

The Capital Access Program makes funds available to borrowers who might otherwise have difficulty in obtaining conventional bank loans. The LLR fund is available on a pooled basis to be applied to any of the lenders Capital Access Program loans.

The Capital Access Program states that a portion of the SSBCI (State Small Business Credit Initiative) allocation has been set aside to provide direct co-investments in Arkansas companies that have received commitments for an institutional venture capital investment from qualified venture capital entities. The source of money for these AIF investments has been borrowed capital from banks. With the advent of the SSBCI funding, ADFA now has an ability to support Arkansas businesses directly with venture capital investments without having to borrow the money.

The Bond Guaranty Program is open to businesses that qualify for taxable and/or tax-exempt financing but do not have the financial strength to access national capital markets. The Arkansas Development Finance Authority acts as a guarantor of the bond issue and this guarantee provides the necessary credit enhancement for the bondholder and takes the place of a Line of Credit or Bond Insurance.
Climate Action Plan (Arkansas) Arkansas Climate Policies Yes Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Hydroelectric energy
Natural Gas
Nuclear
Solar Photovoltaics
Wind energy
State/Province With the signing of Act 696 of the Arkansas 86th General Assembly (HB2460), Governor Mike Beebe established the Governor’s Commission on Global Warming. By design the Commission represents a wide diversity of views and perspectives with members coming from business, industry, environmental groups, and academia. The Governor appoints seventeen of the twenty-one members of the Commission and two members each are appointed by the President Pro Tempore of the Arkansas State Senate and by the Speaker of the Arkansas House of Representatives. The Commission was charged with setting a “global warming pollution reduction goal” for Arkansas and a “comprehensive strategic plan for implementation of the global warming pollution reduction goal.” The Act sets several study and evaluation requirements and required a final report to be provided to the Governor by November 1, 2008. The final report of the GCGW offered findings to the Eighty-Seventh General Assembly on which state action can be based.
Coal Mining Tax Credit (Arkansas) Arkansas Corporate Tax Incentive Yes Coal with CCS State/Province The Coal Mining Tax Credit provides an income or insurance premium tax credit of $2.00 per ton of coal mined, produced or extracted on each ton of coal mined in Arkansas in a tax year. An additional credit of $3.00 per ton will be allowed for each ton of coal mined in Arkansas in excess of 50,000 tons in a tax year. The credit can only be earned if the coal is sold to an electric generation plant for less than $40 per ton excluding freight charges. Any unused credits may be carried forward for the next 5 succeeding tax years or until exhausted, whichever occurs first.
Cogeneration Rules (Arkansas) Arkansas Generating Facility Rate-Making
Interconnection
Yes Biomass/Biogas
Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Hydroelectric energy
Hydroelectric (Small)
Natural Gas
Nuclear
Solar Photovoltaics
Wind energy
State/Province The Cogeneration Rules are enforced by the Arkansas Public Service Commission. These rules are designed to ensure that all power producers looking to sell their power to residents of Arkansas are necessary, benefit the public and are environmentally friendly. Under these rules new facilities constructed to connect the generating facility to the transmission grid require the issuance of a Certificate of Public Convenience and Necessity (CCN) or a Certificate of Environmental Compatibility and Public Need (CECPN). These certificates must be applied for and are issued by the Public Service Commission.
Community Development Block Grant/Economic Development Infrastructure Financing (United States) United States Grant Program
Loan Program
Yes Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Natural Gas
Nuclear
Tidal Energy
Wave Energy
Wind energy
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
Solar Photovoltaics
Federal Community Development Block Grant/Economic Development Infrastructure Financing (CDBG/EDIF) provides public infrastructure financing to help communities grow jobs, enable new business startups and expansions for existing businesses. State programs help achieve the national objective of CDBG by funding projects in which at least 51 percent of the new jobs created are made available to low and moderate income individuals. The maximum amounts awarded under the program are $1 million for new businesses locating to the state and $500,000 for existing businesses expanding in the state.
Create Rebate Program (Arkansas) Arkansas Corporate Tax Incentive Yes Biomass/Biogas
Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Hydroelectric energy
Hydroelectric (Small)
Natural Gas
Nuclear
Solar Photovoltaics
State/Province This program is offered by the Arkansas Economic Development Commission and is available to businesses after a business certifies to the Arkansas Department of Finance and Administration that is has fulfilled the minimum payroll requirements and the reported payroll has been verified by the Department. The program provides annual cash payments based on a company’s annual payroll for new, full-time, permanent employees. In all tiers, a minimum payroll of new, full-time permanent employees of $2 million annually is required. The benefits depend on the tier in which a company locates. Tier 1 benefits are 3.9% and Tier 4 benefits are 5%.
Forestry Policies (Arkansas) Arkansas Environmental Regulations Yes Biomass/Biogas State/Province Arkansas' Forests are managed by the Arkansas Forestry Commission. In 2010 the Commission completed the state's Forest Action Plan which comprised both the Forest Resource Assessment and Forest Resource Strategy documents:

http://forestry.arkansas.gov/SiteCollectionDocuments/ArkansasForestryCommAssessment.pdf

http://forestry.arkansas.gov/SiteCollectionDocuments/ArkansasForestResourceStrategy.pdf

The Arkansas Forest Stewardship Program facilitates a number of opportunities for forest landowners, and is intended to be the path forward for any landowner or developer pursuing biomass energy markets.

http://forestry.arkansas.gov/Services/ManageYourForests/Pages/forestStewardship.aspx

The Arkansas Energy Office has issued the Arkansas Biomass Resource Assessment, a report summarizing the study funded by the US DOE through the Southern States Energy Board:

http://arkansasenergy.org/solar-wind-bioenergy/bioenergy/biomass.aspx
Hazardous Waste Management (Arkansas) Arkansas Environmental Regulations
Sales Tax Incentive
Yes Coal with CCS
Energy Storage
Natural Gas
Nuclear
State/Province The Arkansas Department of Environmental Quality, in coordination with the Arkansas Pollution Control & Ecology Commission, strives to maintain and administer a hazardous waste

management program that is equivalent in force and effect to and no less stringent than the Federal program as established by the federal Resource Conservation and Recovery Act, as amended, including but not limited to the Hazardous and Solid Waste Amendments.

Arkansas’s hazardous waste management program, in its broadest statement of purpose, is designed to protect the public health and safety and the environment from the effects of improper, inadequate, or unsound management of hazardous wastes. It accomplishes this to the fullest extent possible by establishing a program of strict regulation over the generation, storage, transportation, treatment, disposal, and other forms of management of these wastes. The program additionally affords the people of the State a voice in the management of hazardous wastes within Arkansas. The lead agency for the

hazardous waste management program in Arkansas is the Department of Environmental Quality (ADEQ).
Income Tax Credits Program (Arkansas) Arkansas Corporate Tax Incentive
Personal Tax Incentives
Rebate Program
Yes Biomass/Biogas
Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Hydroelectric energy
Hydroelectric (Small)
Natural Gas
Nuclear
Solar Photovoltaics
Wind energy
State/Province There are multiple tax credit programs for businesses new to Arkansas. Additionally, there are investment tax credit programs, job creation incentives, discretionary incentives, and targeted business incentives, particularly distributed energy generation.
Interstate Mining Compact Commission (multi-state) Alabama
Arkansas
Illinois
Indiana
Kentucky
Louisiana
Maryland
Missouri
New York
North Carolina
North Dakota
Ohio
Oklahoma
Pennsylvania
South Carolina
Tennessee
Texas
Virginia
West Virginia
Safety and Operational Guidelines
Siting and Permitting
Yes Coal with CCS
Natural Gas
Nuclear
State/Province The Interstate Mining Compact is a multi-state governmental agency / organization that represents the natural resource and related environmental protection interests of its member states. Currently, 23 states are members to the compact, and 6 additional states are associate members. The compact is administered by the Interstate Mining Compact Commission, which does not possess regulatory powers but “provides a forum for interstate action and communication on issues of concern to the member states” and thus aids the development of effective regulatory programs and environmental protection initiatives. The Commission exercises several powers on behalf of the states, all of which are of a study, recommendatory or consultative nature. The Commission does not possess regulatory powers, as some Compacts do. The Commission provides a forum for interstate action and communication on issues of concern to the member states. It is the potential to stimulate the development and production of each state's mineral wealth through effective regulatory programs that draws many of the states together in the prosecution of the Commission's work. Given the environmental sensitivities associated with this objective, a significant portion of the Commission's work is dedicated to the environmental protection issues naturally associated with this mineral development. It is the significant value and clout that comes from "compacting" together and speaking with a strong, united voice that can make a difference in each state's efforts to implement effective regulatory programs that will conserve natural resources and secure a vibrant state (and thus national) mineral economy.
Interstate Oil and Gas Conservation Compact (Multiple States) Alabama
Alaska
Arizona
Arkansas
California
Colorado
Florida
Georgia
Idaho
Illinois
Indiana
Kansas
Kentucky
Louisiana
Maryland
Michigan
Mississippi
Montana
Nebraska
Nevada
New Mexico
New York
North Dakota
Ohio
Oklahoma
Pennsylvania
South Dakota
Texas
Utah
Virginia
West Virginia
Wyoming
Environmental Regulations Yes Coal with CCS
Natural Gas
Biomass/Biogas
State/Province The Interstate Oil and Gas Compact Commission assists member states efficiently maximize oil and natural gas resources through sound regulatory practices while protecting the nation's health, safety and the environment.

The Commission serves as the collective voice of member governors on oil and gas issues and advocates states' rights to govern petroleum resources within their borders.

The Commission formed the Geological CO2 Sequestration Task Force, which examines the technical, policy and regulatory issues related to safe and effective storage of CO2 in the subsurface (depleted oil and natural gas fields, saline formations and coal beds).

The Commission also funds research on hydraulic fracking, reusing water used in extracting oil and gas, and makes recommendations on national energy policies and statutes for individual states.

The Commission also has several associate states: North Carolina, South Carolina, Georgia, Tennessee, Missouri, Idaho, Oregon and Washington. In addition, it has international affiliations with the Canadian provinces of Alberta, British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Saskatchewan, and the Yukon.
Natural Gas Procurement Plan Rules (Arkansas) Arkansas Generation Disclosure
Industry Recruitment/Support
Yes Natural Gas State/Province The Natural Gas Procurement Plan Rules are promulgated under the authority of the Arkansas Public Service Commission. These rules require that utilities develop and maintain a diversified gas supply portfolio. The portfolio should consist of an appropriate combination of different types of gas purchase contracts and/or financial hedging instruments designed to yield an appropriate balance of reliability, reduced volatility and reasonable price. In so doing, each utility should take into consideration various factors including, but not limited to, its particular circumstances, the demographics of its customers, the then-current market projections of both volatility and price, supply/demand estimates, and other relevant information that is available in the industry. These rules are intended to be consistent with Ark. Code Ann. 523-15-103.
Net Metering Rules (Arkansas) Arkansas Net Metering Yes Biomass/Biogas
Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Hydroelectric energy
Hydroelectric (Small)
Natural Gas
Nuclear
Solar Photovoltaics
Wind energy
State/Province The Net Metering Rules are promulgated under the authority of the Arkansas Public Service Commission. These rules are created to establish rules for net energy metering and interconnection. These rules are developed pursuant to the Arkansas Renewable Energy Development Act (Arkansas Code Annotated 23-18-603). These rules apply to all electric utilities.

An electric utility shall allow net metering facilities to be interconnected using a standard meter capable of registering the flow of electricity in two (2) directions. Metering equipment shall be installed to both accurately measure the electricity supplied by the electric utility to each net-metering customer and also to accurately measure the electricity generated by each net-metering customer that is feedback to the electric utility over the applicable billing period. If non standard metering equipment is required, the customer is responsible for the cost differential between the required metering equipment and the utility’s standard metering equipment for the customer’s current rate schedule Accuracy requirements for a meter operating in both forward and reverse registration modes shall be as defined in the Commission’s Special Rules - Electric. A test to determine compliance with this accuracy requirement shall be made by the utility either before or at the time the net metering facility is placed in operation in accordance with these Rules.

Each electric utility shall file, far approval by the Commission, a Standard Interconnection Agreement for Net Metering Facilities (Appendix A), and a Net Metering Tariff in standard tariff format (Appendix B].

Each electric utility shall file in Docket No. 06-1054 by March 15 of each year, a report listing all existing net metering facilities and the generator rating and, where applicable, the power rating of each net metering facility as of the end of the previous calendar year.
Oil and Gas Commission General Rules and Regulations (Arkansas) Arkansas Environmental Regulations
Siting and Permitting
Yes Natural Gas State/Province The Oil and Gas Commission General Rules and Regulations are the body of rules and regulations that relate to natural gas production in Arkansas. The statutory law is found Arkansas Code Annotated Title 15 chapter 72. Contained in this summary are the rules and regulations most relevant to natural gas production and use. These General Rules have been adopted by the Oil and Gas Commission in accordance with applicable state law requirements and are General Rules of state-wide application, applying to the conservation and prevention of waste of crude oil and natural gas in the State of Arkansas and protection of the vested, co-equal or correlative rights of owners of crude oil and natural gas. The full text of the regulations is available at http://www.aogc.state.ar.us/OnlineData/Forms/Rules%20and%20Regulations.pdf
Oil and Gas Commission General Rules and Regulations Continued(Arkansas) Arkansas Siting and Permitting Yes Natural Gas State/Province The General Rules have been adopted by the Oil and Gas Commission in accordance with applicable state law requirements and are General Rules of state-wide application, applying to the conservation and prevention of waste of crude oil and natural gas in the State of Arkansas and protection of the vested, co-equal or correlative rights of owners of crude oil and natural gas.
Qualifying RPS State Export Markets (Arkansas) Arkansas Renewables Portfolio Standards and Goals Yes Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Wind energy
Natural Gas
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
Solar Photovoltaics
State/Province This entry lists the states with Renewable Portfolio Standard (RPS) policies that accept generation located in Arkansas as eligible sources towards their RPS targets or goals. For specific information with regard to eligible technologies or other restrictions which may vary by state, see the RPS policy entries for the individual states, shown below in the Authority listings. Typically energy must be delivered to an in-state utility or Load Serving Entity, and often only a portion of compliance targets may be met by out-of-state generation. In addition to geographic and energy delivery requirements, ownership, registry, and other requirements may apply, such as resource eligibility, generator vintage and capacity limitations, as well as limits on Renewable Energy Certificate (REC) vintage. The listing applies to RPS Main Tiers only, and excludes solar or distributed generation that may require interconnection only within the RPS state. This assessment is based on energy delivery requirements and reasonable transmission availability. Acceptance of unbundled RECs varies. There may be additional sales opportunities in RPS states outside the Eastern Interconnection. REC prices in markets with voluntary goals (North Dakota, South Dakota) may be lower.
Regulations Establishing Water Quality Standards for Surfaace Water of the State of Arkansas (Arkansas) Arkansas Environmental Regulations
Siting and Permitting
Yes Coal with CCS
Hydroelectric energy
Hydroelectric (Small)
Natural Gas
Nuclear
State/Province The Regulations Establishing Water Quality Standards are established pursuant to the provisions of Subchapter 2 of the Arkansas Water and Air Pollution Control Act (Act 472 of the Acts of Arkansas for 1949, as amended; Ark. Code Ann. 8-4-101 et seq, and in compliance with the requirements of the Federal Water Pollution Control Act, as amended, the Arkansas Pollution Control and Ecology Commission, (hereinafter referred to as "Commission") hereby promulgates this Regulation No. 2, as amended, establishing water quality standards for all surface waters, interstate and intrastate, of the State of Arkansas. The standards are designed to enhance the quality, value and beneficial uses of the water resources of the State of Arkansas, to aid in the prevention, control and abatement of water pollution, to provide for the protection and propagation of fish and wildlife and to provide for recreation in and on the water. In establishing these standards, the Commission has taken into consideration the use and value of the streams for public water supplies, commercial, industrial and agricultural uses, aesthetics, recreational purposes, propagation of fish and wildlife, other beneficial uses, and views expressed at public hearings.

It is the purpose of these regulations to preserve and protect the quality of this water so that it shall be reasonably available for all beneficial uses and thus promote the social welfare and economic well-being of the people of the State. It is further the purpose of these regulations to designate the uses for which the various waters of the State shall be maintained and protected; to prescribe the water quality standards required to sustain the designated uses; and to prescribe regulations necessary for implementing, achieving and

maintaining the prescribed water quality.
Regulations For State Administration Of The National Pollutant Discharge Elimination System (Arkansas) Arkansas Siting and Permitting Yes Biomass/Biogas
Coal with CCS
Natural Gas
Nuclear
State/Province The Regulations For State Administration Of The National Pollutant Discharge Elimination System (NPDES) is created Pursuant to the provisions of the Arkansas Water and Air Pollution Control Act, Ark. Code Ann. § 8-4-101 et seq., the Arkansas Pollution Control and Ecology Commission hereby promulgates this regulation to implement State administration of the National Pollutant Discharge Elimination System. It is the purpose of this regulation to adopt regulations necessary to qualify the State of Arkansas to receive authorization to implement the State water pollution control permitting program, in lieu of the federal National Pollutant Discharge Elimination System program, pursuant to the Clean Water Act, 33 U.S.C. § 1342. In order to receive such authorization, it is necessary for the Arkansas Department of Environmental Quality to have regulations as stringent as the federal program administered by the United States Environmental Protection Agency.

Any person who desires to construct, operate or modify any disposal system which will discharge to the waters of the State or to discharge any sewage, industrial waste or other wastes into the waters of the State or to do any other act for which Ark. Code Ann. §

8-4-217(b) requires a permit shall submit an application for a permit for such activity.
Regulations of the Arkansas Operating Air Permit Program (Arkansas) Arkansas Environmental Regulations
Siting and Permitting
Yes Biomass/Biogas
Coal with CCS
Natural Gas
State/Province The Regulations of the Arkansas Air Operating Program are adopted in accordance with the provisions of Part UU of the Arkansas Water and Air Pollution Control Act, Arkansas Code Annotated 8-4-101, and will be referred to in this description as "program", "regulations" and "regulation No. 26". The regulations are intended to meet the requirements of title of V of the Clean Air Act, 42 United States Code (U.S.C.) 7401, and 40 Code of Federal Regulations (CFR) part 70 as promulgated July 21, 1992 and last modified November 27, 2001, by establishing a comprehensive state air quality permitting for major sources of air contaminant emissions. Permits issued under this program will address all applicable air contaminant emissions and regulatory requirements in a single document.
Regulations of the Arkansas Plan of Implementation for Air Pollution Control (Arkansas) Arkansas Environmental Regulations
Siting and Permitting
Yes Biomass/Biogas
Coal with CCS
Natural Gas
State/Province The Regulations of the Arkansas Plan of Implementation for Air Pollution Control are applicable to any stationary source that has the potential to emit any federally regulated air pollutant. The purpose and intent of Regulation 19, as amended, is to provide a clear delineation of those regulations that are promulgated by the Commission in satisfaction of certain requirements of the federal Clean Air Act, 42 United States Code (U.S.C.) §§ 7401 et seq., as of July 1, 1997, and the federal regulations stemming therefrom. Federal programs that the Department is responsible for administering include, but are not limited to, the attainment and maintenance of the National Ambient Air Quality Standards (40 Code of Federal Regulations [CFR] Part 50), certain delegated subparts of the New Source Performance Standards (40 CFR Part 60), provisions designed for the Prevention of Significant Deterioration (40 CFR§ 52.21), minor new source review as described in Chapter 4 (40 CFR Part 51), and certain delegated subparts of the National Emission Standards for Hazardous Air Pollutants (40 CFR Parts 61 and 63) as of July 1, 1997.

Regulation 19, as amended, is further intended to limit the federal enforceability of its requirements to only those mandated by federal law. Regulation 19, as amended, is also intended to facilitate a permit system for stationary sources within the State, which permit shall provide which provisions are federally enforceable and which provisions are state enforceable.

Regulation 19, as amended, presumes a single-permit system, encompassing both federal and state requirements. A regulated facility which is subject to permitting under Regulation 19 shall be required to apply for and comply with only one permit, even though that permit may contain conditions derived from the federal mandates contained in Regulation 19.

Regulation 19 shall be construed in a manner that promotes a streamlined permitting process, mitigation of regulatory costs, and flexibility in maintaining

compliance with federal mandates.
Rules and Regulations for Control of Ionizing Radiation (Arkansas) Arkansas Environmental Regulations
Siting and Permitting
Yes Nuclear State/Province The Rules and Regulations for Control of Ionizing Radiation are the Arkansas state laws made in accordance the federal Nuclear Regulatory Commission Rules. Any contractor with the US DOE or US Nuclear Regulatory Commission is exempt from the state laws. This set of rules and regulations basically restates the federal policy to ensure that Arkansas is in compliance with the federal standards governing nuclear energy. Specifically the State rules are equivalent to Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 19, 20, 30, 31, 32, 33, 35, 40, 61, 70, 71, 150.
Southern States Energy Compact (Multiple States) Alabama
Arkansas
Florida
Georgia
Kentucky
Louisiana
Maryland
Mississippi
Missouri
North Carolina
Oklahoma
Puerto Rico
South Carolina
Tennessee
Texas
United States Virgin Islands
Virginia
West Virginia
Industry Recruitment/Support
Environmental Regulations
Yes Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Natural Gas
Nuclear
Tidal Energy
Wave Energy
Wind energy
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
Solar Photovoltaics
State/Province The Southern States Energy Compact provides for the proper employment and conservation of energy, and for the employment of energy-related facilities, materials, and products, within the context of a responsible regard for the environment, among the Southeastern states, Puerto Rico, and the U.S. Virgin Islands. The Southern States Energy Board is responsible for administering the Compact and may adopt bylaws, rules, and regulations in conjunction with state agencies. The Board also encourages the development, conservation, and responsible use of energy and energy-related facilities, installations, and products as part of a balanced economy and a healthy environment.
State Water Permit Regulation (Arkansas) Arkansas Environmental Regulations
Siting and Permitting
Yes Natural Gas State/Province It is the purpose of this regulation to adopt standards applicable to the storage, discharge, or disposal of any waste which, if unregulated, will cause pollution of waters of the state or result in wastes being placed in a location where it is likely to cause pollution of the waters of the state. These standards are intended to protect public health and the environment, and prevent, control, or abate pollution. The State Water Permit Regulation is implemented to adopt standards applicable to the storage, discharge, or disposal of any waste that, if unregulated, will cause pollution of waters of the state or result wastes being placed in a location where it is likely to cause pollution of the waters of the state. This regulation applies to all persons proposing to construct, alter, extend, or operate any storage, discharge, or disposal system that does not discharge directly to waters of the state, and the operation of which, if unregulated, will cause pollution of waters of the state or result in wastes being placed in a location where it is likely to cause pollution of the waters of the state. This regulation does not apply to liquid animal waste management systems regulated under APC&EC (Arkansas Pollution Control and Ecology Commission) Regulation 5 or underground injection control (UIC) facilities regulated under APC and EC Regulation 17 or Class II UIC wells permitted by the Arkansas Oil and Gas Commission. This regulation also does not apply to storage or disposal systems permitted under APC&EC Regulation 1 or Regulation 4 or to storage, discharge, or disposal systems that have been issued any NPDES permit other than a stormwater permit.
Storage Tanks (Arkansas) Arkansas Environmental Regulations
Siting and Permitting
Yes Fuel Cells
Natural Gas
Nuclear
State/Province The Storage Tanks regulations is a set of rules and permit requirements mandated by the Arkansas Pollution and Ecology Commission in order to protect the public health and the lands and the waters of the State of Arkansas. They are promulgated pursuant to Arkansas Code Annotated 8-7-801 and the Petroleum Storage Trust Fund Act 8-7-901. It covers all storage tanks, above (AST) and underground (UST). Most importantly these regulations establish that all owners and operators of storage tanks must register their tanks and receive a certificate from the department of environmental quality (ADEQ).
Super Projects (Arkansas) Arkansas Bond Program Yes Biomass/Biogas
Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Hydroelectric energy
Hydroelectric (Small)
Natural Gas
Nuclear
Solar Photovoltaics
State/Province A 2004 amendment to the state constitution authorizes the state to attract super projects by issuing bonds to fund a project’s infrastructure, limited to 5% of the net general revenues during the most recent fiscal year. Super projects are defined as ones that create at least 500 new jobs and invest more than $500 million. Examples of the type of projects that might meet the criteria for a super project and have infrastructure needs that would require bond financing could include steel mills, paper mills, corporate headquarters, pharmaceutical companies, automobile parts and assembly plants. Emerging technologies, such as nanotechnology or biotechnology may also have needs that could be met by Amendment 82. The Arkansas Economic Development Commission will perform a comprehensive cost-benefit analysis to determine the level of incentives the state can use to compete for the super project and still obtain a good return on the state's investment.