(a) General authority.
- (1) The Division of Environmental Quality may, after notice and opportunity for public participation provided under this subpart, issue a general permit covering numerous similar sources.
(2) Any general permit shall:
- (A) Comply with all requirements applicable to other permits; and
- (B) Identify criteria by which sources may qualify for the general permit.
- (3) To sources that qualify, the division shall grant the conditions and terms of the general permit.
- (4) The source shall be subject to enforcement action for operation without a permit if the source is later determined not to qualify for the conditions and terms of the general permit.
(b) Application.
- (1) Sources that would qualify for a general permit must apply to the division for coverage under the terms of the general permit or must apply for a permit consistent with this subpart.
- (2) The division may grant a source's request for authorization to operate under a general permit, but such a grant shall not be a final permit action for purposes of judicial review.
- (3) The division will give notice of all applications for general permits pursuant to Arkansas Code § 8-4-203(d).