WHAT'S NEW:

No recent state activity has been identified.

AIR EMISSIONS REGULATIONS:

Air Quality Status	One area is in moderate nonattainment for 8-hr ozone. EPA's Nonattainment Areas
Major Source Threshold	PTE 250 tons (100 tons for listed sources) of any criteria pollutant in attainment areas; 100 tons in nonattainment areas
Minor Source Permitting Exemption	See list below
Minor Source Treatment	Emissions limits: opacity
Emergency Generating Limits	Can be operated for up to 90 days

 

DE MINIMIS EXEMPTIONS

Units with emissions below the following limits will be considered exempt:

• CO: 40 tons per year
• VOCs, SO2, and NOx: 25 tons per year
• PM 2.5: 15 tons per year
• PM 10: 10 tons per year
• Lead: 0.5 tons
• HAPs: 1 ton per year
• Any combination of HAPs: 3 tons per year

The following sources are considered to be insignificant but may be required to be listed in a permit application:

• Fuel burning equipment with a design rate less than 10 MMBtu/hr, provided that the aggregate pollutant emissions do not exceed 5 tons per year of any combination of Hazardous Air Pollutants (HAPs) and 10 tons per year of any other pollutant.

Emergency use generators, boilers, or other fuel burning equipment that are equal to or smaller than the main unit, cannot be used with the main unit, and do not emit pollutants in excess of the main unit can operate for up to 90 days.

MINOR SOURCE PERMITTING

A minor source permit is required for units that emit more than the exemption levels listed above. A minor source permit will include emission limits for criteria pollutants and HAPs as well as a fuel use or an operating limit to avoid major source permitting. An opacity limit of 20% for fuel burning equipment applies. No other limits are likely to be included.

There is a 30-day public comment period for new sources and the whole process (including comment period) typically takes 3 months or less.

MAJOR NSR/PSD PERMITTING

A potential to emit 250 tons (100 tons of listed sources) of any criteria pollutant triggers PSD. A potential to emit 100 tons/year triggers NSR.

TREATMENT OF EMERGENCY ENGINES

Emergency engines are treated the same as other units unless they meet the following limitation:

• Emergency use generators, boilers, or other fuel burning equipment that is of equal or smaller capacity than the primary operating unit, cannot be used in conjunction with the primary operating unit, and does not emit or have the potential to emit regulated air pollutants in excess of the primary operating unit and not operated more than 90 days a year do not have to obtain a permit.

SITING REQUIREMENTS FOR NON-UTILITY GENERATORS:

The Arkansas Public Service Commission's siting authority does not oversee wholesale generators who do not own transmission capacity. [1] However, potential on-site electrical generation facilities are required to obtain any applicable air, water, or other environmental permits, and must comply with zoning regulations.

BUILDING, ZONING AND FIRE CODES:

Building Codes: Arkansas enforces the 2007 Arkansas Building Code, which references the 2006 IBC with state amendments.

• Arkansas Building Authority
• There is a “Minimum Standards and Criteria” document for the construction and management of state property.

Energy Codes: Arkansas adopts mandatory minimum codes that apply to all buildings,

but local jurisdictions may amend them to be more stringent. For commercial buildings, this code is the 2004 Arkansas Energy Code for New Building Construction based on ASHRAE 90.1-2001

• State Energy Codes website

Fire Codes: Arkansas enforces the 2007 Arkansas Fire Code, which references the 2006 IFC with state amendments.

• State Fire Marshall website

Zoning: For the most part, Arkansas counties and municipalities have primary authority on zoning. Consult each community for zoning requirements in the locality. Resources (information may not be as current as provided above)

A general overview of each state’s enacted codes can be found HERE.

The International Code Council Adoption page gives state-by-state adoption status of specific ICC codes, as well as information about code adoption by some municipal governments within that state.

Information about energy codes can be found at the DOE’s Building Codes for Energy Efficiency page or at the Building Codes Assistance Project.

INTERCONNECTION REQUIREMENTS:

The only applicable interconnection standards in Arkansas apply to net-metered systems. The Arkansas Public Service Commission (PSC) adopted net-metering standards in July 2002. Residential systems are eligible for net-metering of systems up to 25 kW, nonresidential are eligible up to 300 kW. A standard interconnection agreement is used for all consumer-owned systems.

The net-metered systems must meet all national and local electric standards, including the National Electric Code (NEC), the Institute of Electrical and Electronic Engineers (IEEE), the National Electrical Safety Code (NESC) and Underwriters Laboratories (UL). Utilities may also require other safety standards that have been approved by the PSC. A manual external disconnect switch that is accessible to the utility must be installed.

For more information contact the PSC.

Arkansas Public Service Commission
1000 Center Street
P.O. Box C-400
Little Rock, AR 72201
Alice Wright
Phone: (501) 682-5658
Fax: (501) 682-5731
E-Mail:alice_wright@psc.state.ar.us

EXIT FEES:

Arkansas does not have a statewide policy on exit fees. DG customers will not be charged an exit fee, but there may be an early termination fee for customers that enter into long-term contracts.

UTILITY STANDBY RATES:

Arkansas does not have a statewide policy on standby rates. Relevant provisions for Arkansas utilities are listed below.

Southwestern Electric Power Co - Rate No. 28: Standby service is provided to customers on a primarily demand based rate with very low energy charges. Billing demand is based on the higher of the maximum 15 minute demand or 70% of the maximum from the previous 11 months. Rate information is available at: https://www.swepco.com/CustomerService/RatesAndTariffs/LegalTariffFilings/Arkansas.aspx

Entergy Arkansas Inc - Standby Service Rider: Standby service is provided to customers who contract for a specified amount of standby capacity with the utility. A standby reservation fee is charged each month based on the contract demand. For all non-reserved service energy, the customer will be billed according to their regular rate or the Large Power Service rate schedule. Rate information is available at: http://www.entergy-arkansas.com/Your_Business/Business_Tariffs.aspx