Arkansas Code Title 8. Environmental Law § 8-1-103. Department and commission powers and duties

(1)(A) Following a public hearing and based upon a record calculating the reasonable administrative costs of evaluating and taking action on permit applications and of implementing and enforcing the terms and conditions of permits and variances, the commission shall establish, by rule, reasonable fees for initial issuance, annual review, and modification of water, air, or solid waste permits required by §§ 8-4-101--8-4-106, 8-4-201--8-4-229, 8-4-301--8-4-314, 8-6-201--8-6-212, 8-6-214, and 8-9-403. These fees shall consist of initial fees, annual fees, and modification fees, as defined in § 8-1-102.

(2)(A) The rules shall provide that the fees shall be assessed on a per-facility basis for the following categories of permits:

(B) All annual fees for air permits issued under the state implementation plan or the rules promulgated pursuant to the Clean Air Act, 42 U.S.C. § 7401 et seq., shall be assessed in accordance with the Clean Air Act, 42 U.S.C. § 7401 et seq.

(C) The rules may include a provision for appropriate adjustments in the fees to reflect carryover fee collections in excess of the administrative costs of issuance, renewal, inspection, modification, and monitoring associated with these permits.

(D) Notwithstanding other provisions of this subchapter and other applicable laws, the commission is authorized to promulgate and the division is authorized to collect annual fees from facilities electing to operate under the terms and conditions of a pollution prevention plan in lieu of an air permit. The annual pollution prevention plan fee shall be equal to the fee otherwise applicable to facilities operating under an air permit;