Arkansas Administrative Code › Agency 014 - Pollution Control and Ecology Commission › Regulation 19 - Rule No. 19, Rule of the Arkansas Plan of Impementation for Air Pollution Control; Docket NO 18-006-R; Minute Order 19-17 › Rule 014.01.19-001

Current through Register Vol. 49, No. 6, June, 2024
CHAPTER 1
			 :
TITLE, INTENT, AND PURPOSE
Reg.
			 19.101
Title
The following rules and regulations, adopted in accordance with
				the provisions of Subchapter 2 of the Arkansas Water and Air Pollution Control
				Act, Arkansas Code Annotated (Ark. Code Ann.) §
										8-4-201
et seq.,
shall be known as "Regulations of the Arkansas Plan
				of Implementation of Air Pollution Control," hereinafter referred to as the
				"Regulations of the Plan," and "Regulation 19."
Reg. 19.102
Applicability
These regulations are applicable to any stationary source which
				has the potential to emit any federally regulated air pollutant.
Reg. 19.103
Intent and
			 Construction
(A) 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 [C.F.R.] Part 50), certain delegated subparts of the New
			 Source Performance Standards (40 C.F.R. Part 60), provisions designed for the
			 Prevention of Significant Deterioration (
			 40 C.F.R.
			 §
											52.21 ), minor new source review as
			 described in Chapter 4 (40 C.F.R. Part 51), and certain delegated subparts of
			 the National Emission Standards for Hazardous Air Pollutants (40 C.F.R. Parts
			 61 and 63) as of July 1, 1997. This subsection shall not be construed as
			 limiting the future delegation of federal programs to the Department for
			 administration.
(B) 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.
(C) 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, as well as conditions predicated solely on state law. Regulation
			 19, through construction or implication, shall not support the conclusion that
			 all conditions of a permit have become federally enforceable because the permit
			 contains provisions derived from Regulation 19. Permits or permit conditions
			 issued under the authority of state law, or enforcement issues arising out of
			 state law, shall not be federally enforceable.
(D) To the extent consistent with state law
			 and efficient protection of the State's air quality, 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. Any applicable documents (e.g. "White Papers," regulatory
			 preambles, or interpretive memoranda) issued by the EPA which are consistent
			 with this policy and the legislative intent of state laws governing air
			 pollution control (Ark. Code Ann. §
										8-4-301
et seq.)
are aids for construing the requirements of
			 Regulation 19. Any procedure applicable to major sources that promotes
			 operational flexibility are presumed to be authorized by this regulation unless
			 manifestly inconsistent with its substantive terms.
(E) Nothing in Regulation 19 shall be
			 construed as curtailing the Department's or Commission's authority under state
			 law.
Reg. 19.104
Severability
If any provision of Regulation 19 is determined to be invalid,
				such invalidity shall not affect other provisions of Regulation 19.
If federal legislation or a federal court stays, invalidates,
				delays the effective date of, or otherwise renders unenforceable, in whole or
				in part, EPA's regulation of greenhouse gases, then the provisions of
				Regulation 19 concerning greenhouse gases based thereon shall be stayed and
				shall not be enforceable until such time as the Commission makes a final
				decision on whether or not to revise Regulation 19 due to the federal
				legislation or federal court order.