Arkansas Administrative Code › Agency 118 - DEPARTMENT OF ENERGY AND ENVIRONMENT › Division 01 - Arkansas Pollution Control and Ecology Commission › Rule 118.01.21-011 - Rule 18, "Arkansas Air Pollution Control Code"

Current through Register Vol. 49, No. 6, June, 2024
RULE NO. 18
ARKANSAS AIR POLLUTION
			 CONTROL CODE
CHAPTER 1
: TITLE
			 AND PURPOSE
Rule 18.101
Title
The following rules adopted pursuant to Subchapter 2 of the
				Arkansas Water and Air Pollution Control Act (Arkansas Code Annotated [Ark.
				Code Ann.] §
											8-4-101
et
				seq.
) shall be referred to as the "Arkansas Air Pollution Control
				Code," hereinafter the "Air Code," the "Code," or "Rule 18."
Rule 18.102
Intent and
			 Construction
(A) Rule 18 consists of
			 those rules deemed necessary and desirable by the Commission for control of air
			 pollution pursuant to its rulemaking mandates under State law [Ark. Code Ann.
			 §§
											8-4-311(b)(1)
			 and
			 8-1-203(b)(1)
			 ]. Rule 18 should be construed as consistent with the "Legislative Intent and
			 Purpose" of air pollution control rules set out in Ark. Code Ann. §§
											8-4-301 and
			 302, as those provisions apply to the Division's permitting, enforcement, and
			 administrative functions (Ark. Code Ann. §
											8-1-202)
			 and the Commission's rulemaking and adjudicatory functions (Ark. Code Ann.
			 §
											8-1-203)
			 .
(B) By authority of the same
			 State law, the Commission has also adopted Rule 19, Rules of the Arkansas Plan
			 of Implementation for Air Pollution Control (Rule 19) and Rule 26, Rules of the
			 Arkansas Operating Air Permit Program (Rule 26) which deal exclusively with
			 rules compelled by federal mandates and which are to some extent federally
			 enforceable. It is the specific intent of Rule 18 to preclude federal
			 enforceability of Rule 18 requirements. Rule 18 permits or permit conditions
			 issued under its authority, or enforcement issues arising from Rule 18 shall
			 not be deemed to be federally enforceable.
(C) To the extent consistent with state law
			 and efficient protection of the State's air quality, Rule 18 shall be construed
			 in a manner that promotes a streamlined permitting process, mitigation of
			 regulatory costs, and flexibility in maintaining compliance with regulatory
			 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 Rule 18.
			 Any procedure applicable to major sources that promotes operational flexibility
			 are presumed to be authorized by this rule unless manifestly inconsistent with
			 its substantive terms.
(D) In all
			 applications of Rule 18, the Division and Commission shall be guided to a
			 resolution that categorically assures that:
(1) The least possible injury will be done to
			 human, plant, or animal life, or to property;
(2) The public enjoyment of the State's air
			 quality resources will be maintained; and
(3) The resolution is consistent with the
			 economic and industrial well-being of the State.
Rule 18.103
Applicability
These rules are applicable to any source which emits or has the
				potential to emit any air contaminant as defined in Chapter 2 of Rule
				18.
Rule 18.104
Severability
If any provisions of this Code or the application thereof to
				any person or circumstance is held invalid, such invalidity shall not affect
				other provisions or applications of this Code which can be given effect without
				the invalid provision or application, and to this end the provisions of this
				Code are declared to be severable.