Arkansas Administrative Code › Agency 014 - Pollution Control and Ecology Commission › Division 13 - Division of Evironmental Quality › Rule 014.13.20-003 - Rule No 19, Rules of the Arkansas Plan of Implementation for Air Pollution Control; Docket No. 20-002-R Miunte Order 20-13

Current through Register Vol. 49, No. 6, June, 2024
CHAPTER 1:
TITLE, INTENT, AND
			 PURPOSE
Rule 19.101
Title
The following rules, 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 "Rules of the Arkansas Plan of Implementation of Air
				Pollution Control," hereinafter referred to as the "Rules of the Plan," and
				"Rule 19."
Rule 19.102
Applicability
These rules are applicable to any stationary source which has
				the potential to emit any federally regulated air pollutant.
Rule 19.103
Intent and
			 Construction
(A) The purpose and intent
			 of Rule 19, as amended, is to provide a clear delineation of those rules 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 Division 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 Division for administration.
(B) Rule 19, as amended, is further intended
			 to limit the federal enforceability of its requirements to only those mandated
			 by federal law. Rule 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) Rule 19, as
			 amended, presumes a single-permit system, encompassing both federal and state
			 requirements. A regulated facility which is subject to permitting under Rule 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 Rule 19, as well as conditions predicated solely on state law. Rule 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 Rule 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, Rule 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 Rule 19. 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.
(E) Nothing in
			 Rule 19 shall be construed as curtailing the Division's or Commission's
			 authority under state law.
Rule
			 19.104
Severability
If any provision of Rule 19 is determined to be invalid, such
				invalidity shall not affect other provisions of Rule 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 Rule 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 Rule 19 due to the federal legislation or federal court
				order.