Arkansas Administrative Code › Agency 118 - DEPARTMENT OF ENERGY AND ENVIRONMENT › Division 01 - Arkansas Pollution Control and Ecology Commission › Rule 118.00.22-001 - Rule 19, Rules of the Arkansas Plan of Implementation for Air Pollution Control

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 "Rule
				19."
Rule 19.102
Applicability
These rules are applicable to any stationary source that 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 Clean Air Act, 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 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) . 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 that 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 that 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.
Rule 19.105
Incorporation by Reference
Unless a contrary intent is expressly stated, any adoption or
				descriptive reference to a law or federal regulation shall be construed as
				though the reference law were set forth in Rule 19 line-by-line, word-for-word
				as it existed on the effective date of Rule 19.