Arkansas Administrative Code › Agency 014 - Pollution Control and Ecology Commission › Regulation 18 - Arkansas Air Pollution Control Code (#014.00-018) › Rule 014.01.14-001

Current through Register Vol. 49, No. 6, June, 2024
CHAPTER 1
:
			 TITLE AND PURPOSE
Reg. 18.101
Title
The following rules and regulations, 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 "Regulation
				18."
Reg. 18.102
Intent and Construction
(A) Regulation
			 18 consists of those rules and regulations 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)
			 ]. Regulation 18 should be construed as consistent with the "Legislative Intent
			 and Purpose" of air pollution control regulations set out in Ark. Code Ann.
			 §§
										8-4-301 and
			 302, as those provisions apply to the Department'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 Regulation 19, Regulations of the
			 Arkansas Plan of Implementation for Air Pollution Control (Regulation 19) and
			 Regulation 26, Regulations of the Arkansas Operating Air Permit Program
			 (Regulation 26) which deal exclusively with regulations compelled by federal
			 mandates and which are to some extent federally enforceable. It is the specific
			 intent of Regulation 18 to preclude federal enforceability of Regulation 18
			 requirements. Regulation 18 permits or permit conditions issued under its
			 authority, or enforcement issues arising from Regulation 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, Regulation 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
			 Regulation 18. 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.
(D) In all applications of Regulation 18, the
			 Department 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.
Reg. 18.103
Applicability
These regulations are applicable to any source which emits or
				has the potential to emit any air contaminant as defined in Chapter 2 of
				Regulation 18.
Reg. 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.