014.01.14 Ark. Code R. § 001

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Citation: 014.01.14 Ark. Code R. § 001
• Year: 2023

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.] § 8Title8-4-101 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. §§ 8Powers generally8-4-311(b)(1) and 8Powers and responsibilities of the Arkansas Pollution Control and Ecology Commission8-1-203(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. §§ 8Legislative intent8-4-301 and 302, as those provisions apply to the Department's permitting, enforcement, and administrative functions (Ark. Code Ann. § 8Powers of the director of the division of environmental quality8-1-202 ) and the Commission's rulemaking and adjudicatory functions (Ark. Code Ann. § 8Powers and responsibilities of the Arkansas Pollution Control and Ecology Commission8-1-203 ). (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. § 8Legislative intent8-4-301 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.

CHAPTER 2 :DEFINITIONS

When used in this Code:

"12-month period" means a period of twelve (12) consecutive months determined on a rolling basis with a new 12-month period beginning on the first day of each calendar month.

"Actual emissions" means the quantity of air contaminants emitted from a stationary source considering emissions control equipment and actual hours of source operation or amount of material processed.

"Air contaminant" means any solid, liquid, gas, or vapor or any combination thereof. The following shall not be considered air contaminants: water vapor, oxygen, carbon dioxide, nitrogen, hydrogen, and inert gases.

"Air contamination" means the presence in the outdoor atmosphere of one (1) or more air contaminants which contribute to a condition of air pollution.

"Air pollution" means the presence in the outdoor atmosphere of one (1) or more air contaminants in quantities, of characteristics, and of a duration that are materially injurious or can be reasonably expected to become materially injurious to human, plant, or animal life or to property, or that unreasonably interfere with enjoyment of life or use of property throughout the state or throughout the area of the state as shall be affected thereby.

"Commission" means the Arkansas Pollution Control and Ecology Commission.

"Conditions of air pollution" as distinguished from "air pollution" in a given area shall be deemed to exist when the Director finds that the National Ambient Air Quality Standards, as established from time to time by the EPA, have been exceeded in such area, or when the Director finds that extraordinary measures are necessary to prevent them from being exceeded.

"Conditions of episodic air pollution" in a given area shall be deemed to exist when the Director finds that meteorological conditions are such as to minimize the normal dispersion of air contaminants and that the following levels are determined to exist in a given area and that such levels can be reasonably expected to persist for twelve (12) or more hours or increase unless control actions are taken:

Sulfur dioxide (SO2) of a concentration equal to or greater than 800 µg/m3 (1.3 ppm) for any twenty-four (24) hour average (where µg/m3 means micrograms per cubic meter and where ppm means parts per million), or where particulate matter (PM) of a concentration equal to or greater than 375 µg/m3 for any twenty-four (24) hour average or where the coefficient of haze (COH) is equal to or greater than three (3.0) for any twenty-four (24) hour average, or where the product of SO2 and PM reported in µg/m3 for any twenty-four (24) hour average exceeds 65,000.

"Control apparatus" means any device which prevents, controls, detects, or records the emission of any air contaminant.

"Department" means the Arkansas Department of Environmental Quality, or its successor. When reference is made in this regulation to actions taken by or with reference to the Department, the reference is to the staff of the Department acting at the direction of the Director.

"Director" means the director of the Department or its successor, acting directly or through the staff of the Department.

"EPA" means the United States Environmental Protection Agency.

"Equipment" means any device, except equipment used for any mode of vehicular transportation, capable of causing the emission of an air contaminant into the open air, and any stack, conduit, flue, duct vent, or similar device connected or attached to, or serving the equipment.

"Federal Clean Air Act" or "Clean Air Act" or "FCAA" or "the Act" means the federal Clean Air Act, as amended 42 U.S.C 42Congressional findings and declaration of purpose7401, et seq., and its implementing regulations as of the effective date of this regulation.

"Fuel burning equipment" means equipment, the primary purpose of which is the production of thermal energy from the combustion of fuel by indirect heat transfer.

"Flue" or "stack" means any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct but not including flares.

"Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

"Hazardous air pollutant" or "HAP" means any pollutant listed pursuant to § 112 of the federal Clean Air Act, as amended 42 U.S.C. § 42Congressional findings and declaration of purpose7401 et seq., as of the effective date of this regulation.

"Garbage" means rejected food waste including waste accumulation of animal, fruit, or vegetable matter used or intended for food or that attend the preparation, use, cooking, dealing in or storage of meat, fish, fowl, fruit, or vegetable.

"Incinerator" means all devices by which garbage, refuse, or other combustible material is reduced in volume by a combustion process in which the fuel/air ratio is or can be controlled so that the remaining solid residues contain little or no combustible material.

"National Ambient Air Quality Standards" or "NAAQS" means those ambient air quality standards promulgated by the EPA in 40 Code of Federal Regulations (C.F.R.) Part 50 as of the effective date of the federal rule published by EPA in the Federal Register on January 15, 2013 (78 FR 3086), as set forth in Appendix B of Regulation 18.

...