014.01.14 Ark. Code R. § 003

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Citation: 014.01.14 Ark. Code R. § 003
• Year: 2023

CHAPTER 1 :TITLE AND PURPOSE

Reg. 26.101 Title The following rules and regulations of the Arkansas Pollution Control and Ecology Commission, adopted in accordance with the provisions of Part II of the Arkansas Water and Air Pollution Control Act Arkansas Code Annotated (Ark. Code Ann.) § 8Title8-4-101 et seq., shall be known as the "Regulations of the Arkansas Operating Air Permit Program," hereinafter referred to as the "program," the "regulations," and "Regulation No. 26."

Reg 26.102 Purpose Promulgation and enforcement of these regulations is intended to meet the requirements of title V of the federal Clean Air Act, 42 United States Code (U.S.C.) §7401, et seq., and 40 Code of Federal Regulations (C.F.R.) Part 70, as promulgated July 21, 1992 and last modified November 27, 2001, by establishing a comprehensive state air quality permitting program for major sources of air contaminant emissions. Permits issued under this program will address all applicable air contaminant emissions and regulatory requirements in a single document.

Reg. 26.103 Severability If any provision of Regulation No. 26 is determined to be invalid, such invalidity shall not affect other provisions of Regulation No 26. 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 Regulation No. 26 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 Regulation No. 26 due to the federal legislation or federal court order.

CHAPTER 2 :DEFINITIONS

The following definitions apply to these regulations. Except as specifically provided in this section, terms used in this regulation retain the meaning accorded them under the applicable requirements of the federal Clean Air Act or the Arkansas Pollution Control and Ecology Commission's Regulation Number 19, Regulations of the Arkansas Plan of Implementation for Air Pollution Control (Regulation No. 19, or SIP).

"Acid rain source" shall have the meaning of "affected source" as defined in title IV of the Act.

"Act" means the Clean Air Act 42 U.S.C 42Congressional findings and declaration of purpose7401 et seq., as amended by July 23, 1993.

"Administrator" or "EPA" means the Administrator of the United States Environmental Protection Agency or his/her designee.

"Affected States" are all States:

(A) Whose air quality may be affected and that are contiguous to the State in which a part 70 permit, permit modification or permit renewal is being proposed; or

(B) That are within 50 miles of the permitted source.

"Air contaminant" or "air pollutant" means any solid, liquid, gas, or combination thereof, other than water vapor, nitrogen (N2), and oxygen (O2).

"Applicable requirement" means all of the following as they apply to emissions units in a part 70 source (including requirements that have been promulgated or approved by EPA through rulemaking at the time of issuance but have future-effective compliance dates):

(A) Any standard or other requirement provided for in the applicable implementation plan approved or promulgated by EPA through rulemaking under title I of the Act that implements the relevant requirements of the Act, including any revisions to that plan promulgated in 40 C.F.R. Part 52;

(B) Any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated through rulemaking under title I, including parts C or D, of the Act;

(C) Any standard or other requirement under section 111 of the Act, including section 111(d);

(D) Any standard or other requirement under section 112 of the Act, including any requirement concerning accident prevention under section 112(r)(7) of the Act;

(E) Any standard or other requirement of the acid rain program under title IV of the Act or the regulations promulgated thereunder;

(F) Any requirements established pursuant to section 504(b) or section 114(a)(3) of the Act;

(G) Any standard or other requirement governing solid waste incineration, under section 129 of the Act;

(H) Any standard or other requirement for consumer and commercial products, under section 183(e) of the Act;

(I) Any standard or other requirement for tank vessels, under section 183(f) of the Act;

(J) Any standard or other requirement of the program to control air pollution from outer continental shelf sources, under section 328 of the Act;

(K) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under title VI of the Act, unless the Administrator has determined that such requirements need not be contained in a title V permit; and

(L) Any national ambient air quality standard or increment or visibility requirement under part C of title I of the Act, but only as it would apply to temporary sources permitted pursuant to section 504(e) of the Act.

"CO2 equivalent emissions" (CO2e) shall represent an amount of GHGs emitted, and shall be computed by multiplying the mass amount of emissions tpy, for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A - 1 to Subpart A of 40 C.F.R. Part 98 - Global Warming Potentials (which is incorporated by reference as of the effective date of the federal rule published by EPA in the Federal Register on November 29, 2013 [78 FR 71948]), and summing the resultant value for each to compute a tpy CO2 equivalent emissions.

"Department" means Arkansas Department of Environmental Quality or its successor.

"Designated representative" shall have the meaning given to it in section 402(26) of the Act and the regulations promulgated thereunder.

"Draft permit" means the version of a permit for which the Department offers public participation and affected State review.

"Emissions allowable under the permit" means a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.

"Emissions unit" means any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant. This term is not meant to alter or affect the definition of the term "unit" for purposes of title IV of the Act.

"Existing part 70 source" means:

(A) a part 70 source that was in operation as of September 13, 1993;

(B) a facility that becomes a major source due to its GHG emissions as of July 1, 2011; or

(C) a part 70 source that is in operation on the effective date of these regulations.

"Final permit" means the version of a part 70 permit issued by the Department that has completed all review procedures required by these regulations.

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

"Greenhouse gases" (GHGs) means the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

"Initial permit" means a part 70 permit issued to a part 70 source that is in existence on the effective date of these regulations.

"Major source" means any stationary source (or any group of stationary sources that are located on one or more contiguous or adjacent properties, and are under common control of the same person [or persons under common control]) belonging to a single major industrial grouping and that are described in subsection (A), (B), or (C) of this definition. For the purposes of defining "major source," a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.

(A) A major source under section 112 of the Act, which is defined as (1) For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, ten (10) tons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to section 112(b) of the Act, twenty-five (25) tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as the Administrator may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a...