014.01.19 Ark. Code R. § 001

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Year: 2023
• Citation: 014.01.19 Ark. Code R. § 001

CHAPTER 1 :TITLE, INTENT, AND PURPOSE

Reg 19.101 Title The following rules and regulations, adopted in accordance with the provisions of Subchapter 2 of the Arkansas Water and Air Pollution Control Act, Arkansas Code Annotated (Ark. Code Ann.) § 8Powers and duties of department and commission generally8-4-201 et seq., shall be known as "Regulations of the Arkansas Plan of Implementation of Air Pollution Control," hereinafter referred to as the "Regulations of the Plan," and "Regulation 19."

Reg. 19.102 Applicability These regulations are applicable to any stationary source which has the potential to emit any federally regulated air pollutant.

Reg. 19.103 Intent and Construction(A) The purpose and intent of Regulation 19, as amended, is to provide a clear delineation of those regulations 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 Department 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. § 40Prevention of significant deterioration of air quality52.21 ), 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 Department for administration. (B) Regulation 19 as amended, is further intended to limit the federal enforceability of its requirements to only those mandated by federal law. Regulation 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) Regulation 19, as amended, presumes a single-permit system, encompassing both federal and state requirements. A regulated facility which is subject to permitting under Regulation 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 Regulation 19, as well as conditions predicated solely on state law. Regulation 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 Regulation 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, Regulation 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. § 8Legislative intent8-4-301 et seq.) are aids for construing the requirements of Regulation 19. 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. (E) Nothing in Regulation 19 shall be construed as curtailing the Department's or Commission's authority under state law.

Reg. 19.104 Severability If any provision of Regulation 19 is determined to be invalid such invalidity shall not affect other provisions of Regulation 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 Regulation 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 Regulation 19 due to the federal legislation or federal court order.

CHAPTER 2 :DEFINITIONS

Terms and phrases used in this regulation which are not explicitly defined herein shall have the same meaning as those terms which are used in the federal Clean Air Act. For purposes of this regulation:

"12-month period" means a period of 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 federally regulated air pollutants emitted from a stationary source considering emissions control equipment and actual hours of source operation or amount of material processed.

"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 final 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.

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

"Construction" means fabrication, erection, or installation of equipment. See also 40 C.F.R. § 40Definitions60.2, 40 C.F.R. § 51.165, and 40 C.F.R. § 40Prevention of significant deterioration of air quality52.21.

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

"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 Arkansas Department of Environmental Quality, or its successor, acting directly or through the staff of the Department.

"Emission limitation" and "emission standard" mean a requirement established by the Department or the Administrator of the EPA which limits the emissions of federally regulated air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction.

"Emission unit" means any article, machine, equipment, operation, or contrivance that emits or has the potential to emit any federally regulated air pollutant.

"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 a federally regulated air pollutant 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.

"Federally regulated air pollutant" means the following:

(A) Nitrogen oxides or any volatile organic compounds;

(B) Any pollutant for which a National Ambient Air Quality Standard has been promulgated;

(C) Except as provided in (E), any pollutant that is subject to any standard promulgated under 42 U.S.C. § 42Congressional findings and declaration of purpose7401, et seq., as of the effective date of this regulation;

(D) Any Class I or 11 substance subject to a standard promulgated under or established by Title VI of the Clean Air Act, 42 U.S.C. § 42Congressional findings and declaration of purpose7401, et seq. as amended as of July 1,1997.

(E) GHGs, except that GHGs shall not be a Federally Regulated Air Pollutant unless the GHG emissions are:(1) from a stationary source emitting or having the potential to emit 75,000 tpy CO2e emissions or more; and (2) regulated under Chapter 9 of this Regulation 19 "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. Those emissions are those that, according to customary and good engineering practice, considering technological and economic feasibility, could not pass through a stack,...