8 CAR § 41-103. Intent and construction

(a)(1) The purpose and intent of this part, as amended, is to provide a clear delineation of those rules that are promulgated by the Arkansas Pollution Control and Ecology Commission in satisfaction of certain requirements of the Clean Air Act, and the federal regulations stemming therefrom. (2) Federal programs that the Division of Environmental Quality is responsible for administering include, but are not limited to: (A) The attainment and maintenance of the national ambient air quality standards (40 C.F.R. pt. 50); (B) Certain delegated subparts of the new source performance standards (40 C.F.R. pt. 60); (C) Provisions designed for the prevention of significant deterioration (40 C.F.R. § 52.21); (D) Minor new source review as described in Subpart 3 of this part (40 C.F.R. pt. 51); and (E) Certain delegated subparts of the national emission standards for hazardous air pollutants (40 C.F.R. pts. 61 and 63). (3) This subsection shall not be construed as limiting the future delegation of federal programs to the division for administration. (b)(1) This part, as amended, is further intended to limit the federal enforceability of its requirements to only those mandated by federal law. (2) This part, 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)(1) This part, as amended, presumes a single-permit system, encompassing both federal and state requirements. (2) A regulated facility that is subject to permitting under this part shall be required to apply for and comply with only one (1) permit, even though that permit may contain conditions derived from the federal mandates contained in this part, as well as conditions predicated solely on state law. (3) This part, 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 this part. (4) 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)(1) To the extent consistent with state law and efficient protection of the state’s air quality, this part shall be construed in a manner that promotes: (A) A streamlined permitting process; (B) Mitigation of regulatory costs; and (C) Flexibility in maintaining compliance with federal mandates. (2) Any applicable documents (e.g., “White Papers”, regulatory preambles, or interpretive memoranda) issued by the United States Environmental Protection Agency that are consistent with this part and the legislative intent of state laws governing air pollution control (Arkansas Code § 8-4-301 et seq.) are aids for construing the requirements of this part. (3) Any procedure applicable to major sources that promotes operational flexibility are presumed to be authorized by this part unless manifestly inconsistent with its substantive terms. (e) Nothing in this part shall be construed as curtailing the division’s or commission’s authority under state law.