Regulatory Text:
PREVENTION OF SIGNIFICANT DETERIORATION SUPPLEMENT
ARKANSAS PLAN OF IMPLEMENTATION FOR AIR POLLUTION CONTROL
(As amended by the Commission on May 25, 1990)
[History: Adopted April 10, 1981; effective April 10, 1981; revised May 24,
1985; revised March 25, 1988; revised May 25, 1990]

(As approved by EPA 05/02/91 (56 FR 20137) at 52.170(c)(28) effective 07/01/91. See 40 CFR Section 52.181 for status of Arkansas PSD regulations in Arkansas SIP.)

Outline:
SECTION 1. TITLE
SECTION 2. PURPOSES
SECTION 3. DEFINITIONS
SECTION 4. ADOPTION OF REGULATIONS
SECTION 5. SEVERABILITY
SECTION 6. EFFECTIVE DATE

 
SECTION 1. TITLE  

The following rules and regulations of the Department of Pollution Control and Ecology of the State of Arkansas, adopted in accordance with the provisions of Part II of the Arkansas Water and Air Pollution Control Act (Ark. Stats. Ann. Section 82-1901 et seq. [recodified as Ark. Code 1987 Sections 8-4-101 through 313]), hereinafter referred to as the "Act", shall be known as the Prevention of Significant  Deterioration Supplement to the Regulations of the Arkansas Plan of Implementation for Air Pollution Control, hereinafter referred to, respectively, as the "PSD Supplement" and the "Regulations of the Plan" and the "Plan."  

SECTION 2. PURPOSES

Promulgation and enforcement of this PSD Supplement is intended to further the purposes of the Plan and the Regulations of the Plan, including but not limited to acceptance of delegation by the U.S. Environmental Protection Agency of authority for enforcement of regulations governing the prevention of significant deterioration of air quality and regulations governing the protection of visibility in mandatory Class I federal areas.

 
SECTION 3. DEFINITIONS

   (a) "Advance notification" (of a permit application) means any written communication which establishes the applicant's intention to construct, and which provides the Department with sufficient information to determine that the proposed source may constitute a major new source or major modification, and that such source may affect any mandatory Class I federal area, including, but not limited to, submittal of a draft or partial permit application, a PSD  monitoring plan, or a sufficiently detailed letter. "Advance  notification" does not include general inquiries about the Department's regulations.

   (b) All other terms used herein shall have the same meaning as set forth in the Regulations of the Plan, or other supplements thereto, or in 40 CFR 52.21(b) [PSD] and 40 CFR 51.301 [Protection of Visibility], all as in effect upon the latest date of amendment of this supplement, unless manifestly inconsistent with the context in which they are used. Wherever there is a difference between the definitions in the Regulations of the Plan, or supplements thereto, and those listed in 40 CFR 52.21(b) and 40 CFR 51.301, the federal definitions as listed in 40 CFR 52.21(b) and 40 CFR 51.301 shall apply.

 
SECTION 4. ADOPTION OF REGULATIONS

   (a) Except where manifestly inconsistent with the provisions of the Clean Air Act, as amended, or with federal regulations adopted pursuant thereto, and as amended specifically herein by paragraphs (b), (c), (d), (e) and (f) of this section, the Arkansas Department of Pollution Control and Ecology shall have those responsibilities and that authority, with reference to the State of Arkansas, granted to the Administrator of the U.S. Environmental Protection Agency under 40 CFR 52.21(b) through (r), as in effect on June 28, 1989, which are hereby incorporated herein by reference, with the exception of 40 CFR 52.21(i)(12), which is not incorporated. In the absence of a specific imposition of responsibility or grant of authority, the Department shall be deemed to have that responsibility and authority necessary to attain the purposes of the Plan, this PSD Supplement, and the  applicable federal regulations, as incorporated herein by reference.

   (b) Exclusions from the consumption of increments, as provided in 40 CFR 52.21(f)(1)(iii), shall be effective immediately. Submission of this Plan under the Governor's signature constitutes a request by the Governor for this exclusion.

   (c) In addition to the requirements of 40 CFR 52.21(o), the following requirements [designated as subparagraphs (4), (5), (6), and (7)] shall also apply:

     (4) Where air quality impact analyses required under this part indicate that the issuance of a permit for any major stationary source or for any major modification would result in the consumption of more than fifty percent (50%) of any available annual increment or eighty percent (80%) of any short term increment, the person applying for such a permit shall submit to the Department an assessment of the following factors:

       (a) Effects that the proposed consumption would have upon the industrial and economic development within the area of the proposed source; and

       (b) Alternatives to such consumption, including alternative siting of the proposed source or portions thereof.

     (5) The assessment required under subparagraph (4) above shall be made part of the application for permit and shall be made available for public inspection as provided in 40 CFR 52.21(q).

     (6) The assessment required under subparagraph (4) above shall be in detail commensurate with the degree of proposed increment consumption, both in terms of the percentage of increment consumed and the area affected.

     (7) The assessment required under subparagraph (4) above may be made effective where a proposed source would cause an increment consumption less than that specified in said subparagraph if the Director finds that unusual circumstances exist in the area of the proposed source which warrant such an assessment. The Director shall notify the applicant in writing of those circumstances which warrant said assessment. The Commission may rescind or modify the Director's action, upon a showing by the applicant that the circumstances alleged by the Director either do not exist or do not warrant the aforecited assessment.

   (d) In addition to the requirements of 40 CFR 52.21(p)(1), the following requirements shall also apply:

Impacts on mandatory Class I federal areas include impacts on visibility. The preliminary determination that a source may affect air quality or visibility in a mandatory Class I federal area shall be made by the Department, based on screening criteria agreed upon by the Department and the Federal Land Manager.

   (e) In all instances wherein the aforesaid 40 CFR 51.301 and 40 FR 52.21 refer to the Administrator or the Environmental Protection Agency, the reference, for the purposes of paragraph (a) of this Section 4, shall be deemed to mean the Department of Pollution Control and Ecology, unless the context plainly dictates otherwise, except in the following sections:

     (1) Exclusion from increment consumption: 40 CFR 52.21(f)(1)(v), (f)(3), and (f)(4)(i);

     (2) Redesignation: 40 CFR 52.21(g)(1), (g)(2), (g)(4), (g)(5), and (g)(6);

     (3) Air quality models: 40 CFR 52.21(1)(2).

   (f) Redesignation of air quality areas in Arkansas shall comply with Act 237 of 1985 [Ark. Code 1987 Section 8-3-101].

 
SECTION 5. SEVERABILITY

If any provision of this PSD Supplement or the application hereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this PSD Supplement which can be given effect without the invalid provision or application, and to this end the provisions of this PSD Supplement are declared to be severable.  

SECTION 6. EFFECTIVE DATE  

This PSD Supplement, or any amendment thereto, shall be in full force and effect twenty days after filing with the Secretary of State.