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8-3-103. Hydrogen sulfide emissions — Definition.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-3-103. Hydrogen sulfide emissions — Definition.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-3-103

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Stable record: arkansas_code:legal_authorities:8-3-103
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b16ea954702ef08b11317ccbabbcef86453a4245ead5c1eda6682c9fbcb99d64

Source location: content.xml paragraph 703

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8-3-103. Hydrogen sulfide emissions — Definition. (a)Ambient Concentration Standard. (1) Except as provided in subsection (d) of this section, no person shall cause or permit emissions from any facility that result in predicted ambient hydrogen sulfide concentrations at any place beyond the facility's perimeter property boundary greater than eighty parts per billion (80 ppb) for any eight-hour averaging period for residential areas, or greater than one hundred parts per billion (100 ppb) for any eight-hour averaging period for nonresidential areas. (2) No person shall cause or permit emissions from any facility that result in actual ambient hydrogen sulfide concentrations at any place beyond the facility's perimeter property boundary greater than twenty parts per million (20 ppm) for any five-minute averaging period. (b) Method of Prediction. All estimates of ambient concentrations required under this section shall be performed by the Division of Environmental Quality or performed by the facility and approved by the division based on the facility's potential to emit hydrogen sulfide, the applicable air quality models, databases, and other requirements specified in the “Guideline on Air Quality Models (Revised)” (1986), supplement A (1987) and supplement B (1993). (c)Compliance Plan. (1) In the event the standard is predicted to be exceeded, the facility or facilities whose emissions are found to contribute to the excess shall be given a reasonable period of time to undertake measures to demonstrate compliance, such as a site-specific risk assessment that demonstrates that the emissions do not pose a risk to human health at the nearest public receptor, ambient monitoring, that demonstrates that the standard is not being exceeded, or undertaking emission reduction measures to reduce emissions of hydrogen sulfide such that the standard will not be exceeded. (2) The compliance measures and schedule of compliance shall be stated in an enforceable settlement agreement or permit modification or, if the facility does not have an existing permit, an enforcement order. (d)Control Technology Requirements. (1) General Requirements. Rather than demonstrate compliance with the ambient limit contained in subsection (a) of this section, a facility may elect to install and operate or continue to operate appropriate control technology that addresses hydrogen sulfide emissions for that source or source category. (2)Determination of Appropriate Control Technology. (A) For purposes of this section, “appropriate hydrogen sulfide control technology” means control technology, operational practices, or some combination thereof, which will result in the lowest emissions of hydrogen sulfide that a particular facility is reasonably capable of meeting, considering technological and economic feasibility. (B) Compliance with all applicable portions of the following technology standards, in accordance with the schedule set forth in such standards, shall be deemed to be compliance with appropriate hydrogen sulfide control technology: (i) Maximum Achievable Control Technology Standards issued pursuant to § 112 of the Clean Air Act, 42 U.S.C. § 7412, promulgated at 40 C.F.R. Part 63, when compliance with such standards will reduce hydrogen sulfide emissions; (ii) Standards of Performance for New Stationary Sources, promulgated at 40 C.F.R. Part 60: (a) Standards of Performance for Petroleum Refineries, 40 C.F.R. Part 60, Subpart J; (b) Standards of Performance for Kraft Pulp Mills, 40 C.F.R. Part 60, Subpart BB; (c) Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry, 40 C.F.R. Part 60, Subpart VV; (d) Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries, 40 C.F.R. Part 60, Subpart GGG; (e) Standards of Performance for Equipment Leaks of VOC from Onshore Natural Gas Processing Plants, 40 C.F.R. Part 60, Subpart KKK; or (f) Standards of Performance for SO2 Emissions from Onshore Natural Gas Processing, 40 C.F.R. Part 60, Subpart LLL; or (iii) National Emission Standards for Hazardous Air Pollutants under Title III of the Clean Air Act, 42 U.S.C. § 7601 et seq., and standards of performance promulgated pursuant to § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d), when compliance with such standards will reduce hydrogen sulfide emissions. (C) A facility that is not subject to one (1) of the technology limits listed in subdivision (d)(2)(B) of this section and that wishes to apply appropriate hydrogen sulfide control technology may apply to the division for a determination of appropriateness at any time, but no later than ninety (90) days after a determination that the ambient standard has been exceeded. The application shall be made on such forms and contain such information as the division may require and shall include a reasonable time schedule for implementation. When making a determination of appropriateness, the division shall follow the procedures used for making permitting decisions, including public participation requirements. (D) The ambient standard shall not apply to the following facilities: (i) Natural gas pipelines and related facilities that do not transmit gas with a concentration of hydrogen sulfide in excess of four parts per million (4 ppm); (ii) Natural gas gathering and production pipelines and related facilities that do not transmit gas with a concentration of hydrogen sulfide in excess of thirty parts per million (30 ppm); (iii) Brine pipelines that carry natural gas as a byproduct of the brine; (iv) Wastewater treatment facilities; and (v) Oil and gas drilling and production operations and facilities from the wellhead to the custodial transfer meter as that term is defined by law. (e) The Oil and Gas Commission is hereby delegated the authority to set hydrogen sulfide standards for oil and gas drilling and production facilities from the wellhead to the custodial transfer meter.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7411 — Standards of performance for new stationary sources

**(a) Definitions** For purposes of this section: (1) The term “standard of performance” means a standard for emissions of air pollutants which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. (2) The term “new source” means any stationary source, the construction or modification of which is commenced after the publication of regulations (or, if earlier, proposed regulations) prescribing a standard of performance under this section which will be applicable to such source. (3) The term “stationary source” means any building, structure, facility, or installation which emits or may emit any air pollutant. Nothing in subchapter II of this chapter relating to nonroad engines shall be construed to apply to stationary internal combustion engines. (4) The term “modification” means any physical change in, or change in the method of operation of, a stationary source which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted. (5) The term “owner or operator” means any person who owns, leases, operates, controls, or supervises a stationary source. (6) The term “existing source” means any stationary source other than a new source. (7) The term “technological system of continuous emission reduction” means— (A) a technological process for production or operation by any source which is inherently low-polluting or nonpolluting, or (B) a technological system for continuous reduction of the pollution generated by a s

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7411

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 7411. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7411 — Standards of performance for new sta-

Page 7195 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7411 1 See References in Text note below. strued as repealing or modifying the powers of the Ad- ministrator with respect to any conference convened under section 108(d) of the Clean Air Act [section 7415 of this title] before the date of enactment of this Act [Dec. 31, 1970]. ‘‘(b) Regulations or standards issued under this title II of the Clean Air Act [subchapter II of this chapter] prior to the enactment of this Act [Dec. 31, 1970] shall continue in effect until revised by the Administrator consistent with the purposes of such Act [this chap- ter].’’ FEDERAL ENERGY ADMINISTRATOR ‘‘Federal Energy Administrator’’, for purposes of this chapter, to mean Administrator of Federal Energy Ad- ministration established by Pub. L. 93–275, May 7, 1974, 88 Stat. 97, which is classified to section 761 et seq. of Title 15, Commerce and Trade, but with the term to mean any officer of the United States designated as such by the President until Federal Energy Adminis- trator takes office and after Federal Energy Adminis- tration ceases to exist, see section 798 of Title 15, Com- merce and Trade. Federal Energy Administration terminated and func- tions vested by law in Administrator thereof trans- ferred to Secretary of Energy (unless otherwise specifi- cally provided) by sections 7151(a) and 7293 of this title. § 7411. Standards of performance for new sta- tionary sources (a) Definitions For purposes of this section: (1) The term ‘‘standard of performance’’ means a standard for emissions of air pollut- ants which reflects the degree of emission lim- itation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction and any nonair

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7411

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 7411. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7412 — Hazardous air pollutants

**(a) Definitions** For purposes of this section, except subsection (r)— (1) **Major source** — The term “major source” means 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 considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants. The Administrator may establish a lesser quantity, or in the case of radionuclides different criteria, for a major source than that specified in the previous sentence, on the basis of the potency of the air pollutant, persistence, potential for bioaccumulation, other characteristics of the air pollutant, or other relevant factors. (2) **Area source** — The term “area source” means any stationary source of hazardous air pollutants that is not a major source. For purposes of this section, the term “area source” shall not include motor vehicles or nonroad vehicles subject to regulation under subchapter II. (3) **Stationary source** — The term “stationary source” shall have the same meaning as such term has under [section 7411(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411/a&num=0&edition=prelim). (4) **New source** — The term “new source” means a stationary source the construction or reconstruction of which is commenced after the Administrator first proposes regulations under this section establishing an emission standard applicable to such source. (5) **Modification** — The term “modification” means any physical change in, or change in the method of operation of, a major source which increases the actual emissions of any hazardous air pollutant emitted by such source by more

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7412

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7412 — Hazardous air pollutants

Page 7200 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7412 such regulations are proposed that, at a minimum, re- quire any source subject to such revised standards to emit sulfur dioxide at a rate not greater than would have resulted from compliance by such source with the applicable standards of performance under this section [amending sections 7411 and 7479 of this title] prior to such revision. ‘‘(c) APPLICABILITY.—The provisions of subsections (a) [amending this section] and (b) apply only so long as the provisions of section 403(e) of the Clean Air Act [42 U.S.C. 7651b(e)] remain in effect.’’ PENDING ACTIONS AND PROCEEDINGS Suits, actions, and other proceedings lawfully com- menced by or against the Administrator or any other officer or employee of the United States in his official capacity or in relation to the discharge of his official duties under act July 14, 1955, the Clean Air Act, as in effect immediately prior to the enactment of Pub. L. 95–95 [Aug. 7, 1977], not to abate by reason of the taking effect of Pub. L. 95–95, see section 406(a) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS, DETERMINATIONS, CONTRACTS, CERTIFI- CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONS All rules, regulations, orders, determinations, con- tracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursu- ant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see se

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7412

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7601 — Administration

**(a) Regulations; delegation of powers and duties; regional officers and employees** (1) The Administrator is authorized to prescribe such regulations as are necessary to carry out his functions under this chapter. The Administrator may delegate to any officer or employee of the Environmental Protection Agency such of his powers and duties under this chapter, except the making of regulations subject to [section 7607(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7607/d&num=0&edition=prelim), as he may deem necessary or expedient. (2) Not later than one year after August 7, 1977, the Administrator shall promulgate regulations establishing general applicable procedures and policies for regional officers and employees (including the Regional Administrator) to follow in carrying out a delegation under paragraph (1), if any. Such regulations shall be designed— (A) to assure fairness and uniformity in the criteria, procedures, and policies applied by the various regions in implementing and enforcing the chapter; (B) to assure at least an adequate quality audit of each State’s performance and adherence to the requirements of this chapter in implementing and enforcing the chapter, particularly in the review of new sources and in enforcement of the chapter; and (C) to provide a mechanism for identifying and standardizing inconsistent or varying criteria, procedures, and policies being employed by such officers and employees in implementing and enforcing the chapter. **(b) Detail of Environmental Protection Agency personnel to air pollution control agencies** Upon the request of an air pollution control agency, personnel of the Environmental Protection Agency may be detailed to such agency for the purpose of carrying out

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7601

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7601 — Administration

Page 7383 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7601 1 So in original. Probably should refer to part D of subchapter I. Editorial Notes REFERENCES IN TEXT The Solid Waste Disposal Act, referred to in subsec. (c)(2)(D), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795. Subtitle I of the Act is classi- fied generally to subchapter IX (§ 6991 et seq.) of chap- ter 82 of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 6901 of this title and Tables. November 15, 1990, referred to in subsec. (e)(3), was in the original ‘‘the date of the Clean Air Act Amend- ments of 1990’’, which was translated as meaning the date of enactment of Pub. L. 101–549, which enacted this section, to reflect the probable intent of Congress. § 7590. General provisions (a) State refueling facilities If any State adopts enforceable provisions in an implementation plan applicable to a non- attainment area which provides that existing State refueling facilities will be made available to the public for the purchase of clean alter- native fuels or that State-operated refueling fa- cilities for such fuels will be constructed and op- erated by the State and made available to the public at reasonable times, taking into consider- ation safety, costs, and other relevant factors, in approving such plan under section 7410 of this title and part D,1 the Administrator may credit a State with the emission reductions for pur- poses of part D 1 attributable to such actions. (b) No production mandate The Administrator shall have no authority under this part to mandate the production of clean-fuel vehicles except as provided in the California pil

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7601

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 7601. This identifies an authority to review, not proof of applicability.