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8-3-201. Findings — Purpose.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-3-201. Findings — Purpose.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-3-201

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:8-3-201
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f92342c7405a09b94a0677102ba28f321403de31c61b144d5d1a58bbe29ca1fa

Source location: content.xml paragraph 753

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8-3-201. Findings — Purpose. (a) The General Assembly finds that: (1) The United States Environmental Protection Agency has proposed emission guidelines for the regulation of carbon dioxide emissions from existing fossil-fuel-fired electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d); (2) The proposed guidelines will have a major impact on the economy of Arkansas by regulating how electricity is produced, transmitted, distributed, and consumed within the state; (3) The United States Environmental Protection Agency requires states to take the lead role in the regulation of existing fossil-fuel-fired electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d), by developing state plans for the establishment and implementation of performance standards for reducing carbon dioxide emissions from fossil-fuel-fired electric generating units; (4) The role of the United States Environmental Protection Agency is limited to establishing federal emission guidelines that assist the states in the development of their state plans to regulate carbon dioxide emissions from existing fossil-fuel-fired electric generating units and, in establishing federal emission guidelines, the United States Environmental Protection Agency must defer to the states regarding methods for regulating fossil-fuel-fired electric generating units within their jurisdictions; and (5) This subchapter expresses the intent of the General Assembly to exercise the powers of the General Assembly under Arkansas Constitution, Article 5, § 42, to: (A) Review and approve state agency rules; (B) Ensure that rules become effective only after review and approval by the legislative committee charged with review of the rules; and (C) Review rules during the interim or a regular, special, or fiscal session of the General Assembly. (b) The purpose of this subchapter is to ensure that: (1) Before the submission of a state plan to the United States Environmental Protection Agency, the rules of the Arkansas Pollution Control and Ecology Commission that implement the state plan are reviewed and approved by the General Assembly through the Legislative Council consistent with Arkansas Constitution, Article 5, § 42, and any laws promulgated pursuant to Arkansas Constitution, Article 5, § 42; and (2) The state plan is reviewed through a transparent public process that assesses the full impact of the state plan on rates, reliability, employment, and manufacturing greenhouse gas leakage. (c) This subchapter does not create a private right of action for enforcement purposes.

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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.