Browse Arkansas Code titles and sections
8-3-209. Waiver of review and approval procedures for emissions plans.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-3-209. Waiver of review and approval procedures for emissions plans.
(a) The Division of Environmental Quality may seek a waiver of review and approval procedures for emissions plans from the Legislative Council if the division determines that final federal emission guidelines do not require any one (1) or more of the following:
(1) Shifting generation from electric generating units powered by one fuel type to another fuel type;
(2) Closing any fossil fuel-fired electric generating unit; or
(3) Imposing a statewide greenhouse gas goal or other statewide greenhouse gas emissions limitation.
(b) A request to the Legislative Council under subsection (a) of this section shall include an explanation of how the final 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, do not require any of the factors in subsection (a) of this section.
(c) The division shall not seek a waiver under subsection (a) of this section until the United States Environmental Protection Agency promulgates 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).
(d) An affirmative majority vote of the Legislative Council is required to grant a waiver of review and approval procedures for a state plan.
(e) If the Legislative Council grants a waiver under this section, then all requirements in §§ 8-3-203 and 8-3-205 — 8-3-207 are waived.
(f) If the Legislative Council grants a waiver under this section, the division may submit a state plan to the United States Environmental Protection Agency.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-3-209
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:8-3-209
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b3c84df18415dae14ea162c7fb9511970aa880633c9117d6e52e7869ea8dc8f7
Source location: content.xml paragraph 891
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8-3-209. Waiver of review and approval procedures for emissions plans.
(a) The Division of Environmental Quality may seek a waiver of review and approval procedures for emissions plans from the Legislative Council if the division determines that final federal emission guidelines do not require any one (1) or more of the following:
(1) Shifting generation from electric generating units powered by one fuel type to another fuel type;
(2) Closing any fossil fuel-fired electric generating unit; or
(3) Imposing a statewide greenhouse gas goal or other statewide greenhouse gas emissions limitation.
(b) A request to the Legislative Council under subsection (a) of this section shall include an explanation of how the final 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, do not require any of the factors in subsection (a) of this section.
(c) The division shall not seek a waiver under subsection (a) of this section until the United States Environmental Protection Agency promulgates 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).
(d) An affirmative majority vote of the Legislative Council is required to grant a waiver of review and approval procedures for a state plan.
(e) If the Legislative Council grants a waiver under this section, then all requirements in §§ 8-3-203 and 8-3-205 — 8-3-207 are waived.
(f) If the Legislative Council grants a waiver under this section, the division may submit a state plan to the United States Environmental Protection Agency.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-3-203. State plan preferred — State plan dependent on federal emission guidelines.
(a)(1) This subchapter does not require the Division of Environmental Quality to develop a state plan to regulate 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) However, submission of a state plan is the preferred method of compliance with federal emission guidelines.
(b)(1) Notwithstanding approval by the Legislative Council of submission of a state plan to the United States Environmental Protection Agency or submission by the Governor of a state plan under § 8-3-207, further action by a state agency to implement or enforce a final, approved state plan is dependent upon the final adoption of the federal emission guidelines.
(2) If the federal emission guidelines are not adopted or are adopted and subsequently suspended or held to be contrary to law, a state agency shall suspend or terminate, as appropriate, further action to implement or enforce the state plan.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-3-203
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. The source passage cites 8-3-203. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-3-205. Assessing effects of state plan.
(a) Before completing a state plan for regulating carbon dioxide emissions from covered electric generating units, the Division of Environmental Quality shall prepare a report that takes into account the factors specified in § 8-4-312 and the Clean Air Act, 42 U.S.C. § 7401 et seq., as applicable.
(b)(1) In addition to the report specified in subsection (a) of this section, the division shall coordinate with the Arkansas Public Service Commission in the preparation of a report that assesses the effects of the state plan on the electric power sector, including without limitation:
(A) The ability of the state to provide affordable electricity through diversified sources of electricity generation;
(B) The type and amount of electric generating capacity within the state that is likely to withdraw from the state or switch to another fuel;
(C) Stranded investment in electric generating and transmission capacity and other assets and infrastructure;
(D) Potential risks to electric reliability within the state, including without limitation resource adequacy risks, transmission constraints, and natural gas supply and transmission adequacy; and
(E)(i) The amount by which retail electricity and any replacement fuel prices within the state are forecast to increase.
(ii) A rate impact assessment shall consider nonfuel costs, including generation, transmission, distribution, surcharges for renewable energy and energy efficiency, capital investment, upgrades to meet environmental requirements, utility profits, financing costs for new investments, unappreciated capital assets retired prematurely, and other nonfuel costs and surcharges, and the amount of funds contributed from all in-state taxpayers to local, state, and federal su
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-3-205
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. The source passage cites 8-3-205. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-3-207. Procedures for approval of state plan.
(a) Before transmitting a state plan to the Governor for submission of the state plan to the United States Environmental Protection Agency, the Division of Environmental Quality shall transmit to the cochairs of the Legislative Council a copy of the state plan and the accompanying report developed under § 8-3-205.
(b)(1) Upon receiving the state plan and the accompanying report transmitted under subsection (a) of this section and after sufficient time has been provided to assess the state plan and the accompanying report, the Legislative Council shall vote on approval of the state plan.
(2) An affirmative majority vote of the Legislative Council is required for approval of the state plan.
(c) If the Legislative Council fails to approve a state plan under subsection (b) of this section, the division may submit a revised version of the state plan, with an accompanying revised report, to the cochairs of the Legislative Council for approval under this section.
(d) Notwithstanding the provisions of this subchapter, in the absence of legislative approval under subsection (b) of this section, the Governor may direct the submission of a state plan to the United States Environmental Protection Agency if, in his or her judgment:
(1) Sufficient time has passed for the Legislative Council to consider a state plan submitted by the division for legislative approval;
(2) Further delay would result in the failure to submit a state plan by the relevant deadline for submission; and
(3) Failure to submit a state plan would likely result in the imposition of a federal implementation plan.
(e) This subchapter does not eliminate the requirement of legislative approval of rules promulgated to implement or enforce the state plan
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-3-207
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. The source passage cites 8-3-207. This identifies an authority to review, not proof of applicability.