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8-4-318. National Ambient Air Quality Standards implementation.

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8-4-318. National Ambient Air Quality Standards implementation.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-318

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Stable record: arkansas_code:legal_authorities:8-4-318
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 480bbd45254742f64e263b92f179750c3d58e17b9fbc217e4a9a689423fa7282

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8-4-318. National Ambient Air Quality Standards implementation. (a)(1) The Division of Environmental Quality shall develop NAAQS state implementation plans. (2) Each NAAQS state implementation plan shall include the measures necessary for the attainment and maintenance of the National Ambient Air Quality Standard in each air quality control region or portion of an air quality control region within the state. (b)(1) Except with regard to permitting decisions for major source construction under Part C or D of Title I of the Clean Air Act, 42 U.S.C. § 7470 et seq. or 42 U.S.C. § 7501 et seq., National Ambient Air Quality Standards are not effective until adopted by the Arkansas Pollution Control and Ecology Commission under § 8-4-311(b). (2) Except as required for the permitting of major source construction under Part C or D of Title I of the Clean Air Act, 42 U.S.C. § 7470 et seq. or 42 U.S.C. § 7501 et seq., or otherwise voluntarily proposed and agreed to by the owner or operator of a stationary source, the division shall not mandate for any stationary source measures for the attainment and maintenance of a National Ambient Air Quality Standard until such measures are included in the applicable NAAQS state implementation plan and the NAAQS state implementation plan has been submitted to the United States Environmental Protection Agency. However, this subdivision (b)(2) does not limit or delay the effectiveness of any applicable emission limit or standard promulgated by the United States Environmental Protection Agency under §§ 111, 112, or 129 of the Clean Air Act, 42 U.S.C. § 7411, 42 U.S.C. § 7412, or 42 U.S.C. § 7429. (3) Unless otherwise voluntarily proposed and agreed to by the owner or operator of a stationary source, the division shall not require or consider air dispersion modeling of an air contaminant for which a National Ambient Air Quality Standard has been established in air permitting decisions for stationary sources except: (A) As required by Part C of Title I of the Clean Air Act, 42 U.S.C. § 7470 et seq., and the federal regulations promulgated thereto, for the permitting of major source construction; (B) If necessary in the judgment of the division, with respect to permitting of a temporary source under 42 U.S.C. § 7661c(e); or (C) Pollutant-specific or facility-specific air dispersion modeling explicitly required by an applicable NAAQS state implementation plan submitted to the United States Environmental Protection Agency. (c) This section does not prohibit the division from conducting and considering air dispersion modeling as necessary for the: (1) Development of a state implementation plan; or (2) Development of a general permit under § 8-4-203.

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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

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 7412. 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

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

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 7412. This identifies an authority to review, not proof of applicability.

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

42 U.S.C. § 7429 — Solid waste combustion

**(a) New source performance standards** (1) **In general** (A) The Administrator shall establish performance standards and other requirements pursuant to [section 7411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411&num=0&edition=prelim) and this section for each category of solid waste incineration units. Such standards shall include emissions limitations and other requirements applicable to new units and guidelines (under [section 7411(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411/d&num=0&edition=prelim) and this section) and other requirements applicable to existing units. (B) Standards under [section 7411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411&num=0&edition=prelim) and this section applicable to solid waste incineration units with capacity greater than 250 tons per day combusting municipal waste shall be promulgated not later than 12 months after November 15, 1990. Nothing in this subparagraph shall alter any schedule for the promulgation of standards applicable to such units under [section 7411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411&num=0&edition=prelim) pursuant to any settlement and consent decree entered by the Administrator before November 15, 1990: Provided, That, such standards are subsequently modified pursuant to the schedule established in this subparagraph to include each of the requirements of this section. (C) Standards under [section 7411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411&num=0&edition=prelim) and this section applicable to solid waste incineration units with capacity e

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7429

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 7429. This identifies an authority to review, not proof of applicability.

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

42 U.S.C. § 7429 — Solid waste combustion

Page 7252 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7429 1 So in original. Probably should be ‘‘subsection’’. out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7429. Solid waste combustion (a) New source performance standards (1) In general (A) The Administrator shall establish per- formance standards and other requirements pursuant to section 7411 of this title and this section for each category of solid waste incin- eration units. Such standards shall include emissions limitations and other requirements applicable to new units and guidelines (under section 7411(d) of this title and this section) and other requirements applicable to existing units. (B) Standards under section 7411 of this title and this section applicable to solid waste in- cineration units with capacity greater than 250 tons per day combusting municipal waste shall be promulgated not later than 12 months after November 15, 1990. Nothing in this sub- paragraph shall alter any schedule for the pro- mulgation of standards applicable to such units under section 7411 of this title pursuant to any settlement and consent decree entered by the Administrator before November 15, 1990: Provided, That, such standards are subse- quently modified pursuant to the schedule es- tablished in this subparagraph to include each of the requirements of this section. (C) Standards under section 7411 of this title and this section applicable to solid waste in- cineration units with capacity equal to or less than 250 tons per day combusting municipal waste and units combusting hospital waste, medical waste and infectious waste shall be promulgated not later than 24 months after November 15, 1990. (D) Standards under section 7411 of this title and this section app

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7429

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 7429. This identifies an authority to review, not proof of applicability.

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

42 U.S.C. § 7470 — Congressional declaration of purpose

The purposes of this part are as follows: (1) to protect public health and welfare from any actual or potential adverse effect which in the Administrator’s judgment may reasonably be anticipate 11 So in original. Probably should be “anticipated”. to occur from air pollution or from exposures to pollutants in other media, which pollutants originate as emissions to the ambient air) 22 So in original. Section was enacted without an opening parenthesis., notwithstanding attainment and maintenance of all national ambient air quality standards; (2) to preserve, protect, and enhance the air quality in national parks, national wilderness areas, national monuments, national seashores, and other areas of special national or regional natural, recreational, scenic, or historic value; (3) to insure that economic growth will occur in a manner consistent with the preservation of existing clean air resources; (4) to assure that emissions from any source in any State will not interfere with any portion of the applicable implementation plan to prevent significant deterioration of air quality for any other State; and (5) to assure that any decision to permit increased air pollution in any area to which this section applies is made only after careful evaluation of all the consequences of such a decision and after adequate procedural opportunities for informed public participation in the decisionmaking process.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7470

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

42 U.S.C. § 7470 — Congressional declaration of purpose

Page 7262 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7470 1 So in original. Probably should be ‘‘anticipated’’. 2 So in original. Section was enacted without an opening paren- thesis. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS For provisions relating to stratospheric ozone protec- tion, see section 7671 et seq. of this title. PART C—PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY SUBPART I—CLEAN AIR § 7470. Congressional declaration of purpose The purposes of this part are as follows: (1) to protect public health and welfare from any actual or potential adverse effect which in the Administrator’s judgment may reasonably be anticipate 1 to occur from air pollution or from exposures to pollutants in other media, which pollutants originate as emissions to the ambient air) 2, notwithstanding attainment and maintenance of all national ambient air quality standards; (2) to preserve, protect, and enhance the air quality in national parks, national wilderness areas, national monuments, national sea- shores, and other areas of special national or regional natural, recreational, scenic, or his- toric value; (3) to insure that economic growth will occur in a manner consistent with the preser- vation of existing clean air resources; (4) to assure that emissions from any source in any State will not interfere with any por- tion of the applicable implementation plan to prevent significant deterioration of air quality for any other State; and (5) to assure that any decision to permit in- creased air pollution in any area to which this section applies is made only after careful eval- uation of all the consequences of such a deci- sion and after adequate procedural opportuni- ties for informed public participation in the decisionmaking

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7470

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 7470. This identifies an authority to review, not proof of applicability.

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

42 U.S.C. § 7501 — Definitions

For the purpose of this part— (1) **Reasonable further progress.—** — The term “reasonable further progress” means such annual incremental reductions in emissions of the relevant air pollutant as are required by this part or may reasonably be required by the Administrator for the purpose of ensuring attainment of the applicable national ambient air quality standard by the applicable date. (2) **Nonattainment area.—** — The term “nonattainment area” means, for any air pollutant, an area which is designated “nonattainment” with respect to that pollutant within the meaning of [section 7407(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7407/d&num=0&edition=prelim). (3) The term “lowest achievable emission rate” means for any source, that rate of emissions which reflects— (A) the most stringent emission limitation which is contained in the implementation plan of any State for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable, or (B) the most stringent emission limitation which is achieved in practice by such class or category of source, whichever is more stringent. In no event shall the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowable under applicable new source standards of performance. (4) The terms “modifications” and “modified” mean the same as the term “modification” as used in [section 7411(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411/a/4&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7501

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 7501. This identifies an authority to review, not proof of applicability.

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

42 U.S.C. § 7501 — Definitions

Page 7273 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7502 shall require affected States to revise within 12 months their implementation plans under sec- tion 7410 of this title to contain such emission limits, schedules of compliance, and other meas- ures as may be necessary to carry out regula- tions promulgated pursuant to this subsection. (f) Grand Canyon visibility transport commission The Administrator pursuant to subsection (c)(1) shall, within 12 months, establish a visi- bility transport commission for the region af- fecting the visibility of the Grand Canyon Na- tional Park. (July 14, 1955, ch. 360, title I, § 169B, as added Pub. L. 101–549, title VIII, § 816, Nov. 15, 1990, 104 Stat. 2695; amended Pub. L. 117–286, § 4(a)(269), Dec. 27, 2022, 136 Stat. 4335.) Editorial Notes REFERENCES IN TEXT The Clean Air Act Amendments of 1990, referred to in subsec. (b), probably means Pub. L. 101–549, Nov. 15, 1990, 104 Stat. 2399. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 7401 of this title and Tables. AMENDMENTS 2022—Subsec. (c)(4). Pub. L. 117–286 substituted ‘‘chap- ter 10 of title 5.’’ for ‘‘the Federal Advisory Committee Act.’’ PART D—PLAN REQUIREMENTS FOR NONATTAINMENT AREAS SUBPART 1—NONATTAINMENT AREAS IN GENERAL § 7501. Definitions For the purpose of this part— (1) REASONABLE FURTHER PROGRESS.—The term ‘‘reasonable further progress’’ means such annual incremental reductions in emis- sions of the relevant air pollutant as are re- quired by this part or may reasonably be re- quired by the Administrator for the purpose of ensuring attainment of the applicable national ambient air quality standard by the applicable date. (2) NONATTAINMENT AREA.—The term ‘‘non- attainment area’’ means, for

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7501

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 7501. This identifies an authority to review, not proof of applicability.