2016 Arkansas Code
Title 8 - Environmental Law
Chapter 4 - Arkansas Water and Air Pollution Control Act
Subchapter 3 - -- Air Pollution
§ 8-4-318. National Ambient Air Quality Standards implementation

(a) (1) The Arkansas Department 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. § 7401 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. § 7401 et seq., or otherwise voluntarily proposed and agreed to by the owner or operator of a stationary source, the department 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 Sections 111, 112, or 129 of the Clean Air Act, 42 U.S.C. § 7411, § 7412, and § 7429.

(3) Unless otherwise voluntarily proposed and agreed to by the owner or operator of a stationary source, the department 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. § 7401 et seq., and the federal regulations promulgated thereto, for the permitting of major source construction;

(B) If necessary in the judgment of the department, 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 department 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.