1. (a) To establish minimum performance standards for the abatement of ACM under the act, specific regulations promulgated by the United States Environmental Protection Agency in 40 C.F.R. pt. 61, subpt. M (National Emissions Standards for Hazardous Air Pollutants), are hereby adopted as provisions of the rule as though set forth herein line for line and word for word with the exception that:

   1. (1) All reference therein to the Administrator shall be considered as reference to the Director of the Division of Environmental Quality; and
   2. (2) All reference to the United States Environmental Protection Agency shall be considered a reference to the Division of Environmental Quality.
2. (b) Further, the effective date of provisions adopted herein by reference as provisions of this rule shall be the date such provisions are specified as being effective by the Arkansas Pollution Control and Ecology Commission in its rulemaking, and the effective date of the federal regulations adopted herein shall have no bearing on the effective date of any provisions of this part.

3. (c) The following federal regulations are hereby adopted from 40 C.F.R. pt. 61, subpt. M:

   1. (1) Section 61.140;
   2. (2) Section 61.141;
   3. (3) Section 61.145;
   4. (4) Section 61.147;
   5. (5) Section 61.148;
   6. (6) Section 61.150;
   7. (7) Section 61.151;
   8. (8) Section 61.152; and
   9. (9) Section 61.154.
4. (d) All are as adopted as final rules by the United States Environmental Protection Agency on or before December 14, 2000, and 40 C.F.R pt. 763, subpt. E, app. C, as adopted as interim final rule by the United States Environmental Protection Agency on or before February 3, 1994.

5. (e)

   1. (1) The commission, within one hundred eighty (180) days after the date of promulgation of any new or revised federal regulations pertaining to National Emissions Standards for Hazardous Air Pollutants or the Toxic Substances Control Act, Asbestos Model Accreditation Plan, shall conduct rulemaking with reference to this rule to adopt such provisions.
   2. (2) Such new or revised federal regulations, upon the date of their publication as final rules of the United States Environmental Protection Agency, shall constitute minimum guidelines to the commission in formulating rulemaking proposals to this rule but shall not be construed to limit or to interfere with the adoption of provisions more stringent than federal regulations.

Codification Notes: The Toxic Substances Control Act was enacted as Pub. L. No. 94-469.