(a)

1. (1) Part 40 consists of those rules deemed necessary and desirable by the Arkansas Pollution Control and Ecology Commission for control of air pollution pursuant to its rulemaking mandates under state law, Arkansas Code §§ 8-4-311(b)(1) and 8-1-203(b)(1).
2. (2) Part 40 should be construed as consistent with the legislative intent and purpose of air pollution control regulations set out in Arkansas Code §§ 8-4-301 and 8-4-302, as those provisions apply to the Division of Environmental Quality’s permitting, enforcement, and administrative functions, Arkansas Code § 8-1-202, and the commission’s rulemaking and adjudicatory functions, Arkansas Code § 8-1-203.

(b)

1. (1) By authority of the same state law, the commission has also adopted 8 CAR pt. 41, Rules of the Arkansas Plan of Implementation for Air Pollution Control, and 8 CAR pt. 42, Rules of the Arkansas Operating Air Permit Program, which deal exclusively with regulations compelled by federal mandates and which are to some extent federally enforceable.

2. (2)

   1. (A) It is the specific intent of this part to preclude federal enforceability of the requirements of this part.
   2. (B) Part 40 permits or permit conditions issued under its authority, or enforcement issues arising from this part, shall not be deemed to be federally enforceable.

(c)

1. (1) To the extent consistent with state law and efficient protection of the state’s air quality, this part shall be construed in a manner that promotes:

   1. (A) A streamlined permitting process;
   2. (B) Mitigation of regulatory costs; and
   3. (C) Flexibility in maintaining compliance with regulatory mandates.
2. (2) Any applicable documents, e.g., “White Papers”, regulatory preambles, or interpretive memoranda, issued by the United States Environmental Protection Agency which are consistent with this policy and the legislative intent of state laws governing air pollution control, Arkansas Code § 8-4-301 et seq., are aids for construing the requirements of this part.
3. (3) Any procedure applicable to major sources that promotes operational flexibility are presumed to be authorized by this part unless manifestly inconsistent with its substantive terms.

(d) In all applications of this part, the division and commission shall be guided to a resolution that categorically assures that:

1. (1) The least possible injury will be done to human, plant, or animal life or to property;
2. (2) The public enjoyment of the state’s air quality resources will be maintained; and
3. (3) The resolution is consistent with the economic and industrial well-being of the state.