Arkansas Pollution Control and Ecology Commission Regulation No. 8 (Administrative Procedures): Revised Draft Revisions

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Arkansas Department of Environmental Quality (“ADEQ”) recently posted revised draft revisions to Arkansas Pollution Control and Ecology Commission No. 8 (Administrative Procedures)(“Reg. 8”).

These revisions are a subsequent draft of a version that had been issued on January 25th. (See March 2nd post regarding the January version of the Reg. 8 revisions here.)

Reg. 8 encompasses the administrative procedures for both ADEQ and the Arkansas Pollution Control and Ecology Commission (“Commission”) utilizing various procedures.

The administrative procedures for Reg. 8 address:

  • Permits

  • Grant, loan, and tax credit decisions

  • Enforcement actions

  • Emergency actions

  • Practice and procedure for appeals

  • Rulemaking

  • Other matters

Exhibit A of what is styled the “REVISED Mark-up Draft” are stated to include:

  1. Shortened all references to “electronic mail” to “email;”

  2. Added language to allow submission of documents to ADEQ in other electronic media in an ADEQ-approved format in the following sections

    1. 8.201: Definition of “Public comment;”

    2. 8.306(D);

    3. 8.307(E)(1);

    4. 8.309(E);

    5. 8.404(D)(8);

    6. 8.405(E); and

    7. 8.1006(C);

  3. 3. 8.1002: Changed to ADEQ’s website;

  4. 4. 8.1007: Simplified language;

  5. 5. 8.1018: Changes for consistency with 8.1007

A link to the document can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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