Arkansas Administrative Code

8 CAR § 11-805. Public hearing proceedings. (a) The presiding officer at a public hearing shall be any commissioner or the Arkansas Pollution Control and Ecology Commission's designee. (b) At the hearing: (1) Any interested person may submit comments, written or oral, on the prop…

8 CAR § 11-806. Written comments. (a) The Arkansas Pollution Control and Ecology Commission prefers that all comments be in writing and filed with the Division of Environmental Quality by: (1) Mail; (2) Facsimile; or (3) Electronic mail. (b) The period for receiving written comme…

8 CAR § 11-807. Emergency rulemaking. (a) If the Arkansas Pollution Control and Ecology Commission determines that imminent peril to the public health, safety, or welfare requires emergency rulemaking, the commission may waive or reduce the notice requirements of 8 CAR §§ 11-801 …

8 CAR § 11-808. Contents of rulemaking docket. (a) A rulemaking docket shall include: (1) A petition containing a caption as set out in 8 CAR § 11-605 and a detailed explanation of the proposed rule; (2) An attached marked-up copy of the entire rule or the specific pages of the r…

8 CAR § 11-809. Third-party petition for rulemaking. Any person may petition the Arkansas Pollution Control and Ecology Commission for the issuance, amendment, or repeal of any rule.

8 CAR § 11-810. Commission deadline on third-party petitions. (a) Within sixty (60) calendar days after the petition is filed with the Arkansas Pollution Control and Ecology Commission, the commission shall either initiate the procedures for adopting the proposed rule or deny the…

8 CAR § 11-811. Procedures for third-party rulemaking. (a) If the Arkansas Pollution Control and Ecology Commission initiates rulemaking in response to a third-party petition, the commission shall give notice of the proposed rule as set forth in 8 CAR §§ 11-801 – 11-803 and shall…

8 CAR § 11-812. Economic impact and environmental benefit analysis requirements. (a) When economic impact and environmental benefit analysis is required. (1) An economic impact and environmental benefit analysis shall be prepared by the proponent of any proposed rulemaking before…

8 CAR § 11-813. Evaluation of economic impact/environmental benefit. (a) Following the public comment period, the Arkansas Pollution Control and Ecology Commission shall review all comments on the original impact/benefit analysis and include in the Statement of Basis and Purpose …

8 CAR § 11-814. Rulemaking record. The Arkansas Pollution Control and Ecology Commission shall compile a rulemaking record consisting of, as appropriate: (1) Copies of all public notices required by 8 CAR §§ 11-801 – 11-803; (2) The proposed rule as published for public notice; (…

8 CAR § 11-815. Statement of Basis and Purpose and Responsive Summary. (a)(1) Before adopting a final rule, the Arkansas Pollution Control and Ecology Commission shall cause to be prepared a concise general Statement of Basis and Purpose and Responsive Summary for the rule. (2)(A…

8 CAR § 11-816. Changes in a rule as a result of public comment. (a) If, as a result of comments, the Arkansas Pollution Control and Ecology Commission changes a proposed rule to the extent that the rule would have an effect not previously expressed in the notice required in 8 CA…

8 CAR § 11-817. Incorporation by reference. (a) The Arkansas Pollution Control and Ecology Commission may, through incorporation by reference, adopt a rule that contains all or portions of the provisions of other laws, i.e., statutes or rules. (b) Unless a contrary intent is expr…

8 CAR § 11-818. Amendment of rules. (a) When amending portions of an existing rule, the Arkansas Pollution Control and Ecology Commission's deliberations shall be restricted to those proposed amendments described in the public notice. (b) Rulemaking proceedings concerning legally…

8 CAR § 11-819. Appeal of rulemaking decision. Any person who reasonably considers himself or herself injured in his or her person, business, or property by a rulemaking decision may, within thirty (30) calendar days after the rulemaking decision is filed with the office of the S…

8 CAR § 11-820. Intent and construction. (a) The rulemaking procedures set out in this subpart are merely minimum procedures that must be followed before the Arkansas Pollution Control and Ecology Commission adopts a proposed rule. (b) Nothing in this subpart shall be construed a…

8 CAR § 11-901. Additional public participation requirement. In addition to the public notice or public hearing provisions set forth in this part, the Arkansas Pollution Control and Ecology Commission and the Division of Environmental Quality shall comply with any other applicabl…

8 CAR § 11-902. Committees of the commission. (a) The Chair of the Arkansas Pollution Control and Ecology Commission may appoint one (1) or more committees comprised of Arkansas Pollution Control and Ecology Commission members to act in an advisory capacity to the full commission…

8 CAR § 11-903. Special meetings. (a)(1) Special Arkansas Pollution Control and Ecology Commission meetings may be called at the discretion of the Chair of the Arkansas Pollution Control and Ecology Commission. (2) Alternatively, if two (2) or more commissioners submit written re…

8 CAR § 11-904. Agenda. The Arkansas Pollution Control and Ecology Commission secretary shall prepare an agenda listing the topics for any commission meeting and shall deliver it to each commissioner and the Director of the Division of Environmental Quality.

8 CAR § 11-905. Request to appear before the commission. (a) Any person may seek to appear before the Arkansas Pollution Control and Ecology Commission by submitting a written request to the commission secretary. (b)(1) In the written request, the person must identify the topic a…

8 CAR § 11-906. Public comments. (a)(1) Any person may address the Arkansas Pollution Control and Ecology Commission during the time allocated on the agenda for public comments. (2) Any person completing a card available at the meeting shall be allowed to address the commission b…

8 CAR § 11-907. Inapplicability. The provisions of Subpart 1 and Subpart 2 of this part do not apply to the Arkansas Pollution Control and Ecology Commission’s rule governing surface coal mining and reclamation pursuant to the Arkansas Surface Coal Mining and Reclamation Act of 1…

8 CAR § 11-908. Repealer. All rules or parts thereof, adopted pursuant to the laws administered by the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality, which are in conflict with the provisions of this part are hereby repealed to the ext…

8 CAR § 11-909. Severability. If any provision of this part or its application to any person or circumstance is held invalid, the invalidity of that provision shall not affect other provisions or applications which can be given effect without the invalid provision or application,…

8 CAR § 11-910. Effective date. This part is effective ten (10) calendar days after filing with the: (1) Secretary of State; (2) Arkansas State Library; and (3) Bureau of Legislative Research.

8 CAR § 12-101. Title. This part shall be known by and may be cited by the short title 8 CAR pt. 12, Permit Fee Rules.

8 CAR § 12-102. Purpose. (a) It is the purpose of this part to develop and implement a system of fees for permits issued by the Division of Environmental Quality pursuant to the provisions of the Arkansas Water and Air Pollution Control Act, Acts 1949, No. 472, as amended, Arkans…

8 CAR § 12-103. Definitions. (a) All terms used in this part shall have their usual meaning unless the context otherwise requires or unless specifically defined in the enabling legislation or in federal regulations adopted by reference for program management. (b) In addition, for…

8 CAR § 12-104. Applicability. (a) Permit fees established by this part shall be applicable to: (1) All water permits, including no-discharge and closed system permits, issued under the provisions of the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq…

8 CAR § 12-105. Severability. If any provision of this part or the application thereof to any person or circumstance is held invalid, its invalidity shall not affect other provisions or applications of this part that can be given effect without the invalid portion or application,…

8 CAR § 12-201. Permit fee payment. (a) Fee calculation. The applicant may calculate the initial permit application fee or permit modification fee and include it with the permit application, or the applicant may request that the Division of Environmental Quality calculate the fee…

8 CAR § 12-202. Refunds. (a) Except for pre-site investigation fees and interim authority or variance application fees as described in Subparts 5 and 6 of this part, up to forty percent (40%) of a fee submitted pursuant to this part is refundable if the request for the permit act…

8 CAR § 12-301. Water permit fees. The permit fee schedule in 8 CAR §§ 12-302 – 12-307 applies to the affected water permit programs in the State of Arkansas.

8 CAR § 12-302. Maximum water permit fees. (a) Actual permit fees shall be calculated and assessed in accordance with the provisions of this section. (b)(1) The following maximum fees for water permits, including construction permits and initial, annual, renewal, and modified per…

8 CAR § 12-303. General provisions. (a) Construction permits. (1) All applicants for construction permits required by Arkansas Code § 8-4-217(b) shall be assessed a fee that shall not exceed five hundred dollars ($500) for each permit or modification thereto, except that liquid a…

8 CAR § 12-304. Fees for permits issued under the National Pollutant Discharge Elimination (NPDES) permits. (a) Nonmunicipal major facilities. (1) All facilities classified as nonmunicipal major facilities, as defined in 8 CAR § 12-103, with a major/minor permit rating (MRAT) equ…

8 CAR § 12-305. General permits. (a)(1) In lieu of the fee schedules described in 8 CAR § 12-304, and except as provided in subsection (b) of this section, permittees authorized to discharge wastewater under a Water Division general permit issued by the Division of Environmental …

8 CAR § 12-306. Fees for non-NPDES permits.(a) Saltwater disposal: Initial Fee……………………………………………………………………… $250 Annual Fee…………………………………………………………………… $250 Modification Fee*…………………………………………………………… $250 (b) Confined animal and small commercial septic tank systems (< 5,000 gallons per…

8 CAR § 12-307. Fees for underground injection control (UIC) permits (injection well classifications are defined in 40 C.F.R. § 144.6). (a) Class I, III, and IV: Initial Fee……………………………………………………………………… $15,000 Annual Fee……………………………………………………………………. $15,000 Modification Fee* Major………

8 CAR § 12-308. Nonmunicipal Domestic Sewage Treatment Works Trust Fund contribution fee. (a) A nonmunicipal domestic sewage treatment work is required to pay a trust fund contribution fee for the Nonmunicipal Domestic Sewage Treatment Works Trust Fund. (b) The trust fund contrib…

8 CAR § 12-309. Administrative permit amendments. (a) There shall be no fee charged for minor water permit modifications involving only administrative amendments or revisions to a permit. (b) For purposes of this subpart, minor modifications are restricted to those defined in 40 …

8 CAR § 12-401. Applicability. The air permit fees contained in this section are applicable to: (1) Non-Part 70 permits; (2) Part 70 permits; and (3) General permits.

8 CAR § 12-402. Terms used in fee formulas. (a)(1) The $/ton factor is sixteen dollars per ton ($16/ton) until September, 1994, after which time it shall be increased annually by the percentage, if any, by which the federal consumer price index exceeds that of the previous year. …

8 CAR § 12-403. Initial fees. (a) Initial fees shall be assessed according to the following formulas. (b)(1) Non-Part 70 permits: Initial fee = $/ton factor x tons/year predominant air contaminant (2) Provided, however, no initial fee shall be less than five hundred dollars ($500…

8 CAR § 12-404. Annual fees. (a) Annual fees shall be assessed according to the following formulas: (b)(1) Non-Part 70 permits: Annual fee = $/ton factor x tons/year predominant air contaminant (2) Provided, however, that no annual fee shall be charged for a permit in which the t…

8 CAR § 12-405. Modification fees. (a) Modification and renewal fees for air permits shall be assessed according to the following formulas. (b)(1) Non-Part 70 permits: Modification fee = $/ton factor x tons/year net emissions increase of predominant air contaminant (2) However, n…