Compliance Advisory Panel — Small Business Stationary Source Technical and Environmental Compliance Assistance Program

Ark. Code Ann. § 8-4-314 — under Arkansas Water and Air Pollution Control Act.

Ark. Code Ann. § 8-4-314

(a) There is created a Compliance Advisory Panel composed of seven (7) individuals.

(b) The panel shall consist of:(1) Two (2) members appointed by the Governor to represent the general public who are not owners or representatives of owners of small business stationary sources;(2) Two (2) members selected by the Speaker of the House of Representatives who are owners or who represent owners of small business stationary sources;(3) Two (2) members selected by the President Pro Tempore of the Senate who are owners or who represent owners of small business stationary sources; and(4) One (1) member selected by the Director of the Division of Environmental Quality who shall serve as a nonvoting member except when his or her vote is needed to break a tie vote.

(1) Two (2) members appointed by the Governor to represent the general public who are not owners or representatives of owners of small business stationary sources;

(2) Two (2) members selected by the Speaker of the House of Representatives who are owners or who represent owners of small business stationary sources;

(3) Two (2) members selected by the President Pro Tempore of the Senate who are owners or who represent owners of small business stationary sources; and

(4) One (1) member selected by the Director of the Division of Environmental Quality who shall serve as a nonvoting member except when his or her vote is needed to break a tie vote.

(c) (1) Each member shall serve a term of four (4) years.(2) In the event of a vacancy in the membership of the panel concerning the member appointed by the director, the director shall appoint a person to fill the vacancy for the remainder of the unexpired term.

(1) Each member shall serve a term of four (4) years.

(2) In the event of a vacancy in the membership of the panel concerning the member appointed by the director, the director shall appoint a person to fill the vacancy for the remainder of the unexpired term.

(d) (1) The panel shall hold at least one (1) regular meeting each calendar year quarter at a time and place determined by the panel.(2) Special meetings may be called at the discretion of the chair.

(1) The panel shall hold at least one (1) regular meeting each calendar year quarter at a time and place determined by the panel.

(2) Special meetings may be called at the discretion of the chair.

(e) (1) The panel shall select a chair by a majority vote of the membership.(2) Each chair shall serve a term of one (1) year.

(1) The panel shall select a chair by a majority vote of the membership.

(2) Each chair shall serve a term of one (1) year.

(f) Four (4) members of the panel shall constitute a quorum to transact business.

(g) The members of the panel may receive expense reimbursement in accordance with § 25-16-901 et seq.

(h) (1) If a vacancy occurs in an appointed position for any reason, the vacancy shall be filled by appointment by the official who made the appointment.(2) The new appointee shall serve for the remainder of the unexpired term.

(1) If a vacancy occurs in an appointed position for any reason, the vacancy shall be filled by appointment by the official who made the appointment.

(2) The new appointee shall serve for the remainder of the unexpired term.

(i) The panel shall perform the following duties for the Small Business Stationary Source Technical and Environmental Compliance Assistance Program:(1) Render advisory opinions concerning the effectiveness of the program, difficulties encountered, and degree and severity of enforcement;(2) Make periodic reports to the Administrator of the United States Environmental Protection Agency concerning the compliance of the program with the requirements of the Paperwork Reduction Act of 1980, the Regulatory Flexibility Act, 5 U.S.C. § 601 et seq., and the Equal Access to Justice Act, 5 U.S.C. § 504, 28 U.S.C. § 2412, and 42 U.S.C. § 1988;(3) Review information for small business stationary sources to assure such information is understandable by the layperson; and(4) Have the program serve as the secretariat for the development and dissemination of such reports and advisory opinions.

(1) Render advisory opinions concerning the effectiveness of the program, difficulties encountered, and degree and severity of enforcement;

(2) Make periodic reports to the Administrator of the United States Environmental Protection Agency concerning the compliance of the program with the requirements of the Paperwork Reduction Act of 1980, the Regulatory Flexibility Act, 5 U.S.C. § 601 et seq., and the Equal Access to Justice Act, 5 U.S.C. § 504, 28 U.S.C. § 2412, and 42 U.S.C. § 1988;

(3) Review information for small business stationary sources to assure such information is understandable by the layperson; and

(4) Have the program serve as the secretariat for the development and dissemination of such reports and advisory opinions.