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118.01.19-406. Public Participation

AR ADC 118.01.19-406Arkansas Administrative CodeEffective: May 6, 2022

West's Arkansas Administrative Code
Title 118. Department of Energy and Environment
Division 01. Arkansas Pollution Control and Ecology Commission
Rule 19. Rules of the Arkansas Plan of Implementation for Air Pollution Control
Chapter 4. Minor Source Review
Effective: May 6, 2022
Ark. Admin. Code 118.01.19-406
Formerly cited as AR ADC 014.01.1-4
118.01.19-406. Public Participation
Currentness
(A) General
No permit shall be issued, denied, or modified unless the public has first had an opportunity to comment on the information submitted by the owner/operator and the Division's analysis, as demonstrated by the permit record, of the effect of construction or modification on ambient air quality, including the Division's proposed approval or disapproval of the permit.
(B) Public Availability of Information
For purposes of this section, opportunity to comment shall include, at a minimum:
(1) Availability for the public inspection in at least one location in the area where the source is located, or proposes to locate, and in the Division's central offices of the Division's draft decision, information submitted by the owner/operator, and any information developed by the Division in support of its draft permit decision;
(2) A thirty-day period for submittal of public comment (beginning on the date of the latest newspaper notice, ending on the date thirty [30] days later);
(3) A publication in a newspaper of general circulation in the area where the source is located or proposes to locate, and in a State publication designed to give general public notice. Such notice shall, as a minimum, describe the locations at which the information submitted by the owner/operator and the Division's analysis of this information, may be inspected and the procedure for submitting public comment;
(4) A copy of the notice, required pursuant to this subsection, shall be sent to the owner/operator and to the:
(a) Regional Administrator of the EPA;
(b) mayor of the community where the stationary source is proposed to be constructed or modified;
(c) county judge of the county where the equipment is proposed to be constructed or modified; and
(d) appropriate air pollution control agencies of adjoining states if the construction or modification of the source will impact air quality in adjoining states.
(5) Public comments addressing the technical merits of the permit application and the Division's analysis of the effect of the proposed emissions on air quality submitted in accordance with procedures in the public notice shall be considered by the Division prior to taking final action on the permit application.

Credits

Amended July 18, 2009; July 29, 2012; Dec. 8, 2012; July 27, 2013; March 14, 2016; Aug. 6, 2020; May 6, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 118.01.19-406, AR ADC 118.01.19-406
End of Document