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The Arkansas Department of Environmental Quality (“ADEQ”) posted in late January draft revisions to Arkansas Pollution Control and Ecology Commission Regulation No. 8 (Administrative Procedures)(“Reg. 8”).
Reg. 8 encompasses the administrative procedures both ADEQ and the Arkansas Pollution Control and Ecology Commission (“Commission”) utilize in various proceedings.
The administrative procedures for Reg. 8 addresses:
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Permits
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Grant, loan, and tax credit decisions
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Enforcement actions
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Emergency actions
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Practice and Procedure for Appeals
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Rulemaking
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Other matters
ADEQ describes the draft revisions to Reg. 8 as including:
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Adopting changes to state law
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Make the regulation consistent with the Arkansas Rules of Civil Procedure
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Modernize the regulation as it related to notice and service by electronic mail pursuant to Act 195 of 2011 and Act 257 of 2017
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Modernize the regulation concerning public communication of information on ADEQ’s website
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Make other changes consistent with the administrative due process
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Minor revisions to correct typographical, grammatical, formatting, and stylistic errors
A link to the draft revisions can be found here.
