8-4-317. State implementation plans generally.

8-4-317. State implementation plans generally. (a) In developing and implementing a state implementation plan, the Division of Environmental Quality shall consider and take into account the factors specified in § 8-4-312 and the Clean Air Act, 42 U.S.C. § 7401 et seq., as applicable. (b)(1)(A) Whenever the division proposes to finalize a state implementation plan submittal for review and approval by the United States Environmental Protection Agency, it shall cause notice of its proposed action to be published in a newspaper of general circulation in the state. (B) The notice required under subdivision (b)(1)(A) of this section shall afford any interested party at least thirty (30) calendar days in which to submit comments on the proposed state implementation plan submittal in its entirety. (C)(i) In the case of any emission limit, work practice or operational standard, environmental standard, analytical method, air dispersion modeling requirement, or monitoring requirement that is incorporated as an element of the proposed state implementation plan submittal, the record of the proposed action shall include a written explanation of the rationale for the proposal, demonstrating the reasoned consideration of the factors in § 8-4-312 as applicable, the need for each measure in attaining or maintaining the National Ambient Air Quality Standards as applicable, and that any requirements or standards are based upon generally accepted scientific knowledge and engineering practices. (ii) For any standard or requirement that is identical to the applicable Arkansas Pollution Control and Ecology Commission rule or federal regulation, the demonstration required under subdivision (b)(1)(C)(i) of this section may be satisfied by reference to the rule or federal regulation. In all other cases, the division shall provide its own justification with appropriate reference to the scientific and engineering literature considered or the written studies conducted by the division. (2)(A) At the conclusion of the public comment period and before transmittal to the Governor for submittal to the United States Environmental Protection Agency, the division shall provide written notice of its final decision regarding the state implementation plan submittal to all persons who submitted public comments. (B)(i) The division's final decision shall include a response to each issue raised in any public comments received during the public comment period. The response shall manifest reasoned consideration of the issues raised by the public comments and shall be supported by appropriate legal, scientific, or practical reasons for accepting or rejecting the substance of the comment in the division's final decision. (ii) For the purposes of this section, response to comments by the division should serve the roles of both developing the record for possible judicial review of a state implementation plan decision and serving as a record for the public's review of the division's technical and legal interpretations on long-range regulatory issues. (iii) This section does not limit the division's authority to raise all relevant issues of regulatory concern upon adjudicatory review by the commission of a particular state implementation plan decision. (c)(1) Only those persons that submit comments on the record during the public comment period have standing to appeal the final decision of the division to the commission upon written application made within thirty (30) days after service of the notice under subdivision (b)(2)(A) of this section. (2) An appeal under subdivision (c)(1) of this section shall be processed as a permit appeal under § 8-4-205. However, the decision of the Director of the Division of Environmental Quality shall remain in effect during the appeal.