(a)
- (1) Any interested person may submit to the Division of Environmental Quality written comments, data, views, or arguments on the draft permitting decision during the public comment period.
- (2) 8 CAR § 11-214 provides that only those persons who submit public comments on the record shall have standing to appeal a permitting decision to the Arkansas Pollution Control and Ecology Commission.
(b)
- (1) The public comment period shall begin on the day the notice is published and shall expire on the thirtieth calendar day after publication of the notice, unless otherwise required by law or rule.
- (2) If the last day of the comment period is a Saturday, Sunday, legal holiday, or other day when the division’s office is closed, the public comment period shall expire on the next day that is not a Saturday, Sunday, legal holiday, or other day when the division’s office is closed.
- (c) Prior to the close of the public comment period provided in subsection (b) of this section, the Director of the Division of Environmental Quality may extend the period for written public comments for up to an additional twenty (20) calendar days, through a public notice, if exceptional circumstances warrant.
(d)
- (1) Written public comments will be accepted if received not later than 4:30 p.m. on the last day of the public comment period.
- (2) Written public comments may be submitted to the division by mail or facsimile.
- (3) Comments may also be submitted by electronic mail if received no later than 4:30 p.m. on the last day of the public comment period.
- (4) Electronic mail comments must be sent to the electronic mail address specified in the public notice.
(e)
- (1) The division shall make available the draft permitting decision and other material relevant to the draft permitting decision for inspection and copying at the division during the public comment period and shall comply with the relevant provisions of the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq.
(2)
- (A) The division shall provide copies to any person making a request for copies, including any request by:
(i) Mail;
(ii) Telephone;
(iii) Electronic mail; or
- (iv) Facsimile.
- (B) The division may charge the actual costs of reproduction, mailing, or transmitting the record by facsimile or other electronic means.
- (C) The division may require the requester to pay the copy fee in advance if the estimated fee exceeds twenty-five dollars ($25.00).
- (f) The division shall consider the written comments received during the public comment period, and in its discretion, shall determine whether to conduct a public hearing on the draft permitting decision.