(a) Director of the Division of Environmental Quality’s decision.

1. (1)

   1. (A) The director shall issue the final permitting decision in writing.
   2. (B) The director’s decision shall be made upon consideration of:

(i) The completed application;

1. (ii) The public comments on the record, if any; and

   1. (iii) Any other materials provided by law or rule applicable to the application or other matter to be considered in the decision.
   2. (C) The director may impose special conditions upon the issuance of a permit.

2. (2)

   1. (A) The director’s final decision shall include a response to each issue raised in any public comments received during the public comment period, if any.

   2. (B)

      1. (i) In the case of any discharge limit, emission limit, environmental standard, analytical method, or monitoring requirement, the record of the proposed action and the response shall include a written explanation of the rationale for the proposal, demonstrating that any technical requirements or standards are based upon generally accepted scientific knowledge and engineering practices.
      2. (ii) For any standard or requirement that is identical to a duly promulgated and applicable rule, this demonstration may be satisfied by reference to the rule.
      3. (iii) In all other cases, the Division of Environmental Quality must provide its own justification with appropriate reference to the scientific and engineering literature or written studies conducted by the division.

(b) Issuance of final permitting decision and effective date.

1. (1)

   1. (A) The date of issuance of a final permitting decision is the date notice of the decision is served upon the applicant or permittee.
   2. (B) Service is deemed complete when the notice is placed in the mail to the applicant or permittee.

2. (2)

   1. (A) The director’s final permitting decision shall contain a certificate of service showing the date of issuance.
   2. (B) The certificate shall be signed by the person causing the notice to be placed in the mail.

3. (3) The effective date of a final permitting decision is the date of issuance, unless a later effective date is specified in the decision.

   1. (c) Notice of decision.

4. (1)

   1. (A) The division shall mail by first-class mail notice of the final permitting decision to the applicant or permittee and those persons who submitted public comments on the record.
   2. (B) If comments are submitted for a group or by a petition, the director may require the group to designate a representative to receive the notice.
5. (2) The notice to all of these persons shall be placed in the mail on the same date.

6. (3) The notice shall include:

   1. (A) The name and business address of the applicant or permittee;
   2. (B) The permit application identification number;
   3. (C) A brief description of the final permitting decision;
   4. (D) A certificate of service showing the date the decision was issued; and

   5. (E) A statement that the applicant or permittee and any person submitting public comments on the record may request an adjudicatory hearing and Arkansas Pollution Control and Ecology Commission review of the final permitting decision as provided by under Subpart 6 of this part.

      1. (d) Payment of permit fees and outstanding permit, publication, annual review, or late fees. The director shall not issue a final permit until the applicant has paid all applicable permit fees and any outstanding permit, publication, annual review, or late fees owed to the division.