(a) During the pendency of an Arkansas Pollution Control and Ecology Commission review:

1. (1) The denial of a permit shall stand;
2. (2) The issuance, modification, or revocation of a permit or that part of a permit which is the subject of the appeal shall be stayed, unless otherwise required by state or federal law; and
3. (3) All other final actions of the Director of the Division of Environmental Quality shall remain in effect and the parties shall comply therewith.

(c)

1. (1) A request pursuant to subsection (b) of this section must be in writing and filed with the commission secretary.
2. (2) The administrative hearing officer or the commission secretary shall promptly inform the Chair of the Arkansas Pollution Control and Ecology Commission of the filing of a request for a stay or for modification or termination of a stay.

3. (3) The chair shall, in his or her discretion, either:

   1. (A) Grant a temporary stay, modify a stay, or terminate a stay, and such action shall be effective until the next regularly scheduled commission meeting;
   2. (B) Direct the commission secretary to place the request on the agenda for the next regularly scheduled commission meeting; or
   3. (C) Call a special commission meeting for the purpose of considering the request.
4. (4) The commission’s decision on the request shall be in the form of a minute order and shall state which specific terms or conditions are affected by the decision.
5. (5) The commission secretary shall promptly mail the decision to all parties of record identified in 8 CAR § 11-601.

(e)

1. (1) To the extent conditions of any new permit are stayed, and if no alternative conditions are specified in the written stay decision, a facility holding an existing permit must comply with the conditions of the existing permit which correspond to the conditions being stayed, unless compliance with the existing conditions would be technologically incompatible with compliance with other conditions of the new permit which have not been stayed.
2. (2) The burden of proving this incompatibility shall rest with the permittee.