(a) If the Arkansas Pollution Control and Ecology Commission determines that imminent peril to the public health, safety, or welfare requires emergency rulemaking, the commission may waive or reduce the notice requirements of 8 CAR §§ 11-801 – 11-806.
(b) The commission must document the facts and reasons justifying emergency rulemaking in a written order.
(c)
(1) The imminent loss of federal funding, certification, or authorization for any program administered by the Division of Environmental Quality shall establish a prima facie case of imminent peril supporting emergency rulemaking.
(2) In addition, the division may present any other evidence proving the existence of imminent peril to the public:
(A) Health;
(B) Safety; or
(C) Welfare.
(d) No rule adopted pursuant to this section shall be effective for more than one hundred eighty (180) calendar days, unless a longer period is allowed by law.