(a) When economic impact and environmental benefit analysis is required.

1. (1) An economic impact and environmental benefit analysis shall be prepared by the proponent of any proposed rulemaking before the Arkansas Pollution Control and Ecology Commission unless the rule qualifies as exempt under this section.
2. (2) The economic impact and environmental benefit analysis shall be prepared by the proponent of the rulemaking based upon information that is reasonably available.
3. (3) If a rulemaking proposes to alter or amend an existing commission rule, the analysis shall be restricted to the economic impact and environmental benefit of the proposed changes.
4. (4) The economic impact and environmental benefit analysis must be included in the petition to initiate rulemaking before the commission for all regulatory changes, unless the proposed rule is exempt under this section.

5. (5) A rulemaking shall be exempt from the economic impact and environmental benefit analysis requirements if the proposed rule:

   1. (A) Incorporates or adopts the language of a federal statute or regulation without substantive change;
   2. (B) Incorporates or adopts the language of an Arkansas state statute or rule without substantive change;
   3. (C) Is limited to matters arising under this part regarding the rules of practice or procedure before the commission;
   4. (D) Makes only de minimis changes to existing rules, such as the correction of typographical errors or the renumbering of paragraphs or sections; or
   5. (E) Is an emergency rule that is temporary in duration.

(c) If the proponent of a proposed rule believes that a portion of its proposed rule is exempt under subdivisions (a)(5)(A) – (E) of this section, but that the remainder is not exempt, the proponent shall:

1. (1) Prepare an economic impact and environmental benefit analysis for all portions of the proposed rule believed to be nonexempt; and
2. (2) Identify the portions of the proposed rule believed to be exempt, state which exemptions apply, and explain why each is applicable.