- (a) Response to comments. All written comments received during any designated comment period or written or oral comments received at any public hearing called for by the Director of the Division of Environmental Quality shall be considered in the development of the final permit decision.
(b) Final decision.
- (1) Following the close of the public comment period, the director shall make a final permit decision regarding the application.
(2) The director may:
- (A) Issue the final permit without changes;
- (B) Require changes to the permit and the permit application prior to issuing the final permit; or
- (C) Deny the permit.
(c) Rationale for permit decision.
- (1) The Division of Environmental Quality shall develop a rationale for all permitting decisions.
(2) The rationale shall summarize:
- (A) All comments received for the record during the public comment period or any public hearing held by the division;
- (B) Any changes made in response to public comments; and
- (C) The basis for permit conditions and other decisions made by the director in developing the final permit decision.
- (3) The rationale shall be provided to the applicant and any persons making comments for the record.
(d) Standing to appeal final decision.
- (1) Standing to appeal any permit or permit provision and appeal procedures shall be in accordance with Administrative Procedures, 8 CAR pt. 11, of the Arkansas Pollution Control and Ecology Commission.
- (2) Generally, other than the permit applicant, only those persons who submit written comments during the specified comment period or who make formal comments for the record at a public hearing called by the division will have legal standing to appeal the issuance or denial of the final permit or any of the permit provisions.