8 CAR § 64-305 – Approval process

(a) The Division of Environmental Quality or its designee shall evaluate the efficiency, sustainability, and accountability of each used tire program and its proposed cost of managing small tires and large tires for approval of the business plan reimbursement rate for small tires and large tires for each used tire program.
(b) To calculate approved business plan rates, the division may use the following:
1. (1) Fiscal analysis of the proposed business plan;
2. (2) Comparative analysis of the used tire program to other used tire programs in the state;
3. (3) Comparative analysis of the used tire program’s proposed business plan to alternative business models for used tire management; or
4. (4) Any other reasonable method of calculating business plan rates for the costs associated with the management of used tires.
(c) A business plan or revised business plan that results in a business plan rate increase is subject to review by Legislative Council and must be approved by the Arkansas Pollution Control and Ecology Commission.