2020 Arkansas Code
Title 8 - Environmental Law
Chapter 3 - Water and Air Pollution Generally
Subchapter 2 - State Emission Plans — Procedures — Approval
§ 8-3-207. Procedures for approval of state plan
(a) Before transmitting a state plan to the Governor for submission of the state plan to the United States Environmental Protection Agency, the Division of Environmental Quality shall transmit to the cochairs of the Legislative Council a copy of the state plan and the accompanying report developed under § 8-3-205.
(b)
(1) Upon receiving the state plan and the accompanying report transmitted under subsection (a) of this section and after sufficient time has been provided to assess the state plan and the accompanying report, the Legislative Council shall vote on approval of the state plan.
(2) An affirmative majority vote of the Legislative Council is required for approval of the state plan.
(c) If the Legislative Council fails to approve a state plan under subsection (b) of this section, the division may submit a revised version of the state plan, with an accompanying revised report, to the cochairs of the Legislative Council for approval under this section.
(d) Notwithstanding the provisions of this subchapter, in the absence of legislative approval under subsection (b) of this section, the Governor may direct the submission of a state plan to the United States Environmental Protection Agency if, in his or her judgment:
(1) Sufficient time has passed for the Legislative Council to consider a state plan submitted by the division for legislative approval;
(2) Further delay would result in the failure to submit a state plan by the relevant deadline for submission; and
(3) Failure to submit a state plan would likely result in the imposition of a federal implementation plan.
(e) This subchapter does not eliminate the requirement of legislative approval of rules promulgated to implement or enforce the state plan subsequently to gubernatorial action under subsection (d) of this section.
