8 CAR pt. 11, Appendix A. Economic Impact/Environmental Benefit Analysis

ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION 8 CAR pt. 11 APPENDIX A Economic Impact/Environmental Benefit Analysis A-1 ► ATTACHMENT 1 ECONOMIC IMPACT/ENVIRONMENTAL BENEFIT ANALYSIS Answer to best of the proponent's ability, as required by 8 CAR § 11-812 \ The Arkansas Pollution Control and Ecology Commission's (Commission) Administrative Procedures, 8 CAR pt. 11, require the Commission to duly consider the economic impact and the environmental benefit of any rule or regulation prior to promulgation. By Act 143 of 2007, the Governor has directed that impacts to small businesses be analyzed prior to adoption of regulations. Furthermore, the Arkansas Legislative Council requires the submission of a Financial Impact Statement and Questionnaire for Filing Proposed Rules and Regulations with the Arkansas Legislative Council and Joint Interim Committee with proposed regulation changes. The following procedures are outlined to provide clarity in the requirements of these various impact statements. 1. Prepare and submit the Financial Impact Statement and Questionnaire for Filing Proposed Rules and Regulations with the Arkansas Legislative Council and Joint Interim Committee required by the Arkansas Legislative Council for all proposed rulemakings. 2. The following analysis is necessary for the Commission to consider the economic impact and environmental benefit of any proposed rule or regulation. This Economic Impact/ Environmental Benefit Analysis ("Analysis") must be prepared by the proponent of the rulemaking initiated before the Commission based upon information reasonably available. If a rulemaking proposes to alter or amend an existing Commission rule, the Analysis shall be restricted to the economic impact and environmental benefits of the proposed changes. This Analysis must be included in the Petition to Initiate Rulemaking before the Commission for all regulatory changes, unless the proposed rule is exempt for one or more of the following reasons: ► The proposed rule incorporates or adopts the language of a federal statute or regulation without substantive change;* The proposed rule incorporates or adopts the language of an Arkansas state statute or regulation without substantive change The proposed rule is limited to matters arising under Regulation No. 8 regarding the rules of practice or procedure before the Commission; ► The proposed rule makes only de minimis changes to existing rules or regulations, such as the correction of typographical errors or the renumbering of paragraphs or sections; or ► The proposed rule is an emergency rule that is temporary in duration. ► If the proposed rulemaking does not require the following Analysis due to one or more of the exemptions listed above, state in the Petition to Initiate Rulemaking which exemptions apply and explain specifically why each is applicable. *If a proposed rule incorporates or adopts the language of a state or federal statute or regulation but does include one or more substantive change, then the Analysis shall address only the substantive changes. Directions for Analysis Completion: 1. Answer all questions, unless an exemption applies, using information reasonably available. 2. List source(s) for any data used in an answer. If a response cannot be provided to any question because information is not reasonably available, describe the sources consulted or steps taken in an effort to obtain the information in question. 3. Describe any assumptions used. 4. Complete the Economic Impact Statement, if applicable, as required by Act 143 of 2007. 5. Highlight on the attached map the boundary of the geographical area impacted by the proposed rule, unless the proposed rule applies to the entire state. This Analysis shall be available for public review along with the proposed rule in the public comment period. The Commission shall compile a response to comments demonstrating a reasoned evaluation of the relative economic impact and environmental benefits. STEP 2: THE ANALYSIS (to be included in petition to initiate rulemaking, if required) ARKANSAS POLLUTION CONTROL & ECOLOGY COMMISSION ECONOMIC IMPACT/ENVIRONMENTAL BENEFIT ANALYSIS Rule Number & Title: Petitioner: Contact/Phone/Electronic mail: Analysis Prepared by: Date Analysis Prepared: 2A. ECONOMIC IMPACT 1. Who will be affected economically by this proposed rule? State: a) the specific public and/or private entities affected by this rulemaking, indicating for each category if it is a positive or negative economic effect; and b) provide the estimated number of entities affected by this proposed rule. Sources and Assumptions: 2. What are the economic effects of the proposed rule? State: 1) the estimated increased or decreased cost for an average facility to implement the proposed rule; and 2) the estimated total cost to implement the rule. Sources and Assumptions: 3. List any fee changes imposed by this proposal and justification for each. 4. What is the probable cost to ADEQ in manpower and associated resources to implement and enforce this proposed change, and what is the source of revenue supporting this proposed rule? Sources and Assumptions: 5. Is there a known beneficial or adverse impact to any other relevant state agency to implement or enforce this proposed rule? Is there any other relevant state agency’s rule that could adequately address this issue, or is this proposed rulemaking in conflict with or have any nexus to any other relevant state agency’s rule? Identify state agency and/or rule. Sources and Assumptions: 6. Are there any less costly, non-regulatory, or less intrusive methods that would achieve the same purpose of this proposed rule? Sources and Assumptions: 2B. ENVIRONMENTAL BENEFIT 1. What issues affecting the environment are addressed by this proposal? 2. How does this proposed rule protect, enhance, or restore the natural environment for the well being of all Arkansans? Sources and Assumptions: 3. What detrimental effect will there be to the environment or to the public health and safety if this proposed rule is not implemented? Sources and Assumptions: 4. What risks are addressed by the proposal and to what extent are the risks anticipated to be reduced? Sources and assumptions: