December 13, 2010
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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Author:
Walter G. Wright
Hundreds of administrative and/or judicial decisions have been issued over the years interpreting various aspects of the Federal Clean Water Act, Clean Air Act, Resource Conservation Recovery Act, etc. and their implementing regulations. These decisions are certainly relevant to Arkansas despite the fact that the state has been operating these programs for years. However, Arkansas like other states has its own unique statutory provisions that define the authority and scope of its programs. Detailed Arkansas administrative or judicial decisions interpreting these provisions are issued infrequently. Consequently, a detailed decision addressing unique Arkansas statutory or regulatory terms is of some importance. A recent example is found in a Recommended Decision issued by the Arkansas Pollution Control and Ecology Commission Administrative Hearing Officer involving a challenge to its Arkansas Department of Environmental Quality ("ADEQ") issued air permit. A company disputed the need for certain numeric limits issued for lead, chromium and arsenic at one of its manufacturing plants. The decision is styled IN THE MATTER OF ACME BRICK COMPANY "“ OUACHITA PLANT DOCKET NO. 09-014-P (June 25, 2010). The decision should be of interest since the Administrative Hearing Officer interpreted statutory phrases such as generally accepted scientific knowledge and engineering practices, "air pollution", and "air contaminant". A copy of the decision can be accessed below.
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