This section appears to be premised on Arkansas Code § 8-6- 706(c) and states an “interested person or persons” may appeal the Board’s decision regarding a certificate of need to the Secretary of the Department of Energy and Environment. However, Arkansas Code § 8-6-706(c) states that an “interested party to a certificate of need determination by a board may appeal the decision to the Director of the Division of Environmental Quality.” Is there a reason the rule states an appeal may be made to the Secretary of the Department of Energy and Environment, but the statute says it may be made to the Director of the Division of Environmental Quality? RESPONSE: No reason other than oversight. In accordance with law, we wish to see this rephrased appropriately. [The agency subsequently determined that no changes would be made at this time.]

Southwest Central Regional Solid Waste Management District