014.00.15 Ark. Code R. § 006

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Year: 2023
• Citation: 014.00.15 Ark. Code R. § 006

CHAPTER ONE : GENERAL PROVISIONS

Reg.6.101 Adoption Pursuant to the provisions of the Arkansas Water and Air Pollution Control Act, Ark. Code Ann. § 8Title8-4-101 et seq., the Arkansas Pollution Control and Ecology Commission hereby promulgates this regulation to implement State administration of the National Pollutant Discharge Elimination System.

Reg.6.102 Purpose It is the purpose of this regulation to adopt regulations necessary to qualify the State of Arkansas to receive authorization to implement the State water pollution control permitting program, in lieu of the federal National Pollutant Discharge Elimination System program, pursuant to the federal Clean Water Act 33 U.S.C. § 33Congressional declaration of goals and policy1251 et seq. In order to receive such authorization, it is necessary for the Arkansas Department of Environmental Quality to have regulations as stringent as the federal program administered by the United States Environmental Protection Agency.

Reg.6.103 Definitions (A) The definitions set forth in 40 C.F.R. §§ 40Definitions122.2 and 40Definitions124.2 are all adopted herein by reference in Reg.6.104. (B) In addition, the following definitions also apply to this Regulation "Act" means the Arkansas Water and Air Pollution Control Act, Ark. Code Ann. § 8Title8-4-101 et seq. "Animal Feeding Operation (AFO)" means a lot or facility (other than an aquatic animal production facility) where the following conditions are met: animals (other than aquatic animals) have been, are or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. "Biochemical Pesticide" means a pesticide that:(1) is a naturally-occurring substance or structurally-similar and functionally identical to a naturally-occurring substance; (2) has a history of exposure to humans and the environment demonstrating minimal toxicity, or in the case of a synthetically-derived biochemical pesticide, is equivalent to a naturally-occurring substance that has such a history and (3) has a non-toxic mode of action to the target pest(s). "Biological Pesticides (also called Biopesticides)" includes microbial pesticides, biochemical pesticides and plant-incorporated protectants. "Chemical Pesticides" means all pesticides not otherwise classified as biological pesticides. "Commission" means the Arkansas Pollution Control and Ecology Commission. "Concentrated Animal Feeding Operation (CAFO)" means an AFO that is defined as a Large CAFO or as a Medium CAFO pursuant to 40 C.F.R. § 40Concentrated animal feeding operations (applicable to State NPDES programs, see 123.25)122.23, or that is designated as a CAFO in accordance with 40 C.F.R. § 40Concentrated animal feeding operations (applicable to State NPDES programs, see 123.25)122.23(c). Two or more AFOs under common ownership are considered to be a single AFO for the purposes of determining the number of animals at an operation, if they adjoin each other or if they use a common area or system for the disposal of wastes. "Department" means the Arkansas Department of Environmental Quality, or its successor. "Director" means the Director of the Arkansas Department of Environmental Quality, unless the context dictates otherwise (See 40 C.F.R. §§ 40Definitions122.2 and 40Definitions124.2, and Ark. Code Ann. § 8Powers of the director of the division of environmental quality8-1-202 et seq.) "Domestic wastewater" means the spent wastewater originating from all aspects of human sanitary water usage. "Effluent" means water that is not reused after flowing out of any wastewater treatment facility or other works used for the purpose of treating, stabilizing, or holding wastes. "Larger Common Plan of Development" means a contiguous (sharing a boundary or edge, adjacent, or touching) area where multiple and distinct construction activities may be taking place at different times on different schedules under one plan. Such a plan might consist of many small projects (e.g., a common plan of development for a residential subdivision might lay out the streets, house lots, and areas for parks, schools and commercial development that the developer plans to build or sell to others for development.) All these areas would remain part of the common plan of development or sale. The term ''plan'' is broadly defined as any announcement or piece of documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes surveyor markings, etc.) indicating construction activities may occur on a specific plot. "Microbial Pesticide" means a microbial agent intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or dessicant that: (1) is a eucaryotic microorganism including, but not limited to, protozoa, algae, and fungi; (2) is a procaryotic microorganism, including, but not limited to, Eubacteria and Archaebacteria; or (3) is a parasitically replicating microscopic element, including but not limited to, viruses. "Non-municipal domestic sewage treatment works" means a device or system operated by an entity other than a city, town, county, or sewer improvement district that treats, in whole or in part, waste or wastewater from humans or household operations and must continuously operate to protect human health and the environment despite a permittee's failure to maintain or operate the device or system. "Operator" means any person (an individual, association, partnership, corporation, municipality, state or federal agency) who has the primary management and ultimate decision-making responsibility over the operation of a facility or activity. The operator is responsible for ensuring compliance with all applicable environmental regulations and conditions. "Pesticide" means (1) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; (2) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; and (3) any nitrogen stabilizer, except that the term ''pesticide'' shall not include any article that is a "new animal drug" within the meaning of section 201(w) of the FFDCA, 21 U.S.C. § 21Definitions; generally321(w), that has been determined by the Secretary of United States Department of Health and Human Services not to be a new animal drug by a regulation establishing conditions of use for the article, or that is an animal feed within the meaning of section 201(x) of the FFDCA, 21 U.S.C. § 21Definitions; generally321(x), bearing or containing a new animal drug. The term "pesticide" does not include liquid chemical sterilant products (including any sterilant or subordinate disinfectant claims on such products) for use on a critical or semi-critical device, as defined in section 201 of the FFDCA, 21 U.S.C. § 21Definitions; generally321. For purposes of the preceding sentence, the term "critical device" includes any device introduced directly into the human body, either into or in contact with the bloodstream or normally sterile areas of the body and the term ''semi-critical device'' includes any device that contacts intact mucous membranes but which does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the body, FIFRA Section 2(u), 7 U.S.C. § 7Definitions136(u). The term "pesticide" applies to insecticides, herbicides, fungicides, rodenticides, and various other substances used to control pests. The definition encompasses all uses of pesticides authorized under FIFRA including uses authorized under sections 3 (registration), 5 (experimental use permits), 18 (emergency exemptions), 24(c) (special local needs registrations), and 25(b) (exemptions from FIFRA), 7 U.S.C. § 7Definitions136. Note: drugs used to control diseases of humans or animals (such as livestock, fishstock and pets) are not considered pesticides; such drugs are regulated by the United States Food and Drug Administration. Fertilizers, nutrients, and other substances used to promote plant survival and health are not considered plant growth regulators and thus are not pesticides. Biological control agents, except for certain microorganisms, are exempted from regulation under FIFRA. (Biological control agents include beneficial predators such as birds or ladybugs that eat insect pests, parasitic wasps, fish, etc). "Pesticide Residue" Includes that portion of a pesticide application that is discharged from a point source to Waters of the State and no longer provides pesticidal benefits but which may impact non-target species. It may include the pesticide and degradates of the...