014.04.19 Ark. Code R. § 001

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Citation: 014.04.19 Ark. Code R. § 001
• Year: 2023

CHAPTER 1 : AUTHORITY, GENERAL PRINCIPLES, AND COVERAGE

Reg 2.101 Authority Pursuant to the Arkansas Water and Air Pollution Control Act (Ark. Code Ann. § 8undefined8-4-101 et seq.) and in compliance with the requirements of the Federal Water Pollution Control Act, 33 U.S.C. § 33undefined1251 et seq., (hereinafter "Clean Water Act"), the Arkansas Pollution Control and Ecology Commission (hereinafter "Commission") hereby promulgates this regulation establishing water quality standards for all surface waters, interstate and intrastate, of the State of Arkansas.

Reg 2.102 Purpose The water quality standards herein set forth are based upon present, future and potential uses of the surface waters of the State and criteria developed from statistical evaluations of past water quality conditions and a comprehensive study of least-disturbed, ecoregion reference streams. The standards are designed to enhance the quality, value, and beneficial uses of the water resources of the State of Arkansas, to aid in the prevention, control and abatement of water pollution, to provide for the protection and propagation of fish and wildlife and to provide for recreation in and on the water. In establishing these standards, the Commission has taken into consideration the use and value of the streams for public water supplies commercial, industrial and agricultural uses, aesthetics, recreational purposes, propagation of fish and wildlife, other beneficial uses, and views expressed at public hearings. The State of Arkansas has an exceptionally large volume of high quality water. With few exceptions the streams and lakes of Arkansas contain waters of a quality suitable for all legitimate uses without the necessity of unreasonable water treatment. Where man-made pollution exists, substantial progress has been made in abatement. It is the purpose of these regulations to preserve and protect the quality of this water so that it shall be reasonably available for all beneficial uses and thus promote the social welfare and economic well-being of the people of the State. It is further the purpose of these regulations to designate the uses for which the various waters of the State shall be maintained and protected; to prescribe the water quality standards required to sustain the designated uses; and to prescribe regulations necessary for implementing, achieving and maintaining the prescribed water quality.

Reg. 2.103 Commission Review The water quality standards herein established will be reviewed by the Commission at least once each three-year period beginning as of October 18, 1972. Revisions may be made to take into account changing technology of waste production, treatment and removal, advances in knowledge of water quality requirements, and other relevant factors.

Reg. 2.104 Policy for Compliance It shall be the policy of the Arkansas Department of Environmental Quality (hereinafter "Department") to provide, on a case-by-case basis, a reasonable time for an existing permittee to comply with new or revised water quality based effluent limits. Consequently, compliance schedules may be included in National Pollutant Discharge Elimination System (NPDES) permits at the time of renewal or permit modification initiated by the Department to require compliance with new water quality standards. Compliance must occur at the earliest practicable time, but not to exceed three years from effective date of permit, unless the permittee is completing site specific criteria development or is under a plan approved by the Department, in accordance with Regs. 2.306, 2.308, and the State of Arkansas Continuing Planning Process.

Reg. 2.105Environmental Improvement Projects The Commission may, after consideration of information provided pursuant to Appendix B and Ark. Code Ann. § 8undefined8-5-901 et seq., grant modifications to the General and Specific Standards or establish a subcategory(ies) of use(s) for completion of long-term Environmental Improvement Projects.

Reg 2.106 Definitions 304(a) Guidance: Refers to Section Pollution Control and Ecology Commissionundefined304(a) of the Clean Water Act, 33 U.S.C. § 33undefined1314(a), which requires the United States Environmental Protection Agency to publish and periodically update ambient water quality criteria which will be protective of human health and the environment. Abatement: The reduction in degree or intensity of pollution. Acute toxicity: A statistically significant difference (at the 95 percent confidence level) in mortality or immobilization between test organisms and a control measured during a specified period of time which is normally less than 96 hours. Algae: Simple plants without roots, stems, or leaves that contain chlorophyll and are capable of photosynthesis. All flows: Takes into account all flows and data collected throughout the year, including elevated flows due to rainfall events. Aquatic biota: All those life forms which inhabit the aquatic environment. Aquatic life: The designated use of a waterbody determined by the fish community and other associated aquatic biota. Base flows: That portion of the stream discharge that is derived from natural storage (i.e., outflow from groundwater or swamps), or sources other than recent rainfall that creates surface runoff. Also called sustaining, normal, dry weather, ordinary, or groundwater flow. Bioaccumulation: The process by which a compound is taken up by an aquatic organism, both from water and through food. Chronic toxicity: A statistically significant difference (at the 95 percent confidence level) in mortality or immobilization, reduced reproduction or limited growth between test organisms and a control measured during a substantial segment of the life span of the test organism. Commission: The Arkansas Pollution Control and Ecology Commission. Conventional pollutants: Pursuant to section Pollution Control and Ecology Commissionundefined304(a)(4) of the Clean Water Act, 33 U.S.C. § 33undefined1314(a)(4), includes biochemical oxygen demand (BOD), total suspended solids (nonfilterable) (TSS), pH, fecal coliform, and oil and grease. Criterion continuous concentration (CCC): An estimate of the highest concentration of a material in ambient water to which an aquatic community can be exposed indefinitely without resulting in an unacceptable adverse effect. This is the chronic criterion. Criterion maximum concentration (CMC): An estimate of the highest concentration of a material in ambient water to which an aquatic community can be exposed briefly without resulting in an unacceptable adverse effect. This is the acute criterion. Critical flows: The flow volume used as background dilution flows in calculating concentrations of pollutants from permitted discharges. These flows may be adjusted for mixing zones. The following critical flows are applicable: For a seasonal aquatic life - 1 cubic foot per second minus the design flow of any point source discharge (may not be less than zero); For human health - harmonic mean flow or long term average flow; For minerals - harmonic mean flow, except as follows: o Reg. 2.511(A) Site Specific Mineral Criteria listed with an asterisk- 4 cubic feet per second. o Reg. 2.511 (C) Domestic Water Supply: Q7-10; and For metals and conventional pollutants - Q7-10. Critical season: That period of the year when water temperatures exceed 22°C. This is normally the hot, dry season and after the majority of the fish spawning activities have ceased. This season occurs during a different time frame in different parts of the state, but normally exists from about mid-May to mid-September. Cumulative: Increasing by successive additions. Department: The Arkansas Department of Environmental Quality or its successor. Degradation: The act or process of causing any decrease in quality. Design flow: A facility discharge flow of process wastewater that is authorized in a NPDES permit. Designated uses: Those uses specified in the water quality standards for each waterbody or stream segment whether or not they are being attained. Discharge: A discrete point source of waste or wastewater entering into waters of the State. Dissolved oxygen (DO)A measure of the concentration of oxygen in solution in a liquid. Ecoregion: A large area of landscape with relatively homogenous physical, chemical and biological characteristics. Escherichia coli: A rod shaped gram negative bacillus (0.5 - 3-5 microns) abundant in the large intestines of mammals. Endemic: Native to and confined to a specific region. Existing uses: Those uses listed in Section Pollution Control and Ecology Commissionundefined303(c)(2) of the Clean Water Act, 33 U.S.C. § 33undefined1313(c)(2) (i.e., public water supplies, propagation of fish and wildlife, recreational uses, agricultural and industrial water supplies, and navigation), which were actually attained in the...