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118.01.2 App. B. Environmental Improvement Project

AR ADC 118.01.2 App. BArkansas Administrative CodeEffective: May 7, 2022

West's Arkansas Administrative Code
Title 118. Department of Energy and Environment
Division 01. Arkansas Pollution Control and Ecology Commission
Rule 2. Rule Establishing Water Quality Standards for Surface Waters of the State of Arkansas
Effective: May 7, 2022
Ark. Admin. Code 118.01.2 App. B
Formerly cited as AR ADC 014.04.2 Appendix B
118.01.2 App. B. Environmental Improvement Project
Currentness
Environmental Improvement Project
APPENDIX B: ENVIRONMENTAL IMPROVEMENT PROJECT
Stricken language would be deleted from present law. Underlined language would be added to present law
State of Arkansas
As Engrossed: S2/21/97
81st General Assembly
A Bill
ACT 401 OF 1997
Regular Session, 1997
HOUSE BILL 1563
By: Representatives Sheppard, Wallis, Lancaster, Johnson, and Horn
By: Senator Mahony
For An Act To Be Entitled
“AN ACT TO ENCOURAGE LONG-TERM ENVIRONMENTAL PROJECTS; AND FOR OTHER PURPOSES.”
Subtitle
“AN ACT TO ENCOURAGE LONG-TERM ENVIRONMENTAL PROJECTS.”
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Legislative Findings and Intent.
The General Assembly hereby finds that many areas of the state would benefit from long-term environmental remediation projects that significantly improve the effects caused by industrial or extractive activities. However, commitments by private enterprise to remedy such damages are discouraged by the prospect of civil liability based upon rigid application of state water quality standards to the enterprises activities. The purpose of this act is to preserve the states approach to establishing water quality standards, while also encouraging private enterprises to make significant improvements to closed or abandoned sites that are of such magnitude that more than three (3) years will be required to complete the project.
SECTION 2. Definitions and Applicability.
For the purposes of this act:
(1) “Long-term Improvement Project” or “Project” means any remediation or reclamation project at closed or abandoned:
(A) Mineral Extraction Sites;
(B) Solid Waste Management Units as defined pursuant to the Arkansas Hazardous Waste Management Act;
(C) Oil and Gas Extraction Sites;
(D) Brownfield Sites as defined in Act 125 of 1995 or as may be amended; and
(E) Hazardous Substance Sites listed on the National Priority List (42 U.S.C. Section 9605), or State Priority List (Arkansas Code 8-7-509(e), or as may be amended.
(2) “Water Quality Standard” means standards developed through administrative rulemaking by the Commission;
(3) “Commission” means the Arkansas Pollution Control and Ecology Commission; and
(4) “Department” means the Arkansas Department of Pollution Control and Ecology.
SECTION 3. Procedures for approval of environmental projects, contents of applications, and public notice.
(a) A petitioner seeking approval of a change in water quality standards to accommodate a long-term environmental improvement project shall file with the Department a Notice of Intent, which includes as a minimum:
(1) A description of the water body or stream segment affected by the project;
(2) The existing ambient water quality for the use of criteria at issue;
(3) The affected water quality standard;
(4) The modifications sought;
(5) The proposed remediation activities;
(6) A proposed Remediation Plan, which shall contain:
(A) A description of the existing conditions, including identification of the conditions limiting the attainment of the water quality standards;
(B) A description of the proposed water quality standard modification, both during and post project;
(C) A description of the proposed remediation plan; and
(D) The anticipated collateral effects, if any, of the Remediation Plan; and
(7) A schedule for implementing the Remediation Plan that ensures that the post project water quality standards are met as soon as reasonably practicable.
(b) The department shall cause notice of the proposed project and associated water quality standard changes described in subsection (a) to be published for public notice and comment in the same manner as provided for permit applications in Arkansas Code 8-4-203(b), and shall advise the public that the details of the proposed project are available for public review.
(c) After considering comments from the public, the department shall notify the petitioner as to whether the proposed project is approved or denied. The department may deny approval of a project if it reasonably concludes that the plan is not complete, the plan is not technically sound, the schedule is unrealistic, the plan will not have an overall beneficial effect for the environment, or other appropriate reasons. Any department determination on the approval or denial of a project is subject to the appeal procedures applicable to permitting decisions set out in Arkansas Code 8-4-205.
(d) Upon approval of the project for further development, the petitioner shall prepare documentation required for third-party rulemaking by Arkansas Code 8-4-202 and established in administrative procedures.
SECTION 4. Modification of Water Quality Standards.
(a) The commission may approve a modification where the water quality standard is not being maintained due to conditions which may, in part or in whole, be corrected through the implementation of long-term measures. The commission shall establish such subcategory of use and modify such general and specific standards as it deems appropriate to reflect such modification while ensuring that the fishable/swimmable use is maintained. In all water quality standard changes associated with long-term environmental projects, the remedial action plan described in subsection (a) of Section 3 of this act shall be incorporated by reference in the statement of basis and purpose of the rule and shall be considered an essential condition of the modified water quality standard.
(b) Once the commission approves a water quality standard modification, the department shall ensure that conditions and limitations designed to achieve compliance with the plan are established in applicable discharge permits, consent administrative orders, or such other enforcement measures deemed appropriate by the department. The department may allow modifications by the petitioner to the remediation plan and schedule as is deemed appropriate, provided that any such modifications to the original remedial action plan shall not render the project significantly less protective of the applicable use subcategory. Should the department find that the petitioner is not acting in good faith to complete the project in accordance with the approved plan, applicable and appropriate enforcement authority may be exercised subject to appeal to the commission.
(c) The department or the petitioner shall report annually to the commission on the progress of the project.
SECTION 5. Project Completion.
At the end of the project the post project water quality standards shall be in full force and effect.
SECTION 6. All provisions of this act of a general and permanent nature are amendatory to the Arkansas Code of 1987 Annotated and the Arkansas Code Revision Commission shall incorporate the same in the Code.
SECTION 7. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
SECTION 8. All laws and parts of laws in conflict with this act are hereby repealed.
/s/Sheppard et al
APPROVED:3-07-97

Credits

Amended Aug. 26, 2010; Oct. 29, 2010; Jan. 23, 2011; Sept. 26, 2011; Nov. 14, 2015; May 7, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 118.01.2 App. B, AR ADC 118.01.2 App. B
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