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Regulatory Changes & Rulemaking

REGULATION CHANGES - Third Party Rulemaking 

These are proposed changes to Regulation 5 and 6 which seek to establish a ban on medium and large swine CAFOs in the Buffalo River watershed and place a cap on the numbers of existing swine. If adopted, these changes would not apply to existing CAFOs, like C&H, but would prevent additional facilities of this size in the watershed.
The second proposed change to Reg. 6 would significantly improve the notification procedures for new Reg 6 CAFO permits state-wide. 
These proposed changes must be reviewed by the Public Health, and Rules and Regulations Committees of the state legislature as well as the Legislative Council before finally being voted on by the Pollution Control and Ecology Commission, likely sometime in the fall of 2014.
Regulation 5 Proposed Changes Scroll down to see comments
Regulation 6 Proposed Changes Essentially the same as the Reg 5 changes
Regulation 6 Amended Rule Change June 19, 2015, incorporating a 5-year sunset clause at which time the temporary ban can be extended or cancelled at the discretion of the ADEQ Director 
Regulation 5 Amended Rule Change, essentially identical to the Reg 6 change.

Renewal of Regulation 6 Swine CAFO General Permit ARG590000 

The NPDES General permit, ARG590000, is the "umbrella" which includes the regulations under which C&H, permit #ARG590001, is covered. C&H. C&H is the first and only permit issued under these regulations. ARG590000 expired on October 31, 2016 and was revised and opened for public comment in March, 2016, with a public hearing on April 14, 2016. Read the public notice and draft renewal permit here. ADEQ ultimate decided NOT to renew ARG590000, forcing C&H to seek alternate coverage.

Select public comments submitted to ADEQ are posted below. ADEQ intends to release the final approved of ARG590000 in May 2016. C&H must reapply for coverage under the revised General permit by October 31, 2016, or switch to another permit.

Public Comments on ARG590000 Renewal:


ADEQ Press Release announcing it's decision to NOT renew ARG590000, April 28, 2016

ADEQ final decision not to renew ARG590000 and responses to 130 public comments

Arkansas Attorney General's opinion that the ADEQ Director does not have the authority to revoke or suspend the NPDES General CAFO permit, November 13, 2013

BRWA comments on proposed revisions to Regulation 6. October 17, 2016

 Regulation 6, March, 2004, notable is the inclusion of Chapter 5 regarding "Dry Litter". This language was later removed in 2011 and now all dry litter systems (poultry, Sanders Farms?) fall under ANRC purview.

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