NOTE: BRWA supports the proposed changes. A copy of our written comments can be found here
Notice of Proposed Rule Changes, Public Hearing, and Comment Period
The Division of Environmental Quality (DEQ) has proposed amendments to Arkansas Pollution Control and Ecology Commission (APC&EC) Regulation 6: “Regulations for State Administration of the National Pollutant Discharge Elimination System (NPDES)” pursuant to Arkansas Code Annotated § 8-1-203(b)(1)(A) and Arkansas Code Annotated §8-4-202(a). Oral and written comments by stakeholders and the public will be received and made a part of the record during the public comment period.
Pursuant to APC&EC Rule 8, DEQ by this notice solicits comments of any interested party to the proposed rule amendments by submitting comments in writing on or before the end of the public comment period, which is September 5, 2024. All comments should be sent to Carol Booth at the address below.
Full and complete copies of the proposed changes to Regulation 6 are available for inspection and review after making an appointment during regular business hours at the DEQ headquarters building, 5301 Northshore Drive, North Little Rock, AR 72118. The proposed rule changes are also available at DEQ information depositories located in public libraries at Arkadelphia, Batesville, Blytheville, Camden, Clinton, Crossett, El Dorado, Fayetteville, Forrest City, Fort Smith, Harrison, Helena, Hope, Hot Springs, Jonesboro, Little Rock, Magnolia, Mena, Monticello, Mountain Home, Pocahontas, Russellville, Searcy, Stuttgart, Texarkana, and West Memphis; and in campus libraries at the University of Arkansas at Pine Bluff and the University of Central Arkansas at Conway.
A public hearing will be held on August 26, 2024, beginning at 2:00 p.m., Central Time, to accept comments on the proposed amendments to Regulation 6, “Regulations for State Administration of the National Pollutant Discharge Elimination System (NPDES).” The hearing will be held in the Commission Room at the Department of Energy and Environment headquarters building at 5301 Northshore Drive, North Little Rock, AR 72118. The public hearing may be viewed via live broadcast on the E&E YouTube channel at https://www.youtube.com/channel/UCMr_txISHivnxRjg3dmOZ0A. If the hearing is postponed and rescheduled, a new legal notice will be published to announce the details of the new hearing date.
Oral and written comments regarding the rule amendments will be accepted at the hearing, but written comments are preferred in the interest of accuracy. In addition, written and electronic mail comments will be considered if received no later than 4:30 p.m., Central Time, September 5, 2024. Written comments should be delivered or mailed to: Carol Booth, Department of Energy and Environment, 5301 Northshore Drive, North Little Rock, AR 72118. Submit electronic comments on the proposed rule amendments: comment@adeq.state.ar.us.
The proposed amendment to Regulation 6, “Regulations for State Administration of the National Pollutant Discharge Elimination System (NPDES)” include:
Incorporation of Updates to Federal Regulations. Amendments to Regulation 6.104 to incorporate changes made to federal regulations;
Incorporation of Updates to Arkansas Law. Acts 94 and 575 of 2015, Acts 987 and 1037 of 2017, 315 and 910 of 2019, Act 441 of 2021, and Act 46 of 2023, were enacted by the Arkansas General Assembly and require revisions to Regulation 6;
Amendments to Provide Clarification and Minor Corrections. Corrections to the rule, including adding necessary definitions and corrections to be consistent with other state rules;
Amendments to Chapter 6. To amend Chapter 6 to be consistent with the Department of Agriculture’s rule for Liquid Animal Waste Management Systems; and
Stylistic and Formatting Corrections. To make minor, non-substantive stylistic and formatting corrections throughout the regulation.
A complete listing of the proposed changes to Regulation 6 can be found on the “Draft Rules” page of the DEQ’s website: https://www.adeq.state.ar.us/regs/draft_regs.aspx under APC&EC Docket No. 24-003-R.
The deadline for submitting written comments on the proposed rule revisions is 4:30 p.m., Central Time, September 5, 2024.
Published August 3rd and 4th, 2024. ARKANSAS DEPARTMENT OF ENERGY AND ENVIRONMENT
Bailey Taylor, Interim Chief Administrator of Environment,
Department of Energy and Environment