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2016 EPA Response Letter for the 2013 Triennial Review

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2016 EPA Response Letter for the 2013 Triennial Review TECHNICAL SUPPORT DOCUMENT FOR EPA REGION 6 REVIEW OF: REGULATION NO. 2: REGULATION ESTABLISHING WATER QUALITY STANDARDS FOR SURFACE WATERS OF THE STATE OF ARKANSAS Revisions Adopted by the Arkansas Pollution Control and Ecology Commission via Minute Order No. 14-10 U.S. EPA REGION 6 WATER QUALITY PROTECTION DIVISION 2016 Table of Contents I. Introduction ....................................................................................................... 1 Background ...................................................................................................... 1 Chronology of Events ........................................................................................ 1 Summary of Revisions to Regulation No. 2 .......................................................... 3 II. New or Revised Provisions EPA is Approving .............................................. 4 Chapter 1: Authority, General Principles and Coverage ....................................... 4 Reg. 2.106 Definitions – “Critical flows” ................................................................ 4 Chapter 3: Waterbody Uses ................................................................................ 4 Reg. 2.304 Physical Alteration of Habitat ................................................................ 4 Chapter 4: General Standards ............................................................................ 4 Reg. 2.405 Biological Integrity ................................................................................ 4 Chapter 5: Specific Standards ............................................................................ 5 Reg.(s) 2.502 - Temperature, 2.504 – pH, 2.505 - Dissolved Oxygen, 2.508 – Toxic Substances, 2.510 – Oil and Grease, and 2.511(A) – Site-specific Minerals Criteria 5 Reg. 2.504 pH........................................................................................................... 5 Reg. 2.507 Bacteria .................................................................................................. 6 Reg. 2.509 Nutrients................................................................................................. 7 Reg. 2.511(A) Mineral Quality - Specific Standards: Delta Ecoregion .................. 8 Reg. 2.511(B) Ecoregion Reference Stream Minerals Values .............................. 10 Reg. 2.512 Ammonia ............................................................................................. 11 Appendix A ..................................................................................................... 12 Site-Specific Designated Use Variations Supported by Use Attainability Analyses 12 Appendix D ..................................................................................................... 12 Procedures for Obtaining Director’s Determination ................................................. 12 III. Non-Substantive Edits that Constitute New or Revised Water Quality Standards EPA is Approving and Provisions EPA Has Previously Approved .............................................................................................................. 13 Discussion ...................................................................................................... 13 Chapter 5: Specific Standards .......................................................................... 14 Reg. 2.511(B) Ecoregion Reference Stream Minerals Values .............................. 14 Appendix A ..................................................................................................... 14 Site-Specific Designated Use Variations Supported by Use Attainability Analyses 14 IV. Provisions Where EPA is Taking Partial or No Action ............................ 15 Chapter 1: Authority, General Principles and Coverage ..................................... 15 Reg. 2.104 Policy for Compliance ......................................................................... 15 Chapter 5: Specific Standards .......................................................................... 17 Reg.(s) 2.502 - Temperature, 2.503 - Turbidity, 2.504 - pH, 2.505 - Dissolved Oxygen (Lakes and Reservoirs), and 2.511(C) - Mineral Quality (Lakes and Reservoirs) ................................................................................................................ 17 Reg. 2.511(B) Mineral Quality – Ecoregion Reference Stream Values ............... 18 Reg. 2.511(C) Domestic Water Supply Criteria ................................................... 20 V. Provisions Previously Disapproved by EPA ................................................ 21 Chapter 5: Specific Standards .......................................................................... 21 Reg. 2.503 Turbidity ........................................................................................ 21 Reg. 2.511(A) Site-specific Mineral Quality Criteria ........................................... 22 VI. Literature Cited ............................................................................................ 23 ATTACHMENT 1 ........................................................................................... 24 ATTACHMENT 2 ........................................................................................... 39 I. Introduction Background As described in §303(c) of the Clean Water Act (CWA) and in the water quality standards (WQS) regulation at 40 CFR §131.20, states and authorized tribes have primary responsibility to develop and adopt WQS to protect their waters. State and tribal WQS consist of three primary components: designated uses, criteria to support those uses, and antidegradation requirements. In addition, CWA §303(c)(1) and 40 CFR §131.20 require states to hold public hearings at least once every three years to review and, as appropriate, modify and adopt standards. As specified in 40 CFR §131.21, the Environmental Protection Agency (EPA) reviews new and revised surface WQS that have been adopted by states and authorized tribes. Authority to approve or disapprove new and/or revised water quality standards submitted to EPA for review has been delegated to the Water Quality Protection Division Director in Region 6. State or tribal WQS are not considered effective under the CWA unless and until approved by EPA. The purpose of this Technical Support Document (TSD) is to document the review and provide the basis for EPA’s actions concerning revisions to Regulation No. 2: Regulation Establishing Water Quality Standards for Surface Waters of the State of Arkansas adopted by the Arkansas Pollution Control and Ecology Commission (APC&EC or Commission) via Minute Order No. 14-10 on February 28, 2014. Chronology of Events Arkansas Department of Environmental Quality’s (ADEQ’s) previous triennial review occurred in 2007. Since that time, ADEQ has attempted (in 2010) to revise Regulation No. 2 (Reg. 2). However, following an extended public comment period in 2010 and 2011 and after receiving extensive comments, ADEQ did not to proceed with rulemaking. Instead, ADEQ convened three stakeholder workgroups and two sub-workgroup meetings in the summer of 2012. The workgroups consisted of local, state, and federal regulatory entities, environmental groups, and representatives of the regulated community. The workgroups were open to the public, and covered the entirety of ADEQ’s proposed revisions to Reg. No. 2. Workgroup participants were allowed to comment and openly discuss the proposed revisions. Provided below is a detailed chronology of events associated with this triennial review. 1 January 30, 2013 ADEQ filed a Petition to Initiate Rulemaking to Promulgate Regulation No. 2 February 22, 2013 The Arkansas Pollution Control and Ecology Commission granted the petition under Minute Order 13- 12 February 27, 2013 Legal notice of proposed revisions to Regulation No. 2 and public hearings published in the Arkansas Democrat- Gazette. Public comment period opened February 28, 2013 Legal notice of proposed revisions to Regulation No. 2 and public hearings published in the Arkansas Democrat- Gazette April 15, 2013 ADEQ held a public meeting on the triennial review of Regulation No. 2 at Allen Park Community Center in Jonesboro, AR April 18, 2013 ADEQ held a public meeting on the triennial review of Regulation No. 2 at the Fayetteville City Administration Building in Fayetteville, AR April 22, 2013 ADEQ held a public meeting on the triennial review of Regulation No. 2 at South Arkansas Community College in El Dorado, AR May 8, 2013 The public comment period ended on the proposed rulemaking to amend Regulation No. 2 September 23, 2013 ADEQ held a final public meeting on the triennial review of Regulation No. 2 at ADEQ Headquarters in North Little Rock, AR January 2014 ADEQ formally presented the final proposed amendments to Regulation No. 2 to the Public Health and Welfare Committee of the Legislative Council February 2014 ADEQ formally presented the final proposed amendments to Regulation No. 2 to the Administrative Rules & Regulations Subcommittee of the Legislative Council 2 February 28, 2014 ADEQ formally presented the final proposed amendments to Regulation No. 2 to the Regulations Committee of the APC&EC February 28, 2014 ADEQ formally presented the final proposed amendments to Regulation No. 2 to the APC&EC for adoption February 28, 2014 The APC&EC adopted the final proposed amendments to Regulation No. 2 via Minute Order No. 14-10 March 18, 2014 Bill Honker, Director, Water Quality Protection Division, EPA Region 6, received a letter dated March 14, from Ellen
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