Rule 2 - Water Quality Standards

Designated Uses are the goals to be achieved and protected for specific water bodies. Designated uses can include public water supply; the protection and propagation of fish, shellfish, and wildlife; recreational, agricultural, industrial, and navigational purposes; and ecological and aesthetic value. A single waterbody can have many assigned designated uses. The creeks people swim in may also be used to irrigate farm land. The designated uses for Arkansas’s waterbodies are in Chapter 3 of Rule 2.

This is a brief description of designated uses. For the full description, see Rule 2 , Designated Uses, 2.302.

• Extraordinary Resource Waters – are characterized by scenic beauty, aesthetics, scientific values, broad scope recreation potential, and intangible social values.
• Ecologically Sensitive Waterbody – provides habitat within the existing range of threatened, endangered, or endemic species of aquatic or semi-aquatic life forms.
• Natural and Scenic Waterways – identifies segments which have been legislatively adopted into a state or federal system.
• Primary Contact Recreation (swimmable) – involves full body contact.
• Secondary Contact Recreation (wadeable) – involves secondary activities like boating, fishing, or wading.
• Fisheries (fishable) – provides for the protection and propagation of fish, shellfish and other forms of aquatic life.
• Domestic Water Supply – is protected for use in public and private water supplies.
• Industrial Water Supply – is used for process and cooling water.
• Agricultural Water Supply – is used for irrigation of crops and/or consumption by livestock.

Water Quality criteria are descriptions of the chemical, physical and biological conditions necessary to achieve and protect designated uses. Criteria can be either numeric or narrative. Numeric criteria are measurable water quality benchmarks, such as “The acceptable range for pH is from 6 to 9 standard units.” Narrative criteria are statements that establish water quality goals, such as, “True color shall not be increased in any waters to the extent that it will interfere with present or projected future uses of these waters.” Criteria for general standards and specific standards can be found in chapters 4 and 5, respectively, of Rule 2.

Arkansas's Antidegradation Policy, found in Chapter 2 of Rule 2, is used to ensure protection of existing uses for all waters and provides extra protection for high quality waters or waters with unique aesthetic or ecological features.

The Clean Water Act requires that DEQ review its water quality standards (Rule 2) every three years, at least. The triennial review process, outlined below, must be followed.

1. Governor’s Review – The rulemaking is sent to the Governor’s Office for review.
2. Petition the Commission – DEQ petitions the Arkansas Pollution Control and Ecology Commission (APC&EC) to adopt revisions proposed by the DEQ Water Quality Planning Branch. These revisions may be necessary because of new scientific information or simply to correct things like typographical errors.
3. Public Notice – Rule 8 requires that information about the proposed revisions be published in newspapers with statewide circulation. Copies of the proposed regulation are made available at DEQ headquarters and at local public libraries.
4. Public Hearings – A public hearing is held to gather public input on the proposed revisions. The hearing is held at least 20 days after the date of public notice. During the hearing, written and oral comments concerning the proposed revisions are accepted and entered into the public record.
5. Public Comment Period – The public comment period will extend at least ten days beyond the public hearing, and written comments will continue to be accepted and entered into public record during this period.
6. Responsive Summary – DEQ must read and publicly respond to all comments received during the public comment period. This response, Responsive Summary, is published on DEQ's website.
7. Update Governor’s Office – If needed, the final draft of Rule 2 is sent to the governor's office for review if substantive changes were made based on public comment.
8. Commission Adoption – After the response to comments is developed, the final draft of the rule is sent to APC&EC to be adopted.
9. Legislative Approval – After adoption by the APC&EC, the rule is then sent to two legislative committees for review: Public Health, and Rules and Regulations.
10. Final State Action – After legislative committee review, the APC&EC files the final rule with the Secretary of State. The rule becomes final 10 days after filing.
11. EPA Approval – The final draft is then sent to U.S. EPA for final approval. The regulation may be used for Clean Water Act purposes only after EPA approval.

For additional information concerning the Public Notice, Public Hearing, and other aspects of the rulemaking process, refer to APC&EC Regulation 8: Administrative Procedures, Chapter 8.

DEQ and third parties may petition the APC&EC to amend water quality standards at any time; they do not have to wait for the triennial review process. Typically this is done through a Use Attainability Analysis, Water Effects Ratio, or Environmental Improvement Project.

The United States Environmental Protection Agency (EPA) reviews all Rule 2 rulemakings (both triennial review and third party rulemakings) after the Arkansas Pollution Control and Ecology Commission (APC&EC) approves and adopts the standards. When EPA’s review is complete they will send DEQ their Record of Decision. EPA can respond in one of three ways to the standards revisions.

1. EPA can approve all or part of the proposed standards revisions. Any revisions that are approved by EPA can then be used for Clean Water Act purposes.
2. EPA can disapprove all or part of the proposed standards revisions. Any revisions that are disapproved by EPA can NOT be used for Clean Water Act purposes, and the previously approved standard(s) still apply, regardless of what is printed in the most recent version of Rule 2 on the APC&EC’s website.
3. EPA can “take no action” all or part of the proposed standards revisions. Any revisions in which EPA “took no action” can NOT be used for Clean Water Act purposes, and the previously approved standard(s) still apply, regardless of what is printed in the most recent version of Rule 2 on the APC&EC’s website. EPA may “take no action” for standards revisions in which they are requesting further information, additional data, etc. For proposed revisions in which EPA “took no action”, EPA can approve or disapprove the proposed standards revisions after the requested information has been reviewed.