EPA Rule 2 Record of Decision

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.