118.01.22 Ark. Code R. 002

Current through Register Vol. 49, No. 9, September, 2024
Rule 118.01.22-002 - Rule 2, Rule Establishing Water Quality Standards for Surface Waters of the State of Arkansas
CHAPTER 1:AUTHORITY, GENERAL PRINCIPLES, AND COVERAGE
Rule 2.101Authority

Pursuant to the Arkansas Water and Air Pollution Control Act, (Ark. Code Ann. § 8-4-101 et seq.), and in compliance with the requirements of the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., (hereinafter "Clean Water Act"), the Arkansas Pollution Control and Ecology Commission (hereinafter "Commission") hereby promulgates this rule establishing water quality standards for all surface waters, interstate and intrastate, of the State of Arkansas.

Rule 2.102Purpose

The water quality standards herein set forth are based upon present, future and potential uses of the surface waters of the State and criteria developed from statistical evaluations of past water quality conditions and a comprehensive study of least-disturbed, ecoregion reference streams. The standards are designed to enhance the quality, value, and beneficial uses of the water resources of the State of Arkansas, to aid in the prevention, control and abatement of water pollution, to provide for the protection and propagation of fish and wildlife and to provide for recreation in and on the water. In establishing these standards, the Commission has taken into consideration the use and value of the streams for public water supplies, commercial, industrial and agricultural uses, aesthetics, recreational purposes, propagation of fish and wildlife, other beneficial uses, and views expressed at public hearings. The State of Arkansas has an exceptionally large volume of high quality water. With few exceptions the streams and lakes of Arkansas contain waters of a quality suitable for all legitimate uses without the necessity of unreasonable water treatment. Where man-made pollution exists, substantial progress has been made in abatement. It is the purpose of these rules to preserve and protect the quality of this water so that it shall be reasonably available for all beneficial uses and thus promote the social welfare and economic well-being of the people of the State. It is further the purpose of these rules to designate the uses for which the various waters of the State shall be maintained and protected; to prescribe the water quality standards required to sustain the designated uses; and to prescribe rules necessary for implementing, achieving and maintaining the prescribed water quality.

Rule 2.103Commission Review

The water quality standards herein established will be reviewed by the Commission at least once each three-year period beginning as of October 18, 1972. Revisions may be made to take into account changing technology of waste production, treatment and removal, advances in knowledge of water quality requirements, and other relevant factors.

Rule 2.104Policy for Compliance

It shall be the policy of the Arkansas Department of Energy and Environment, Division of Environmental Quality (hereinafter "Division") to provide, on a case-by-case basis, a reasonable time for an existing permittee to comply with new or revised water quality based effluent limits. Consequently, compliance schedules may be included in National Pollutant Discharge Elimination System (NPDES) permits at the time of renewal or permit modification initiated by the Division to require compliance with new water quality standards. Compliance must occur at the earliest practicable time, in accordance with 40 C.F.R. § 122.47.

Rule 2.105Environmental Improvement Projects

The Commission may, after consideration of information provided pursuant to Appendix B and Ark. Code Ann. § 8-5-901 et seq., grant temporary modifications to the General and Specific Standards or establish a subcategory(ies) of use(s) for completion of long-term Environmental Improvement Projects.

Rule 2.106Definitions

304(a) Guidance: Refers to Section 304(a) of the Clean Water Act, 33 U.S.C. § 1314(a), which requires the United States Environmental Protection Agency to publish and periodically update ambient water quality criteria which will be protective of human health and the environment.

Abatement: The reduction in degree or intensity of pollution.

Acute toxicity: A statistically significant difference (at the 95 percent confidence level) in mortality or immobilization between test organisms and a control measured during a specified period of time which is normally less than 96 hours.

Algae: Simple plants (without roots, stems, or leaves ) that contain chlorophyll and are capable of photosynthesis.

Aquatic biota: All those life forms which inhabit the aquatic environment.

Aquatic life: The designated use of a waterbody determined by the fish community and other associated aquatic biota.

Base flows: That portion of the stream discharge that is derived from natural storage (i.e., outflow from groundwater or swamps), or sources other than recent rainfall that creates surface runoff. Also called sustaining, normal, dry weather, ordinary, or groundwater flow.

Bioaccumulation: The process by which a compound is taken up by an aquatic organism, both from water and through food.

Chronic toxicity: A statistically significant difference (at the 95 percent confidence level) in mortality or immobilization, reduced reproduction or limited growth between test organisms and a control measured during a substantial segment of the life span of the test organism.

Commission: The Arkansas Pollution Control and Ecology Commission.

Conventional pollutants: Pursuant to section 304(a)(4) of the Clean Water Act, 33 U.S.C. § 1314(a)(4), includes biochemical oxygen demand (BOD), total suspended solids (nonfilterable) (TSS), pH, fecal coliform, and oil and grease.

Criterion continuous concentration (CCC): An estimate of the highest concentration of a material in ambient water to which an aquatic community can be exposed indefinitely without resulting in an unacceptable adverse effect. This is the chronic criterion.

Criterion maximum concentration (CMC): An estimate of the highest concentration of a material in ambient water to which an aquatic community can be exposed briefly without resulting in an unacceptable adverse effect. This is the acute criterion.

Critical flows: The flow volume used as background dilution flows in calculating concentrations of pollutants from permitted discharges. These flows may be adjusted for mixing zones. The following critical flows are applicable:

For a seasonal aquatic life - 1 cubic foot per second minus the design flow of any point source discharge (may not be less than zero);

For human health - harmonic mean flow or long term average flow;

For minerals - harmonic mean flow, except as follows:

Rule 2.511(A)* Site Specific Mineral Criteria listed with an asterisk- 4 cubic feet per second.
Rule 2.511(C)* Domestic Water Supply: Q7-10; and

For metals and conventional pollutants - Q7-10.

Critical season: That period of the year when water temperatures exceed 22°C. This is normally the hot, dry season and after the majority of the fish spawning activities have ceased. This season occurs during a different time frame in different parts of the state, but normally exists from about mid-May to mid-September.

Cumulative: Increasing by successive additions.

Degradation: The act or process of causing any decrease in quality.

Design flow: A facility discharge flow of process wastewater that is authorized in a NPDES permit.

Designated uses: Those uses specified in the water quality standards for each waterbody or stream segment whether or not they are being attained.

Discharge: A discrete point source of waste or wastewater entering into waters of the State.

Dissolved oxygen (DO): A measure of the concentration of oxygen in solution in a liquid.

Division: The Arkansas Department of Energy and Environment, Division of Environmental Quality or its successor.

Ecoregion: A large area of landscape with relatively homogenous physical, chemical and biological characteristics.

Effluent: Water that is not reused after flowing out of any wastewater treatment facility or other works used for the purpose of treating, stabilizing, or holding wastes.

Escherichia coli: A rod shaped gram negative bacillus (0.5 - 3-5 microns) abundant in the large intestines of mammals.

Endemic: Native to and confined to a specific region.

Existing uses: Those uses listed in Section 303(c)(2) of the Clean Water Act, 33 U.S.C. § 1313(c)(2) (i.e., public water supplies, propagation of fish and wildlife, recreational uses, agricultural and industrial water supplies, and navigation), which were actually attained in the waterbody on or after November 28, 1975, whether or not they are included in the water quality standards.

Fecal coliform bacteria: Gram-negative nonspore-forming rods that ferment lactose in 24 ± 2 hours at 44.5 ± 0.2°C with the production of gas in a multiple-tube procedure or produce acidity with blue colonies in a membrane filter procedure. For the purpose of this rule, the genus Klebsiella is not included in this definition.

Fishable/swimmable: Refers to one of the national goals stated in Section 101(a)(2) of the Clean Water Act, 33 U.S.C. § 1251(a)(2),"...provides for the protection and propagation of fish, shellfish and wildlife and provides for recreation in and on the water."

Groundwater: Water below the land surface in a zone of saturation.

Hardness: A measure of the sum of multivalent metallic cations expressed as calcium carbonate (CaCO3).

Harmonic mean flow: The reciprocal of the mean of the reciprocals of daily flow measurements.

Headwater: The upper watershed area where streams generally begin; typically consists of 1st-and 2nd-order streams.

Heavy metals: A general name given to the ions of metallic elements heavier than iron, such as cadmium, lead, mercury, copper, zinc and chromium.

Human health criteria: Levels of toxicants in ambient water which will not manifest adverse health effects in humans.

Hypolimnion: That portion of a thermally stratified lake or reservoir below the zone in which the rate of temperature change is greatest. An area of minimal circulation and mixing.

Impairment: Exceedances of the water quality standards by a frequency and/or magnitude which results in any designated use of a waterbody to fail to be met as a result of physical, chemical or biological conditions.

Indicator species: Species of fish which may not be dominant within a species group and may not be limited to one area of the state, but which, because of their presence, are readily associated with a specific ecoregion. All indicator species need not be present to establish a normal or representative fishery.

Indigenous: Produced, growing or living naturally in a particular region or environment.

Interstate: Of, connecting, or existing between two or more states.

Intrastate: Existing or occurring within a state.

Ionizing radiation: Gamma rays and x-rays; alpha and beta particles, high speed electrons, neutrons, protons and other nuclear particles; but not sound or radio waves, or visible, infrared or ultraviolet light.

Key species: Fishes which are normally the dominant species (except for some ubiquitous species) within the important groups such as fish families or trophic feeding levels. All specified key species need not be present to establish a normal or representative fishery.

Long term average flow: An average annual stream flow based on a period of record which reflects the typical annual variability.

Milligrams per liter (mg/L): The concentration at which one milligram is contained in a volume of one liter; one milligram per liter is equivalent to one part per million (ppm) at unit density.

Mixing zone: An area where an effluent discharge undergoes mixing with the receiving waterbody. For toxic discharges a zone of initial dilution may be allowed within the mixing zone.

Mouth: The point of confluence where a stream enters a larger body of water.

Natural background: Ambient conditions or concentrations of a parameter due to non-anthropogenic sources; natural background does not typically interfere with support of designated uses nor the level of aquatic biota expected to occur naturally at the site.

Naturally occurring excursions: Temporary deviation from natural background due to natural events such as severe storm events, drought, temperature extremes, etc.

Nephelometric turbidity unit (NTU): A measure of turbidity based upon a comparison of the intensity of light scattered by a sample of water under defined conditions with the intensity of light scattered by a standard reference suspension; NTU are considered comparable to the previously reported Jackson Turbidity Units (JTU). May also be reported as Formazin Turbidity Units (FTU) in equivalent units.

Nonpoint source: A contributing factor to water pollution that is not confined to an end-of-the-pipe discharge, i.e., stormwater runoff not regulated under Clean Water Act § 402(p)(1), 33 U.S.C. § 1342(p), agricultural or silvicultural runoff, irrigation return flows, etc.

Nuisance species: Those organisms capable of interfering with the beneficial use of water.

Nutrient: Any substance assimilated by an organism which promotes growth and replacement of cellular constituents. The usual nutrient components of water pollution are nitrogen, phosphorus and carbon.

Objectionable algal densities: Numbers of total algae which would interfere with a beneficial use.

Persistent: Degraded only slowly by the environment.

pH: The negative logarithm of the effective hydrogen-ion concentration in gram equivalents per liter.

Picocurie: One trillionth (10 -13) of a curie which is a unit of quantity of any radioactive nuclide in which 3.7 X 1010 disintegrations occur per second.

Point source: A discharge from a discrete point.

Primary season: That period of the year when water temperatures are 22°C or below. This includes the major part of the year from fall through spring, including the spawning season of most fishes. It normally occurs from about mid-September to mid-May.

Q7-10: A flow volume equal to or less than the lowest mean discharge during 7 consecutive days of a year which, on the average, occurs once every 10 years.

Regulated-flow stream: Those streams restricted by structures which have the ability to control stream flow.

Seasonal aquatic life: The designated aquatic life use that occurs in some waterbodies only during the period when stream flows increase substantially and water temperatures are cooler. This is normally during the months of December through May.

State of Arkansas Continuing Planning Process: A document setting forth the principal procedures of the State's water quality management programs, developed pursuant to Section 303(e) of the Clean Water Act, 33 U.S.C. § 1313(e), and 40 C.F.R. § 130.5. The CPP is not a rule.

Storm flows: Takes into account all flows and data collected throughout the year, including elevated flows due to rainfall events.

Surface water: That water contained on the exterior or upper portion of the earth's surface as opposed to groundwater.

Synergism: Cooperative action of discrete agents such that the total effect is greater than the sum of the effects taken independently.

Total dissolved solids (TDS): The total soluble organic and inorganic material contained in water; includes those materials, both liquid and solid, in solution and otherwise, which pass through a standard glass fiber filter disk and are not volatilized during drying at 180°C.

Trout fishery: Water that is suitable for the growth and survival of trout, usually characterized as high quality water having a maximum summer temperature of 68°F or less.

Use attainability analysis: A structured scientific assessment of the factors affecting the attainment of the fishable/swimmable use which may include physical, chemical, biological and economic factors.

Waterbodies, waterways, waters: In this document, refers to surface waters of the State as described in Act 472.

Water effects ratio (WER): A specific pollutant's acute or chronic value measured from a specific site ambient water, divided by the respective acute or chronic toxicity of the same pollutant in laboratory water.

Zone of initial dilution (ZID): An area within the mixing zone where a toxic effluent discharge initiates mixing in the receiving waterbody. This is an area where acute water quality criteria may be exceeded, but acute toxicity may not occur.

CHAPTER 2:ANTIDEGRADATION POLICY
Rule 2.201Existing Uses

Existing instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected.

Rule 2.202High Quality Waters

Where the quality of the waters exceeds levels necessary to support propagation of fish, shellfish and wildlife and recreation in and on the water, that quality shall be maintained and protected unless the State finds, after full satisfaction of the intergovernmental coordination and public participation provisions of the State of Arkansas's Continuing Planning Process, that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located. In allowing such degradation or lower water quality, the State shall assure water quality adequate to protect existing uses fully. Further, the State shall assure that (1) there shall be achieved the highest statutory and regulatory requirements for all new and existing point sources and (2) that the provisions of the Arkansas Water Quality Management Plan be implemented with regard to nonpoint sources.

Rule 2.203Outstanding Resource Waters

Where high quality waters constitute an outstanding state or national resource, such as those waters designated as Extraordinary Resource Waters, Ecologically Sensitive Waterbodies or Natural and Scenic Waterways, those uses and water quality for which the outstanding waterbody was designated shall be protected by (1) water quality controls, (2) maintenance of natural flow regime, (3) protection of instream habitat, and (4) encouragement of land management practices protective of the watershed. It is not the intent of the Extraordinary Resource Waters (ERW) designated use definition to imply that ERW status dictates regulatory authority over private land within the watershed, other than what exists under local, state, or federal law. The Arkansas Natural Resources Commission has responsibility for the regulation of the withdrawal of water from streams and reservoirs, and such withdrawals are not within the jurisdiction of this rule.

Rule 2.204Thermal Discharges

In those cases where potential water quality impairment associated with a thermal discharge is involved, the antidegradation policy and implementing method shall be consistent with Section 316 of the Clean Water Act, 33 U.S.C. § 1326.

CHAPTER 3:WATERBODY USES
Rule 2.301Introduction

Substantially all the waters of the State have been designated for specific uses as shown in Appendix A. In those instances where waters are classified for multiple uses and different criteria are specified for each use, the criteria to protect the most sensitive use shall be applicable.

Rule 2.302Designated Uses

The designated uses are defined as follows:

(A) Extraordinary Resource Waters - This beneficial use is a combination of the chemical, physical and biological characteristics of a waterbody and its watershed that is characterized by scenic beauty, aesthetics, scientific values, broad scope recreation potential and intangible social values. (For specific listings, refer to Appendices A and D)
(B) Ecologically Sensitive Waterbody - This beneficial use identifies segments known to provide habitat within the existing range of threatened, endangered or endemic species of aquatic or semi-aquatic life forms. (For specific listings, refer to Appendices A and D)
(C) Natural and Scenic Waterways - This beneficial use identifies segments that have been legislatively adopted into a state or federal system. (For specific listings, refer to Appendices A and D)
(D) Primary Contact Recreation - This beneficial use designates waters where full body contact is involved. Any streams with watersheds of greater than 10 mi2 are 2 designated for full body contact. All streams with watersheds less than 10 mi2 may be designated for primary contact recreation after site verification.
(E) Secondary Contact Recreation - This beneficial use designates waters where secondary activities like boating, fishing or wading are involved.
(F) Aquatic Life - This beneficial use provides for the protection and propagation of fish, shellfish and other forms of aquatic biota. It is further subdivided into the following subcategories:
(1)Trout Waters- Water that is suitable for the growth and survival of trout (Family: Salmonidae).
(2)Lakes and Reservoirs - Water that is suitable for the protection and propagation of fish and other forms of aquatic biota adapted to impounded waters. Generally characterized by a dominance of sunfishes such as bluegill or similar species, black basses and crappie. May include substantial populations of catfishes such as channel, blue and flathead catfish and commercial fishes including carp, buffalo and suckers. Forage fishes are normally shad or various species of minnows. Unique populations of walleye, striped bass and/or trout may also exist.
(3)Streams - Water that is suitable for the protection and propagation of fish and other forms of aquatic biota adapted to flowing water systems whether or not the flow is perennial.
(a)Ozark Highlands Ecoregion - Streams supporting diverse communities of indigenous or adapted species of fish and other forms of aquatic biota. Fish communities are characterized by a preponderance of sensitive species and normally dominated by a diverse minnow community followed by sunfishes and darters. The community may be generally characterized by the following fishes:

Key Species

Indicator Species

Duskystripe, Bleeding or Cardinal shiner

Banded sculpin

Northern hogsucker

Ozark madtom

Slender madtom

Southern redbelly dace

"Rock" basses

Whitetail shiner

Rainbow and/or Orangethroat darters

Ozark minnow

Smallmouth bass

(b)Boston Mountains Ecoregion - Streams supporting diverse communities of indigenous or adapted species of fish and other forms of aquatic biota. Fish communities are characterized by a major proportion of sensitive species; a diverse, often darter-dominated community exists but with nearly equal proportions of minnows and sunfishes. The community may be generally characterized by the following fishes:

Key Species

Indicator Species

Bigeye shiner

Shadow bass

Black redhorse

Wedgespot shiner

Slender madtom

Longnose darter

Longear sunfish

Fantail darter

Greenside darter

Smallmouth bass

(c)Arkansas River Valley Ecoregion - Streams supporting diverse communities of indigenous or adapted species of fish and other forms of aquatic biota. Fish communities are characterized by a substantial proportion of sensitive species; a sunfish- and minnow-dominated community exists but with substantial proportions of darters and catfishes (particularly madtoms). The community may be generally characterized by the following fishes:

Key Species

Indicator Species

Bluntnose minnow

Orangespotted sunfish

Golden redhorse

Blackside darter

Yellow bullhead

Madtoms

Longear sunfish

Redfin darter

Spotted bass

(d)Ouachita Mountains Ecoregion - Streams supporting diverse communities of indigenous or adapted species of fish and other forms of aquatic biota. The fish community is characterized by a major proportion of sensitive species; a minnow-sunfish-dominated community exists, followed by darters. The community may be generally characterized by the following fishes:

Key Species

Indicator Species

Bigeye shiner

Shadow bass

Northern hogsucker

Gravel chub

Freckled madtom

Northern studfish

Longear sunfish

Striped shiner

Orangebelly darter

Smallmouth bass

(e)Typical Gulf Coastal Ecoregion - Streams supporting diverse communities of indigenous or adapted species of fish and other forms of aquatic biota. Fish communities are characterized by a limited proportion of sensitive species; sunfishes are distinctly dominant followed by darters and minnows. The community may be generally characterized by the following fishes:

Key Species

Indicator Species

Redfin shiner

Pirate perch

Spotted sucker

Flier

Yellow bullhead

Spotted sunfish

Warmouth

Dusky darter

Slough darter

Creek chubsucker

Redfin pickerel

Banded pygmy sunfish

(f)Springwater-influenced Gulf Coastal Ecoregion - Streams supporting diverse communities of indigenous or adapted species of fish and other forms of aquatic biota. Fish communities are characterized by a substantial proportion of sensitive species; sunfishes normally dominate the community and are followed by darters and minnows. The community may be generally characterized by the following fishes:

Key Species

Indicator Species

Redfin shiner

Pirate perch

Blacktail redhorse

Golden redhorse

Freckled madtom

Spotted bass

Longear sunfish

Scaly sand darter

Creole darter

Striped shiner

Redfin pickerel

Banded pygmy sunfish

(g)Least-altered Delta Ecoregion - Streams supporting diverse communities of indigenous or adapted species of fish and other forms of aquatic biota. Fish communities are characterized by an insignificant proportion of sensitive species; sunfishes are distinctly dominant followed by minnows. The community may be generally characterized by the following fishes:

Key Species

Indicator Species

Ribbon shiner

Pugnose minnow

Smallmouth buffalo

Mosquitofish

Yellow bullhead

Pirate perch

Bluegill

Tadpole madtom

Bluntnose darter

Banded pygmy sunfish

Largemouth bass

(h)Channel-altered Delta Ecoregion - Streams supporting diverse communities of indigenous or adapted species of fish and other forms of aquatic biota. Fish communities are characterized by an absence of sensitive species; sunfishes and minnows dominate the population followed by catfishes. The community may be generally characterized by the following fishes:

Key Species

Indicator Species

Blacktail shiner

Mosquitofish

Drum

Gizzard shad

Carp

Emerald shiner

Channel catfish

Green sunfish

Spotted gar

(G) Domestic Water Supply - This beneficial use designates water that will be protected for use in public and private water supplies. Conditioning or treatment may be necessary prior to use.
(H) Industrial Water Supply - This beneficial use designates water that will be protected for use as process or cooling water. Quality criteria may vary with the specific type of process involved and the water supply may require prior treatment or conditioning.
(I) Agricultural Water Supply - This beneficial use designates waters that will be protected for irrigation of crops and/or consumption by livestock.
(J) Other Uses - This category of beneficial use is generally used to designate uses not dependent upon water quality, such as hydroelectric power generation and navigation.
Rule 2.303Use Attainability Analysis
(A) A use attainability analysis must be conducted to justify the following conditions:
(1) Removing a fishable/swimmable designated use, which is not an existing use, from a waterbody; or
(2) To identify a subcategory of a fishable/swimmable use that requires less stringent criteria.
(B) In order to remove a designated fishable/swimmable use, which is not an existing use, or identify subcategories of a fishable/swimmable use that require less stringent criteria, it must be demonstrated that the designated use is not attainable because:
(1) naturally occurring pollutant concentrations prevent the attainment of the use; or
(2) natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating State water conservation requirements to enable uses to be met; or
(3) human caused conditions or sources of pollution prevent attainment of the use and cannot be remedied or would cause more environmental damage to correct than leave in place; or
(4) dams, diversions or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate such modification in a way that would result in the attainment of the use; or
(5) physical conditions related to the natural features of a water body, such as lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life protection uses; or
(6) controls more stringent than those required by Section 301(b) and 306 of the Clean Water Act would result in substantial and widespread economic and social impact.

The scope of a use attainability analysis shall be in direct proportion to the project involved and the resource value of the receiving stream. Methods for conducting a use attainability analysis may be found in the November 1983 United States Environmental Protection Agency publication entitled Technical Support Manual: Waterbody Surveys and Assessments for Conducting Use Attainability Analyses. Other scientific methods, including the use of existing technical data, may be used for justifying the removal of a designated use, provided the methods are agreed upon prior to the study. Such other methods may include the use of information previously gathered through technical studies, use attainability analysis, or both. Use attainability analysis procedures may be found in the State of Arkansas Continuing Planning Process document. Any waterbody on which a use attainability analysis is approved shall be listed in Appendix A with appropriate criteria.

Rule 2.304Physical Alteration of Habitat

Significant physical alterations of the habitat within Extraordinary Resource Waters, Ecologically Sensitive Waterbodies, or Natural and Scenic Waterways are not allowed. In other waters, where significant physical alterations of the habitat are proposed, the Division must be assured that no significant degradation of any existing use or water quality necessary to protect that use will occur. In order to make such determinations, the Division may require an evaluation of all practicable alternatives to the project including: an environmental assessment of the impacts of each alternative, an engineering and economic analysis, and a socio-economic evaluation of the project in the local area.

Rule 2.305Short Term Activity Authorization

The Director may authorize, with whatever conditions deemed necessary and without public notice, short term activities which might cause a violation of the Arkansas Water Quality Standards. This authorization is subject to the provisions that such activity is essential to the protection or promotion of the public interest and that no permanent or long-term impairment of beneficial uses is likely to result from such activity. Nothing herein shall be intended to supersede existing state and federal permitting processes or requirements.

Activities eligible for authorization include, but are not limited to:

(A) wastewater treatment facility maintenance;
(B) fish eradication projects;
(C) mosquito abatement projects;
(D) algae and weed control projects;
(E) dredge and fill projects;
(F) construction activities; or
(G) activities which result in overall enhancement or maintenance of beneficial uses.

The Director shall specify the degree of variance from the standards, the time limit of activity, and restoration procedures where applicable.

Such authorization shall not be granted for activities which result in the adverse impact on any federally threatened or endangered species or on critical habitat of such species.

Rule 2.306Procedures for Removal of Any Designated Use Except Fishable/Swimmable, Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway, and Modification of Water Quality Criteria not Related to These Uses

This procedure is applicable in those cases where the Commission chooses to establish less stringent water quality criteria without affecting a fishable/swimmable use or the designated use of Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway, or when the Commission chooses to remove a use which is not an existing use other than fishable/swimmable, Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway.

The Commission may allow a modification of the water quality criteria or the removal of a use which is not a fishable/swimmable use or designated use of Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway to accommodate important economic or social development in a local area, if existing uses are maintained and protected fully and the requirements for public participation in the State of Arkansas Continuing Planning Process are met. As a minimum, the following information shall be submitted to the Director before initiation of the public participation process:

(A) Technological or economic limits of treatability.
(B) Economic analysis of the impact on the local area.
(C) Documentation that the use being removed is not an existing use and that all other designated uses will be protected.

Modifications made pursuant to this section may be required to be rejustified for continued support. As community water needs change, or technological advancement, including long-term environmental improvement projects, make treatment options more practicable, the Commission may reevaluate the need for the reestablishment of the more stringent water quality criteria or the removed use.

Any waterbody on which such alterations are approved will be so listed in Appendix A with the applicable changes noted.

Rule 2.307Use Subcategories

The Commission may adopt sub-categories of a use and set the appropriate criteria to reflect varying needs of such sub-categories of uses; for instance, to differentiate between cold and warm water fisheries or agricultural and domestic water supply.

Rule 2.308Site Specific Criteria

In establishing criteria:

(A) Establish numerical criteria values based on:
(1) 304(a) Guidance; or
(2) 304(a) Guidance modified to reflect site conditions (i.e., Water Effects Ratio); or
(3) Other scientifically defensible methods.
(B) Establish narrative criteria or criteria based upon biomonitoring methods where numerical criteria cannot be established or to supplement numerical criteria.
Rule 2.309Water Quality Standards Temporary Variance

A water quality standards temporary variance shall be developed in accordance with and meet the requirements of 40 C.F.R. § 131.14 and must be approved by the Arkansas Pollution Control and Ecology Commission and the United States Environmental Protection Agency.

Rule 2.310Procedure for the Removal of the Designated Use of Extraordinary Resource Water, or Ecologically Sensitive Waterbody, or Natural and Scenic Waterway for the Purpose of Constructing a Reservoir on a Free Flowing Waterbody to Provide a Domestic Water Supply.
(A) An Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway designated use may be removed from a free flowing waterbody for the purpose of constructing a reservoir to provide a domestic water supply, if it can be demonstrated that:
(1) the sole purpose for the funding and construction of the reservoir is to provide a domestic water supply; and
(2) there is no feasible alternative to constructing a reservoir in order to meet the domestic water needs of the citizens of the State of Arkansas.

The limitation in Subsection A(1) of this section does not prohibit incidental uses of the reservoir that are consistent with the use of domestic water supply.

(B) A petition to initiate rulemaking to remove an Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway designated use from a free flowing waterbody in order to construct a reservoir to provide a domestic water supply may be submitted to the Commission by a regional water distribution district, public facilities board, public water authority, or other public entity engaged in providing water to the public. Such petition, at a minimum, shall include:
(1) A map depicting the location of the proposed project and the area to be impounded;
(2) A description of the proposed project, including detailed design plans;
(3) A certification that the proposed structure to impound the free flowing stream shall be funded and constructed solely for the purpose of providing a domestic water supply;
(4) An evaluation of all alternatives to the proposed project, including:
(i) an environmental assessment of the impacts of each alternative on the instream and downstream water quality, the instream habitat, and the habitat and plant and animal life in the area upstream, downstream, and to be inundated by the proposed project;
(ii) the costs associated with, and an economic analysis for, each alternative;
(iii) an engineering analysis for each alternative; and
(iv) a socio-economic evaluation of the project to the local area and to the State as a whole; and
(5) Information and supporting documentation which address the criteria set forth in Appendix E;
(6) A recommendation to the Commission from the Director on whether or not the designated use should be maintained based upon a review of the information and supporting documentation required to be considered in Appendix E. The Director shall provide the petitioner with the Director's recommendation within 180 days of the Division's receipt of the petitioner's Appendix E submittal. If the Director does not deliver a recommendation to the petitioner within the 180 day time period, the petitioner may file its petition under this section without including a recommendation from the Director. The Director may submit a recommendation to the Commission at any time not less than 30 days prior to the Commission's final decision on the petition.
(7) A description of any proposed mechanisms for protecting the domestic water supply, including but not limited to prohibitions to be placed on commercial and residential development along the proposed shoreline of the impoundment, the controls to be placed on public access to the water supply, and the legal authority for establishing and maintaining these domestic water supply protections; and
(8) Any other submittals required by Rule 8 for a petition to initiate rulemaking.
(C) The Commission, as part of its rulemaking decision, shall determine whether or not a feasible alternative to constructing a reservoir is available to meet the domestic water needs of the citizens of the State of Arkansas. The Commission shall set forth the reasons for its determination in writing. The designated use of Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway shall not be removed by the Commission if a feasible alternative to constructing a reservoir is available to meet the domestic water needs of the citizens of the State of Arkansas.
(D) The Commission, as part of its rulemaking, shall determine whether or not the sole purpose for the funding and construction of the reservoir is to provide a domestic water supply. The Commission shall set forth the reasons for its determination in writing. The designated use of Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway shall not be removed by the Commission if the purpose for the funding and construction of the reservoir is other than to provide a domestic water supply. In no circumstance, shall the designated use of Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway be removed by the Commission from a free flowing waterbody in order to construct a reservoir for recreational, flood control, or economic purposes other than providing a domestic water supply.
(E) The Commission, as part of its rulemaking decision, shall determine whether or not the designated use of Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway of a given waterbody should be maintained. The Commission shall set forth the reasons for its determination in writing, after considering the Director's recommendation referenced in Subsection (B)(6) of this section and reviewing the information and supporting documentation which address the criteria set forth in Appendix E.
Rule 2.311Procedure for the Addition of the Designated Use of Extraordinary Resource Water, or Ecologically Sensitive Waterbody, or Natural and Scenic Waterway to a Waterbody or Segment of a Waterbody.
(A) Any waters of the State may be nominated for designation as an Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway by submitting a petition to initiate rulemaking to the Arkansas Pollution Control and Ecology Commission. Such petition shall include, at a minimum, the following:
(1) Name of petitioner;
(2) Petitioner's mailing address and telephone number;
(3) Name and location description of the waterbody or segment proposed for designation;
(4) A map depicting the waterbody or segment proposed for designation;
(5) Petitioner's interest in the proposed action;
(6) Statement of potential benefits and impacts of the proposed action, including economic benefits and impacts;
(7) Evidence of requests for resolution(s) by appropriate local government(s) regarding the nomination of the waterbody as an Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway;
(8) Supporting documentation for the designation, including information which addresses the factors listed in Appendix F;
(9) Recommended language change necessary to affect this proposed change to any Commission rule; and
(10) Any other submittals required by Rule 8 for a petition to initiate rulemaking.
(B) The Commission, as part of its rulemaking, shall set forth in writing the reasons for its final decision.
CHAPTER 4:GENERAL STANDARDS
Rule 2.401Applicability

Unless otherwise indicated in this Chapter or in Appendix A, the general standards outlined below are applicable to all surface waters of the State at all times. They apply specifically with regard to substances attributed to discharges, nonpoint sources, or instream activities as opposed to natural phenomena. Waters may, on occasion, have natural background levels of certain substances outside the limits established by these criteria, in which case these criteria do not apply.

Rule 2.402Nuisance Species

All waters shall be free from substances attributed to man-caused point or nonpoint source discharges in concentrations that produce undesirable aquatic biota or result in the dominance of nuisance species.

Rule 2.403Methods

The methods of sample collection, preservation, measurements, and analyses shall be in accordance with the United States Environmental Protection Agency Guidelines Establishing Test Procedures for the Analysis of Pollutants ( 40 C.F.R. § 136) or other proven methods acceptable to the.

Rule 2.404Mixing Zones

Where mixing zones are allowed, the effects of wastes on the receiving stream shall be determined after the wastes have been thoroughly mixed with the mixing zone volume. Outfall structures should be designed to minimize the extent of mixing zones to ensure rapid and complete mixing.

For aquatic life toxic substances in larger streams (those with Q7-10 flows equal to or greater than 100 cfs), the zone of mixing shall not exceed 1/4 of the cross-sectional area and/or critical flow volume of the stream. The remaining 3/4 of the stream shall be maintained as a zone of passage for swimming and drifting organisms, and shall remain of such quality that stream ecosystems are not significantly affected. In the smaller streams (Q7-10 flows less than 100 cfs) because of varying local physical and chemical conditions and biological phenomena, a sitespecific determination shall be made on the percentage of river width necessary to allow passage of critical free-swimming and drifting organisms so that negligible or no effects are produced on their populations. As a guideline, no more than 2/3 of the cross-sectional area and/or critical flow volume of smaller streams should be devoted to mixing zones thus leaving at least 1/3 of the cross-sectional area free as a zone of passage.

Mixing zones are not allowed for the parameters of bacteria or oil and grease, or where the background flow is less than the critical flow or where the background concentration of a waste parameter exceeds the specific criteria for that waste parameter.

In lakes and reservoirs the size of mixing zones shall be defined by the Division on an individual basis, and the area shall be kept at a minimum.

Mixing zones shall not prevent the free passage of fish or significantly affect aquatic ecosystems.

A mixing zone shall not include any domestic water supply intake.

Rule 2.405Biological Integrity

For all waters with specific aquatic life use designated in Appendix A, aquatic biota should not be impacted. Aquatic biota should be representative of streams that have the ability to support the designated fishery, taking into consideration the seasonal and natural variability of the aquatic biota community under naturally varying habitat and hydrological conditions; the technical and economic feasibility of the options available to address the relevant conditions; and other factors.

An aquatic biota assessment should compare biota communities that are similar in habitat and hydrologic condition, based upon either an in-stream study including an upstream and downstream comparison, a comparison to a reference water body within the same ecoregion, or a comparison to community characteristics from a composite of reference waters. Such a comparison should consider the seasonal and natural variability of the aquatic biota community. It is the responsibility of the Division to evaluate the data for an aquatic biota assessment to protect aquatic life uses designated in Appendix A. Such data may be used to develop permit effluent limitations or conditions.

Rule 2.406Color

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.

Rule 2.407Taste and Odor

Taste and odor producing substances shall be limited in receiving waters to concentrations that will not interfere with the production of potable water by reasonable water treatment processes, impart unpalatable flavor to food or fish, result in offensive odors arising from the waters, or otherwise interfere with the reasonable use of the water.

Rule 2.408Solids, Floating Material and Deposits

Receiving waters shall have no distinctly visible solids, scum, or foam of a persistent nature, nor shall there be any formation of slime, bottom deposits, or sludge banks.

Rule 2.409Toxic Substances

Discharges shall not be allowed into any waterbody which, after consideration of the zone of initial dilution, the mixing zone, and critical flow conditions, will cause toxicity to human, animal, plant, or aquatic biota or interfere with normal propagation, growth, and survival of aquatic biota.

Rule 2.410Oil and Grease

Oil, grease, or petrochemical substances shall not be present in receiving waters to the extent that they produce globules, other residue, or any visible, colored film on the surface; coat the banks and/or bottoms of the waterbody; or adversely affect any of the aquatic biota.

CHAPTER 5:SPECIFIC STANDARDS
Rule 2.501Applicability

Unless otherwise indicated in this Chapter or in Appendix A, the following specific standards shall apply to all surface waters of the State at all times except during periods when flows are less than the applicable critical flow. Streams with regulated flow will be addressed on a case-by-case basis to maintain designated instream uses. These standards apply outside the applicable mixing zone. Waters may, on occasion, have natural background levels of certain substances outside the limits established by these criteria, in which case these criteria do not apply to the naturally occurring excursions.

Rule 2.502Temperature

Heat shall not be added to any waterbody in excess of the amount that will elevate the natural temperature, outside the mixing zone, by more than 5°F (2.8°C) based upon the monthly average of the maximum daily temperatures measured at mid-depth or three feet (whichever is less) in streams, lakes, or reservoirs.

The following criteria are applicable:

Waterbodies

Criteria °C (°F)

Streams

Ozark Highlands

29 (84.2)

Boston Mountains

31 (87.8)

Arkansas River Valley

31 (87.8)

Ouachita Mountains

30 (86.0)

Springwater-influenced Gulf Coastal

30 (86.0)

Typical Gulf Coastal

30 (86.0)

Least-Altered Delta

30 (86.0)

Channel-Altered Delta

32 (89.6)

White River (Dam #1 to mouth)

32 (89.6)

St. Francis River

32 (89.6)

Mississippi River

32 (89.6)

Arkansas River

32 (89.6)

Ouachita River (L. Missouri R.to Louisiana state line)

32 (89.6)

Red River

32 (89.6)

Lakes and Reservoirs

32 (89.6)

Trout Waters

20 (68.0)

Temperature requirements shall not apply to off-stream privately-owned reservoirs constructed primarily for industrial cooling purposes and financed in whole or in part by the entity or successor entity using the lake for cooling purposes.

Rule 2.503Turbidity

There shall be no distinctly visible increase in turbidity of receiving waters attributable to discharges or instream activities.

The values below should not be exceeded during base flow (June 1 through October 31) in more than 20% of samples. The values below should not be exceeded during storm flows in more than 25% of samples taken in no less than 24 monthly samples.

Waterbodies

Base Flows Values (NTU)

Storm Flows Values (NTU)

Streams

Ozark Highlands

10

17

Boston Mountains

10

19

Arkansas River Valley

21

40

Ouachita Mountains

10

18

Springwater-influenced Gulf Coastal

21

32

Typical Gulf Coastal

21

32

Least-Altered Delta

45

84

Channel-Altered Delta

75

250

Arkansas River

50

52

Mississippi River

50

75

Red River

50

150

St. Francis River

75

100

Trout Waters

10

15

Lakes and Reservoirs

25

45

Rule 2.504pH

pH between 6.0 and 9.0 standard units are the applicable criteria for rivers, streams, lakes, and reservoirs. As a result of waste discharges, the pH of water in streams or lakes must not fluctuate in excess of 1.0 standard unit over a period of 24 hours.

Rule 2.505Dissolved Oxygen

Rivers and Streams

The following dissolved oxygen criteria are applicable:

Waterbodies

Streams

Criteria (mg/L)

Primary

Critical

Ozark Highlands

<10 mi2 watershed

6

2

10 to 100 mi2

6

5

>100 mi2 watershed

6

6

Boston Mountains

<10 mi2 watershed

6

2

>10 mi2 watershed

6

6

Arkansas River Valley <10 mi2 watershed

5

2

10 mi2 to 150 mi2

5

3

151 mi2 to 400 mi2

5

4

>400 mi2 watershed

5

5

Ouachita Mountains

<10 mi2 watershed

6

2

>10 mi2 watershed

6

6

Typical Gulf Coastal

<10 mi2 watershed

5

2

10 mi2 to 500 mi2

5

3

>500 mi2 watershed

5

5

Springwater-influenced Gulf Coastal All size watersheds

6

5

Delta (least-altered and channel altered)

<10 mi2 watershed

5

2

10 mi2 to 100 mi2

5

3

>100 mi2 watershed

5

5

Trout Waters

All size watersheds

6

6

In streams with watersheds of less than 10 mi2, it is assumed that insufficient water exists to support aquatic life during the critical season. During this time, a dissolved oxygen criteria of 2 mg/L will apply to prevent nuisance conditions. However, field verification is required in areas suspected of having significant groundwater flows or enduring pools that may support unique aquatic biota. In such waters the critical season criteria for the next size category of stream shall apply.

All streams with watersheds of less than 10 mi2 are expected to support aquatic life during the primary season when stream flows, including discharges, equal or exceed 1 cubic foot per second (cfs). However, when site verification indicates that aquatic life exists at flows below 1 cfs, such aquatic biota will be protected by the primary standard (refer to the State of Arkansas Continuing Planning Process for field verification requirements).

Also in streams with watersheds of less than 10 mi2, where waste discharges are 1 cfs or more, streams are assumed to provide sufficient water to support aquatic life and, therefore, must meet the dissolved oxygen criteria of the next size category of streams.

For purposes of determining effluent discharge limits, the following conditions shall apply:

(A) The primary season dissolved oxygen standard is to be met at a water temperature of 22°C (71.5°F) and at the minimum stream flow for that season. At water temperatures of 10°C (50°F), the dissolved oxygen criteria is 6.5 mg/L.
(B) During March, April and May, when background stream flows are 15 cfs or higher, the dissolved oxygen standard is 6.5 mg/L in all areas except the Delta Ecoregion, where the primary season dissolved oxygen criteria will remain at 5 mg/L.
(C) The critical season dissolved oxygen standard is to be met at maximum allowable water temperatures and at Q7-10 flows. However, when water temperatures exceed 22°C (71.6°F), a 1 mg/L diurnal depression will be allowed below the applicable critical criteria for no more than 8 hours during any 24-hour period.

Lakes and Reservoirs

Specific dissolved oxygen criteria for lakes and reservoirs shall be 5 mg/L.

Effluent limits for oxygen-demanding discharges into impounded waters are promulgated in Arkansas Pollution Control and Ecology Commission Rule 6, Rules for State Administration of the National Pollutant Discharge Elimination System (NPDES).

However, the Commission may, after full satisfaction of the intergovernmental coordination and public participation provisions of the State of Arkansas Continuing Planning Process, establish alternative limits for dissolved oxygen in lakes and reservoirs where studies and other relevant information can demonstrate that predominant ecosystem conditions may be more accurately reflected by such alternate limits; provided that these limits shall be compatible with all designated beneficial uses of named lakes and reservoirs.

Rule 2.506Radioactivity

The Rules and Regulations for the Control of Sources of Ionizing Radiation of the Division of Radiological Health, Arkansas Department of Health, limits the maximum permissible levels of radiation that may be present in effluents to surface waters in uncontrollable areas. These limits shall apply for the purposes of these standards, except that in no case shall the levels of dissolved radium-226 and strontium-90 exceed 3 and 10 picocuries/liter, respectively, in the receiving water after mixing, nor shall the gross beta concentration exceed 1000 picocuries/liter.

Rule 2.507Bacteria

For the purposes of this rule, all streams with watersheds less than 10 mi2 shall not be designated for primary contact unless and until site verification indicates that such use is attainable. Secondary contact use is assumed in all watershed sizes. No mixing zones are allowed for discharges of bacteria.

For assessment of ambient waters as impaired by bacteria, the below listed applicable criteria for E. coli shall not be exceeded in more than 25% of individual samples in no less than eight (8) samples taken during the primary contact season or during the secondary contact season.

The following criteria are applicable:

Contact Recreation Seasons

Primary Contact1

Criteria (col/100mL)

E. coli

Fecal Coliform

IS3

GM4

IS3

GM4

ERW, ESW, NSW, Reservoirs, Lakes

298

126

400

200

All Other Waters

Secondary Contact5

410

-

400

200

ERW, ESW, NSW, Reservoirs, Lakes

1490

630

2000

1000

All Other Waters

2050

-

2000

1000

1 May 1 to September 30

2 (RESERVED)

3 For assessment of Individual Sample Criteria- at least eight (8) data points

4 For calculation and assessment of Geometric Mean - calculated on a minimum of five (5) samples spaced evenly and within a thirty (30)-day period.

5 Year-round.

The Arkansas Department of Health has the responsibility of approving or disapproving surface waters for public water supply and of approving or disapproving the suitability of specifically delineated outdoor bathing places for body contact recreation, and it has issued rules pertaining to such uses.

Rule 2.508Toxic Substances

Toxic substances shall not be present in receiving waters, after mixing, in such quantities as to be toxic to human, animal, plant or aquatic life or to interfere with the normal propagation, growth and survival of the indigenous aquatic biota. Acute toxicity standards apply outside the zone of initial dilution. Within the zone of initial dilution acute toxicity standards may be exceeded but acute toxicity may not occur. Chronic toxicity and chronic numeric toxicity standards apply at, or beyond, the edge of the mixing zone. Permitting of all toxic substances shall be in accordance with the toxic implementation strategy found in the State of Arkansas Continuing Planning Process. For non-permit issues and as a guideline for evaluating toxic substances not listed in the following tables, the Division may consider No Observed Effect Concentrations or other literature values as appropriate. For the substances listed below, the following standards shall apply:

ALL WATERBODIES - AQUATIC LIFE CRITERIA

Substance

Acute Values (µg/L)

Chronic Values (µg/L)(24-hr Average)

PCBs

0.0140

Aldrin

3.0

Dieldrin

2.5

0.0019

DDT (& metabolites)

1.1

0.0010

Endrin*

0.18

0.0023

Toxaphene

0.73

0.0002

Chlordane

2.4

0.0043

Endosulfan*

0.22

0.056

Heptachlor

0.52

0.0038

Hexachlorocyclohexane*

2.0

0.080

Pentachlorophenol

e[1.005(pH)-4.869]

e[1.005(pH)-5.134]

Chlorpyrifos

0.083

0.041

* Total of all isomers

DISSOLVED METALS *

Acute Criteria (CMC) - µg/L(ppb)

Chronic Criteria (CCC) - ug/L(ppb)

Substance

Formula X Conversion

Formula X Conversion

Cadmium

e[1.128(lnhardness)]-3.828

(a)

e[0.7852(lnhardness)]-3.490

(c)

Chromium(III)

e[0.819(lnhardness)]+3.688

0.316

e[0.8190(lnhardness)]+1.561

0.860

Chromium (VI)

16

0.982

11

0.962

Copper

e[0.9422(lnhardness)]-1.464

0.960

e[0.8545(lnhardness)]-1.465

0.960

Lead

e[1.273(lnhardness)]-1.460

(b)

e[1.273(lnhardness)]-4.705

(b)

Mercury[DOUBLE DAGGER]

2.4

0.85

0.012**

NONE

Nickel

e[0.8460(lnhardness)]+3.3612

0.998

e[0.8460(lnhardness)]+1.1645

0.997

Selenium**

20

NONE

5

NONE

Silver

e[1.72(lnhardness)]-6.52

0.85

-------------

NONE

Zinc

e[0.8473(lnhardness)]+0.8604

0.978

e[0.8473(lnhardness)]+0.7614

0.986

Cyanide**

22.36

NONE

5.2

NONE

*These values may be adjusted by a site specific Water Effects Ratio (WER) as defined in 40 C.F.R. § 131.36(c).

(a) Calculated as: 1.136672 - [(ln hardness)(0.041838)]
(b) Calculated as: 1.46203 - [(ln hardness)(0.145712)]
(c) Calculated as: 1.101672 - [(ln hardness)(0.041838)]

**Expressed as total recoverable.

[DOUBLE DAGGER]Mercury based on bioaccumulation of residues in aquatic organisms.

ALL WATERBODIES - HUMAN HEALTH CRITERIA

Substance

Criteria (ng/L)*

Dioxin (2,3,7,8 TCDD)

0.001

Chlordane

5.0

PCBs (polychlorinated biphenyls)

0.4

alpha Hexachlorocyclohexane

37.3

Beryllium

4000**

Dieldrin

1.2

Toxaphene

6.3

* Criteria based on a lifetime risk factor of 10-5.

** 4000 ng/L is also represented as 4.0 ug/L, which is the maximum contaminant level under the Safe Drinking Water Act, 42 U.S.C.§ 300fet seq.

The permittee shall have the option to develop site-specific numerical standards for toxic substances using United States Environmental Protection Agency approved bioassay methodology and guidance. Such guidance may include but may not be limited to Water Quality Standards Handbook; Guidelines for Deriving Numerical National Water Quality Criteria for the Protection of Aquatic Organisms and Their Uses (August, 1994); Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms (EPA 600/4-90/027F. 5th ed. December 2002); Short Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms (EPA/600/4-91/002. 4th ed. October 2002) or most recent update thereof.

Only ambient water quality data for dissolved metals generated or approved by the Division after March 1, 1993 will be considered in the documentation of background concentrations for the purpose of developing permit limitations.

Rule 2.509Nutrients
(A) Materials stimulating algal growth shall not be present in concentrations sufficient to cause objectionable algal densities or other nuisance aquatic vegetation or otherwise impair any designated use of the waterbody. Impairment of a waterbody from excess nutrients is dependent on the natural waterbody characteristics such as stream flow, residence time, stream slope, substrate type, canopy, riparian vegetation, primary use of waterbody, season of the year, and ecoregion water chemistry. Because nutrient water column concentrations do not always correlate directly with stream impairments, impairments will be assessed by a combination of factors such as water clarity, periphyton or phytoplankton production, dissolved oxygen values, dissolved oxygen saturation, diurnal dissolved oxygen fluctuations, pH values, aquatic-life community structure and possibly others. However, when excess nutrients result in an impairment, based upon Division assessment methodology, by any Arkansas established numeric water quality criteria, the waterbody will be determined to be impaired by nutrients.
(B)Site Specific Nutrient Criteria

Lake

Chlorophyll a (ug/L)**

Secchi Transparency (m)***

Beaver Lake*

8

1.1

*These criteria are for measurement at the Hickory Creek site over the old thalweg, below the confluence of War Eagle Creek and the White River in Beaver Lake.

**Growing season geometric mean (May - October)

***Annual Average

All point source discharges into the watershed of waters officially listed on Arkansas's impaired waterbody list (303(d)) with phosphorus as the major cause shall have monthly average discharge permit limits no greater than those listed below. Additionally, waters in nutrient surplus watersheds as determined as set forth in Ark. Code Ann. § 15-20-1104, and subsequently designated nutrient surplus watersheds may be included under this Rule if point source discharges are shown to provide a significant phosphorus contribution to waters within the listed nutrient surplus watersheds.

Facility Design Flow - mgd

Total Phosphorus discharge limit - mg/L

= or > 15

Case by case

3 to <15

1.0

1 to <3

2.0

0.5 to <1.0

5.0

<0.5

Case by Case

For discharges from point sources which are greater than 15 mgd, reduction of phosphorus below 1 mg/L may be required based on the magnitude of the phosphorus load (mass) and the type of downstream waterbodies (e.g., reservoirs, Extraordinary Resource Waters). Additionally, any discharge limits listed above may be further reduced if it is determined that these values are causing impairments to special waters such as domestic water supplies, lakes or reservoirs , or Extraordinary Resource Waters.

Rule 2.510Oil and Grease

Oil, grease, or petrochemical substances shall not be present in receiving waters to the extent that they produce globules, other residue, or any visible, colored film on the surface; coat the banks and/or bottoms of the waterbodies; or adversely affect any of the aquatic biota. Oil and grease shall be an average of no more than 10 mg/L or a maximum of no more than 15 mg/L. No mixing zones are allowed for discharges of oil and grease.

Rule 2.511Mineral Quality
(A) Site Specific Mineral Quality Criteria

Mineral quality shall not be altered by municipal, industrial, other waste discharges or instream activities so as to interfere with designated uses.

The following criteria apply to the streams indicated.

Stream

Concentration-mg/L

Chlorides (Cl¯)

Sulfates (SO42-)

TDS

Arkansas River Basin

Arkansas River (Mouth to Murray Lock and Dam [L&D #7])

250

100

500

Bayou Meto (Rocky Branch to Pulaski/Lonoke county line)

64*

ER

ER

Bayou Meto (Pulaski/Lonoke county line to mouth)

95**

45**

ER

Bayou Two Prairie (Pulaski/Lonoke county line to Northern boundary of Smoke Hole Natural Area)

95**

45**

ER

Bayou Two Prairie (Southern boundary of Smoke Hole Natural Area to Mouth)

95**

45**

ER

Rocky Branch Creek

64*

ER

ER

Little Fourche Creek (Willow Springs Branch to Fourche Creek)

E R

ER

179

Willow Springs Branch (McGeorge Creek to Little Fourche Creek)

ER

112

247

McGeorge Creek (headwaters to Willow Springs Branch)

ER

250

432

Arkansas River (Murray Lock and Dam [L&D #7] to Dardanelle Lock and Dam [L&D #10])

250

100

500

Cadron Creek

20

20

100

Arkansas River (Dardanelle Lock and Dam [L&D #10] to Oklahoma state line, including Dardanelle Reservoir)

250

120

500

James Fork

20

100

275

Illinois River

20

20

300

Poteau River from Scott County Road 59 to Oklahoma state line

120

60

500

Poteau River from confluence of Unnamed trib to

185

200

786

Scott County Road 59

Unnamed trib from Tyson-Waldron Outfall 001 to confluence with the Poteau River

180

200

870

White River Basin

White River (Mouth to Dam #3)

20

60

430

Big Creek

20

30

270

Unnamed trib from Frit Ind.

ER

48*

ER

Cache River

20

30

270

Bayou DeView (from Mouth to AR Hwy 14)

48

37.3

411.3

Bayou DeView (from AR Hwy 14 to Whistle Ditch)

48

38

411.3

Big Creek (from Whistle Ditch to mouth of Unnamed trib)

58

49

ER

Unnamed trib to Big Creek

71

60

453

Lost Creek Ditch

20

30

270

Little Red River (including Greers Ferry Reservoir)

20

30

100

Black River

20

30

270

Strawberry River

20

30

270

Spring River

20

30

290

Eleven Point River

20

30

270

Stennitt Creek from Brushy Creek to Spring River

ER

43.3

456*

Brushy Creek from Unnamed Tributary to

ER

126

549

Stennitt Creek

Unnamed Tributary from Vulcan Outfall

ER

260

725

001 to Brushy Creek

South Fork Spring River

20

30

270

Myatt Creek

20

30

270

Current River

20

30

270

White River (Dam #3 to Missouri state line, including Bull

Shoals Reservoir)

20

20

180

Buffalo River

20

20

200

Crooked Creek (Harrison WWTP outfall to Monitoring

22.6

24.4

269

Station WHI0193)

Crooked Creek (Monitoring Station WHI0193 to the

20

20

238

mouth)

White River (WHI0052 to Missouri state line, including

20

20

160

Beaver Reservoir)

Kings River

20

20

150

Holman Creek from the confluence with Town

180

48

621

Branch downstream to the confluence with War

Eagle Creek

Town Branch from point of discharge of the City

223

61

779

of Huntsville WWTP downstream to the

confluence with Holman Creek

White River from WR-02 to WHI0052

30

40

237

White River from Noland WWTP to 0.4 miles downstream

44

79

362

(WR-02)

White River headwaters to Noland WWTP

20

20

160

West Fork White River

20

20

150

St. Francis River Basin

St. Francis River (Mouth to 36° N. Lat.)

10

30

330

L'Anguille River

20

30

235

Tyronza River (headwaters to Ditch No. 6 confluence)

20

30

350

Ditch No. 27

ER

480

1200

Ditch No. 6 (mouth to Ditch No. 27 confluence)

ER

210

630

Tyronza River (mouth to Ditch No. 6 confluence)

20

60

350

Little River

20

30

365

Pemiscot Bayou

20

30

380

St. Francis River (36° N. Lat. to 36° 30' N. Lat.)

10

20

180

Ouachita River Basin

Bayou Bartholomew

30

30

220

Chemin-A-Haut Creek

50

20

500

Overflow Creek

20

30

170

Bayou Macon

30

40

330

Boeuf River

90

30

460

Big Cornie Creek

230

30

500

Little Cornie Creek

200

10

400

Three Creeks

250

10

500

Little Cornie Bayou

200

20

500

Walker Branch

180

ER

970

Gum Creek

104*

ER

311*

Bayou de L'Outre above Gum Creek

250

90

500

Bayou de L'Outre below Gum Creek

250

90

750

Ouachita River (Louisiana state line to Camden)

160

40

350

Saline River

20

40

120

Saline River east bifurcation at Holly Creek

ER

250

500

Hurricane Creek above Hurricane Lake Dam

20

250

500

Hurricane Creek from Hurricane Lk. Dam to Ben Ball

Bridge

125

730

1210

Hurricane Creek from Ben Ball Bridge to US Hwy.270

125

700

1200

Hurricane Creek from Hwy 270 to Saline River

100

500

1000

Alcoa unnamed tribs to Hurricane Creek

125

700

1100

Dry Lost Creek and tribs

ER

560

880

Lost Creek to Little Lost Creek

ER

510

820

Lost Creek below Little Lost Creek

ER

300

550

Holly Creek

30

860

1600

Moro Creek

30

20

260

Smackover Creek

250

30

500

Boggy Creek - from the discharge for Clean Harbors El

631

63

1360

Dorado LLC to the confluence of Bayou de Loutre

Ouachita River (Camden to Carpenter Dam)

50

40

150

Town Creek below Acme tributary

ER

200

700

Unnamed trib from Acme

ER

330

830

Little Missouri River

10

90

180

Muddy Fork Little Missouri

ER

250

500

Bluff Creek and unnamed trib.

ER

651*

1033*

Garland Creek

250

250

500

South Fork Caddo

ER

60

128

Back Valley Creek

ER

250

500

Cove Creek from the confluence with Chamberlain

Creek to the Ouachita River

250***

500***

Chamberlain from headwaters to confluence

with Cove Creek

68***

1,384***

2,261***

Lucinda from the confluence of Rusher Creek

to the confluence with Cove Creek

250***

500***

Rusher Creek from the confluence of the East and West Forks to confluence with

Lucinda Creek

250***

500***

Reyburn Creek from headwaters to confluence of

Francois Creek

250***

500***

Scull Creek from a point approximately 350 feet upstream of Clearwater Lake to Clearwater Lake (including Clearwater Lake) and from Clearwater Lake dam to confluence Reyburn

Creek

250***

500***

Wilson Creek from its mouth upstream approx.

1.7 miles at the UMETCO property line

56

250

500

Ouachita River (Carpenter Dam to Headwaters,

including Lake Ouachita tributaries)

10

10

100

Red River Basin

Bayou Dorcheat

100

16*

250

Albemarle unnamed trib (AUT) to Horsehead Creek

137*

ER

383*

Horsehead Creek from AUT to mouth

85*

ER

260*

Cypress Creek

250

70

500

Crooked Creek

250

10

500

Dismukes Creek

26*

ER

157*

Big Creek from Dismukes to Bayou Dorcheat

20*

ER

200*

Bois d'Arc Creek from Caney Creek to Red River

113*

283*

420*

Caney Creek

113*

283*

420*

Bodcau Creek

250

70

500

Poston Bayou

120

40

500

Kelley Bayou

90

40

500

Red River from Arkansas/Oklahoma state line to mouth of

the Little River

250

200

850

Red River from mouth of the Little River to the

250

200

780

Arkansas/Louisiana State Line

Sulphur River

120

100

500

Days Creek

250

250

500

McKinney Bayou

180

60

480

Little River from Oklahoma State line to Millwood

20

20

100

Lake

Little River from Millwood Lake to the Red River

20

20

138[DOUBLE DAGGER]

Saline River

20

10

90

Mine Creek from Hwy 27 to Millwood Lake

90

65

700

Cossatot River

10

15

70

Upper Rolling Fork

20

20

100

Rolling Fork from unnamed trib A to DeQueen Lake

130

70

670

Unnamed tribs A and A1 at Grannis

135

70

700

Mountain Fork

20

20

110

Mississippi River (Louisiana state line to Arkansas River)

60

150

425

Mississippi River (Arkansas River to Missouri state line)

60

175

450

ER - ecoregion value

* developed using background flow of 4 cfs

** These criteria shall apply to all tributaries of Bayou Meto and Bayou Two Prairie listed in Appendix A Any modification of these values must be made in accordance with Rule 2.306.

[DAGGER] Not applicable for Clean Water Act purposes until approved by EPA.

***These temporary standards variations are effective for 148 months from EPA's approval of the EIP on January 7, 2020.

(B) Ecoregion Reference Stream Minerals Values

The following values were determined from Arkansas's least-disturbed ecoregion reference streams and are considered to be the maximum naturally occurring levels. For waterbodies not listed above, any discharge that results in instream concentrations more than 1/3 higher than these values for chlorides (Cl-) and sulfates (SO42-) or more than 15 mg/L, whichever is greater, is considered to be a significant modification of the maximum naturally occurring values. These waterbodies should be considered as candidates for site specific criteria development in accordance with Rules 2.306 and 2.308. Similarly, site specific criteria development should be considered if the following TDS values are exceeded after being increased by the sum of the increases to Cl- and SO42-. Such criteria may be developed only in accordance with Rules 2.306 and 2.308. The values listed in the table below are not intended to be used by the Division to evaluate attainment of water quality standards for assessment purposes.

ECOREGION REFERENCE STREAM VALUES (mg/L)

Ecoregion

Chlorides (Cl-)

Sulfates (SO42-)

TDS

Ozark Highlands

13

17

240

Boston Mountains

13

9

85

Arkansas River Valley

10

13

103

Ouachita Mountains

6

15

128

Gulf Coastal Plains

14

31

123

Delta

36

28

390

(C) Domestic Water Supply Criteria

In no case shall discharges cause concentrations in any waterbody to exceed 250, 250, and 500 mg/L of chlorides, sulfates, and total dissolved solids, respectively, or cause concentrations to exceed the applicable criteria, except in accordance with Rules 2.306 and 2.308.

Rule 2.512Ammonia

The total ammonia nitrogen (N) criteria and the frequency of occurrence are as follows:

(A) The one-hour average concentration of total ammonia nitrogen shall not exceed, more than once every three years on the average, the acute criterion as shown in the following table:

pH-Dependent Values of the CMC (Acute Criterion)- mg/L

pH

Salmonids* Present

Salmonids Absent

6.5

32.6

48.8

6.6

31.3

46.8

6.7

29.8

44.6

6.8

28.1

42.0

6.9

26.2

39.1

7.0

24.1

36.1

7.1

22.0

32.8

7.2

19.7

29.5

7.3

17.5

26.2

7.4

15.4

23.0

7.5

13.3

19.9

7.6

11.4

17.0

7.7

9.65

14.4

7.8

8.11

12.1

7.9

6.77

10.1

8.0

5.62

8.40

8.1

4.64

6.95

8.2

3.83

5.72

8.3

3.15

4.71

8.4

2.59

3.88

8.5

2.14

3.20

8.6

1.77

2.65

8.7

1.47

2.20

8.8

1.23

1.84

8.9

1.04

1.56

9.0

0.885

1.32

* Family of fishes that includes trout

(B) The monthly average concentration of total ammonia nitrogen shall not exceed those values shown as the chronic criterion in the following tables:

Temperature and pH-Dependent Values of the CCC (Chronic Criterion) for Fish Early Life Stages Present - mg/L

Temperature °C

pH

0

14

16

18

20

22

24

26

28

30

6.5

6.67

6.67

6.06

5.33

4.68

4.12

3.62

3.18

2.80

2.46

6.6

6.57

6.57

5.97

5.25

4.61

4.05

3.56

3.13

2.75

2.42

6.7

6.44

6.44

5.86

5.15

4.52

3.98

3.50

3.07

2.70

2.37

6.8

6.29

6.29

5.72

5.03

4.42

3.89

3.42

3.00

2.64

2.32

6.9

6.12

6.12

5.56

4.89

4.30

3.78

3.32

2.92

2.57

2.25

7.0

5.91

5.91

5.37

4.72

4.15

3.65

3.21

2.82

2.48

2.18

7.1

5.67

5.67

5.15

4.53

3.98

3.50

3.08

2.70

2.38

2.09

7.2

5.39

5.39

4.90

4.31

3.78

3.33

2.92

2.57

2.26

1.99

7.3

5.08

5.08

4.61

4.06

3.57

3.13

2.76

2.42

2.13

1.87

7.4

4.73

4.73

4.30

3.78

3.32

2.92

2.57

2.26

1.98

1.74

7.5

4.36

4.36

3.97

3.49

3.06

2.69

2.37

2.08

1.83

1.61

7.6

3.98

3.98

3.61

3.18

2.79

2.45

2.16

1.90

1.67

1.47

7.7

3.58

3.58

3.25

2.86

2.51

2.21

1.94

1.71

1.50

1.32

7.8

3.18

3.18

2.89

2.54

2.23

1.96

1.73

1.52

1.33

1.17

7.9

2.80

2.80

2.54

2.24

1.96

1.73

1.52

1.33

1.17

1.03

8.0

2.43

2.43

2.21

1.94

1.71

1.50

1.32

1.16

1.02

0.897

8.1

2.10

2.10

1.91

1.68

1.47

1.29

1.14

1.00

0.879

0.773

8.2

1.79

1.79

1.63

1.43

1.26

1.11

0.973

0.855

0.752

0.661

8.3

1.52

1.52

1.39

1.22

1.07

0.941

0.827

0.727

0.639

0.562

8.4

1.29

1.29

1.17

1.03

0.906

0.796

0.700

0.615

0.541

0.475

8.5

1.09

1.09

0.990

0.870

0.765

0.672

0.591

0.520

0.457

0.401

8.6

0.920

0.920

0.836

0.735

0.646

0.568

0.499

0.439

0.386

0.339

8.7

0.778

0.778

0.707

0.622

0.547

0.480

0.422

0.371

0.326

0.287

8.8

0.661

0.661

0.601

0.528

0.464

0.408

0.359

0.315

0.277

0.244

8.9

0.565

0.565

0.513

0.451

0.397

0.349

0.306

0.269

0.237

0.208

9.0

0.486

0.486

0.442

0.389

0.342

0.300

0.264

0.232

0.204

0.179

Temperature and pH-Dependent Values of the CCC (Chronic Criterion)

for Fish Early Life Stages Absent - mg/L

Temperature °C

Temperature °C

pH

0-7

8

9

10

11

12

13

14

15*

16*

6.5

10.8

10.1

9.51

8.92

8.36

7.84

7.35

6.89

6.46

6.06

6.6

10.7

9.99

9.37

8.79

8.24

7.72

7.24

6.79

6.36

5.97

6.7

10.5

9.81

9.20

8.62

8.08

7.58

7.11

6.66

6.25

5.86

6.8

10.2

9.58

8.98

8.42

7.90

7.40

6.94

6.51

6.10

5.72

6.9

9.93

9.31

8.73

8.19

7.68

7.20

6.75

6.33

5.93

5.56

7.0

9.60

9.00

8.43

7.91

7.41

6.95

6.52

6.11

5.73

5.37

7.1

9.20

8.63

8.09

7.58

7.11

6.67

6.25

5.86

5.49

5.15

7.2

8.75

8.20

7.69

7.21

6.76

6.34

5.94

5.57

5.22

4.90

7.3

8.24

7.73

7.25

6.79

6.37

5.97

5.60

5.25

4.92

4.61

7.4

7.69

7.21

6.76

6.33

5.94

5.57

5.22

4.89

4.59

4.30

7.5

7.09

6.64

6.23

5.84

5.48

5.13

4.81

4.51

4.23

3.97

7.6

6.46

6.05

5.67

5.32

4.99

4.68

4.38

4.11

3.85

3.61

7.7

5.81

5.45

5.11

4.79

4.49

4.21

3.95

3.70

3.47

3.25

7.8

5.17

4.84

4.54

4.26

3.99

3.74

3.51

3.29

3.09

2.89

7.9

4.54

4.26

3.99

3.74

3.51

3.29

3.09

2.89

2.71

2.54

8.0

3.95

3.70

3.47

3.26

3.05

2.86

2.68

2.52

2.36

2.21

8.1

3.41

3.19

2.99

2.81

2.63

2.47

2.31

2.17

2.03

1.91

8.2

2.91

2.73

2.56

2.40

2.25

2.11

1.98

1.85

1.74

1.63

8.3

2.47

2.32

2.18

2.04

1.91

1.79

1.68

1.58

1.48

1.39

8.4

2.09

1.96

1.84

1.73

1.62

1.52

1.42

1.33

1.25

1.17

8.5

1.77

1.66

1.55

1.46

1.37

1.28

1.20

1.13

1.06

0.990

8.6

1.49

1.40

1.31

1.23

1.15

1.08

1.01

0.951

0.892

0.836

8.7

1.26

1.18

1.11

1.04

0.976

0.915

0.858

0.805

0.754

0.707

8.8

1.07

1.01

0.944

0.885

0.829

0.778

0.729

0.684

0.641

0.601

8.9

0.917

0.860

0.806

0.756

0.709

0.664

0.623

0.584

0.548

0.513

9.0

0.790

0.740

0.694

0.651

0.610

0.572

0.536

0.503

0.471

0.442

* At 15° C and above, the criterion for fish Early Life Stage absent is the same as the criterion for fish Early Life Stage present.

(C) The highest four-day average within a 30-day period should not exceed 2.5 times the chronic values shown above.
(D) For permitted discharges, the daily maximum or seven-day average permit limit shall be calculated using the four-day average value described above as an instream value, after mixing and based on a season when fish early life stages are present and a season when fish early life stages are absent. Temperature values used will be 14° C when fish early life stages are absent and the ecoregion temperature standard for the season when fish early life stages are present. The pH values will be the ecoregion mean value from least-disturbed stream data.
CHAPTER 6:EFFECTIVE DATE

This rule is effective ten (10) days after filing with the Secretary of State, The State Library, and the Bureau of Legislative Research.

RULE 2

APPENDIX A

Designated Uses, Specific Standards, and Maps of Waters of the State by Ecoregions

APPENDIX A: MAP OF ECOREGIONS OF ARKANSAS

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DESIGNATED USES: OZARK HIGHLANDS ECOREGION

(Plates OH-1, OH-2, OH-3, OH-4)

Extraordinary Resource Waters

Current River (OH-4)

Eleven Point River (OH-4)

Strawberry River (OH-3, OH-4)

Little Strawberry River (OH-3)

Spring River, including its tributaries: Field Creek, Big Creek, English Creek, Gut Creek and Myatt Creek (OH-4)

South Fork Spring River (OH-3, OH-4)

North Sylamore Creek (OH-3)

Buffalo River (OH-2, OH-3)

Kings River (OH-2)

Bull Shoals Reservoir (OH-2, OH-3)

Natural and Scenic Waterways

Strawberry River from headwaters to Sharp-Izard County Line (OH-3, OH-4)

Kings River - that segment in Madison County (OH-2)

Buffalo River (OH-2, OH-3)

North Sylamore Creek (OH-3)*

Ecologically Sensitive Waterbodies

Cave Springs Cave, Logan Cave and numerous springs and spring-fed tributaries which support southern cavefish, Ozark cavefish, Arkansas darter, least darter, Oklahoma salamander, cave snails, cave crawfish and unique invertebrates (OH-1, OH-2, OH-3)

Strawberry River - location of Strawberry River darter (OH-3, OH-4)

Little Strawberry River - location of the Strawberry River darter (OH-3)

Spring River - snuffbox and pink mucket mussels; Ozark hellbender (OH-4)

Rock Creek - snuffbox and pink mucket mussels; Ozark hellbender (OH-4)

Eleven Point River - location of Ozark hellbender (OH-4)

Current River - location of flat floater and pink mucket mussels (OH-4)

Illinois River - Neosho mucket (OH-1)

Primary Contact Recreation- all streams with watersheds of greater than 10 mi2 and all lakes/reservoirs**

Secondary Contact Recreation- all waters**

Domestic, Industrial and Agricultural Water Supply- all waters**

Aquatic Life**

Trout Waters

Bull Shoals Reservoir - lower portion (OH-2)

White River from Bull Shoals Dam to Dam #3 (OH-3)

North Fork White River (OH-3)

Spring River from Mammoth Springs to South Fork Spring River (OH-4)

Upper White River from Beaver Dam to Missouri state line (OH-1)

Lakes and Reservoirs - all

Streams

Seasonal Ozark Highlands aquatic life use - all streams with watersheds of less than 10 mi2 except as otherwise provided in Rule 2.505

Perennial Ozark Highlands aquatic life use - all streams with watersheds of 10 mi2 and larger and those waters where discharges equal or exceed 1 cfs

*As designated in the National Wild and Scenic Rivers System

**Except for those waters with designated use variations supported by Use Attainability Analysis or other investigations.

Site Specific Designated Use Variations Supported by Use Attainability Analysis or Other Investigations

Plate

Map Inset

Waterbody

Variation

OH-1

1

Railroad Hollow Creek

No fishable/swimmable uses

OH-1

2

Columbia Hollow Creek

Seasonal aquatic life use March-June

OH-1

9

Town Branch from point of discharge of the City of Huntsville WWTP downstream to the confluence with Holman Creek

No domestic water supply use

OH-1

10

Holman Creek from the confluence with Town Branch downstream to the confluence with War Eagle Creek

No domestic water supply use

OH-3

4

Moccasin Creek below Arkansas Highway 177

Perennial aquatic life use

OH-4

3

Curia Creek below first waterfall

Perennial aquatic life use

OH-4

6

Stennitt Creek from Brushy Creek to Spring River

No domestic water supply use

SPECIFIC CRITERIA: OZARK HIGHLANDS ECOREGION

(Plates OH-1, OH-2, OH-3, OH-4)

Streams

Lakes and Reservoirs

Temperature °C (°F)*

Trout Waters

29 (84.2)

20 (68)

32 (89.6)

Turbidity (NTU) (base/storm)

Trout Waters

10/17

10/15

25/45

Minerals

see Rule 2.511

see Rule 2.511

Dissolved Oxygen**

Pri.

Crit

see Rule 2.505

<10 mi2 watershed 10 to 100 mi2

>100 mi2 watershed

Trout Waters

6

6

6

6

2

5

6

6

All other criteria (same as statewide)

*Increase over natural temperatures may not be more than 2.8°C (5°F).

**At water temperatures <= 10°C or during March, April and May when stream flows are 15 cfs and greater, the primary season dissolved oxygen standard will be 6.5 mg/L. When water temperatures exceed 22°C, the critical season dissolved oxygen standard may be depressed by 1 mg/L for no more than 8 hours during a 24-hour period.

Site Specific Criteria Variations Supported by Use Attainability Analysis

Plate

Map Inset

Waterbody

Variation

OH-1

1

Railroad Hollow Creek from headwaters to Spavinaw Creek

Year-round DO 2 mg/L

OH-1

5

SWEPCO Reservoir

Maximum temperature 54°C (limitation of 2.8°C above natural temperature does not apply)

OH-1

7

White River from Noland WWTP to 0.4 miles downstream (WR-02)

Chloride 44 mg/L, sulfate 79 mg/L, TDS 362 mg/L

OH-1

8

White River from WR-02 to WHI0052

Chloride 30 mg/L, sulfate 40 mg/L, TDS 237 mg/L

OH-1

9

Town Branch from point of discharge of the City of Huntsville WWTP Downstream to the confluence with Holman Creek

Chloride 223 mg/L, sulfate 61 mg/L, TDS 779 mg/L

OH-1

10

Holman Creek from the confluence with Town Branch downstream to the confluence with War Eagle Creek

Chloride 180 mg/L, sulfate 48 mg/L, TDS 621 mg/L

OH-2

7

Crooked Creek from Harrison WWTP outfall to DEQ Monitoring Station WHI0193

Chloride 22.6 mg/L, sulfate 24.4 mg/L, TDS 269 mg/L

OH-3

4

Moccasin Creek below Highway 177

Critical season DO 5mg/L

OH-3

8

Crooked Creek from DEQ Monitoring Station WHI0193 to mouth

TDS 238 mg/L

OH-4

3

Curia Creek below first waterfall

Critical season DO 6 mg/L

OH-4

6

Stennitt Creek from Brushy Creek to Spring River

TDS 456 mg/L, sulfate 43.3 mg/L

OH-4

11

Brushy Creek - from Unnamed Tributary to Stennitt Creek

Sulfate 126 mg/L, TDS 549 mg/L

OH-4

12

Unnamed Tributary - from Vulcan Outfall 001 to Brushy Creek

Sulfate 260 mg/L, TDS 725 mg/L

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DESIGNATED USES: BOSTON MOUNTAINS ECOREGION

(Plates BM-1, BM-2, BM-3)

Extraordinary Resource Waters

Middle and Devils Forks of the Little Red River including Beech Creek, Tomahawk Creek, Turkey Creek, Lick Creek, Raccoon Creek, and Little Raccoon Creek (BM-2, BM-3)

Archey Creek from headwaters to confluence with South Fork Little Red River (BM-2)

Illinois Bayou including North, Middle and East Forks (BM-2)

Big Piney Creek (BM-2)

Hurricane Creek (BM-2)

Mulberry River (BM-1, BM-2)

Lee Creek from state line upstream to headwaters (BM-1)

Salado Creek (BM-3)

Kings River (BM-1)

Richland Creek and Falling Water Creek (BM-2)

Buffalo River (BM-1, BM-2)

Natural and Scenic Waterways

Mulberry River (BM-1, BM-2)

Buffalo River (BM-1, BM-2)

Kings River (BM-1)

Big Piney Creek (BM-2)*

Hurricane Creek (BM-2)*

Richland Creek (BM-2)*

Ecologically Sensitive Waterbodies

Middle, South, and Devils Forks of Little Red River including Beech Creek, Tomahawk Creek, Turkey Creek, Lick Creek, Raccoon Creek, Little Raccoon Creek, and Archey Creek above Greers Ferry Reservoir - location of endemic yellowcheek darter and endangered speckled pocketbook mussel (except Devils Fork) (BM-2, BM-3)

Foshee Cave - location of aquatic cave snail (BM-3)

Upper White River - location of longnose darter (BM-1)

Primary Contact Recreation - all streams with watersheds of greater than 10 mi2 and all lakes/reservoirs**

Secondary Contact Recreation - all waters**

Domestic, Industrial and Agricultural Water Supply - all waters**

Aquatic Life**

Trout Waters

Greers Ferry Reservoir below Narrows (BM-3)

Little Red River below Greers Ferry Dam (BM-3)

Lakes and Reservoirs - all

*As designated in the National Wild and Scenic Rivers System

** Except for those waters with designated use variations supported by Use Attainability Analysis or other investigations.

Streams

Seasonal Boston Mountain aquatic life- all waters with watersheds of less than 10 mi2 except as otherwise provided in Rule 2.505

Perennial Boston Mountain aquatic life- all waters with 10 mi2 watershed or larger and those waters where discharges equal or exceed 1 cfs

Use Variations Supported by Use Attainability Analysis

None

SPECIFIC CRITERIA: BOSTON MOUNTAINS ECOREGION

(Plates BM-1, BM-2, BM-3)

Streams

Lakes and Reservoirs

Temperature °C (°F)*

31 (87.8)

32 (89.6)

Trout Waters

20 (68)

Turbidity (NTU) (base/storm)

10/19

25/45

Trout Waters

10/15

Minerals

see Rule 2.511

see Rule 2.511

Dissolved Oxygen (mg/L) **

Pri.

Crit

see Rule 2.505

<10 mi2 watershed

6

2

10 mi2 and greater

6

6

Trout Waters

6

6

All other criteria

(same as statewide)

Site Specific Criteria Variations Supported by Use Attainability Analysis

None

*Increase over natural temperatures may not be more than 2.8°C (5°F).

**At water temperatures <= 10°C or during March, April and May when stream flows are 15 cfs and greater, the primary season dissolved oxygen criteria will be 6.5 mg/L. When water temperatures exceed 22°C, the critical season dissolved oxygen criteria may be depressed by 1 mg/l for no more than 8 hours during a 24-hour period.

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DESIGNATED USES: ARKANSAS RIVER VALLEY ECOREGION

(Plates ARV-1, ARV-2, ARV-3)

Extraordinary Resource Waters

Cadron Creek including North Fork and East Fork (ARV-2, ARV-3)

Mulberry River (ARV-1)

Big Creek adjacent to natural areas (ARV-3)

Natural and Scenic Waterway

Mulberry River (ARV-1)

Ecologically Sensitive Waterbodies

None

Primary Contact Recreation- all streams with watersheds of greater than 10 mi2 and all lakes/reservoirs**

Secondary Contact Recreation- all waters**

Domestic, Industrial and Agricultural Water Supply- all waters**

Aquatic Life**

Trout Waters

Little Red River below Greers Ferry Dam to Searcy (ARV-3)

Lakes and Reservoirs - all

Streams

Seasonal Arkansas River Valley aquatic life use - all streams with watersheds of less than 10 mi2 except as otherwise provided in Rule 2.505

Perennial Arkansas River Valley aquatic life - all streams with watersheds of 10 mi2 or larger and those waters where discharges equal or exceed 1 cfs

Site Specific Designated Use Variations Supported by Use Attainability Analysis

Plate

Map Inset

Waterbody

Variation

ARV-1

2 & 4

Poteau River from U.S. Business Highway 71 to Oklahoma state line

No domestic water supply use

ARV-1

3

Unnamed tributary to Poteau River at Waldron

No domestic water supply use

**Except for those waters with designated use variations supported by Use Attainability Analysis or other investigations.

SPECIFIC CRITERIA: ARKANSAS RIVER VALLEY ECOREGION

(Plates ARV-1, ARV-2, ARV-3)

Streams

Reservoirs

Temperature °C (°F)*

31 (87.8)

32 (89.6)

Trout Waters

20 (68)

Arkansas River

32 (89.6)

Turbidity (NTU) (base/storm)

21/40

25/45

Arkansas River

50/52

Trout Waters

10/15

Minerals

see Rule 2.511

see Rule 2.511

Dissolved Oxygen (mg/L)**

Pri.

Crit.

see Rule 2.505

<10 mi2 watershed

5

2

10 to 150 mi2

5

3

151 mi2 to 400 mi2

5

4

>400 mi2 watershed

5

5

Trout waters

6

6

All other criteria

(same as statewide)

Site Specific Criteria Variations Supported by Use Attainability Analysis

Plate

Map Inset

Waterbody

Variation

ARV-2

1

Dardanelle Reservoir

Maximum temperature 35°C (95°F) (limitation of 2.8°C above natural temperature does not apply)

ARV-1

2

Poteau River from Scott County Road 59 to Oklahoma state line

Chlorides 120 mg/L, sulfates 60 mg/L, TDS 500 mg/L

ARV-1

4

Poteau River from confluence with Unnamed tributary to Scott County Road 59

Chlorides 185 mg/L, sulfates 200 mg/L, TDS 786 mg/L

ARV-1

3

Unnamed tributary from Tyson-Waldron Outfall 001 to confluence with the Poteau River

Chlorides 180 mg/L, sulfates 200 mg/L, TDS 870 mg/L

*Increase over natural temperatures may not be more than 2.8°C (5°F).

**At water temperatures <= 10°C or during March, April and May when stream flows are 15 cfs and greater, the primary season dissolved oxygen criteria will be 6.5 mg/L. When water temperatures exceed 22°C, the critical season dissolved oxygen criteria may be depressed by 1 mg/L for no more than 8 hours during a 24-hour period.

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DESIGNATED USES: OUACHITA MOUNTAIN ECOREGION

(Plates OM-1, OM-2)

Extraordinary Resource Waters

Lake Ouachita (OM-1, OM-2)

DeGray Reservoir (OM-2)

Saline River - entire segment including North, Alum, Middle and South Forks (OM-2)

Caddo River - above DeGray Reservoir (OM-1, OM-2)

South Fork Caddo River (OM-1)

Cossatot River - above Gillham Reservoir (OM-1)

Caney Creek (OM-1)

Little Missouri River - above Lake Greeson (OM-1)

Mountain Fork River (OM-1)

Big Fork Creek - adjacent to natural area (OM-1)

Natural and Scenic Waterway

Cossatot River above Gillham Reservoir (OM-1)

Little Missouri River above Lake Greeson (OM-1)

Brushy Creek (OM-1)*

Ecologically Sensitive Waterbodies

Ouachita River above Lake Ouachita - location of Caddo madtom, longnose darter, peppered shiner and threatened

Arkansas fatmucket Mussel (OM-1)

South Fork Ouachita River - location of Arkansas fatmucket mussel and Caddo madtom (OM-1)

Caddo River and all tributaries above DeGray Reservoir - location of endemic paleback darter, Caddo madtom and threatened Arkansas fatmucket mussel (OM-1, OM-2)

Mountain Fork River - location of threatened leopard darter (OM-1)

Cossatot River above Gillham Reservoir - location of threatened leopard darter (OM-1)

Saline River including Alum, Middle, North and South Forks, and Ten Mile Creek - location of endemic Ouachita madtom and threatened Arkansas fatmucket mussel (except South fork and Ten Mile Creek) (OM-2)

Little Missouri River above Lake Greeson - location of Caddo madtom

Mayberry Creek (tributary to Hallman's Creek) - location of paleback darter (OM-2)

Robinson Creek - location of threatened leopard darter (OM-1)

Primary Contact Recreation- all streams with watersheds of greater than 10 mi2 and all lakes/reservoirs**

Secondary Contact Recreation- all waters**

Domestic, Industrial and Agricultural Water Supply- all waters**

Aquatic Life**

Trout Waters

Lake Ouachita (lower portion) (OM-2)

Ouachita River from Blakely Mt. Dam to Hwy. 270 bridge (OM-2)

Lakes and Reservoirs - all

*As designated in the National Wild and Scenic Rivers System

**Except for those waters with designated use variations supported by Use Attainability Analysis or other investigations.

Aquatic Life**

Streams

Seasonal Ouachita Mountain Ecoregion aquatic life - all streams with watersheds of less than 10 mi2 except as otherwise provided in Rule 2.505

Perennial Ouachita Mountain Ecoregion aquatic life - all streams with watershed of 10 mi2 or larger and those waters where discharges equal or exceed 1cfs

Site Specific Designated Use Variations Supported by Use Attainability Analysis

Plate

Map Inset

Waterbody

Variation

OM-1

2

Rolling Fork from unnamed tributary A at Grannis to DeQueen Reservoir

No domestic water supply use

OM-1

3

Unnamed tributaries A and A1 at Grannis

No domestic water supply use

**Except for those waters with designated use variations supported by Use Attainability Analysis or other investigations.

SPECIFIC CRITERIA: OUACHITA MOUNTAIN ECOREGION

(Plates OM-1, OM-2)

Streams

Reservoirs

Temperature °C (°F)*

30 (86)

32 (89.6)

Trout Waters

20 (68)

Turbidity (NTU) (base/storm)

10/18

25/45

Trout Waters

10/15

Minerals

see Rule 2.511

see Rule 2.511

Dissolved Oxygen (mg/L) **

Pri.

Crit

see Rule 2.505

<10 mi2 watershed

6

2

10 mi2 and greater

6

6

Trout Waters

6

6

All other criteria

(same as statewide)

Site Specific Criteria Variations Supported by Use Attainability Analysis

Plate

Map Inset

Waterbody

Variation

OM-1

1

Prairie Creek: from headwaters to confluence with Briar Creek

Critical season DO 4 mg/L

OM-1

2

Rolling Fork from unnamed tributary A to DeQueen Reservoir

Chlorides 130 mg/L, sulfates 70 mg/L, TDS 670 mg/L

OM-1

3

Unnamed tributaries A and A1 at Grannis

Chlorides 135 mg/L, sulfates 70 mg/L, TDS 700 mg/L

OM-1

4

South Fork Caddo River

Sulfates 60 mg/L

OM-1

5

Back Valley Creek

Sulfates 250 mg/L, TDS 500 mg/L

OM-2

6

Wilson Creek from a point approximately 0.85 mile upstream of Outfall 001 to UMETCO Outfall 001

Chlorides 56 mg/L, sulfates 250 mg/L, TDS 500 mg/L

OM-2

7

Wilson Creek downstream of UMETCO Outfall 001 to its mouth

Chlorides 56 mg/L, sulfates 250 mg/L, TDS 500 mg/L

*Increase over natural temperatures may not be more than 2.8°C (5°F).

**At water temperatures <= 10°C or during March, April and May when stream flows are 15 cfs and greater, the primary season dissolved oxygen criteria will be 6.5 mg/L. When water temperatures exceed 22°C, the critical season dissolved oxygen criteria may be depressed by 1 mg/L for no more than 8 hours during a 24-hour period.

Temporary Variations Supported by Environmental Improvement Project

Plate

Map Inset

Waterbody

Variation

OM-2

1

Chamberlain Creek from headwaters to confluence with Cove Creek

Chlorides 68 mg/L, sulfates 1,384 mg/L, TDS 2,261 mg/L*

OM-2

2

Cove Creek from the confluence with Chamberlain Creek to the Ouachita River

Sulfates 250 mg/L, TDS 500 mg/L*

OM-2

3

Lucinda Creek from the confluence of Rusher Creek to the confluence with Cove Creek

Sulfates 250 mg/L, TDS 500 mg/L*

OM-2

4

Rusher Creek from the confluence of the East and West Forks to confluence with Lucinda Creek

Sulfates 250 mg/L, TDS 500 mg/L*

* These temporary standards variations are effective for 148 months from EPA's approval of the EIP on January 7, 2020.

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DESIGNATED USES: GULF COASTAL ECOREGION

(Plates GC-1, GC-2, GC-3, GC-4)

Extraordinary Resource Waters

Saline River (GC-3, GC-4)

Moro Creek - adjacent to natural area (GC-2)

Natural and Scenic Waterways

Saline River from the Grant-Saline County line to mouth (GC-3)

Ecologically Sensitive Waterbodies

Little River above Millwood Reservoir - location of Ouachita rock pocketbook and pink mucket mussels (GC-1)

Grassy Lake and Yellow Creek below Millwood Reservoir - unique ecosystem and biota (GC-1)

Lower Little Missouri River - location of peppered shiner and longnose darter (GC-2)

Lower Saline River - location of peppered shiner, crystal darter and goldstripe darter (GC-3)

Ouachita River near Arkadelphia - location of flat floater, Ouachita rock pocketbook and pink mucket mussels (GC-4)

Streams with Substantial Springwater Influence

L'Eau Frais (GC-4)

Cypress Creek (GC-4)

East and West Fork Tulip Creeks (GC-4)

Others to be determined

Primary Contact Recreation- all streams with watersheds greater than 10 mi² and all lakes/reservoirs**

Secondary Contact Recreation- all waters**

Domestic, Industrial, and Agricultural Water Supply- all waters**

Aquatic Life**

Trout Waters

Little Missouri River from Narrows Dam to confluence with Muddy Fork (GC-1)

Lakes and Reservoirs - all

Streams

Seasonal Gulf Coastal aquatic life - all streams with watersheds of less than 10 mi2 except as otherwise provided in Rule 2.505

Perennial Gulf Coastal aquatic life - all streams with watersheds of 10 mi2 or larger and those waters where discharges equal or exceed 1 cfs

**Except for those waters with designated use variations supported by Use Attainability Analysis or other investigations.

Site Specific Designated Use Variations Supported by Use Attainability Analysis

Plate

Map Inset

Waterbody

Variation

GC-1

7

Lick Creek

Seasonal aquatic life use; no primary contact

GC-1

9

Red River from Oklahoma state line to confluence with Little River

No domestic water supply use

GC-1

10

Bluff Creek and unnamed tributary

No domestic water supply use

GC-1

11

Mine Creek from Highway 27 to Millwood Lake

No domestic water supply use

GC-1

12

Caney Creek

No domestic or industrial water supply use

GC-1

13

Bois d'Arc Creek from Caney Creek to Red River

No domestic or industrial water supply use

GC-1

55

Red River from the mouth of the Little River to the Arkansas/Louisiana state line

No domestic water supply use

Plate

Map Inset

Waterbody

Variation

GC-2

1

Loutre Creek

Perennial aquatic life use, except seasonal from railroad bridge to mouth

GC-2

2

Unnamed tributary to Smackover Creek

No fishable/swimmable uses

GC-2

4

Unnamed tributary to Flat Creek

No fishable/swimmable uses

GC-2

6

Jug Creek

Perennial aquatic life use

GC-2

15

Gum Creek

No domestic water supply use

GC-2

16

Bayou de Loutre from mouth of UT004 to Louisiana state line

No domestic water supply use

GC-2

17

Walker Branch

No domestic water supply use

GC-2

18

Little Cornie Bayou from Walker Branch to Arkansas/Louisiana state line

No domestic water supply use

GC-2

18

Unnamed tributary to Little Cornie Bayou (UTLCB-2)

No domestic water supply use

GC-2

27

Albemarle unnamed tributary (AUT) to Horsehead Creek

No domestic water supply use

GC-2

27

Horsehead Creek from AUT to mouth

No domestic water supply use

GC-2

28

Dismukes Creek and Big Creek to Bayou Dorcheat

No domestic water supply use

GC-2

31

Unnamed tributary 002 (UT002)

No domestic water supply use

GC-2

32

Unnamed tributary 004 (UT004)

No domestic water supply use

GC-2

34

Unnamed tributary 003 (UT003)

No domestic water supply use

GC-2

37

Unnamed tributary to Flat Creek from EDCC Outfall 001 downstream to confluence with unnamed tributary A to Flat Creek

No domestic water supply use

GC-2

38

Unnamed tributary A to Flat Creek from mouth of EDCC 001 ditch to confluence with Flat Creek

No domestic water supply use

GC-2

39

Flat Creek from mouth of UTA to confluence with Haynes Creek

No domestic water supply use

GC-2

40

Haynes Creek from mouth of Flat Creek to confluence with Smackover Creek

No domestic water supply use

GC-2

41

Loutre Creek from Highway 15 S. to the confluence of Bayou de Loutre

No domestic water supply use

GC-2

51

Boggy Creek from the discharge from Clean Harbors El Dorado LCC downstream to the confluence of Bayou de Loutre

No domestic water supply use

Plate

Map Inset

Waterbody

Variation

GC-3

8

Coffee Creek and Mossy Lake

No fishable/swimmable or domestic water supply uses

Plate

Map Inset

Waterbody

Variation

GC-4

5

Dodson Creek

Perennial aquatic life use

GC-4

14

Town Creek below Acme tributary

No domestic water supply use

GC-4

14

Unnamed tributary from Acme

No domestic water supply use

GC-4

19

Alcoa unnamed tributary to Hurricane Creek and Hurricane Creek

No domestic water supply use

GC-4

20

Holly Creek

No domestic water supply use

GC-4

21

Dry Lost Creek and tributaries

No domestic water supply use

GC-4

22

Lost Creek

No domestic water supply use

SPECIFIC CRITERIA: GULF COASTAL ECOREGION

(Plates GC-1, GC-2, GC-3, GC-4)

Typical

Streams

Spring WaterStreams

Lakes andReservoirs

Temperature °C (°F)*

30 (86)

30 (86)

32 (89.6)

Ouachita River

(state line to Little Missouri River)

32 (89.6)

Red River

32 (89.6)

Little River

(from Millwood Lake to the Red River)

32 (89.6)

Trout Waters

20 (68)

20 (68)

Turbidity (NTU) (base/storm)

21/32

21/32

25/45

Red River

50/150

Trout Waters

10/15

Minerals

see Rule 2.511

see Rule 2.511

Dissolved Oxygen (mg/L) **

Pri.

Crit.

see Rule 2.505

<10 mi2 watershed

5

2

10 mi2 - 500 mi2

5

3

>500 mi2 watershed

5

5

All sizes (springwater influenced)

6

5

Trout Waters

6

6

All other criteria

(same as statewide)

*Increase over natural temperatures may not be more than 2.8°C (5°F).

**At water temperatures <= 10°C or during March, April and May when stream flows are 15 cfs and greater, the primary season dissolved oxygen criteria will be 6.5 mg/L. When water temperatures exceed 22°C, the critical season dissolved oxygen criteria may be depressed by 1 mg/L for no more than 8 hours during a 24-hour period

Site Specific Criteria Variations Supported by Use Attainability Analysis

Plate

Map Inset

Waterbody

Variation

GC-1

7

Lick Creek - from headwaters to Millwood Reservoir

Critical season DO 2 mg/L

GC-1

9

Red River from Oklahoma state line to confluence with Little River

TDS 850 mg/L

GC-1

10

Bluff Creek and unnamed tributary

Sulfates 651 mg/L, TDS 1033 mg/L

GC-1

11

Mine Creek from Highway 27 to Millwood Lake

Chlorides 90 mg/L, sulfates 65 mg/L, TDS 700 mg/L

GC-1

12

Caney Creek

Chlorides 113 mg/L, sulfates 283 mg/L, TDS 420 mg/L

GC-1

24

Muddy Fork Little Missouri River

Sulfates 250 mg/L, TDS 500 mg/L

GC-1

25

Little Missouri River

Sulfates 90 mg/L, TDS 180 mg/L

GC-1

30

Unnamed tributary of Lake June below Entergy Couch Plant to confluence with Lake June

Maximum water temperature 95 degrees F (limitation of 5 degrees above natural temperature does not apply)

GC-1

55

Red River from mouth of the Little River to the Arkansas/Louisiana state line

TDS 780 mg/L

GC-1

56

Little River from Millwood Lake to the Red

River

TDS 138mg/L; temperature 32°C/89.6°F

Plate

Map Inset

Waterbody

Variation

GC-2

1

Loutre Creek from headwaters to railroad bridge

Critical season DO 3 mg/L, primary season DO 5 mg/L

GC-2

1

Loutre Creek from railroad bridge to mouth

Critical season DO 2 mg/L

GC-2

2

Unnamed tributary to Smackover Creek headwaters to Smackover Creek

Year round DO 2 mg/L

GC-2

4

Unnamed tributary to Flat Creek from headwaters to Flat Creek

Year round DO2 mg/L

GC-2

6

Jug Creek - from headwaters to confluence with Moro Creek

Critical season DO 3 mg/L

GC-2

15

Gum Creek

Chlorides 104 mg/L, TDS 311 mg/L

GC-2

16

Bayou de Loutre from Gum Creek to State line

Chlorides 250 mg/L, TDS 750 mg/L

GC-2

17

Walker Branch

Chlorides 180 mg/L, TDS 970 mg/L

GC-2

27

Albemarle unnamed tributary (AUT) to Horsehead Creek

Chlorides 137 mg/L, TDS 383 mg/L

GC-2

27

Horsehead Creek from AUT to mouth

Chlorides 85 mg/L, TDS 260 mg/L

GC-2

27

Bayou Dorcheat

Sulfates 16 mg/L

GC-2

28

Dismukes Creek

Chlorides 26 mg/L, TDS 157 mg/L

GC-2

28

Big Creek from Dismukes to Bayou Dorcheat

Chlorides 20 mg/L, TDS 200 mg/L

GC-2

29

Bayou de Loutre from Chemtura outfall to

Loutre Creek

Maximum water temperature 96°F

GC-2

51

Boggy Creek from the discharge from Clean Harbors El Dorado LCC downstream to the confluence of Bayou de Loutre.

Chloride 631mg/L, Sulfate 63 mg/L, TDS 1360 mg/L, Selenium 15.6 u/L

Plate

Map Inset

Waterbody

Variation

GC-3

8

Coffee Creek and Mossy Lake

Exempt from Rule 2.406 and Chapter Five

GC-3

26

Ouachita River from Ouachita River mile (ORM) 223 to the Arkansas-Louisiana border (ORM 221.1)

Site specific seasonal DO criteria: 3 mg/L June and July; 4.5 mg/L August; 5 mg/L September through May. These seasonal criteria may be unattainable during or following naturally occurring high flows, (i.e., river stage above 65 feet measured at the lower gauge at the Felsenthal Lock and Dam, Station No.89-o, and also for the two weeks following the recession of flood waters below 65 feet), which occurs from May through August. Naturally occurring conditions which fail to meet criteria should not be interpreted as violations of these criteria

Plate

Map Inset

Waterbody

Variation

GC-4

5

Dodson Creek - from headwaters to confluence with Saline River

Critical season DO 3 mg/L

GC-4

14

Town Creek below Acme tributary

Sulfates 200 mg/L, TDS 700 mg/L

GC-4

14

Unnamed tributary from Acme

Sulfates 330 mg/L, TDS 830 mg/L

GC-4

19

Alcoa unnamed tributary to Hurricane Creek and Hurricane Creek

See Rule 2.511

GC-4

20

Holly Creek

See Rule 2.511

GC-4

23

Saline River bifurcation

See Rule 2.511

GC-4

21

Dry Lost Creek and tributaries

See Rule 2.511

GC-4

22

Lost Creek

See Rule 2.511

GC-4

52

McGeorge Creek (headwaters to Willow Springs Branch)

Sulfate 250 mg/L, TDS 432 mg/L

GC-4

53

Willow Springs Branch (McGeorge Creek to Little Fourche Creek)

Sulfate 112 mg/L, TDS 247 mg/L

GC-4

54

Little Fourche Creek (Willow Springs Branch to Fourche Creek)

TDS 179 mg/L

Temporary Variations Supported by Environmental Improvement Project

Plate

Map Inset

Waterbody

Variation

GC-4

1

Holly Creek

Selenium chronic criteria 17µg/L

GC-4

2

Reyburn Creek from headwaters to confluence of Francois Creek

Sulfates 250 mg/L, TDS 500 mg/L*

GC-4

3

Scull Creek from a point approximately 350 feet upstream of Clearwater Lake to Clearwater Lake (including Clearwater Lake) and from Clearwater Lake dam to confluence Reyburn Creek

Sulfates 250 mg/L, TDS 500 mg/L*

*These temporary standards variations are effective for 148 months from EPA's approval of the EIP on January 7, 2020.

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DESIGNATED USES: DELTA ECOREGION

(Plates D-1, D-2, D-3, D-4, D-5)

Extraordinary Resource Waters

Second Creek (D-4)

Cache River above Cache Bayou - adjacent to natural areas (D-3)

Arkansas River below Norrell Lock and Dam (Dam #2) (D-5)

Strawberry River (D-1)

Two Prairie Bayou adjacent to natural areas (D-3)

Natural and Scenic Waterways

None

Ecologically Sensitive Waterbodies

Lower St. Francis River and lower 10 miles of Straight Slough - location of fat pocketbook mussel (D-2, D-4)

Right Hand Chute at confluence with St. Francis River - location of fat pocketbook mussel (D-2)

Departee Creek - location of flat floater mussel (D-1)

Black River at mouth of Spring River - location of pink mucket mussel (D-1)

Channel-altered Delta Ecoregion Streams - These include the majority of the streams in this ecoregion and are characterized by substantial alteration of the morphology of their main-stream channel as well as their tributary streams. Such alteration of the tributaries of these streams significantly affects the water quality and hydrology of the streams and their watersheds. Most of the upper segments of these waters have been dredged and straightened into ditches. Additionally most of the tributaries of these streams have been straightened, ditched and, in some cases, rerouted to quickly move water off the agriculture fields and into the major streams. In the lower segments of these waters, channel realignment is less expansive but most of these channels have been "snagged" to remove any instream obstructions (brush, logs, and other debris) and the stream channel and banks have been dredged to uniform depths and cleared of any obstructions. These include cache river, bayou deview, village creek, blackfish Bayou and others to be determined by the Division on a case by case basis.

Primary Contact Recreation - all streams with watersheds of greater than 10 mi2 and all lakes/reservoirs**

Secondary Contact Recreation - all waters**

Domestic, Industrial and Agricultural Water Supply - all waters**

Aquatic Life**

Trout Waters - none

Lakes and Reservoirs - all

Streams

Seasonal Delta aquatic life - all streams with watersheds of less than 10 mi2 except as otherwise provided in Rule 2.505

Perennial Delta aquatic life - all streams with watersheds 10 mi2 or larger and those waters where discharges equal or exceed 1cfs

**Except for those waters with designated use variations supported by Use Attainability Analysis or other investigations.

Site Specific Designated Use Variation Supported by Use Attainability Analysis

Plate

Map Inset

Waterbody

Variation

D-1

3

Coon Creek and unnamed tributary from Frit Ind.

No domestic water supply use

D-2

5

Ditch No. 27

No domestic water supply use

D-2

6

Ditch No. 6

No domestic water supply use

D-3

1

Unnamed ditch to Little LaGrue Bayou

Perennial Delta aquatic life

D-5

2

Little Lake Bayou

Seasonal Delta aquatic life, no primary contact

D-3

4

Rocky Branch Creek and Bayou Meto from Rocky Branch Creek to Bayou Two Prairie

No domestic water supply use

SPECIFIC CRITERIA: DELTA ECOREGION

(Plates D-1, D-2, D-3, D-4, D-5)

Least-AlteredStreams

Channel-AlteredStreams

Lakes andReservoirs

Temperature °C (°F)*

30 (86)

32 (89.6)

32 (89.6)

White River

32 (89.6)

St. Francis River

32 (89.6)

Mississippi River

32 (89.6)

Arkansas River

32 (89.6)

Turbidity (NTU) (base/storm)

45/84

75/250

25/45

Arkansas River

50/52

Mississippi River

50/75

St. Francis River

75/100

Minerals

see Rule 2.511

see Rule 2.511

see Rule 2.511

Dissolved Oxygen (mg/L)**

Pri

Crit

Pri

Crit.

see Rule 2.505

<10 mi2 watershed

5

2

5

2

10 mi2 to 100 mi2

5

3

5

3

>100 mi2 watershed

5

5

5

5

All other criteria

(same as statewide)

*Increase over natural temperatures may not be more than 2.8°C (5°F).

**When water temperatures exceed 22°C, the critical season dissolved oxygen criteria may be depressed by 1 mg/L for no more than 8 hours during a 24-hour period.

Site Specific Criteria Variations Supported by Use Attainability Analysis

Plate

Map Inset

Waterbody

Variation

D-1

3

Unnamed tributary from Frit Ind., to Coon Creek

Sulfates 48 mg/L

D-1

38

Unnamed tributary to Big Creek

Chlorides 71 mg/L, sulfates 60 mg/L, TDS 453 mg/L

D-1

39

Big Creek from Whistle Ditch to mouth of unnamed tributary

Chloride 58 mg/L, sulfates 49 mg/L

D-1

40

Bayou DeView from AR Hwy 14 to Whistle Ditch

Chloride 48 mg/L, sulfates 38 mg/L, TDS 411.3 mg/L

D-1

41

Bayou DeView from mouth to AR Hwy 14

Chloride 48 mg/L, sulfates 37.3 mg/L, TDS 411.3 mg/L

Plate

Map Inset

Waterbody

Variation

D-2

5

Ditch No. 27

Sulfates 480 mg/L, TDS 1,200 mg/L, maximum water temperature 95°F

D-2

6

Ditch No. 6 from Ditch No. 27 confluence to its mouth

Sulfates 210 mg/L, TDS 630 mg/L

D-2

7

Tyronza River from Ditch No. 6 confluence to its mouth

Sulfates 60 mg/L. See Rule 2.511

Plate

Map Inset

Waterbody

Variation

D-3

1

Unnamed ditch to Little LaGrue Bayou - from headwaters to confluence with Little LaGrue Bayou

Critical season DO 3 mg/L

D-3

4

Rocky Branch Creek

Chlorides 64 mg/L

D-3

4

Bayou Meto (Rocky Branch to Pulaski/Lonoke county line)

Chlorides 64 mg/L

D-3

4

Bayou Meto from mouth to Pulaski/Lonoke county line

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

6

Bakers Bayou

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

8

Big Ditch

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

9

Crooked Creek Ditch

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

10

Caney Creek Ditch

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

10

Caney Creek

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

11

Shumaker Branch

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

12

Flat Bayou

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

13

Snow Bayou

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

14

Fish Trap Slough

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

15

Main Ditch

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

16

Dennis Slough

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

17

Bradley Slough

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

18

Flynn Slough

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

19

Boggy Slough

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

20

Bear Bayou

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

21

Bubbling Slough

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

22

Government Cypress Slough

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

23

Brushy Slough

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

24

Hurricane Slough

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

25

Newton Bayou

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

26

Castor Bayou

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

27

Wabbaseka Bayou

Chlorides 95 mg/L, sulfates 45mg/L

D-3

28

Indian Bayou

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

29

Salt Bayou

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

29

Salt Bayou Ditch

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

30

Plum Bayou

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

31

Indian Bayou Ditch

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

32

Buffalo Slough

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

33

Five Forks Bayou

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

34

Little Bayou Meto

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

35

Brownsville Branch

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

36

Tupelo Bayou

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

37

Eagle Branch

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

38

Tipton Ditch

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

39

West Bayou

Chlorides 95 mg/L, sulfates 45mg/L

D-3

40

Long Pond Slough

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

41

Cross Bayou

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

42

Bayou Two Prairie (Pulaski/ Lonoke county line to Northern boundary of Smoke Hole Natural Area)

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

42

Bayou Two Prairie (Southern boundary of Smoke Hole Natural Area to Mouth)

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

43

Skinner Branch

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

44

White Oak Branch

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

45

Ricky Branch

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

46

Blue Point Ditch

Chlorides 95 mg/L, sulfates 45 mg/L

D-3

47

Bayou DeView from mouth to AR Hwy 14

Chloride 48 mg/L, sulfates 37.3 mg/L, TDS 411.3mg/L

Plate

Map Inset

Waterbody

Variation

D-5

2

Little Lake Bayou

Critical season DO 2 mg/L

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RULE 2

APPENDIX B: ENVIRONMENTAL IMPROVEMENT PROJECT

Click here to view image

For An Act To Be Entitled

"AN ACT TO ENCOURAGE LONG-TERM ENVIRONMENTAL PROJECTS; AND FOR OTHER PURPOSES."

Subtitle

"AN ACT TO ENCOURAGE LONG-TERM ENVIRONMENTAL PROJECTS."

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

SECTION 1. Legislative Findings and Intent.

The General Assembly hereby finds that many areas of the state would benefit from longterm environmental remediation projects that significantly improve the effects caused by industrial or extractive activities. However, commitments by private enterprise to remedy such damages are discouraged by the prospect of civil liability based upon rigid application of state water quality standards to the enterprises activities. The purpose of this act is to preserve the states approach to establishing water quality standards, while also encouraging private enterprises to make significant improvements to closed or abandoned sites that are of such magnitude that more than three (3) years will be required to complete the project.

SECTION 2. Definitions and Applicability.

For the purposes of this act:

(1) "Long-term Improvement Project" or "Project" means any remediation or reclamation project at closed or abandoned:
(A) Mineral Extraction Sites;
(B) Solid Waste Management Units as defined pursuant to the Arkansas Hazardous Waste Management Act;
(C) Oil and Gas Extraction Sites;
(D) Brownfield Sites as defined in Act 125 of 1995 or as may be amended; and
(E) Hazardous Substance Sites listed on the National Priority List (42 U.S.C. Section 9605), or State Priority List (Arkansas Code 8-7-509(e), or as may be amended.
(2) "Water Quality Standard" means standards developed through administrative rulemaking by the Commission;
(3) "Commission" means the Arkansas Pollution Control and Ecology Commission; and
(4) "Department" means the Arkansas Department of Pollution Control and Ecology.
SECTION 3. Procedures for approval of environmental projects, contents of applications, and public notice.
(a) A petitioner seeking approval of a change in water quality standards to accommodate a long-term environmental improvement project shall file with the Department a Notice of Intent, which includes as a minimum:
(1) A description of the water body or stream segment affected by the project;
(2) The existing ambient water quality for the use of criteria at issue;
(3) The affected water quality standard;
(4) The modifications sought;
(5) The proposed remediation activities;
(6) A proposed Remediation Plan, which shall contain:
(A) A description of the existing conditions, including identification of the conditions limiting the attainment of the water quality standards;
(B) A description of the proposed water quality standard modification, both during and post project;
(C) A description of the proposed remediation plan; and
(D) The anticipated collateral effects, if any, of the Remediation Plan; and
(7) A schedule for implementing the Remediation Plan that ensures that the post project water quality standards are met as soon as reasonably practicable.
(b) The department shall cause notice of the proposed project and associated water quality standard changes described in subsection (a) to be published for public notice and comment in the same manner as provided for permit applications in Arkansas Code 8-4-203(b), and shall advise the public that the details of the proposed project are available for public review.
(c) After considering comments from the public, the department shall notify the petitioner as to whether the proposed project is approved or denied. The department may deny approval of a project if it reasonably concludes that the plan is not complete, the plan is not technically sound, the schedule is unrealistic, the plan will not have an overall beneficial effect for the environment, or other appropriate reasons. Any department determination on the approval or denial of a project is subject to the appeal procedures applicable to permitting decisions set out in Arkansas Code 8-4-205.
(d) Upon approval of the project for further development, the petitioner shall prepare documentation required for third-party rulemaking by Arkansas Code 8-4-202 and established in administrative procedures.
SECTION 4. Modification of Water Quality Standards.
(a) The commission may approve a modification where the water quality standard is not being maintained due to conditions which may, in part or in whole, be corrected through the implementation of long-term measures. The commission shall establish such subcategory of use and modify such general and specific standards as it deems appropriate to reflect such modification while ensuring that the fishable/swimmable use is maintained. In all water quality standard changes associated with long-term environmental projects, the remedial action plan described in subsection (a) of Section 3 of this act shall be incorporated by reference in the statement of basis and purpose of the rule and shall be considered an essential condition of the modified water quality standard.
(b) Once the commission approves a water quality standard modification, the department shall ensure that conditions and limitations designed to achieve compliance with the plan are established in applicable discharge permits, consent administrative orders, or such other enforcement measures deemed appropriate by the department. The department may allow modifications by the petitioner to the remediation plan and schedule as is deemed appropriate, provided that any such modifications to the original remedial action plan shall not render the project significantly less protective of the applicable use subcategory. Should the department find that the petitioner is not acting in good faith to complete the project in accordance with the approved plan, applicable and appropriate enforcement authority may be exercised subject to appeal to the commission.
(c) The department or the petitioner shall report annually to the commission on the progress of the project.
SECTION 5. Project Completion.

At the end of the project the post project water quality standards shall be in full force and effect.

SECTION 6. All provisions of this act of a general and permanent nature are amendatory to the Arkansas Code of 1987 Annotated and the Arkansas Code Revision Commission shall incorporate the same in the Code.
SECTION 7. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
SECTION 8. All laws and parts of laws in conflict with this act are hereby repealed.
RULE 2

APPENDIX C: SCIENTIFIC NAMES OF AQUATIC BIOTA

Common Name

Species

Family

Banded sculpin

Cottus carolinae

Cottidae

Banded pygmy sunfish

Elassoma zonatum

Elassomatidae

Bigeye shiner

Notropis boops

Cyprinidae

Black redhorse

Moxostoma duquesnei

Catostomidae

Blackside darter

Percina maculata

Percidae

Blacktail redhorse

Moxostoma poecilurum

Catostomidae

Blacktail shiner

Cyprinella venusta

Cyprinidae

Bleeding shiner

Luxilus zonatus

Cyprinidae

Bluegill

Lepomis macrochirus

Centrarchidae

Bluntnose minnow

Pimephales notatus

Cyprinidae

Bluntnose darter

Etheostoma chlorosoma

Percidae

Cardinal shiner

Luxilus cardinalus

Cyprinidae

Carp

Cyprinus carpio

Cyprinidae

Channel catfish

Ictalurus punctatus

Ictaluridae

Creek chubsucker

Erimyzon oblongus

Catostomidae

Creole darter

Etheostoma collettei

Percidae

Current River darter

Etheostoma uniporum

Percidae

Drum

Aplodinotus grunniens

Sciaenidae

Dusky darter

Percina sciera

Pericidae

Duskystripe shiner

Luxilus pilsbryi

Cyprinidae

Emerald shiner

Notropis atherinoides

Cyprinidae

Fantail darter

Etheostoma flabellare

Percidae

Flier

Centrarchus macropterus

Centrarchidae

Freckled madtom

Noturus nocturnus

Ictaluridae

Gizzard shad

Dorosoma cepedianum

Clupeidae

Golden redhorse

Moxostoma erythrurum

Catostomidae

Redfin pickerel

Esox americanus

Esocidae

Gravel chub

Erimystax x-punctatus

Cyprinidae

Green sunfish

Lepomis cyanellus

Centrarchidae

Greenside darter

Etheostoma blennioides

Percidae

Largemouth bass

Micropterus salmoides

Centrarchidae

Longear sunfish

Lepomis megalotis

Centrarchidae

Longnose darter

Percina nasuta

Percidae

Madtoms

Noturus sp.

Ictaluridae

Mosquitofish

Gambusia affinis

Poeciliidae

Northern hogsucker

Hypentelium nigricans

Catostomidae

Northern studfish

Fundulus catenatus

Fundulidae

Orangebelly darter

Etheostoma radiosum

Percidae

Orangebelly darter

Etheostoma radiosum

Percidae

Orangethroat darter

Etheostoma spectabile

Percidae

Ozark madtom

Noturus albater

Ictaluridae

Ozark minnow

Notropis nubilus

Cyprinidae

Pirate perch

Aphredoderus sayanus

Aphredoderidae

Pugnose minnow

Opsopoeodus emiliae

Cyprinidae

Rainbow darter

Etheostoma caeruleum

Percidae

Redfin darter

Etheostoma whipplei

Percidae

Redfin shiner

Lythrurus umbratilis

Cyprinidae

Ribbon shiner

Lythrurus fumeus

Cyprinidae

"Rock basses"

Ambloplites sp.

Centrarchidae

Scaly sand darter

Ammocrypta vivax

Percidae

Shadow bass

Ambloplites ariommus

Centrarchidae

Slender madtom

Noturus exilis

Ictaluridae

Slough darter

Etheostoma gracile

Percidae

Smallmouth bass

Micropterus dolomieu

Centrarchidae

Smallmouth buffalo

Ictiobus bubalus

Catostomidae

Southern redbelly dace

Chrosomus erythrogaster

Cyprinidae

Spotted bass

Micropterus punctulatus

Centrarchidae

Spotted sucker

Minytrema melanops

Catostomidae

Spotted sunfish

Lepomis punctatus

Centrarchidae

Spotted gar

Lepisosteus oculatus

Lepisosteidae

Strawberry River darter

Etheostoma fragi

Percidae

Striped shiner

Luxilus chrysocephalus

Cyprinidae

Tadpole madtom

Noturus gyrinus

Ictaluridae

Warmouth

Lepomis gulosus

Centrarchidae

Wedgespot shiner

Notropis greenei

Cyprinidae

Whitetail shiner

Cyprinella galactura

Cyprinidae

Yellow bullhead

Ameiurus natalis

Ictaluridae

RULE 2

APPENDIX D: LIST OF CURRENT EXTRAORDINARY RESOURCE WATERS, ECOLOGICALLY SENSITIVE WATERBODIES, AND NATURAL AND SCENIC WATERWAYS

Extraordinary Resource Waters

Stream Name

Ecoregion

Plate

Alum Fork Saline River

Ouachita Mountains

OM-2

Archey Creek

Boston Mountains

BM-2

Arkansas River

Delta

D-5

Beech Creek

Boston Mountains

BM-3

Big Creek

Arkansas River Valley

ARV-3

Big Creek

Ozark Highlands

OH-4

Big Fork Creek

Ouachita Mountains

OM-1

Big Piney Creek

Boston Mountains

BM-2

Buffalo River

Boston Mountains

BM-1, BM-2

Buffalo River

Ozark Highlands

OH-2, OH-3

Bull Shoals Reservoir

Ozark Highlands

OH-2, OH-3

Cache River

Delta

D-3

Caddo River

Ouachita Mountains

OM-1, OM-2

Cadron Creek

Arkansas River Valley

ARV-2, ARV-3

Caney Creek

Ouachita Mountains

OM-1

Cossatot River

Ouachita Mountains

OM-1

Current River

Ozark Highlands

OH-4

DeGray Reservoir

Ouachita Mountains

OM-2

Devils Fork of Little Red River

Boston Mountains

BM-3

East Fork Cadron Creek

Arkansas River Valley

ARV-2, ARV-3

East Fork Illinois Bayou

Boston Mountains

BM-2

Eleven Point River

Ozark Highlands

OH-4

English Creek

Ozark Highlands

OH-4

Falling Water Creek

Boston Mountains

BM-2

Field Creek

Ozark Highlands

OH-4

Gut Creek

Ozark Highlands

OH-4

Hurricane Creek

Boston Mountains

BM-2

Illinois Bayou

Boston Mountains

BM-2

Kings River

Boston Mountains

BM-1

Kings River

Ozark Highlands

OH-2

Lake Ouachita

Ouachita Mountains

OM-1, OM-2

Lee Creek

Boston Mountains

BM-1

Lick Creek

Boston Mountains

BM-3

Little Missouri River

Ouachita Mountains

OM-1

Little Raccoon Creek

Boston Mountains

BM-3

Little Strawberry River

Ozark Highlands

OH-3

Middle Fork Illinois Bayou

Boston Mountains

BM-2

Middle Fork Little Red River

Boston Mountains

BM-2, BM-3

Middle Fork Saline River

Ouachita Mountains

OM-2

Moro Creek

Gulf Coastal Plain

GC-2

Mountain Fork River

Ouachita Mountains

OM-1

Mulberry River

Arkansas River Valley

ARV-1

Mulberry River

Boston Mountains

BM-1, BM-2

Myatt Creek

Ozark Highlands

OH-3, OH-4

North Fork Cadron Creek

Arkansas River Valley

ARV-2, ARV-3

North Fork Illinois Bayou

Boston Mountains

BM-2

North Fork Saline River

Ouachita Mountains

OM-2

North Sylamore Creek

Ozark Highlands

OH-3

Raccoon Creek

Boston Mountains

BM-3

Richland Creek

Boston Mountains

BM-2

Salado Creek

Boston Mountains

BM-3

Saline River

Gulf Coastal Plain

GC-2, GC-3

Saline River

Ouachita Mountains

OM-2

Second Creek

Delta

D-4

South Fork Caddo River

Ouachita Mountains

OM-1

South Fork Saline River

Ouachita Mountains

OM-2

South Fork Spring River

Ozark Highlands

OH-3, OH-4

Spring River

Ozark Highlands

OH-4

Strawberry River

Delta

D-1

Strawberry River

Ozark Highlands

OH-3, OH-4

Tomahawk Creek

Boston Mountains

BM-3

Turkey Creek

Boston Mountains

BM-3

Two Bayou Prairie

Delta

D-3

Natural and Scenic Waterways

Stream Name

Ecoregion

Plate

Big Piney Creek

Boston Mountains

BM-2*

Brushy Creek

Ouachita Mountains

OM-1

Buffalo River

Boston Mountains

BM-1, BM-2

Buffalo River

Ozark Highlands

OH-2, OH-3

Cossatot River

Ouachita Mountains

OM-1

Hurricane Creek

Boston Mountains

BM-2*

Kings River

Boston Mountains

BM-1

Kings River

Ozark Highlands

OH-2

Little Missouri River

Ouachita Mountains

OM-1

Mulberry River

Arkansas River Valley

ARV-1

Mulberry River

Boston Mountains

BM-1, BM-2

North Sylamore Creek

Ozark Highlands

OH-3*

Richland Creek

Boston Mountains

BM-2*

Saline River

Gulf Coastal Plain

GC-3

Strawberry River

Ozark Highlands

OH-3, OH-4

* As designated in the National Wild and Scenic Rivers System

Ecologically Sensitive Waterbodies

Stream Name

Ecoregion

Plate

Alum Fork Saline River

Ouachita Mountains

OM-2

Archey Creek

Boston Mountains

BM-2

Beech Fork

Boston Mountains

BM-3

Black River

Delta

D-1

Brushy Creek

Ouachita Mountains

OM-1

Caddo River

Ouachita Mountains

OM-1

Caney Creek

Ouachita Mountains

OM-1

Collier Creek

Ouachita Mountains

OM-1

Cossatot River

Ouachita Mountains

OM-1

Current River

Ozark Highlands

OH-4

Departee Creek

Delta

D-1

Devils Fork Little Red River

Boston Mountains

BM-3

Eleven Point River

Ozark Highlands

OH-4

Grassy Lake

Gulf Coastal Plain

GC-1

Illinois River

Ozark Highlands

OH-1

Little Missouri River

Ouachita Mountains

OM-1

Little Raccoon Creek

Boston Mountains

BM-3

Little River

Gulf Coastal Plain

GC-1

Little Strawberry River

Ozark Highlands

OH-3

Lick Creek

Boston Mountains

BM-3

Lick Creek

Ouachita Mountains

OM-1

Mayberry Creek

Ouachita Mountains

OM-2

Middle Fork Little Red River

Boston Mountains

BM-2, BM-3

Middle Fork Saline River

Ouachita Mountains

OM-2

Mill Creek

Ouachita Mountains

OM-1

Missouri River

Gulf Coastal Plain

GC-2

Mountain Fork River

Ouachita Mountains

OM-1

North Fork Saline River

Ouachita Mountains

OM-2

Otter Creek

Ozark Highlands

OH-3

Ouachita River

Ouachita Mountains

OM-1

Ouachita River

Gulf Coastal Plain

GC-2, GC-4

Polk Creek

Ouachita Mountains

OM-1

Robinson Creek

Ouachita Mountains

OM-1

St. Francis River

Delta

D-4

Saline River

Ouachita Mountains

OM-2

Saline River

Gulf Coastal Plain

GC-3

South Fork Caddo River

Ouachita Mountains

OM-1

South Fork Ouachita River

Ouachita Mountains

OM-1

South Fork Saline River

Ouachita Mountains

OM-2

Ten Mile Creek

Ouachita Mountains

OM-2

Raccoon Creek

Boston Mountains

BM-3

Right Hand Chute Little River

Delta

D-2

Rock Creek

Ouachita Mountains

OM-1

Rock Creek

Ozark Highlands

OH-4

South Fork Little Red River

Boston Mountains

BM-2

Spring River

Ozark Highlands

OH-4

Straight Slough

Delta

D-2, D-4

Strawberry River

Ozark Highlands

OH-3, OH-4

Tomahawk Creek

Boston Mountains

BM-3

Turkey Creek

Boston Mountains

BM-3

Various springs & spring-fed tributaries

Ozark Highlands

OH-1, OH-2, OH-3

White River

Boston Mountains

BM-1

Yellow Creek

Gulf Coastal Plain

GC-1

RULE 2

APPENDIX E: CRITERIA TO BE CONSIDERED IN DETERMINING WHETHER THE DESIGNATED USE OF EXTRAORDINARY RESOURCE WATER, ECOLOGICALLY SENSITIVE WATERBODY, OR NATURAL AND SCENIC WATERWAY SHOULD BE MAINTAINED

The determination of whether a designated use of Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway should be maintained in a given waterbody must be made on a case by case basis. At least 180 days prior to filing any petition authorized under Rule 2.310 to initiate rulemaking with the Commission to remove the designated use of Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway from a free flowing waterbody for the purpose of constructing a reservoir to provide a domestic water supply, the petitioner shall submit to the Division information and supporting documentation which address each of the following:

(A) Describe generally and specifically the state of the existing water quality;
(B) Identify the presence of key and indicator species of fish adapted to flowing water systems and state the extent to which these species are present in the waterbody;
(C) Describe the extent to which water quality and physical habitat, including wetlands, support other plant or animal life and identify the species;
(D) Identify the presence of, and state the extent to which, other wildlife uses are dependent upon the waterbody;
(E) State the extent to which water quality and physical habitat support threatened, endangered, or endemic aquatic or semi-aquatic species and identify those species;
(F) Specify the extent to which the waterbody supports a high diversity of aquatic species and identify the presence and frequency of the species;
(G) Describe and identify the extent to which physical or chemical characteristics of the waterbody provide an unusual or uncommon aquatic habitat;
(H) Describe the extent to which physical or chemical characteristics give the waterbody unusual or unique aesthetic attributes;
(I) Specify the extent of the use of the waterbody for recreation in or on the water, such as fishing, swimming, and boating (including but not limited to canoeing, kayaking, or rafting), or use of the waterbody for commercial activity, including tourism;
(J) Identify and describe the intangible social values associated with the free flowing characteristics of the waterbody;
(K) Identify the presence and location of gorges, rapids, waterfalls, or other significant geologic features;
(L) Identify the presence and location of scenic areas and sites potentially impacted by the reservoir;
(M) Identify the presence and location of rare and/or irreplaceable natural areas potentially impacted by the reservoir;
(N) Identify the presence and location of known archeological sites potentially impacted by the reservoir;
(O) Identify the presence and location of historic resources potentially impacted by the reservoir;
(P) Delineate the extent to which the waterbody is located within the boundaries of, flows through, or is adjacent to state or federal forest land, parks, natural areas, nature preserves, refuges, or wildlife management areas;
(Q) Describe the extent to which the waterbody is used for educational, scientific, or research purposes;
(R) Identify the waterbody's use or potential use as an ecoregion reference stream;
(S) Describe the land uses, and the geographical extent of each, occurring within the watershed;
(T) Identify the presence and location of all permitted point sources discharging to the waterbody;
(U) Identify the presence and location of existing alterations, diversions or manmade impoundments; and
(V) Provide the frequency of occasions when there is no natural flow in the waterbody, and the Q7-10 flow values for the waterbody.
RULE 2

APPENDIX F: FACTORS CONSIDERED IN ADDING THE DESIGNATED USE OF EXTRAORDINARY RESOURCE WATER, ECOLOGICALLY SENSITIVE WATERBODY, OR NATURAL AND SCENIC WATERWAY TO A WATERBODY OR WATERBODY SEGMENT

The Commission shall consider the following supporting documentation in determining whether a waterbody should be designated as an Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway:

(A) Location - The waterbody is within the boundaries of or flows through or is adjacent to state or federal forest land, parks, natural areas, nature preserves, refuges, or wildlife management areas, or the watershed may include remote, primitive, or relatively undeveloped areas;
(B) Existing water quality - pristine, naturally-occurring, or unique;
(C) Ecological value - The presence of water quality and physical habitat that supports threatened, endangered, or sensitive species, the presence of any threatened, endangered, or sensitive species, and/or water quality that supports an exceptional high diversity of aquatic species (fish or benthic macroinvertebrates) as categorized by an appropriate index of biological integrity (IBI) protocol;
(D) Presence of physical or chemical characteristics that provide an unusual or uncommon aquatic habitat;
(E) Special attributes of the waterbody that make it an outstanding resource, including but not limited to the presence of archeological sites, historical sites, or rare or valuable wildlife habitat;
(F) Aesthetic Value- the presence of scenic areas or sites or scenic beauty resulting from natural features of the basin such as flow, topography, geology, ecology, physiography (i.e., waterfalls, gorges, rapids, or other special features), or the presence of characteristics giving the waterbody unique or unusual attributes;
(G) Recreational Value- Use of the waterbody for:
(1) Fishing, rafting, kayaking, camping, family outings, backpacking, bird watching, etc.,
(2) Presence of hiking trails or scenic road or highway alongside, and
(3) Attracting tourism;
(H) Use of the waterbody for educational, scientific, or research purposes;
(I) Presence of rare and/or irreplaceable natural areas; and
(J) Impacts the designation may have on current uses, upstream users, downstream users, and potential future uses of the waterbody or waterbody segment.

118.01.22 Ark. Code R. 002

Adopted by Arkansas Register Volume 47 Number 05, Effective 5/7/2022