8 CAR pt. 21 | 8 CAR Part 21 — Rule Establishing Water Quality Standards for Surface Waters of the State of Arkansas

Chapter I

Subchapter C

Subpart 1

8 CAR § 21-101 Authority {#sec-8-car-21-101 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-101}

8 CAR § 21-101. Authority.

Pursuant to the Arkansas Water and Air Pollution Control Act, Arkansas Code § 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 hereby promulgates this rule establishing water quality standards for all surface waters, interstate and intrastate, of the State of Arkansas.

8 CAR § 21-102 Purpose {#sec-8-car-21-102 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-102}

8 CAR § 21-102. Purpose.

(a)(1) 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.

(2) 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.

(b) In establishing these standards, the Arkansas Pollution Control and Ecology 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.

(c)(1) The State of Arkansas has an exceptionally large volume of high-quality water.

(2) 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.

(3) Where man-made pollution exists, substantial progress has been made in abatement.

(d)(1) It is the purpose of this part 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.

(2) It is further the purpose of this part 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.

8 CAR § 21-103 Arkansas Pollution Control and Ecology Commission review {#sec-8-car-21-103 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-103}

8 CAR § 21-103. Arkansas Pollution Control and Ecology Commission review.

(a) The water quality standards herein established will be reviewed by the Arkansas Pollution Control and Ecology Commission at least once each three-year period beginning as of October 18, 1972.

(b) 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.

8 CAR § 21-104 Policy for compliance {#sec-8-car-21-104 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-104}

8 CAR § 21-104. Policy for compliance.

(a) It shall be the policy of the Division of Environmental Quality of the Department of Energy and Environment 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.

(b) 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.

8 CAR § 21-105 Environmental improvement projects {#sec-8-car-21-105 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-105}

8 CAR § 21-105. Environmental improvement projects.

The Arkansas Pollution and Ecology Control Commission may, after consideration of information provided pursuant to Appendix B and Arkansas Code § 8-5-901 et seq., grant temporary modifications to the General and Specific Standards or establish a subcategory or subcategories of use or uses for completion of long-term environmental improvement projects.

8 CAR § 21-106 Definitions {#sec-8-car-21-106 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-106}

8 CAR § 21-106. Definitions.

As used in this part:

(1) “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;

(2) “Abatement” means the reduction in degree or intensity of pollution;

(3) “Acute toxicity” means a statistically significant difference (at the ninety-fifth percent (95%) confidence level) in mortality or immobilization between test organisms and a control measured during a specified period of time which is normally less than ninety-six (96) hours;

(4) “Algae” means simple plants (without roots, stems, or leaves) that contain chlorophyll and are capable of photosynthesis;

(5) “Aquatic biota” means all those life forms which inhabit the aquatic environment;

(6) “Aquatic life” means the designated use of a waterbody determined by the fish community and other associated aquatic biota;

(7) “Base flows” means 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;

(8) “Bioaccumulation” means the process by which a compound is taken up by an aquatic organism, both from water and through food;

(9) “Chronic toxicity” means a statistically significant difference (at the ninety-fifth percent (95%) 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;

(10) “Commission” means the Arkansas Pollution Control and Ecology Commission;

(11) “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;

(12) “Criterion continuous concentration (CCC)” means 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;

(13) “Criterion maximum concentration (CMC)” means 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;

(14) “Critical flows” means 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:

(A) For a seasonal aquatic life - one cubic foot per second (1 ft³/sec) minus the design flow of any point source discharge (may not be less than zero (0));

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

(i) 8 CAR § 21-511(a) Site Specific Mineral Criteria listed with an asterisk- 4 cubic feet per second; and

(ii) 8 CAR § 21-511(c) Domestic Water Supply: Q7-10; and

(D) For metals and conventional pollutants - Q7-10;

(15)(A) “Critical season” means that period of the year when water temperatures exceed twenty-two degrees Celsius (>22°C (71.6°F)).

(B) This is normally the hot, dry season and after the majority of the fish spawning activities have ceased.

(C) This season occurs during a different time frame in different parts of the state, but normally exists from about mid-May to mid-September;

(16) “Cumulative” means increasing by successive additions;

(17) “Degradation” means the act or process of causing any decrease in quality;

(18) “Design flow” means a facility discharge flow of process wastewater that is authorized in a NPDES permit;

(19) “Designated uses” means those uses specified in the water quality standards for each waterbody or assessment unit whether or not they are being attained;

(20) “Discharge” means a discrete point source of waste or wastewater entering into waters of the state;

(21) “Dissolved oxygen” (DO) means a measure of the concentration of oxygen in solution in a liquid;

(22) “Division” means the Division of Environmental Quality of the Department of Energy and Environment, or its successor;

(23) “Ecoregion” means a large area of landscape with relatively homogenous physical, chemical, and biological characteristics;

(24) “Effluent” means 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;

(25) “Escherichia coli” means a rod-shaped gram-negative bacillus abundant in the large intestines of mammals;

(26) “Endemic” means native to and confined to a specific region;

(27) “Existing uses” means 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;

(28) “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.”;

(29) “Groundwater” means water below the land surface in a zone of saturation;

(30) “Hardness” means a measure of the sum of multivalent metallic cations expressed as calcium carbonate (CaCO3);

(31) “Harmonic mean flow” means the reciprocal of the mean of the reciprocals of daily flow measurements;

(32) “Headwater” means the upper watershed area where streams generally begin; headwater typically consists of 1st- and 2nd-order streams;

(33) “Heavy metals” means a general name given to the ions of metallic elements heavier than iron, such as cadmium, lead, mercury, copper, zinc, and chromium;

(34) “Human health criteria” means levels of toxicants in ambient water which will not manifest adverse health effects in humans;

(35) “Hypolimnion” means 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;

(36) “Impairment” means 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;

(37)(A) “Indicator species” means species of fish which may not be dominant within a species group and may not be limited to one (1) area of the state, but which, because of their presence, are readily associated with a specific ecoregion.

(B) All indicator species need not be present to establish a normal or representative fishery;

(38) “Indigenous” means produced, growing, or living naturally in a particular region or environment;

(39) “Interstate” means of, connecting, or existing between two (2) or more states;

(40) “Intrastate” means existing or occurring within a state;

(41) “Ionizing radiation” means 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;

(42)(A) “Key species” means fishes which are normally the dominant species (except for some ubiquitous species) within the important groups such as fish families or trophic feeding levels.

(B) All specified key species need not be present to establish a normal or representative fishery;

(43) “Long term average flow” means an average annual stream flow based on a period of record which reflects the typical annual variability;

(44) “Milligrams per liter (mg/L)” means the concentration at which one milligram (1mg) is contained in a volume of one liter (1 L); one milligram per liter (1 mg/L) is equivalent to one part per million (1 ppm) at unit density;

(45)(A) “Mixing zone” means an area where an effluent discharge undergoes mixing with the receiving waterbody.

(B) For toxic discharges a zone of initial dilution may be allowed within the mixing zone;

(46) “Most probable number (MPN)” is used to estimate the concentration of viable microorganisms in a sample by means of replicating liquid broth growth in ten-fold dilutions;

(47) “Mouth” means the point of confluence where a stream enters a larger body of water;

(48) “Natural background” means ambient conditions or concentrations of a parameter due to nonanthropogenic 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;

(49) “Naturally occurring excursions” means temporary deviation from natural background due to natural events such as severe storm events, drought, temperature extremes, etc.;

(50) “Nephelometric turbidity unit (NTU)” means 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;

(51)(A) “Noncritical season” means that period of the year when water temperatures are twenty- two degrees Celsius or below (≤22°C (71.5°F)).

(B) This includes the major part of the year from fall through spring, including the spawning season of most fishes.

(52) “Nonpoint source” means 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.;

(53) “Nuisance species” means those organisms capable of interfering with the beneficial use of water;

(54) “Nutrient” means 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;

(55) “Objectionable algal densities” means numbers of total algae which would interfere with a beneficial use;

(56) “Persistent” means degraded only slowly by the environment;

(57) “pH” means the negative logarithm of the effective hydrogen-ion concentration in gram equivalents per liter;

(58) “Picocurie” means one trillionth (10^-12) of a curie which is a unit of quantity of any radioactive nuclide in which 3.7 X 10¹⁰ disintegrations occur per second;

(59) “Point source” means a discharge from a discrete point;

(60) “Q7-10” means a flow volume equal to or less than the lowest mean discharge during seven (7) consecutive days of a year which, on the average, occurs once every ten (10) years;

(61) “Regulated-flow stream” means those streams restricted by structures which have the ability to control stream flow;

(62)(A) “Seasonal aquatic life” means the designated aquatic life use that occurs in some waterbodies only during the period when stream flows increase substantially and water temperatures are cooler.

(B) This is normally during the months of December through May;

(63)(A) “State of Arkansas Continuing Planning Process (CPP)” is 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.

(B) The CPP is not a rule;

(64) “Storm flows” takes into account all flows and data collected throughout the year, including elevated flows due to rainfall events;

(65) “Surface water” means the water contained on the exterior or upper portion of the earth's surface as opposed to groundwater;

(66) “Synergism” means cooperative action of discrete agents such that the total effect is greater than the sum of the effects taken independently;

(67) “Total dissolved solids (TDS)” means 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 one hundred eighty degrees Celsius (180°C);

(68) “Trout fishery” means water that is suitable for the growth and survival of trout, usually characterized as high-quality water having a maximum summer temperature of sixty-eight degrees Fahrenheit (68°F) or less;

(69) “Use attainability analysis” means a structured scientific assessment of the factors affecting the attainment of the fishable/swimmable use which may include physical, chemical, biological, and economic factors;

(70) “Waterbodies, waterways, waters”, in this part, refers to surface waters of the state as described in the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq.;

(71) “Water effects ratio (WER)” means 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; and

(72)(A) “Zone of initial dilution (ZID)” means an area within the mixing zone where a toxic effluent discharge initiates mixing in the receiving waterbody.

(B) This is an area where acute water quality criteria may be exceeded, but acute toxicity may not occur.

Subpart 2

8 CAR § 21-201 Existing uses {#sec-8-car-21-201 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-201}

8 CAR § 21-201. Existing uses.

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

8 CAR § 21-202 High quality waters {#sec-8-car-21-202 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-202}

8 CAR § 21-202. High quality waters.

(a) 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’ 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.

(b) In allowing such degradation or lower water quality, the state shall assure water quality adequate to protect existing uses fully.

(1) There shall be achieved the highest statutory and regulatory requirements for all new and existing point sources; and

(2) The provisions of the Arkansas Water Quality Management Plan be implemented with regard to nonpoint sources.

8 CAR § 21-203 Outstanding resource waters {#sec-8-car-21-203 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-203}

8 CAR § 21-203. Outstanding resource waters.

(a) 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.

(b) 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.

(c) 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 part.

8 CAR § 21-204 Thermal discharges {#sec-8-car-21-204 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-204}

8 CAR § 21-204. Thermal 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.

Subpart 3

8 CAR § 21-301 Introduction {#sec-8-car-21-301 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-301}

8 CAR § 21-301. Introduction.

(a) Substantially all the waters of the state have been designated for specific uses as shown in Appendix A.

(b) 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.

8 CAR § 21-302 Designated uses {#sec-8-car-21-302 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-302}

8 CAR § 21-302. Designated uses.

The designated uses are defined as follows:

(1) 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).

(2) 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).

(3) 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).

(4) Primary Contact Recreation. This beneficial use designates waters where full body contact is involved. Any streams with watersheds of greater than ten square miles (>10 mi²) are designated for full body contact. All streams with watersheds less than ten square miles (<10 mi²) may be designated for primary contact recreation after site verification. (April 1 to October 31).

(5) Secondary Contact Recreation. This beneficial use designates waters where secondary activities like boating, fishing or wading are involved. (Year-round).

(6) 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:

(A) Trout Waters. Water that is suitable for the growth and survival of trout (Family: Salmonidae);

(B) 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; and

(C) 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.

(i) 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:

(ii) 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:

(iii) Arkansas 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:

(iv) 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:

(v) Typical South Central Plains 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:

(vi) Springwater-influenced South Central Plains 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:

(vii) Least-altered Mississippi Alluvial Plain 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:

(viii) Channel-altered Mississippi Alluvial Plain 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:

(7) 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.

(8) 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.

(9) Agricultural Water Supply. This beneficial use designates waters that will be protected for irrigation of crops and/or consumption by livestock.

(10) 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.

8 CAR § 21-303 Use attainability analysis {#sec-8-car-21-303 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-303}

8 CAR § 21-303. Use 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 waterbody 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 waterbody, 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 Sections 301(b) and 306 of the Clean Water Act would result in substantial and widespread economic and social impact.

(c)(1) The scope of a use attainability analysis shall be in direct proportion to the project involved and the resource value of the receiving stream.

(2)(A) 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.

(B) 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.

(C) Such other methods may include the use of information previously gathered through technical studies, use attainability analysis, or both.

(d) Use attainability analysis procedures may be found in the State of Arkansas Continuing Planning Process document.

(e) Any waterbody on which a use attainability analysis is approved shall be listed in Appendix A with appropriate criteria.

8 CAR § 21-304 Physical alteration of habitat {#sec-8-car-21-304 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-304}

8 CAR § 21-304. Physical alteration of habitat.

(a) Significant physical alterations of the habitat within Extraordinary Resource Waters, Ecologically Sensitive Waterbodies, or Natural and Scenic Waterways are not allowed.

(b) In other waters, where significant physical alterations of the habitat are proposed, the Division of Environmental Quality must be assured that no significant degradation of any existing use or water quality necessary to protect that use will occur.

(c) In order to make such determinations, the division may require an evaluation of all practicable alternatives to the project including:

(1) An environmental assessment of the impacts of each alternative;

(2) An engineering and economic analysis; and

(3) A socio-economic evaluation of the project in the local area.

8 CAR § 21-305 Short term activity authorization {#sec-8-car-21-305 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-305}

8 CAR § 21-305. Short term activity authorization.

(a)(1) The Director of the Division of Environmental Quality 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.

(2) 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.

(3) Nothing herein shall be intended to supersede existing state and federal permitting processes or requirements.

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

(1) Wastewater treatment facility maintenance;

(2) Fish eradication projects;

(3) Mosquito abatement projects;

(4) Algae and weed control projects;

(5) Dredge and fill projects;

(6) Construction activities; or

(7) Activities which result in overall enhancement or maintenance of beneficial uses.

(c)(1) The director shall specify the degree of variance from the standards, the time limit of activity, and restoration procedures where applicable.

(2) 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.

8 CAR § 21-306. Procedures 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.

(a) This procedure is applicable in those cases where the Arkansas Pollution Control and Ecology 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.

(b)(1) 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.

(2) 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; and

(C) Documentation that the use being removed is not an existing use and that all other designated uses will be protected.

(c)(1) Modifications made pursuant to this section may be required to be rejustified for continued support.

(2) 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.

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

8 CAR § 21-307 Use subcategories {#sec-8-car-21-307 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-307}

8 CAR § 21-307. Use subcategories.

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

8 CAR § 21-308 Site-specific criteria {#sec-8-car-21-308 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-308}

8 CAR § 21-308. Site-specific criteria.

In establishing criteria:

(1) Establish numerical criteria values based on:

(A) 304(a) Guidance; or

(B) 304(a) Guidance modified to reflect site conditions (i.e., Water Effects Ratio); or

(2) Establish narrative criteria or criteria based upon biomonitoring methods where numerical criteria cannot be established or to supplement numerical criteria.

8 CAR § 21-309 Water quality standards temporary variance {#sec-8-car-21-309 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-309}

8 CAR § 21-309. Water 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.

8 CAR § 21-310 Procedure 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 {#sec-8-car-21-310 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-310}

8 CAR § 21-310. Procedure 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)(1) 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:

(A) The sole purpose for the funding and construction of the reservoir is to provide a domestic water supply; and

(B) 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.

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

(b)(1) 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 Arkansas Pollution Control and Ecology Commission by a regional water distribution district, public facilities board, public water authority, or other public entity engaged in providing water to the public.

(2) Such petition, at a minimum, shall include:

(A) A map depicting the location of the proposed project and the area to be impounded;

(B) A description of the proposed project, including detailed design plans;

(C) 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;

(D) 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;

(E) Information and supporting documentation which address the criteria set forth in Appendix E;

(F)(i) A recommendation to the Arkansas Pollution Control and Ecology Commission from the Director of the Division of Environmental Quality 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.

(ii) The director shall provide the petitioner with the director’s recommendation within one-hundred-eighty (180) days of the Division of Environmental Quality’s receipt of the petitioner’s Appendix E submittal.

(iii) If the director does not deliver a recommendation to the petitioner within the one-hundred-eighty-day time period, the petitioner may file its petition under this section without including a recommendation from the director.

(iv) The director may submit a recommendation to the commission at any time not less than thirty (30) days prior to the commission’s final decision on the petition.

(G) 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

(H) Any other submittals required by Administrative Procedures, 8 CAR pt. 11 (previously, Rule 8) for a petition to initiate rulemaking.

(c)(1)(A) 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.

(B) The commission shall set forth the reasons for its determination in writing.

(2) 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)(1)(A) 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.

(B) The commission shall set forth the reasons for its determination in writing.

(2) 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.

(3) 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)(1) 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.

(2) The commission shall set forth the reasons for its determination in writing, after considering the director’s recommendation referenced in subdivision (b)(2)(F) of this section and reviewing the information and supporting documentation which address the criteria set forth in Appendix E.

8 CAR § 21-311 Procedure 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 {#sec-8-car-21-311 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-311}

8 CAR § 21-311. Procedure 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)(1) 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.

(2) Such petition shall include, at a minimum, the following:

(A) Name of petitioner;

(B) Petitioner’s mailing address and telephone number;

(D) A map depicting the waterbody or segment proposed for designation;

(E) Petitioner’s interest in the proposed action;

(F) Statement of potential benefits and impacts of the proposed action, including economic benefits and impacts;

(G) Evidence of requests for resolution or resolutions by appropriate local government or governments regarding the nomination of the waterbody as an Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway;

(H) Supporting documentation for the designation, including information which addresses the factors listed in Appendix F;

(I) Recommended language change necessary to affect this proposed change to any commission rule; and

(J) Any other submittals required by Administrative Procedures, 8 CAR pt. 11 (previously, 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.

Subpart 4

8 CAR § 21-401 Applicability {#sec-8-car-21-401 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-401}

8 CAR § 21-401. Applicability.

(a)(1) Unless otherwise indicated in this subpart or in Appendix A, the general standards outlined below are applicable to all surface waters of the state at all times.

(2) They apply specifically with regard to substances attributed to discharges, nonpoint sources, or instream activities as opposed to natural phenomena.

(b) 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.

8 CAR § 21-402 Nuisance species {#sec-8-car-21-402 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-402}

8 CAR § 21-402. Nuisance 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.

8 CAR § 21-403 Methods {#sec-8-car-21-403 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-403}

8 CAR § 21-403. Methods.

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 Division of Environmental Quality.

8 CAR § 21-404 Mixing zones {#sec-8-car-21-404 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-404}

8 CAR § 21-404. Mixing zones.

(a)(1) 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.

(2) Outfall structures should be designed to minimize the extent of mixing zones to ensure rapid and complete mixing.

(b)(1) For aquatic life toxic substances in larger streams (those with Q7-10 flows equal to or greater than one hundred cubic feet per second (≥100 cfs), the zone of mixing shall not exceed one-fourth (1/4) of the cross-sectional area and/or critical flow volume of the stream.

(2) The remaining three- fourths (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.

(3)(A) In the smaller streams (Q7-10 flows less than one hundred cubic feet per second (<100 cfs) because of varying local physical and chemical conditions and biological phenomena, a site-specific 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.

(B) As a guideline, no more than two-thirds (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 one-third (1/3) of the cross-sectional area free as a zone of passage.

(c) 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.

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

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

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

8 CAR § 21-405 Biological integrity {#sec-8-car-21-405 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-405}

8 CAR § 21-405. Biological integrity.

(a)(1) For all waters with specific aquatic life use designated in Appendix A, aquatic biota should not be impacted.

(2) Aquatic biota should be representative of streams that have the ability to support the designated aquatic life use, 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.

(b)(1)(A) 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.

(B) Such a comparison should consider the seasonal and natural variability of the aquatic biota community.

(2)(A) It is the responsibility of the Division of Environmental Quality to evaluate the data for an aquatic biota assessment to protect aquatic life uses designated in Appendix A.

(B) Such data may be used to develop permit effluent limitations or conditions.

8 CAR § 21-406 Color {#sec-8-car-21-406 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-406}

8 CAR § 21-406. Color.

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.

8 CAR § 21-407 Taste and odor {#sec-8-car-21-407 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-407}

8 CAR § 21-407. Taste 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.

8 CAR § 21-408 Solids, floating material, and deposits {#sec-8-car-21-408 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-408}

8 CAR § 21-408. Solids, 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.

8 CAR § 21-409 Toxic substances {#sec-8-car-21-409 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-409}

8 CAR § 21-409. Toxic 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.

8 CAR § 21-410 Oil and grease {#sec-8-car-21-410 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-410}

8 CAR § 21-410. Oil and grease.

Oil, grease, or petrochemical substances shall not be present in receiving waters to the extent that they:

(1) Produce globules, other residue, or any visible, colored film on the surface;

(2) Coat the banks and/or bottoms of the waterbody; or

(3) Adversely affect any of the aquatic biota.

Subpart 5

8 CAR § 21-501 Applicability {#sec-8-car-21-501 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-501}

8 CAR § 21-501. Applicability

(a)(1) Unless otherwise indicated in this subpart 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.

(2) Streams with regulated flow will be addressed on a case-by-case basis to maintain designated instream uses.

(b) These standards apply outside the applicable mixing zone.

(c) 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.

8 CAR § 21-502 Temperature {#sec-8-car-21-502 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-502}

8 CAR § 21-502. Temperature.

(a) 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.

(b) The following criteria are applicable:

(c) 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.

(d) Note. Site specific temperature criteria are located in Appendix A.

8 CAR § 21-503 Turbidity {#sec-8-car-21-503 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-503}

8 CAR § 21-503. Turbidity.

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

(b)(1) The values below should not be exceeded during base flow (June 1 through October 31) in more than twenty percent (20%) of samples.

(2) The values below should not be exceeded during storm flows in more than twenty-five percent (25%) of samples taken in no less than twenty-four (24) monthly samples.

8 CAR § 21-504 pH {#sec-8-car-21-504 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-504}

8 CAR § 21-504. pH.

(a) pH between 6.0 and 9.0 standard units are the applicable criteria for rivers, streams, lakes, and reservoirs.

(b) 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 twenty-four (24) hours.

8 CAR § 21-505 Dissolved oxygen {#sec-8-car-21-505 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-505}

8 CAR § 21-505. Dissolved oxygen.

(a) Rivers and streams.

(1) The following dissolved oxygen criteria are applicable:

(2)(A) In streams with watersheds of less than then ten square miles (<10 mi²), it is assumed that insufficient water exists to support aquatic life during the critical season.

(B) During this time, a dissolved oxygen criteria of two milligrams per liter (2 mg/L) will apply to prevent nuisance conditions.

(C)(i) However, field verification is required in areas suspected of having significant groundwater flows or enduring pools that may support unique aquatic biota.

(ii) In such waters the critical season criteria for the next size category of stream shall apply.

(3)(A) All streams with watersheds of less than ten square miles (<10 mi²) are expected to support aquatic life during the noncritical season when stream flows, including discharges, equal or greater than one cubic foot per second (1 cfs).

(B) However, when site verification indicates that aquatic life exists at flows below one cubic foot per second (1 cfs), such aquatic biota will be protected by the noncritical season standard (refer to the State of Arkansas Continuing Planning Process for field verification requirements).

(4) Also in streams with watersheds of less than ten square miles (<10 mi²), where waste discharges are one cubic foot per second (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.

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

(A)(i) The noncritical season dissolved oxygen standard is to be met at a water temperature of twenty-two degrees Celsius (22°C (seventy-one and six-tenths degrees Fahrenheit (71.6°F))) and at the minimum stream flow for that season.

(ii) At water temperatures of ten degrees Celsius (10°C (fifty degrees Fahrenheit (50°F))), the dissolved oxygen criteria is six and five-tenths milligrams per liter (6.5 mg/L).

(B) During March, April and May, when background stream flows are fifteen cubic feet per second (15 cfs) or higher, the dissolved oxygen standard is six and five-tenths milligrams per liter (6.5 mg/L) in all areas except the Mississippi Alluvial Plain Ecoregion, where the non-critical season dissolved oxygen criteria will remain at five milligrams per liter (5 mg/L).

(C)(i) The critical season dissolved oxygen standard is to be met at maximum allowable water temperatures and at Q7-10 flows.

(ii) However, when water temperatures exceed twenty-two degrees Celsius (22°C (seventy-one and six-tenths degrees Fahrenheit (71.6°F))), a one milligram per liter (1 mg/L) diurnal depression will be allowed below the applicable critical criteria for no more than eight (8) hours during any twenty-four-hour period.

(b) Lakes and reservoirs.

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

(2) Effluent limits for oxygen-demanding discharges into impounded waters are promulgated in Arkansas Pollution Control and Ecology Commission’s Rules for State Administration of the National Pollutant Discharge Elimination System (NPDES), 8 CAR pt. 25.

(3) 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.

8 CAR § 21-506 Radioactivity {#sec-8-car-21-506 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-506}

8 CAR § 21-506. Radioactivity.

(a) The Rules for the Control of Sources of Ionizing Radiation, 20 CAR pt. 3, of the Division of Radiological Health of the Department of Health limits the maximum permissible levels of radiation that may be present in effluents to surface waters in uncontrollable areas.

(b) These limits shall apply for the purposes of this part, 8 CAR pt. 21, except that in no case shall the levels of dissolved radium-226 and strontium-90 exceed three (3) and ten (10) picocuries per liter, respectively, in the receiving water after mixing, nor shall the gross beta concentration exceed one thousand (1000) picocuries per liter.

8 CAR § 21-507 Bacteria {#sec-8-car-21-507 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-507}

8 CAR § 21-507. Bacteria.

(a)(1) For the purposes of this part, all streams with watersheds less than ten square miles (10 mi²) shall not be designated for primary contact unless and until site verification indicates that such use is attainable.

(2) Secondary contact use is assumed in all watershed sizes.

(3) No mixing zones are allowed for discharges of bacteria.

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

(d) The 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.

History

Codification Notes: This section contains the following footnotes:Footnote 1 provides as follows: "April 1 to October 31."Footnote 2 provides as follows: "For assessment of Individual Sample Criteria– at least eight (8) data points."Footnote 3 provides as follows: "For calculation of Geometric Mean –all samples taken within a primary contact recreation season."Footnote 4 provides as follows: "Year-round." Authority: Arkansas Code § 8-4-202

8 CAR § 21-508 Toxic substances {#sec-8-car-21-508 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-508}

8 CAR § 21-508. Toxic substances.

(a)(1) 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 aquatic biota.

(2) 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.

(3) Chronic toxicity and chronic numeric toxicity standards apply at, or beyond, the edge of the mixing zone.

(b) Permitting of all toxic substances shall be in accordance with the toxic implementation strategy found in the State of Arkansas Continuing Planning Process.

(c) For nonpermit issues and as a guideline for evaluating toxic substances not listed in the following tables, the Division of Environmental Quality may consider No Observed Effect Concentrations or other literature values as appropriate.

(d) For the substances listed below, the following standards shall apply:

(e)(1) 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.

(2) Such guidance may include but may not be limited to Water Quality Standards (EPA-823-B-94-005, August, 1994); Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms (EPA-821-R-02- 012. 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.

(f) 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.

History

Codification Notes: This section contains the following footnotes:Footnote 5 provides as follows: "Total of all isomers."Footnote 6 provides as follows: "These values may be adjusted by a site specific Water Effects Ratio (WER) as defined in 40 C.F.R. § 131.36 (c)."Footnote 7 provides as follows: "Mercury based on bioaccumulation of residues in aquatic organisms."Footnote 8 provides as follows: "Expressed as total recoverable."Footnote 9 provides as follows: "Mercury based on bioaccumulation of residues in aquatic organisms."Footnote 10 provides as follows: "Criteria based on a lifetime risk factor of 10-5."Footnote 11 provides as follows: "Criteria based on a lifetime risk factor of 10-6 and cancer slope factor of 0.015 unless otherwise noted."Footnote 12 provides as follows: "The maximum contaminant level under the Safe Drinking Water Act, 42 U.S.C.§ 300f et seq."Footnote 13 provides as follows: "Total of all isomers."Footnote 14 provides as follows: "10000 ug/L is also represented as 10 mg/L, which is the maximum contaminant level under the Safe Drinking Water Act, 42 U.S.C. 300f et seq." Authority: Arkansas Code § 8-4-202

8 CAR § 21-509 Nutrients {#sec-8-car-21-509 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-509}

8 CAR § 21-509. Nutrients.

(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 or 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 Lake¹⁵ 8¹⁶ 1.1¹⁷

(c)(1) All point source discharges into the watershed of waters officially listed on Arkansas's impaired waterbody list (Section 303(d) of the Clean Water Act, 33 U.S.C. § 1313(d)) with phosphorus as the major cause shall have monthly average discharge permit limits no greater than those listed below.

(2) Additionally, waters in nutrient surplus watersheds as determined as set forth in Arkansas Code § 15-20-1104, and subsequently designated nutrient surplus watersheds may be included under this part if point source discharges are shown to provide a significant phosphorus contribution to waters within the listed nutrient surplus watersheds.

(3) For discharges from point sources which are greater than fifteen million gallons per day (>15 mgd), reduction of phosphorus below one milligram per liter (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.

History

Codification Notes: This section contains the following footnotes:Footnote 15 provides as follows: "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."Footnote 16 provides as follows: "Growing season geometric mean (May - October)."Footnote 17 provides as follows: "Annual Average." Authority: Arkansas Code § 8-4-202

8 CAR § 21-510 Oil and grease {#sec-8-car-21-510 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-510}

8 CAR § 21-510. Oil and grease.

(a) 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.

(b) Oil and grease shall be an average of no more than ten milligrams per liter (10 mg/L) or a maximum of no more than fifteen milligrams per liter (15 mg/L).

8 CAR § 21-511 Mineral quality {#sec-8-car-21-511 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-511}

8 CAR § 21-511. Mineral quality.

(a) Site specific mineral quality criteria.

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

(2) Site specific mineral quality criteria are found by ecoregion in Appendix A.

(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 one-third (1/3) higher than these values for chlorides (Cl-) and sulfates (SO42-) or more than fifteen milligrams per liter (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 8 CAR §§ 21-306 and 21-308 (previously 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 8 CAR §§ 21-306 and 21-308 (previously Rules 2.306 and 2.308). The values listed in the table below are not intended to be used by the Division of Environmental Quality to evaluate attainment of water quality standards for assessment purposes.

(c) Domestic water supply criteria. In no case shall discharges cause concentrations in any waterbody to exceed two hundred fifty milligrams per liter (250 mg/L), two hundred fifty milligrams per liter (250 mg/L), and five hundred milligrams per liter (500 mg/L) of chlorides, sulfates, and total dissolved solids, respectively, or cause concentrations to exceed the applicable criteria, except in accordance with 8 CAR §§ 21-306 and 21-308 (previously Rules 2.306 and 2.308).

8 CAR § 21-512 Ammonia {#sec-8-car-21-512 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-512}

8 CAR § 21-512. Ammonia.

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

(1) The one-hour average concentration of total ammonia nitrogen shall not exceed, more than once every three (3) years on the average, the acute criterion as shown in the following tables:

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

(3) The highest four-day average within a 30-day period should not exceed 2.5 times the chronic values shown above.

(b)(1) 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.

(2) Temperature values used will be fourteen degrees Celsius (14° C) when fish early life stages are absent and the ecoregion temperature standard for the season when fish early life stages are present.

(3) The pH values will be the ecoregion mean value from least-disturbed stream data.

History

Codification Notes: This section contains the following footnote:Footnote 18 provides as follows: "Family of fishes that includes trout." Authority: Arkansas Code § 8-4-202

Subpart 6

8 CAR § 21-601 Effective date {#sec-8-car-21-601 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-601}

8 CAR § 21-601. Effective date.

This part is effective ten (10) days after filing with the:

(1) Secretary of State;

(2) Arkansas State Library; and

(3) Bureau of Legislative Research.

8 CAR pt. 21, Appendix A Designated Uses, Specific Standards, and Maps of Waters of the State by Ecoregions {#sec-8-car-pt.-21-appendix-a omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR pt. 21, Appendix A}

A-1 ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION

8 CAR PT. 21

APPENDIX A

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

A-2 APPENDIX A: MAP OF ECOREGIONS OF ARKANSAS

Ozark Highlands A-3 Ouachita Mountains A-40 Boston Mountains A-18 South Central Plains A-51 Arkansas Valley A-29 Mississippi Alluvial Plain A-70

A-3 Index to Plates of the Ozark Highlands

A-4 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) 19 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 Rabbitsfoot, Snuffbox, Western Fanshell, Ouachita Kidneyshell, Purple Lilliput, Scaleshell, Elktoe, Ozark Pigtoe, Round Pigtoe, Lilliput, Rainbow, and Bleedingtooth mussels; Least Brook Lamprey, Mooneye, Ozark Shiner, Western Sand Darter, Slenderhead Darter, Gilt Darter, and Strawberry Darter (OH-3, OH-4) Little Strawberry River – location of Ozark Pigtoe, Round Pigtoe mussels; Ozark Shiner and Strawberry Darter (OH-3) Spring River – Curtis Pearlymussel, Western Fanshell, Rabbitsfoot, Scaleshell, Ohio Pigtoe, Ouachita Kidneyshell, Salamander mussel, Purple Lilliput, Bleedingtooth mussel, Rainbow, Fawnsfoot, Elktoe, Ozark Pigtoe, Hickorynut, Round Pigtoe, Snuffbox and Pink Mucket mussels; Ozark Hellbender; Least Brook Lamprey, Mooneye, Blue Sucker, Silver Redhorse, Pealip Redhorse, Western Sand Darter, Current Darter, Gilt Darter, Saddleback Darter, Slenderhead Darter, and Stargazing Darter (OH-4) Rock Creek – Round Pigtoe, Curtis Pearlymussel, Snuffbox and Pink Mucket mussels; and Ozark Hellbender (OH-4) Eleven Point River – location of American Eel, Current Darter, Gilt Darter, and Stargazing Darter; Western Fanshell, Pink Mucket, Ouachita Kidneyshell, Bleedingtooth mussel, Rainbow, Ozark Pigtoe, Round Pigtoe, and Pyramid Pigtoe; and Ozark hellbender (OH-4) Current River – location of Rabbitsfoot, Ouachita Kidneyshell, Western Fanshell, Elktoe, Ozark Pigtoe, Round Pigtoe, Flat Floater, and Pink Mucket mussels (OH-4) Illinois River – Neosho Mucket, Rabbitsfoot, Purple Lilliput, Ouachita Kidneyshell, Ellipse, Rainbow, Elktoe, Round Pigtoe; Redspot Chub, Highfin Carpsucker, Pealip Redhorse, Sunburst Darter, and Highland Darter (OH-1) Primary Contact Recreation - all streams with watersheds of greater than 10 mi 2 and all lakes/reservoirs 20

Secondary Contact Recreation - all waters 20

19 As designated in the National Wild and Scenic Rivers System. 20 Except for those waters with designated use variations supported by Use Attainability Analysis or other investigations.

A-5 Domestic, Industrial and Agricultural Water Supply - all waters 20

Aquatic Life 21

Trout Waters 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 mi 2 except as otherwise provided in 8 CAR § 21-505 Perennial Ozark Highlands aquatic life use - all streams with watersheds of 10 mi 2 and larger and those waters where discharges equal or exceed 1 cfs

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

Plate Map Inset Waterbody Variation Source Year OH-1 1 Railroad Hollow Creek No fishable/swimmable uses 3rd Party 1981 OH-1 2 Columbia Hollow Creek Seasonal aquatic life use March-June DEQ 1985 OH-1 6 Holman Creek from the confluence with Town Branch downstream to the confluence with War Eagle Creek No domestic water supply use 3 rd

Party 2020 OH-1 7 Town Branch from point of discharge of the City of Huntsville WWTP downstream to the confluence with Holman Creek No domestic water supply use 3 rd

Party 2020 OH-3 13 Moccasin Creek below Arkansas Highway 177 Perennial aquatic life use 3rd Party 1989 OH-4 19 Curia Creek below first waterfall Perennial aquatic life use DEQ 1985 OH-4 22 Stennitt Creek from Brushy Creek to Spring River No domestic water supply use 3 rd

Party 1999 OH-4 23 Brushy Creek – from Unnamed Tributary to Stennitt Creek No domestic water supply use 3 rd

Party 2020 OH-4 24 Unnamed Tributary – from Vulcan Outfall 001 to Brushy Creek No domestic water supply use 3 rd

Party 2020

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

A-6

SPECIFIC CRITERIA: OZARK HIGHLANDS ECOREGION (Plates OH-1, OH-2, OH-3, OH-4) Lakes and Streams Reservoirs Temperature ° C ( ° F) 22 29 (84.2) 32 (89.6) Trout Waters 20 (68) Turbidity (NTU) (base/storm) 10/17 25/45 Trout Waters 10/15

Dissolved Oxygen 23 Non-Critical Critical 5 <10 mi 2 watershed 6 2 10 to 100 mi 2 6 5

100 mi 2 watershed 6 6 Trout Waters 6 6

All other criteria (same as statewide)

22 Increase over natural temperatures may not be more than 2.8°C (5°F). 23 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.

A-7 Site Specific Criteria Variations Supported by Chemical and Biological Data Criteria with an asterisk (*) were developed using background flow of 4 cfs.

Plate Map Inset Waterbody Variation Source Year OH-1 1 Railroad Hollow Creek from headwaters to Spavinaw Creek Year-round DO 2 mg/L 3rd Party 1981 OH-1 3 SWEPCO Reservoir Maximum temperature 54 ° C (limitation of 2.8 ° C above natural temperature does not apply) 3rd Party 1984 OH-1 4 Illinois River Chloride 20 mg/L, sulfate, 20 mg/L, TDS 300 mg/L DEQ 1973 OH-1 5 White River (WHI0052 to Missouri state line, including Beaver Reservoir) Chloride 20 mg/L, sulfate 20 mg/L, TDS 160 mg/L DEQ 1973 OH-1 6 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 3 rd

Party 2020 OH-1 7 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 3 rd

Party 2020 OH-2 8 Kings River Chloride 20 mg/L, sulfate, 20 mg/L, TDS 150 mg/L DEQ 1973 OH-2 9 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 3 rd

Party 2017 OH- 2&3 10 Crooked Creek from DEQ Monitoring Station WHI0193 to mouth Chloride 20 mg/L, sulfate 20 mg/L, TDS 238 mg/L 3 rd

Party 2017 OH- 2&3 11 Buffalo River Chloride 20 mg/L, sulfate, 20 mg/L, TDS 200 mg/L DEQ 1973 OH-3 12 White River (Dam #3 to Missouri state line, including Bull Shoals Reservoir) Chloride 20 mg/L, sulfate 20 mg/L, TDS 180 mg/L DEQ 1973 OH-3 13 Moccasin Creek below Highway 177 Critical season DO 5mg/L 3rd Party 1989 OH- 3&4 14 White River (Mouth to Dam #3) Chloride 20 mg/L, sulfate 60 mg/L, TDS 430 mg/L DEQ 1973 OH- 3&4 15 Strawberry River Chloride 20 mg/L, sulfate 20 mg/L, TDS 270 mg/L DEQ 1975

A-8 Plate Map Inset Waterbody Variation Source Year OH- 3&4 16 South Fork Spring River Chloride 20 mg/L, sulfate 20 mg/L, TDS 270 mg/L DEQ 1975 OH- 3&4 17 Myatt Creek Chloride 20 mg/L, sulfate 20 mg/L, TDS 270 mg/L DEQ 1975 OH-4 18 Spring River Chloride 20 mg/L, sulfate 20 mg/L, TDS 290 mg/L DEQ 1975 OH-4 19 Curia Creek below first waterfall Critical season DO 6 mg/L DEQ 1985 OH-4 20 Big Creek Chloride 20 mg/L, sulfate 30 mg/L, TDS 270 mg/L DEQ 1975 OH-4 21 Eleven Point River Chloride 20 mg/L, sulfate 20 mg/L, TDS 270 mg/L DEQ 1975 OH-4 22 Stennitt Creek from Brushy Creek to Spring River Sulfate 43.3 mg/L, *TDS 456 mg/L 3 rd

Party 2020, 1999 OH-4 23 Brushy Creek – from Unnamed Tributary to Stennitt Creek Sulfate 126 mg/L, TDS 549 mg/L 3 rd

Party 2020 OH-4 24 Unnamed Tributary – from Vulcan Outfall 001 to Brushy Creek Sulfate 260 mg/L, TDS 725 mg/L 3 rd

Party 2020 OH-4 25 Current River Chloride 20 mg/L, sulfate 30 mg/L, TDS 270 mg/L DEQ 1975

A-9

A-10

A-11

A-12

A-13

Index to Plates of the Boston Mountains

A-14 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) 24

Hurricane Creek (BM-2) 24

Richland Creek (BM-2) 24

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; Western Fanshell, Rabbitsfoot, Bleedingtooth mussel, Purple Lilliput, Pyramid Pigtoe, Ouachita Kidneyshell, Sandbank Pocketbook, Rainbow, Pondhorn, Elktoe, Ozark Pigtoe, Round Pigtoe, Lilliput, and endangered Speckled Pocketbook mussels (except Devils Fork) (BM-2, BM-3) Foshee Cave - location of aquatic cave snail (BM-3) Upper White River - location of Autumn Darter, Highland Darter, and Longnose Darter; Ozark Pigtoe, and Purple Lilliput (BM-1) Primary Contact Recreation - all streams with watersheds of greater than 10 mi 2 and all lakes/reservoirs 25

Secondary Contact Recreation - all waters 25

Domestic, Industrial and Agricultural Water Supply - all waters 25

Aquatic Life 25

Trout Waters Little Red River below Greers Ferry Dam (BM-3) Lakes and Reservoirs – all

24 As designated in the National Wild and Scenic Rivers System. 25 Except for those waters with designated use variations supported by Use Attainability Analysis or other investigations.

A-15 Streams Seasonal Boston Mountain aquatic life- all waters with watersheds of less than 10 mi 2 except as otherwise provided in 8 CAR § 21-505 Perennial Boston Mountain aquatic life- all waters with 10 mi 2 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) Lakes and Streams Reservoirs Temperature ° C ( ° F) 26 31 (87.8) 32 (89.6) Trout Waters 20 (68) Turbidity (NTU) (base/storm) 10/19 25/45 Trout Waters 10/15

Dissolved Oxygen (mg/L) 27 Non-Critical Critical 5 <10 mi 2 watershed 6 2 10 mi 2 and greater 6 6 Trout Waters 6 6 All other criteria (same as statewide) Site Specific Criteria Variations Supported by Chemical and Biological Data

Plate Map Inset Waterbody Variation Source Year BM-1 1 Illinois River Chloride 20 mg/L, sulfate, 20 mg/L, TDS 300 mg/L DEQ 1973 BM-1 2 West Fork White River Chloride 20 mg/L, sulfate, 20 mg/L, TDS 180 mg/L DEQ 1975 BM-1 3 White River headwaters to Noland WWTP Chloride 20 mg/L, sulfate, 20 mg/L, TDS 160 mg/L DEQ 1973 BM-1 4 White River from Noland WWTP to 0.4 miles downstream (WR-02) Chloride 44 mg/L, sulfate 79 mg/L, TDS 362 mg/L 3 rd

Party 2018 BM-1 5 White River from WR-02 to WHI0052 Chloride 30 mg/L, sulfate 40 mg/L, TDS 237 mg/L 3 rd

Party 2018

26 Increase over natural temperatures may not be more than 2.8°C (5°F). 27 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.

A-16 Plate Map Inset Waterbody Variation Source Year BM-1 6 White River (WHI0052 to Missouri state line, including Beaver Reservoir) Chloride 20 mg/L, sulfate 20 mg/L, TDS 160 mg/L DEQ 1973 BM-1 7 Kings River Chloride 20 mg/L, sulfate, 20 mg/L, TDS 150 mg/L DEQ 1975 BM-2 8 Buffalo River Chloride 20 mg/L, sulfate, 20 mg/L, TDS 200 mg/L DEQ 1975

A-17

A-18

A-19

A-20 Index to Plates of the Arkansas Valley

A-21 DESIGNATED USES: ARKANSAS VALLEY ECOREGION (Plates AV-1, AV-2, AV-3) Extraordinary Resource Waters Cadron Creek including North Fork and East Fork (AV-2, AV-3) Mulberry River (AV-1) Big Creek adjacent to natural areas (AV-3) Natural and Scenic Waterway Mulberry River (AV-1) Ecologically Sensitive Waterbodies None Primary Contact Recreation - all streams with watersheds of greater than 10 mi 2 and all lakes/reservoirs 28

Secondary Contact Recreation - all waters 28

Domestic, Industrial and Agricultural Water Supply - all waters 28

Aquatic Life 28

Trout Waters Little Red River below Greers Ferry Dam to Searcy (AV-3) Lakes and Reservoirs - all Streams Seasonal Arkansas Valley aquatic life use - all streams with watersheds of less than 10 mi 2 except as otherwise provided in 8 CAR § 21-505 Perennial Arkansas Valley aquatic life - all streams with watersheds of 10 mi 2 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 Source Year AV-1 3&4 Poteau River from U.S. Business Highway 71 to Oklahoma state line No domestic water supply use 3rd Party 1995 AV-1 5 Unnamed tributary to Poteau River at Waldron No domestic water supply use 3rd Party 1995

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

A-22 SPECIFIC CRITERIA: ARKANSAS VALLEY ECOREGION (Plates AV-1, AV-2, AV-3) Lakes and Streams Reservoirs Temperature ° C ( ° F) 29 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

Dissolved Oxygen (mg/L) 30 Non-Critical Critical 5 <10 mi 2 watershed 5 2 10 to 150 mi 2 5 3 151 mi 2 to 400 mi 2 5 4

400 mi 2 watershed 5 5 Trout waters 6 6 All other criteria (same as statewide) Site Specific Criteria Variations Supported by Chemical and Biological Data

Plate Map Inset Waterbody Variation Source Year AV-1 1 Arkansas River (Dardanelle Lock and Dam [L&D #10] to Oklahoma state line, including Dardanelle Reservoir) Chlorides 250 mg/L, sulfates 120 mg/L, TDS 500 mg/L DEQ 31 1973, 1988 AV-1 2 James Fork Chlorides 20 mg/L, sulfates 100 mg/L, TDS 275 mg/L DEQ 31 1973, 1975 AV -1 3 Poteau River from Scott County Road 59 to Oklahoma state line Chlorides 120 mg/L, sulfates 60 mg/L, TDS 500 mg/L 3rd Party 1995 AV -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 3rd Party 2020 AV -1 5 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 3rd Party 2020

29 Increase over natural temperatures may not be more than 2.8°C (5°F). 30 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. 31 Cl, SO4 earlier date, TDS later date.

A-23 Plate Map Inset Waterbody Variation Source Year AV-2 6 Dardanelle Reservoir Maximum temperature 35°C (95°F) (limitation of 2.8°C above natural temperature does not apply) 3rd Party 1985 AV-2 7 Arkansas River (Murray Lock and Dam [L&D #7] to Dardanelle Lock and Dam [L&D #10]) Chlorides 250 mg/L, sulfates 100 mg/L, TDS 500 mg/L DEQ 32 1973, 1988 AV-2 8 Arkansas River (Mouth to Murray Lock and Dam [L&D #7]) Chlorides 250 mg/L, sulfates 100 mg/L, TDS 500 mg/L DEQ 32 1973, 1988 AV- 2&3 9 Cadron Creek Chlorides 20 mg/L, sulfates 20 mg/L, TDS 100 mg/L DEQ 33 1973, 1981 AV-3 10 Little Red River (including Greers Ferry Reservoir) Chlorides 20 mg/L, sulfates 30 mg/L, TDS 100 mg/L DEQ 32 1973, 1988

32 Cl, SO4 earlier date, TDS later date. 33 SO4 earlier date, Cl & TDS later date.

A-24

A-25

A-26

A-27 Index to Plates of the Ouachita Mountains

A-28 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) 34

Ecologically Sensitive Waterbodies Ouachita River above Lake Ouachita - location of Caddo Madtom, Ouachita Darter, Peppered Shiner, Kiamichi Shiner, Beaded Darter, Saddleback Darter, Stargazing Darter; Ouachita Kidneyshell, Ouachita Fanshell, Rabbitsfoot, Elktoe, Pondhorn, Pyramid Pigtoe, Purple Lilliput, Lilliput, and threatened Arkansas Fatmucket mussels (OM-1) South Fork Ouachita River - location of Ouachita Kidneyshell, Pondhorn, Purple Lilliput, Lilliput, Rainbow, Arkansas Fatmucket mussels; and Caddo Madtom (OM-1) Caddo River and all tributaries above DeGray Reservoir - location of endemic Paleback Darter, Caddo Madtom, Beaded Darter; Ouachita Kidneyshell, Slippershell, Southern Pocketbook, Elktoe, Purple Lilliput, Lilliput, and threatened Arkansas Fatmucket mussels (OM-1, OM-2) Mountain Fork River - location of threatened Leopard Darter and Ouachita Shiner; Ouachita Kidneyshell, Purple Lilliput, and Lilliput mussels (OM-1) Cossatot River above Gillham Reservoir - location of threatened Leopard Darter, Ouachita Shiner, and Brown Bullhead; Louisiana Pigtoe mussel (OM-1) Saline River including Alum, Middle, North and South Forks, and Ten Mile Creek - location of endemic Ouachita Madtom, Kiamichi Shiner (North and Alum Fork only), Brown Bullhead (Middle Fork only); Pink Mucket, Southern Pocketbook, Ouachita Kidneyshell, Ouachita Fanshell, Purple Lilliput, Lilliput, Elktoe, Pondhorn, and threatened Arkansas Fatmucket mussels (except South fork and Ten Mile Creek) (OM-2) Little Missouri River above Lake Greeson - location of Caddo Madtom and Elktoe mussel Mayberry Creek (tributary to Hallman's Creek) - location of Paleback Darter and Louisiana Pigtoe (OM-2) Robinson Creek - location of threatened Leopard Darter (OM-1) Primary Contact Recreation - all streams with watersheds of greater than 10 mi 2 and all lakes/reservoirs 35

Secondary Contact Recreation - all waters 36

Domestic, Industrial and Agricultural Water Supply - all waters 36

34 As designated in the National Wild and Scenic Rivers System 35 Except for those waters with designated use variations supported by Use Attainability Analysis or other investigations.

A-29 Aquatic Life 36

Trout Waters Upper Lake Hamilton from Blakely Mt. Dam to Hwy. 270 bridge (OM-2) Lakes and Reservoirs – all Streams Seasonal Ouachita Mountain Ecoregion aquatic life - all streams with watersheds of less than 10 mi 2

except as otherwise provided in 8 CAR § 21-505 Perennial Ouachita Mountain Ecoregion aquatic life - all streams with watershed of 10 mi 2 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 Source Year OM-1 4 Rolling Fork from unnamed tributary A at Grannis to DeQueen Reservoir No domestic water supply use 3rd Party 1995 OM-1 5 Unnamed tributaries A and A1 at Grannis No domestic water supply use 3rd Party 1995

A-30 SPECIFIC CRITERIA: OUACHITA MOUNTAIN ECOREGION (Plates OM-1, OM-2) Lakes and Streams Reservoirs Temperature ° C ( ° F) 36 30 (86) 32 (89.6) Trout Waters 20 (68) Turbidity (NTU) (base/storm) 10/18 25/45 Trout Waters 10/15

Dissolved Oxygen (mg/L) 37 Non-Critical Critical 5 <10 mi 2 watershed 6 2 10 mi 2 and greater 6 6 Trout Waters 6 6 All other criteria (same as statewide) Site Specific Criteria Variations Supported by Chemical and Biological Data

Plate Map Inset Waterbody Variation Source Year OM-1 1 Mountain Fork Chlorides 20 mg/L, sulfates 20 mg/L, TDS 100 mg/L DEQ 1973 OM-1 2 Barren Creek (AR_11140108_907) pH 5.5-8.5 su DEQ 2022 OM-1 3 Upper Rolling Fork Chlorides 20 mg/L, sulfates 20 mg/L, TDS 100 mg/L DEQ 38 1973, 1981 OM-1 4 Rolling Fork from unnamed tributary A to DeQueen Reservoir Chlorides 130 mg/L, sulfates 70 mg/L, TDS 670 mg/L 3rd Party 1995 OM-1 5 Unnamed tributaries A and A1 at Grannis Chlorides 135 mg/L, sulfates 70 mg/L, TDS 700 mg/L 3rd Party 1995 OM- 1&2 6 Ouachita River (Carpenter Dam to Headwaters, including Lake Ouachita tributaries) Chlorides 10 mg/L, sulfates 10 mg/L, TDS 100 mg/L DEQ 1975 OM-1 7 Prairie Creek: from headwaters to confluence with Briar Creek Critical season DO 4 mg/L 3rd Party 1985 OM-1 8 Cossatot River Chlorides 10 mg/L, sulfates 15 mg/L, TDS 70 mg/L DEQ 1981 OM-1 9 Irons Fork Creek (AR_08040101_838) pH 5.5-8.5 su DEQ 2022 OM-1 10 Short Creek (AR_11140109_719) pH 5.5-8.5 su DEQ 2022

36 Increase over natural temperatures may not be more than 2.8°C (5°F). 37 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. 38 SO4 earlier date, Cl & TDS later date.

A-31 Plate Map Inset Waterbody Variation Source Year OM-1 11 Caney Creek (AR_11140109_921) pH 5.5-8.5 su DEQ 2022 OM -1 12 Saline River (Red River Basin) Chlorides 20 mg/L, sulfates 10 mg/L, TDS 90 mg/L DEQ 1973 OM-1 12 Saline River (Red River Basin) (AR_11140109_014) Critical season DO 5 mg/L DEQ 2022 OM-1 13 Little Missouri River Chlorides 10 mg/L, sulfates 90 mg/L, TDS 180 mg/L DEQ 39 1975, 1995 OM-1 14 Muddy Fork Little Missouri River Sulfates 250 mg/L, TDS 500 mg/L DEQ 1998 OM-1 15 South Fork Ouachita River (AR_08040101_043) Critical season DO 5 mg/L, DEQ 2022 OM-1 16 South Fork Caddo River Sulfates 60 mg/L, TDS 128 mg/L 3rd Party 1995 OM-1 17 Back Valley Creek Sulfates 250 mg/L, TDS 500 mg/L 3rd Party 1995 OM-2 18 Dry Fork Creek (AR_11110206_914) pH 5.5-8.5 su DEQ 2022 OM-2 19 Alum Fork Saline River (AR_08040203_014) Critical season DO 5 mg/L DEQ 2022 OM-2 20 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 3rd Party 2012 OM-2 20 Wilson Creek downstream of UMETCO Outfall 001 to its mouth Chlorides 56 mg/L, sulfates 250 mg/L, TDS 500 mg/L 3rd Party 2012

39 Cl earlier date, SO4 & TDS later date.

A-32 Temporary Variations Supported by Environmental Improvement Project Plate Map Inset Waterbody Variation Source Year 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 40

3 rd

Party 2020 OM-2 2 Cove Creek from the confluence with Chamberlain Creek to the Ouachita River Sulfates 250 mg/L, TDS 500 mg/L 41

3 rd

Party 2020 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 41

3 rd

Party 2020 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 41

3 rd

Party 2020

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

A-33

A-34

A-35 Index to Plates of the South Central Plains

A-36 DESIGNATED USES: SOUTH CENTRAL PLAINS ECOREGION (Plates SCP-1, SCP-2, SCP-3, SCP-4) Extraordinary Resource Waters Saline River (SCP-3, SCP-4) Moro Creek - adjacent to natural area (SCP-2) Natural and Scenic Waterways Saline River from the Grant-Saline County line to mouth (SCP-3) Ecologically Sensitive Waterbodies Little River above Millwood Reservoir - location of Rocky Shiner, Bluehead Shiner, Western Starhead Topminnow; Rabbitsfoot, Texas Pigtoe, Pyramid Pigtoe, Louisiana Pigtoe, Round Pigtoe, Ouachita Kidneyshell, Fawnsfoot, Winged Mapleleaf, Southern Mapleleaf, Gulf Mapleleaf, Ouachita Rock Pocketbook, and Pink Mucket mussels (SCP-1) Grassy Lake and Yellow Creek below Millwood Reservoir - unique ecosystem and biota including but not limited to: Alligator Gar and Blackspot Shiner; Ouachita Rock Pocketbook and Louisiana Pigtoe mussels (SCP-1) Lower Little Missouri River - location of Peppered Shiner, and Longnose Darter, American Eel, Alabama Shad, Crystal Darter, Ouachita Darter, Saddleback Darter, and Stargazing Darter; Rabbitsfoot, Pink Mucket, Pyramid Pigtoe, Round Pigtoe, Ouachita Kidneyshell, Ouachita Fanshell, Southern Pocketbook, Purple Lilliput, Lilliput, and Elktoe mussels (SCP-2) Lower Saline River - location of Peppered Shiner, Crystal Darter, Goldstripe Darter,Western Sand Darter, Saddleback Darter, and Stargazing Darter; Rabbitsfoot, Winged Mapleleaf, Pink Mucket, Texas Pigtoe, Pyramid Pigtoe, Round Pigtoe, Ouachita Kidneyshell, Ouachita Fanshell, Southern Pocketbook, Purple Lilliput, Lilliput, Gulf Mapleleaf, Southern Mapleleaf, Elktoe, and Fawnsfoot mussels (SCP-3) Ouachita River near Arkadelphia - location of Rabbitsfoot, Arkansas Fatmucket, Lilliput, Pyramid Pigtoe, Round Pigtoe, Ouachita Kidneyshell, Ouachita Fanshell, Elktoe, Flat Floater, Ouachita Rock Pocketbook, and Pink Mucket mussels; American Eel, Alabama Shad, Crystal Darter, Saddleback Darter, and Stargazing Darter (SCP-4) Streams with Substantial Springwater Influence L'Eau Frais (SCP-4) Cypress Creek (SCP-4) East and West Fork Tulip Creeks (SCP-4) Others to be determined Primary Contact Recreation - all streams with watersheds greater than 10 mi² and all lakes/reservoirs 41

Secondary Contact Recreation - all waters 43

Domestic, Industrial, and Agricultural Water Supply - all waters 43

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

A-37 Aquatic Life 43

Trout Waters Little Missouri River from Narrows Dam to confluence with Muddy Fork (SCP-1) Lakes and Reservoirs - all Streams Seasonal South Central Plains aquatic life - all streams with watersheds of less than 10 mi2 except as otherwise provided in 8 CAR § 21-505 Perennial South Central Plains aquatic life - all streams with watersheds of 10 mi 2 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 Source Year SCP -1 2 Red River from Oklahoma state line to confluence with Little River No domestic water supply use 3rd Party 1994 SCP -1 4 Lick Creek Seasonal aquatic life use; no primary contact DEQ 1988 SCP -1 7 Red River from the mouth of the Little River to the Arkansas/Louisiana state line No domestic water supply use 3rd Party 2016 SCP -1 9 Bluff Creek and unnamed tributary No domestic water supply use 3rd Party 1998 SCP -1 10 Mine Creek from Highway 27 to Millwood Lake No domestic water supply use 3rd Party 1995 SCP -1 15 Caney Creek No domestic or industrial water supply use 3 rd

Party 1995 SCP -1 16 Bois d'Arc Creek from Caney Creek to Red River No domestic or industrial water supply use 3 rd

Party 1995 SCP -2 23&24 Dismukes Creek and Big Creek to Bayou Dorcheat No domestic water supply use 3 rd

Party 2002 SCP -2 25 Albemarle unnamed tributary (AUT) to Horsehead Creek No domestic water supply use 3 rd

Party 2002 SCP -2 26 Horsehead Creek from AUT to mouth No domestic water supply use 3 rd

Party 2002 SCP -2 29 Haynes Creek from mouth of Flat Creek to confluence with Smackover Creek No domestic water supply use 3 rd

Party 2008 SCP -2 30 Flat Creek from mouth of UTA to confluence with Haynes Creek No domestic water supply use 3 rd

Party 2008 SCP -2 31 Unnamed tributary A to Flat Creek from mouth of EDCC 001 ditch to confluence with Flat Creek No domestic water supply use 3 rd

Party 2007 SCP -2 32 Unnamed tributary to Flat Creek from EDCC Outfall 001 downstream to confluence with unnamed tributary A to Flat Creek No domestic water supply use 3 rd

Party 2007 SCP -2 34 Gum Creek No domestic water supply use 3 rd

Party 1998 SCP -2 44, 45, &48 Bayou de Loutre from mouth of UT004 to Louisiana state line No domestic water supply use 3 rd

Party 2008

A-38 Plate Map Inset Waterbody Variation Source Year SCP -2 38 Unnamed tributary 002 (UT002) No domestic water supply use 3 rd

Party 2007 SCP -2 39 Unnamed tributary 004 (UT004) No domestic water supply use 3 rd

Party 2007 SCP -2 40 Unnamed tributary 003 (UT003) No domestic water supply use 3 rd

Party 2007 SCP -2 41 Unnamed tributary to Little Cornie Bayou (UTLCB-2) No domestic water supply use 3 rd

Party 2007 SCP -2 42 Little Cornie Bayou from Walker Branch to Arkansas/Louisiana state line No domestic water supply use 3 rd

Party 1998 SCP -2 43 Walker Branch No domestic water supply use 3rd Party 1998 SCP -2 46&47 Loutre Creek Perennial aquatic life use, except seasonal from railroad bridge to mouth 3rd Party 1986 SCP -2 47 Loutre Creek from Highway 15 S. to the confluence of Bayou de Loutre No domestic water supply use 3 rd

Party 2008 SCP -2 49 Boggy Creek from the discharge from Clean Harbors El Dorado LCC downstream to the confluence of Bayou de Loutre No domestic water supply use 3rd Party 2007 SCP -2 51 Jug Creek Perennial aquatic life use 3rd Party 1987 SCP -3 55 Mossy Lake No fishable/swimmable or domestic water supply uses DEQ 1973 SCP -4 58 Town Creek below Acme tributary No domestic water supply use 3rd Party 1995 SCP -4 59 Unnamed tributary from Acme No domestic water supply use 3rd Party 1995 SCP -4 60 Dodson Creek Perennial aquatic life use DEQ 1986 SCP -4 62 Holly Creek No domestic water supply use 3rd Party 1988 SCP -4 65 Alcoa unnamed tributary to Hurricane Creek and Hurricane Creek No domestic water supply use 3rd Party 1998 SCP -4 67 Dry Lost Creek and tributaries No domestic water supply use 3rd Party 1998 SCP -4 69&70 Lost Creek No domestic water supply use 3rd Party 1998

A-39 SPECIFIC CRITERIA: SOUTH CENTRAL PLAINS ECOREGION (Plates SCP-1, SCP-2, SCP-3, SCP-4) Typical Lakes and Streams Reservoirs Temperature ° C ( ° F) 42 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) Turbidity (NTU) (base/storm) 21/32 25/45 Red River 50/150 Trout Waters 10/15 Dissolved Oxygen (mg/L) 43 Non-Critical Critical 5 <10 mi 2 watershed 5 2 10 mi 2

500 mi 2 5 3

500 mi 2 watershed 5 5 All sizes (springwater influenced) 6 5 Trout Waters 6 6

All other criteria (same as statewide)

Site Specific Criteria Variations Supported by Chemical and Biological Data Criteria with an asterisk (*) were developed using background flow of 4 cfs.

Plate Map Inset Waterbody Variation Source Year SCP -1 1 Little River from Oklahoma State line to Millwood Lake Chlorides 20 mg/L, sulfates 20 mg/L, TDS 100 mg/L DEQ 1973 SCP -1 2 Red River from Arkansas/Oklahoma state line to mouth of the Little River Chlorides 250 mg/L, sulfates 200 mg/L, TDS 850 mg/L DEQ, 3rd Party 1973, 1994 SCP -1 3 Cossatot River Chlorides 10 mg/L, sulfates 15 mg/L, TDS 70 mg/L DEQ 1981 SCP -1 4 Lick Creek - from headwaters to Millwood Reservoir Critical season DO 2 mg/L DEQ 1988 SCP -1 5 Saline River (Red River Basin) Chlorides 20 mg/L, sulfates 10 mg/L, TDS 90 mg/L DEQ 1973

42 Increase over natural temperatures may not be more than 2.8°C (5°F). 43 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.

A-40 Plate Map Inset Waterbody Variation Source Year SCP -1 6 Little River from Millwood Lake to the Red River Chlorides 20 mg/L, sulfates 20 mg/L, TDS 138 mg/L; temperature 32 ° C/89.6 ° F DEQ, 3rd Party 44 1973, 2016 SCP -1 7 Red River from mouth of the Little River to the Arkansas/Louisiana state line Chlorides 250 mg/L, sulfates 200 mg/L, TDS 780 mg/L DEQ, 3rd Party 45 1973, 2018 SCP -1 8 Muddy Fork Little Missouri River Sulfates 250 mg/L, TDS 500 mg/L 3rd Party 1998 SCP -1 9 Bluff Creek and unnamed tributary *Sulfates 651 mg/L, *TDS 1033 mg/L 3rd Party 1996 SCP -1 10 Mine Creek from Highway 27 to Millwood Lake Chlorides 90 mg/L, sulfates 65 mg/L, TDS 700 mg/L 3rd Party 1995 SCP -1 11 McKinney Bayou Chlorides 180 mg/L, sulfates 60 mg/L,TDS 480 mg/L DEQ 1973 SCP -1 12 Days Creek Chlorides 250 mg/L, sulfates 250 mg/L,TDS 500 mg/L DEQ 1991 SCP -1 13 Sulphur River Chlorides 120 mg/L, sulfates 100 mg/L,TDS 500 mg/L DEQ 1975 SCP -1 14 Kelley Bayou Chlorides 90 mg/L, sulfates 40 mg/L,TDS 500 mg/L DEQ 1973 SCP -1 15 Caney Creek *Chlorides 113 mg/L, *sulfates 283 mg/L, TDS 420 mg/L 3 rd

Party 1995 SCP -1 16 Bois d'Arc Creek from Caney Creek to Red River *Chlorides 113 mg/L, *sulfates 283 mg/L, *TDS 420 mg/L 3 rd

Party 1995 SCP -1 17 Posten Bayou Chlorides 120 mg/L, sulfates 40 mg/L, TDS 500 mg/L DEQ 1973 SCP -1 18 Bodcau Creek Chlorides 250 mg/L, sulfates 70 mg/L, TDS 500 mg/L DEQ 1973 SCP - 1&2 19 Little Missouri River Chlorides 10 mg/L, sulfates 90 mg/L, TDS 180 mg/L DEQ 1975 SCP -2 20 Garland Creek Chlorides 250 mg/L, sulfates 250 mg/L,TDS 500 mg/L 3rd Party 1985 SCP -2 21 Bayou Dorcheat Chlorides 100 mg/L, *sulfates 16 mg/L, TDS 250 mg/L DEQ 1981 SCP -2 22 Crooked Creek Chlorides 250 mg/L, sulfates 10 mg/L,TDS 500 mg/L DEQ 1973 SCP -2 23 Dismukes Creek *Chlorides 26 mg/L, *TDS 157 mg/L 3rd Party 2002 SCP -2 24 Big Creek from Dismukes to Bayou Dorcheat *Chlorides 20 mg/L, *TDS 200 mg/L 3rd Party 2002 SCP -2 25 Albemarle unnamed tributary (AUT) to Horsehead Creek *Chlorides 137 mg/L, *TDS 383 mg/L 3rd Party 2002

44 Cl earlier date, SO4 & TDS later date.

A-41 Plate Map Inset Waterbody Variation Source Year SCP -2 26 Horsehead Creek from AUT to mouth *Chlorides 85 mg/L, *TDS 260 mg/L 3rd Party 2002 SCP -2 27 Cypress Creek Chlorides 250 mg/L, sulfates 70 mg/L, TDS 500 mg/L DEQ 1973 SCP -2 28 Smackover Creek Chlorides 250 mg/L, sulfates 30 mg/L, TDS 500 mg/L DEQ 1973 SCP -2 33 Cornie Bayou Chlorides 230 mg/L, sulfates 30 mg/L, TDS 500 mg/L DEQ 1973 SCP -2 34 Gum Creek *Chlorides 104 mg/L, *TDS 311 mg/L 3rd Party 1998 SCP -2 35 Little Corney Bayou Chlorides 200 mg/L, sulfates 10 mg/L, TDS 400 mg/L DEQ 1973 SCP -2 36 Three Creeks Chlorides 250 mg/L, sulfates 10 mg/L, TDS 500 mg/L DEQ 1973 SCP - 2&4 37 Ouachita River (Camden to Carpenter Dam) Chlorides 50 mg/L, sulfates 40 mg/L, TDS 150 mg/L DEQ 1975 SCP -2 42 Little Cornie Bayou Chlorides 200 mg/L, sulfates 20 mg/L, TDS 500 mg/L DEQ 1973 SCP -2 43 Walker Branch Chlorides 180 mg/L, TDS 970 mg/L 3rd Party 1998 SCP -2 44 Bayou de Loutre above Gum Creek Chlorides 250 mg/L, sulfates 90 mg/L, TDS 500 mg/L 3rd Party 1996 SCP -2 45 Bayou de Loutre from AR0001171 outfall 001 to Loutre Creek Maximum water temperature 96°F 3rd Party 2002 SCP -2 46 Loutre Creek from headwaters to railroad bridge Critical season DO 3 mg/L, primary season DO 5 mg/L 3rd Party 1986 SCP -2 47 Loutre Creek from railroad bridge to mouth Critical season DO 2 mg/L 3rd Party 1986 SCP -2 48 Bayou de Loutre below Gum Creek Chlorides 250 mg/L, sulfates 90 mg/L, TDS 750 mg/L 3rd Party 1996 SCP -2 49 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 3rd Party 2007 SCP - 2&4 50 Moro Creek Chlorides 30 mg/L, sulfates 20 mg/L, TDS 260 mg/L DEQ 1973 SCP -2 51 Jug Creek - from headwaters to confluence with Moro Creek Critical season DO 3 mg/L 3rd Party 1987 SCP - 2&3 52 Ouachita River (Louisiana state line to Camden) Chlorides 160 mg/L, sulfates 40 mg/L, TDS 350 mg/L DEQ 1973 SCP - 2,3,&4 53 Saline River (Ouachita River Basin) Chlorides 20 mg/L, sulfates 40 mg/L, TDS 120 mg/L DEQ 1973 SCP -3 54 Mossy Lake Exempt from 8 CAR § 21- 406 and Subpart 5 DEQ 1973

A-42 Plate Map Inset Waterbody Variation Source Year SCP -3 56 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 3rd Party 1997 SCP -3 57 Chemin-A-Haut Creek Chlorides 50 mg/L, sulfates 20 mg/L, TDS 500 mg/L DEQ 1973 SCP -4 58 Town Creek below Acme tributary Sulfates 200 mg/L, TDS 700 mg/L 3rd Party 1995 SCP -4 59 Unnamed tributary from Acme Sulfates 330 mg/L, TDS 830 mg/L 3rd Party 1995 SCP -4 60 Dodson Creek - from headwaters to confluence with Saline River Critical season DO 3 mg/L DEQ 1986 SCP -4 61 Saline River east bifurcation at Holly Creek sulfate 250 mg/L, TDS 500 mg/L 3rd Party 1998 SCP -4 62 Holly Creek Chlorides 30 mg/L, sulfates 860 mg/L, TDS 1600 mg/L 3rd Party 1988 SCP -4 63 Hurricane Creek above Hurricane Lake Dam Chloride 20 mg/L, sulfate 250 mg/L, TDS 500 mg/L DEQ 1973 SCP -4 64 Hurricane Creek from Hurricane Lk. Dam to Ben Ball Bridge Chloride 125 mg/L, sulfate 730 mg/L, TDS 1210 mg/L 3rd Party 1998 SCP -4 65 Alcoa unnamed tributaries to Hurricane Creek and Hurricane Creek Chlorides 125 mg/L, sulfates 700 mg/L, TDS 1100 mg/L 3rd Party 1998 SCP -4 66 Hurricane Creek from Ben Ball Bridge to US Hwy.270 Chloride 125 mg/L, sulfate 700 mg/L, TDS 1200 mg/L 3rd Party 1998 SCP -4 67 Dry Lost Creek and tributaries sulfate 560 mg/L, TDS 880 mg/L 3rd Party 1998 SCP -4 68 Hurricane Creek from Hwy 270 to Saline River Chloride 100 mg/L, sulfate 500 mg/L, TDS 1000 mg/L 3rd Party 1998 SCP -4 69 Lost Creek to Little Lost Creek sulfate 510 mg/L, TDS 820 mg/L 3rd Party 1998 SCP -4 70 Lost Creek below Little Lost Creek sulfate 300 mg/L, TDS 550 mg/L 3rd Party 1998

A-43 Plate Map Inset Waterbody Variation Source Year SCP -4 71 Little Fourche Creek (Willow Springs Branch to Fourche Creek) TDS 179 mg/L 3rd Party 2014 SCP -4 72 Willow Springs Branch (McGeorge Creek to Little Fourche Creek) Sulfate 112 mg/L, TDS 247 mg/L 3rd Party 2014 SCP -4 73 McGeorge Creek (headwaters to Willow Springs Branch) Sulfate 250 mg/L, TDS 432 mg/L 3rd Party 2014 SCP -4 74 Bayou Bartholomew Chlorides 30 mg/L, sulfates 30 mg/L, TDS 220 mg/L DEQ 1973

Temporary Variations Supported by Environmental Improvement Project

Plate Map Inset Waterbody Variation Source Year SCP -4 1 Holly Creek Selenium chronic criteria 17 μg/L 3 rd

Party 2014 SCP -4 2 Reyburn Creek from headwaters to confluence of Francois Creek Sulfates 250 mg/L, TDS 500 mg/L 45

3 rd

Party 2020 SCP -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 46

3 rd

Party 2020

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

A-44

A-45

40 39 37 38

A-46

A-47

A-48 Index to Plates of the Mississippi Alluvial Plain

A-49 DESIGNATED USES: MISSISSIPPI ALLUVIAL PLAIN ECOREGION (Plates MAP-1, MAP -2, MAP -3, MAP -4, MAP -5) Extraordinary Resource Waters Second Creek (MAP -4) Cache River above Cache Bayou - adjacent to natural areas (MAP -3) Arkansas River below Norrell Lock and Dam (Dam #2) (MAP -5) Strawberry River (MAP -1) Two Prairie Bayou adjacent to natural areas (MAP -3) Natural and Scenic Waterways None Ecologically Sensitive Waterbodies Lower St. Francis River and lower 10 miles of Straight Slough - location of Pondhorn, Western Fanshell, Pink Heelsplitter, Fawnsfoot, Elktoe, Gulf Mapleleaf, Southern Mapleleaf, Round Pigtoe, Pyramid Pigtoe, Scaleshell, Hickorynut, Fat Pocketbook mussels (MAP -2, MAP -4) Right Hand Chute at confluence with St. Francis River - location of Fawnsfoot, Tapered Pondhorn, Scaleshell, Pyramid Pigtoe, and Fat Pocketbook mussels (MAP -2) Departee Creek - location of Flat Floater mussel (MAP -1) Black River at mouth of Spring River - location of Rabbitsfoot, Western Fanshell, Hickorynut, Round Pigtoe, Pyramid Pigtoe, Pink Mucket mussels; Lake Sturgeon and Sabine Shiner (MAP -1)

Channel-altered Mississippi Alluvial Plain 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 in-stream 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 mi 2 and all lakes/reservoirs 46

Secondary Contact Recreation - all waters 48

Domestic, Industrial and Agricultural Water Supply - all waters 48

Aquatic Life 48

Trout Waters - none Lakes and Reservoirs - all Streams Seasonal Mississippi Alluvial Plain aquatic life - all streams with watersheds of less than 10 mi 2

except as otherwise provided in 8 CAR § 21-505 Perennial Mississippi Alluvial Plain aquatic life - all streams with watersheds 10 mi 2 or larger and those waters where discharges equal or exceed 1cfs

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

A-50 Site Specific Designated Use Variation Supported by Use Attainability Analysis

Plate Map Inset Waterbody Variation Source Year MAP - 1 3 Curia Creek below first waterfall Perennial aquatic life use DEQ 1985 MAP - 1 6 Coon Creek and unnamed tributary from Frit Ind. No domestic water supply use 3rd Party 1996 MAP - 2 19 Ditch No. 27 No domestic water supply use 3rd Party 2006 MAP - 2 20 Ditch No. 6 No domestic water supply use 3rd Party 2006 MAP - 3 26 Rocky Branch Creek and Bayou Meto from Rocky Branch Creek to Bayou Two Prairie No domestic water supply use 3rd Party 2008 MAP - 3 70 Unnamed ditch to Little LaGrue Bayou Perennial aquatic life use DEQ 1986 MAP - 5 76 Little Lake Bayou Seasonal aquatic life use, no primary contact use DEQ 1986

SPECIFIC CRITERIA: MISSISSIPPI ALLUVIAL PLAIN ECOREGION (Plates MAP -1, MAP -2, MAP -3, MAP -4, MAP -5)

Least-Altered Channel-Altered Lakes and Streams Streams Reservoirs Temperature o C ( o F) 47 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 Dissolved Oxygen (mg/L) 48 Non-Critical Critical Non-Critical Critical 5 <10 mi 2 watershed 5 2 5 2 10 mi 2 to 100 mi 2 5 3 5 3

100 mi 2 watershed 5 5 5 5 All other criteria (same as statewide) Site Specific Criteria Variations Supported by Chemical and Biological Data Criteria with an asterisk (*) were developed using background flow of 4 cfs.

47 Increase over natural temperatures may not be more than 2.8°C (5°F). 48 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.

A-51

Plate Map Inset Waterbody Variation Source Year MAP- 1,3,4,&5 1 White River (Mouth to Dam #3) Chloride 20 mg/L, sulfate 60 mg/L, TDS 430 mg/L DEQ 1973 MAP- 1&2 2 Black River Chloride 20 mg/L, sulfate 30 mg/L, TDS 270 mg/L DEQ 1975 MAP -1 3 Curia Creek below first waterfall Critical season DO 6 mg/L DEQ 1985 MAP -1 4 Strawberry River Chloride 20 mg/L, sulfate 20 mg/L, TDS 270 mg/L DEQ 1975 MAP-1 5 Current River Chloride 20 mg/L, sulfate 30 mg/L, TDS 270 mg/L DEQ 1975 MAP -1 7 Unnamed tributary from Frit Ind., to Coon Creek *Sulfates 48 mg/L 3rd Party 1996 MAP- 1&3 8 Cache River Chloride 20 mg/L, sulfate 30 mg/L, TDS 270 mg/L DEQ 1981 MAP- 1&2 9 Lost Creek Ditch Chloride 20 mg/L, sulfate 30 mg/L, TDS 270 mg/L DEQ 1973 MAP -1 10 Unnamed tributary to Big Creek Chlorides 71 mg/L, sulfates 60 mg/L, TDS 453 mg/L 3rd Party 2011 MAP -1 11 Big Creek from Whistle Ditch to mouth of unnamed tributary Chloride 58 mg/L, sulfates 49 mg/L 3rd Party 2011 MAP -1 12 Bayou DeView from AR Hwy 14 to Whistle Ditch Chloride 48 mg/L, sulfates 38 mg/L, TDS 411.3 mg/L 3rd Party 2011 MAP - 1&3 13 Bayou DeView from mouth to AR Hwy 14 Chloride 48 mg/L, sulfates 37.3 mg/L, TDS 411.3 mg/L 3rd Party 2011 MAP- 1&4 14 L'Anguille River Chloride 20 mg/L, sulfate 30 mg/L, TDS 235 mg/L DEQ 1975 MAP-2 15 St. Francis River (36o N. Lat. to 36o 30' N. Lat.) Chloride 10 mg/L, sulfate 20 mg/L, TDS 180 mg/L DEQ 1973 MAP- 2&4 16 St. Francis River (Mouth to 36o N. Lat.) Chloride 10 mg/L, sulfate 30 mg/L, TDS 330 mg/L DEQ 1973 MAP-2 17 Little River Chloride 20 mg/L, sulfate 30 mg/L, TDS 365 mg/L DEQ 1973 MAP-2 18 Pemiscot Bayou Chloride 20 mg/L, sulfate 30 mg/L, TDS 380 mg/L DEQ 1973 MAP -2 19 Ditch No. 27 Sulfates 480 mg/L, TDS 1,200 mg/L, maximum water temperature 95 o F 3rd Party 2006 MAP -2 20 Ditch No. 6 from Ditch No. 27 confluence to its mouth Sulfates 210 mg/L, TDS 630 mg/L 3rd Party 2006 MAP -2 21 Tyronza River headwaters to Ditch No. 6 confluence Chlorides 20 mg/L, sulfates 30 mg/L, TDS 350 mg/L DEQ 1975 MAP - 2&4 22 Tyronza River from Ditch No. 6 confluence to its mouth Chlorides 20 mg/L, sulfates 60 mg/L, TDS 350 mg/L 3rd Party 2006 MAP - 2&4 23 Mississippi River (Arkansas River to Missouri state line) Chloride 60 mg/L, sulfate 175 mg/L, TDS 450 mg/L DEQ 1973 MAP -3 24 Arkansas River (Mouth to Murray Lock and Dam [L&D #7]) Chlorides 250 mg/L, sulfates 100 mg/L, TDS 500 mg/L DEQ 1973 MAP -3 25 Plum Bayou Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008

A-52 Plate Map Inset Waterbody Variation Source Year MAP -3 26 Rocky Branch Creek *Chlorides 64 mg/L 3rd Party 2008 MAP -3 27 Bayou Meto (Rocky Branch to Pulaski/Lonoke county line) *Chlorides 64 mg/L 3rd Party 2008 MAP -3 28 Indian Bayou Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 29 Snow Bayou Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 30 Bayou Meto from mouth to Pulaski/Lonoke county line Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 31 Bakers Bayou Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 32 Indian Bayou Ditch Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 33 Caney Creek Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 34 Caney Creek Ditch Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 35 Main Ditch Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 36 Flat Bayou Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 37 Salt Bayou Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 38 Crooked Creek Ditch Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 39 Bayou Two Prairie (Pulaski/ Lonoke county line to Northern boundary of Smoke Hole Natural Area) Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 40 Bayou Two Prairie (Southern boundary of Smoke Hole Natural Area to Mouth) Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 41 Brownsville Branch Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 42 Ricky Branch Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 43 White Oak Branch Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 44 Shumaker Branch Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 45 Fish Trap Slough Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 45 Skinner Branch Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 46 Eagle Branch Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 47 Big Ditch Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 49 Blue Point Ditch Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 49 Buffalo Slough Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008

A-53 Plate Map Inset Waterbody Variation Source Year MAP -3 50 Dennis Slough Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 51 Flynn Slough Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 52 Wabbaseka Bayou Chlorides 95 mg/L, sulfates 45mg/L 3rd Party 2008 MAP -3 53 Bradley Slough Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 54 Boggy Slough Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 55 Tupelo Bayou Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 56 Five Forks Bayou Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 57 Cross Bayou Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 58 Salt Bayou Ditch Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 59 Government Cypress Slough Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 60 Newton Bayou Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 61 West Bayou Chlorides 95 mg/L, sulfates 45mg/L 3rd Party 2008 MAP -3 62 Bubbling Slough Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 63 Tipton Ditch Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 64 Castor Bayou Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 65 Long Pond Slough Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 66 Brushy Slough Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 DMAP - 3 67 Little Bayou Meto Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 68 Hurricane Slough Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 69 Bear Bayou Chlorides 95 mg/L, sulfates 45 mg/L 3rd Party 2008 MAP -3 70 Unnamed ditch to Little LaGrue Bayou - from headwaters to confluence with Little LaGrue Bayou Critical season DO 3 mg/L DEQ 1986 MAP -3 71 Little Red River (including Greers Ferry Reservoir) Chlorides 20 mg/L, sulfates 30 mg/L, TDS 100 mg/L DEQ 49 1973, 1988 MAP-5 72 Overflow Creek Chloride 20 mg/L, sulfate 30 mg/L, TDS 170 mg/L DEQ 1973 MAP-5 73 Bayou Bartholomew Chloride 30 mg/L, sulfate 30 mg/L, TDS 220 mg/L DEQ 1973

49 Cl & TDS earlier date, SO4 later date.

A-54 Plate Map Inset Waterbody Variation Source Year MAP-5 74 Bayou Macon Chloride 30 mg/L, sulfate 40 mg/L, TDS 330 mg/L DEQ 1973 MAP-5 75 Boeuf River Chloride 90 mg/L, sulfate 30 mg/L, TDS 460 mg/L DEQ 1973 MAP -5 76 Little Lake Bayou Critical season DO 2 mg/L DEQ 1986 MAP -5 77 Mississippi River (Louisiana state line to Arkansas River) Chloride 60 mg/L, sulfate 150 mg/L, TDS 425 mg/L DEQ 1973

A-55

A-56

A-57

A-58

A-59

8 CAR pt. 21, Appendix B Environmental Improvement Project {#sec-8-car-pt.-21-appendix-b omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR pt. 21, Appendix B}

As Engrossed S2/21/97 HB1563 B-1 ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION 1 2 3 4 5 6 8 CAR PT. 21 7 APPENDIX B 8 9 10 Environmental Improvement Project 11 12 13 14

As Engrossed S2/21/97 HB1563 B-2 1 APPENDIX B: ENVIRONMENTAL IMPROVEMENT PROJECT 2 Stricken language would be deleted from present law. Underlined language would be added to present law 3 State of Arkansas As Engrossed: S2/21/97 4 81st General Assembly A Bill ACT 401 OF 1997 5 Regular Session, 1997 HOUSE BILL 1563 6 7 By: Representatives Sheppard, Wallis, Lancaster, Johnson, and Horn 8 By: Senator Mahony 9 10 For An Act To Be Entitled 11 "AN ACT TO ENCOURAGE LONG-TERM ENVIRONMENTAL PROJECTS; AND 12 FOR OTHER PURPOSES." 13 14 Subtitle 15 "AN ACT TO ENCOURAGE LONG-TERM 16 ENVIRONMENTAL PROJECTS." 17 18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 20 SECTION 1. Legislative Findings and Intent. 21 The General Assembly hereby finds that many areas of the state would benefit from long-22 term environmental remediation projects that significantly improve the effects caused by industrial 23 or extractive activities. However, commitments by private enterprise to remedy such damages are 24 discouraged by the prospect of civil liability based upon rigid application of state water quality 25 standards to the enterprises activities. The purpose of this act is to preserve the states approach to 26 establishing water quality standards, while also encouraging private enterprises to make significant 27 improvements to closed or abandoned sites that are of such magnitude that more than three (3) 28 years will be required to complete the project. 29 30 SECTION 2. Definitions and Applicability. 31 For the purposes of this act: 32 (1) "Long-term Improvement Project" or "Project" means any remediation or 33 reclamation project at closed or abandoned: 34 (A) Mineral Extraction Sites; 35 (B) Solid Waste Management Units as defined pursuant to the Arkansas 36 Hazardous Waste Management Act; 37 (C) Oil and Gas Extraction Sites; 38 (D) Brownfield Sites as defined in Act 125 of 1995 or as may be amended; and 39 (E) Hazardous Substance Sites listed on the National Priority List (42 U.S.C. 40 Section 9605), or State Priority List (Arkansas Code 8-7-509(e), or as may be amended. 41 (2) "Water Quality Standard" means standards developed through administrative 42 rulemaking by the Commission; 43 (3) "Commission" means the Arkansas Pollution Control and Ecology Commission; and 44 (4) "Department" means the Arkansas Department of Pollution Control and Ecology.45

As Engrossed S2/21/97 HB1563 B-3 SECTION 3. Procedures for approval of environmental projects, contents of 1 applications, and public notice. 2 (a) A petitioner seeking approval of a change in water quality standards to accommodate 3 a long-term environmental improvement project shall file with the Department a Notice of Intent, 4 which includes as a minimum: 5 (1) A description of the water body or stream segment affected by the project; 6 (2) The existing ambient water quality for the use of criteria at issue; 7 (3) The affected water quality standard; 8 (4) The modifications sought; 9 (5) The proposed remediation activities; 10 (6) A proposed Remediation Plan, which shall contain: 11 (A) A description of the existing conditions, including identification of the 12 conditions limiting the attainment of the water quality standards; 13 (B) A description of the proposed water quality standard modification, both 14 during and post project; 15 (C) A description of the proposed remediation plan; and 16 (D) The anticipated collateral effects, if any, of the Remediation Plan; and 17 (7) A schedule for implementing the Remediation Plan that ensures that the post 18 project water quality standards are met as soon as reasonably practicable. 19 (b) The department shall cause notice of the proposed project and associated water quality 20 standard changes described in subsection (a) to be published for public notice and comment in the 21 same manner as provided for permit applications in Arkansas Code 8-4-203(b), and shall advise 22 the public that the details of the proposed project are available for public review. 23 (c) After considering comments from the public, the department shall notify the petitioner 24 as to whether the proposed project is approved or denied. The department may deny approval of 25 a project if it reasonably concludes that the plan is not complete, the plan is not technically sound, 26 the schedule is unrealistic, the plan will not have an overall beneficial effect for the environment, 27 or other appropriate reasons. Any department determination on the approval or denial of a project 28 is subject to the appeal procedures applicable to permitting decisions set out in Arkansas Code 8-29 4-205. 30 (d) Upon approval of the project for further development, the petitioner shall prepare 31 documentation required for third-party rulemaking by Arkansas Code 8-4-202 and established in 32 administrative procedures. 33 34 SECTION 4. Modification of Water Quality Standards. 35 (a) The commission may approve a modification where the water quality standard is not 36 being maintained due to conditions which may, in part or in whole, be corrected through the 37 implementation of long-term measures. The commission shall establish such subcategory of use 38 and modify such general and specific standards as it deems appropriate to reflect such modification 39 while ensuring that the fishable/swimmable use is maintained. In all water quality standard 40 changes associated with long-term environmental projects, the remedial action plan described in 41 subsection (a) of Section 3 of this act shall be incorporated by reference in the statement of basis 42 and purpose of the rule and shall be considered an essential condition of the modified water quality 43 standard. 44 (b) Once the commission approves a water quality standard modification, the department 45 shall ensure that conditions and limitations designed to achieve compliance with the plan are 46

As Engrossed S2/21/97 HB1563 B-4 established in applicable discharge permits, consent administrative orders, or such other 1 enforcement measures deemed appropriate by the department. The department may allow 2 modifications by the petitioner to the remediation plan and schedule as is deemed appropriate, 3 provided that any such modifications to the original remedial action plan shall not render the 4 project significantly less protective of the applicable use subcategory. Should the department find 5 that the petitioner is not acting in good faith to complete the project in accordance with the 6 approved plan, applicable and appropriate enforcement authority may be exercised subject to 7 appeal to the commission. 8 (c) The department or the petitioner shall report annually to the commission on the 9 progress of the project. 10 11 SECTION 5. Project Completion. 12 At the end of the project the post project water quality standards shall be in full force and 13 effect. 14 15 SECTION 6.All provisions of this act of a general and permanent nature are amendatory 16 to the Arkansas Code of 1987 Annotated and the Arkansas Code Revision Commission shall 17 incorporate the same in the Code. 18 19 SECTION 7. If any provision of this act or the application thereof to any person or 20 circumstance is held invalid, such invalidity shall not affect other provisions or applications of the 21 act which can be given effect without the invalid provision or application, and to this end the 22 provisions of this act are declared to be severable. 23 24 SECTION 8. All laws and parts of laws in conflict with this act are hereby repealed. 25 26 27 28 /s/Sheppard et al 29 APPROVED: 3-07-97 30 31

8 CAR pt. 21, Appendix C Scientific Names of Aquatic Biota {#sec-8-car-pt.-21-appendix-c omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR pt. 21, Appendix C}

C-1

ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION

8 CAR PT. 21 APPENDIX C

Scientific Names of Aquatic Biota

C-2

APPENDIX C: SCIENTIFIC NAMES OF AQUATIC BIOTA Common Name Species Family Alabama Shad Alosa alabamae Clupeidae Alligator Gar Atractosteus spatula Lepisosteidae Arkansas Darter Etheostoma cragini Percidae Arkansas Fatmucket Lampsilis powelli Unionidae American Eel Anguilla rostrate Anguillidae Autumn Darter Etheostoma autumnale Percidae Banded Sculpin Uranidea carolinae Cottidae Banded Pygmy Sunfish Elassoma zonatum Elassomatidae Beaded Darter Etheostoma Clinton Percidae Bigeye Shiner Notropis boops Cyprinidae Black Redhorse Moxostoma duquesnei Catostomidae Blackside Darter Percina maculata Percidae Blackspot Shiner Notropis atrocaudalis Cyprinidae Blacktail Redhorse Moxostoma poecilurum Catostomidae Blacktail Shiner Cyprinella venusta Cyprinidae Bleeding Shiner Luxilus zonatus Cyprinidae Bleedingtooth Mussel Venustaconcha pleasii Unionidae Bluegill Lepomis macrochirus Centrarchidae Bluehead Shiner Pteronotropis hubbsi Cyprinidae Blue Sucker Cycleptus elongates Catostomidae Bluntnose Minnow Pimephales notatus Cyprinidae Bluntnose Darter Etheostoma chlorosoma Percidae Brown Bullhead Ameiurus nebulosus Ictaluridae Caddo Madtom Noturus taylori Ictaluridae Cardinal Shiner Luxilus cardinalus Cyprinidae Common Carp Cyprinus carpio Cyprinidae Channel Catfish Ictalurus punctatus Ictaluridae Curtis Pearlymussel Epioblasma curtisi Unionidae Crystal Darter Crystallaria asprella Percidae Western creek Chubsucker Erimyzon claviformes Catostomidae Creole Darter Etheostoma collettei Percidae Current Darter Etheostoma uniporum Percidae Elktoe Alasmidonta marginata Unionidae Ellipse Venustaconcha ellipsiformis Unionidae Fat Pocketbook Potamilus capax Unionidae Fawnsfoot Truncilla donaciformis Unionidae Flat Floater Utterbackia suborbiculata Unionidae Freshwater Drum Aplodinotus grunniens Sciaenidae Dusky Darter Percina sciera Percidae Duskystripe Shiner Luxilus pilsbryi Cyprinidae

C-3 Common Name Species Family Emerald Shiner Notropis atherinoides Cyprinidae Fantail Darter Etheostoma flabellare Percidae Fawnsfoot Truncilla donaciformis Unionidae Flier Centrarchus macropterus Centrarchidae Freckled Madtom Noturus nocturnus Ictaluridae Gilt Darter Percina evides Percidae Gizzard Shad Dorosoma cepedianum Clupeidae Golden Redhorse Moxostoma erythrurum Catostomidae Goldstripe Darter Etheostoma parvipinne Percidae Gravel Chub Erimystax x-punctatus Cyprinidae Green Sunfish Lepomis cyanellus Centrarchidae Greenside Darter Etheostoma blennioides Percidae Gulf Mapleleaf Quadrula nobilis Unionidae Hickorynut Obovaria olivaria Unionidae Highfin Carpsucker Carpiodes velifer Catastomidae Highland Darter Etheostoma teddyroosevelt Percidae Kiamichi Shiner Notropis ortenburgeri Cyprinidae Lake Sturgeon Acipenser fulvescens Acipenseridae Largemouth Bass Micropterus salmoides Centrarchidae Least Brook Lamprey Ichthyomyzon gagei Petromyzontidae Least Darter Etheostoma microperca Percidae Leopard Darter Percina pantherina Percidae Lilliput Toxolasma parvum Unionidae Longear Sunfish Lepomis megalotis Centrarchidae Longnose Darter Percina nasuta Percidae Louisiana Pearlshell Margaritifera hembeli Margaritiferidae Louisiana Pigtoe Pleurobema riddellii Unionidae Madtoms Noturus sp. Ictaluridae Mooneye Hiodon tergisus Hiodontidae Mosquitofish Gambusia affinis Poeciliidae Neosho Mucket Lampsilis rafinesqueana Unionidae Northern Hogsucker Hypentelium nigricans Catostomidae Northern Studfish Fundulus catenatus Fundulidae Ohio Pigtoe Pleurobema cordatum Unionidae

Orangebelly Darter Etheostoma radiosum Percidae Ouachita Darter Percina brucethompsoni Percidae Ouachita Fanshell Cyprogenia cf. aberti Unionidae Ouachita Kidneyshell Ptychobranchus accidentalis Unionidae Ouachita Madtom Noturus lachneri Ictaluridae Ouachita Rock Pocketbook Arcidens wheeleri Unionidae Ouachita Mountain Shiner Lythrurus snelsoni Cyprinidae Ozark Darter Etheostoma sp. cf. spectabile Percidae Ozark Cavefish Troglichthys rosae Amblyopsidae

C-4 Common Name Species Family Ozark Hellbender Cryptobranchus alleganiensis bishopi Cryptobranchidae Ozark Madtom Noturus albater Ictaluridae Ozark Minnow Notropis nubilus Cyprinidae Ozark Pigtoe Fusconaia ozarkensis Unionidae Ozark Shiner Notropis ozarcanus Cyprinidae Paddlefish Polyodon spathula Polyodontidae Paleback Darter Etheostoma pallididorsum Percidae Pealip Redhorse Moxostoma pisolabrum Catostomidae Peppered Shiner Notropis perpallidus Cyprinidae Pink Heelsplitter Potamilus alatus Unionidae Pink Mucket Lampsilis abrupta Unionidae Pirate Perch Aphredoderus sayanus Aphredoderidae Pondhorn Uniomerus tetralasmus Unionidae Pugnose Minnow Opsopoeodus emiliae Cyprinidae Purple Lilliput Toxolasma lividus Unionidae Pyramid Pigtoe Pleurobema rubrum Unionidae Rabbitsfoot Theliderma cylindrical Unionidea Rainbow Villosa iris Unionidae Rainbow Darter Etheostoma caeruleum Percidae Redfin Darter Etheostoma whipplei Percidae Redfin Pickerel Esox americanus Esocidae Redfin Shiner Lythrurus umbratilis Cyprinidae Redspot Chub Nocomis asper Cyprinidae Ribbon Shiner Lythrurus fumeus Cyprinidae "Rock basses" Ambloplites sp. Centrarchidae Rocky Shiner Notropis suttkusi Cyprinidae Round Pigtoe Pleurobema sintoxia Unionidae Sabine Shiner Notropis sabinae Cyprinidae Saddleback Darter Percina vigil Percidae Salamander Mussel Simpsonaias ambigua Unionidae Scaleshell Leptodea lelptodon Unionidae Scaly sand Darter Ammocrypta vivax Percidae Shadow Bass Ambloplites ariommus Centrarchidae Shoal Chub Macrhybopsis hyostoma Cyprinidae Silver Redhorse Moxostoma anisurum Catostomidae Slippershell Mussel Alasmidonta viridis Unionidae Slenderhead Darter Percina phoxocephala Percidae Slender Madtom Noturus exilis Ictaluridae Slough Darter Etheostoma gracile Percidae Smallmouth Bass Micropterus dolomieu Centrarchidae Smallmouth Buffalo Ictiobus bubalus Catostomidae Snuffbox Epioblasma triquetra Unionidae Southern Cavefishes Typhlichthys sp. Amblyopsidae Southern Hickorynut Obovaria jacksoniana Unionidae

C-5 Common Name Species Family Southern Mapleleaf Quadrula apiculate Unionidae Southern Pocketbook Lampsilis ornata Unionidae Southern Redbelly Dace Chrosomus erythrogaster Cyprinidae Speckled Pocketbook Lampsilis streckeri Unionidae Spectaclecase Margaritifera monodonta Margaritiferidae Spotted Bass Micropterus punctulatus Centrarchidae Spotted Sucker Minytrema melanops Catostomidae Sunburst Darter Etheostoma mihileze Percidae RedSspotted Sunfish Lepomis miniatus Centrarchidae Round Pigtoe Peurobema sintoxia Unionidae Spotted Gar Lepisosteus oculatus Lepisosteidae Stargazing Darter Percina uranidiea Percidae Strawberry River Darter Etheostoma fragi Percidae Striped Shiner Luxilus chrysocephalus Cyprinidae Tadpole Madtom Noturus gyrinus Ictaluridae Tapered Pondhorn Uniomerus declivis Unionidae Texas Pigtoe Pleurobema riddellii Unionidae Warmouth Lepomis gulosus Centrarchidae Wedgespot Shiner Notropis greenei Cyprinidae Western Fanshell Cyprogenia aberti Unionidae Western Sand Darter Ammocrypta vivax Percidae Western Starhead Topminnow Fundulus blairae Fundulidae Winged Mapleleaf Quadrula fragosa Unionidae Whitetail Shiner Cyprinella galactura Cyprinidae Yellow Bullhead Ameiurus natalis Ictaluridae Yellowcheek Darter Nothonotus moorei Percidae

8 CAR pt. 21, Appendix D List of Current Extraordinary Resource Waters, Ecologically Sensitive Waterbodies, and Natural and Scenic Waterways {#sec-8-car-pt.-21-appendix-d omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR pt. 21, Appendix D}

D-1 ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION

8 CAR PT. 21

APPENDIX D

List of Current Extraordinary Resource Waters, Ecologically Sensitive Waterbodies, and Natural and Scenic Waterways

D-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 Mississippi Alluvial Plain MAP-5 Beech Creek Boston Mountains BM-3 Big Creek Arkansas Valley AV-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 Mississippi Alluvial Plain MAP-3 Caddo River Ouachita Mountains OM-1, OM-2 Cadron Creek Arkansas Valley AV-2, AV-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 Valley AV-2, AV-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

D-3 Middle Fork Saline River Ouachita Mountains OM-2 Moro Creek South Central Plains SCP-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 Valley AV-2, AV-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 South Central Plains SCP-2, SCP-3 Saline River Ouachita Mountains OM-2 Second Creek Mississippi Alluvial Plain MAP-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 Mississippi Alluvial Plain MAP-1 Strawberry River Ozark Highlands OH-3, OH-4 Tomahawk Creek Boston Mountains BM-3 Turkey Creek Boston Mountains BM-3 Two Bayou Prairie Mississippi Alluvial Plain MAP-3

Natural and Scenic Waterways

Stream Name Ecoregion Plate Big Piney Creek Boston Mountains BM-2 50

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 40

Kings River Boston Mountains BM-1 Kings River Ozark Highlands OH-2 Little Missouri River Ouachita Mountains OM-1 Mulberry River Arkansas River Valley AV-1 Mulberry River Boston Mountains BM-1, BM-2 North Sylamore Creek Ozark Highlands OH-3 40

Richland Creek Boston Mountains BM-2 40

Saline River South Central Plains SCP-3 Strawberry River Ozark Highlands OH-3, OH-4

50 As designated in the National Wild and Scenic Rivers System

D-4

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 Mississippi Alluvial Plain MAP-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 Mississippi Alluvial Plain MAP-1 Devils Fork Little Red River Boston Mountains BM-3 Eleven Point River Ozark Highlands OH-4 Grassy Lake South Central Plains SCP-1 Illinois River Ozark Highlands OH-1 Little Missouri River Ouachita Mountains OM-1 Little Raccoon Creek Boston Mountains BM-3 Little River South Central Plains SCP-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 South Central Plains SCP-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 South Central Plains SCP-2, SCP-4 Polk Creek Ouachita Mountains OM-1 Robinson Creek Ouachita Mountains OM-1 St. Francis River Mississippi Alluvial Plain MAP-4 Saline River Ouachita Mountains OM-2 Saline River South Central Plains SCP-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 Mississippi Alluvial Plain MAP-2

D-5 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 Mississippi Alluvial Plain MAP-2, MAP-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 South Central Plains SCP-1

8 CAR pt. 21, Appendix E Criteria to be Considered {#sec-8-car-pt.-21-appendix-e omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR pt. 21, Appendix E}

E-1 ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION

8 CAR PT. 21

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

E-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;

E-3 (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 man- made 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.

8 CAR pt. 21, Appendix F Factors Considered {#sec-8-car-pt.-21-appendix-f omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR pt. 21, Appendix F}

F-1

ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION

8 CAR PT. 21

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

F-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.

8 CAR Part 21 — Rule Establishing Water Quality Standards for Surface Waters of the State of Arkansas

Chapter I

Subchapter C

Subpart 1

8 CAR § 21-101 Authority {#sec-8-car-21-101 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-101}

8 CAR § 21-102 Purpose {#sec-8-car-21-102 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-102}

8 CAR § 21-103 Arkansas Pollution Control and Ecology Commission review {#sec-8-car-21-103 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-103}

8 CAR § 21-104 Policy for compliance {#sec-8-car-21-104 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-104}

8 CAR § 21-105 Environmental improvement projects {#sec-8-car-21-105 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-105}

8 CAR § 21-106 Definitions {#sec-8-car-21-106 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-106}

Subpart 2

8 CAR § 21-201 Existing uses {#sec-8-car-21-201 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-201}

8 CAR § 21-202 High quality waters {#sec-8-car-21-202 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-202}

8 CAR § 21-203 Outstanding resource waters {#sec-8-car-21-203 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-203}

8 CAR § 21-204 Thermal discharges {#sec-8-car-21-204 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-204}

Subpart 3

8 CAR § 21-301 Introduction {#sec-8-car-21-301 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-301}

8 CAR § 21-302 Designated uses {#sec-8-car-21-302 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-302}

8 CAR § 21-303 Use attainability analysis {#sec-8-car-21-303 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-303}

8 CAR § 21-304 Physical alteration of habitat {#sec-8-car-21-304 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-304}

8 CAR § 21-305 Short term activity authorization {#sec-8-car-21-305 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-305}

8 CAR § 21-307 Use subcategories {#sec-8-car-21-307 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-307}

8 CAR § 21-308 Site-specific criteria {#sec-8-car-21-308 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-308}

8 CAR § 21-309 Water quality standards temporary variance {#sec-8-car-21-309 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-309}

8 CAR § 21-311 Procedure 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 {#sec-8-car-21-311 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-311}

Subpart 4

8 CAR § 21-401 Applicability {#sec-8-car-21-401 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-401}

8 CAR § 21-402 Nuisance species {#sec-8-car-21-402 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-402}

8 CAR § 21-403 Methods {#sec-8-car-21-403 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-403}

8 CAR § 21-404 Mixing zones {#sec-8-car-21-404 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-404}

8 CAR § 21-405 Biological integrity {#sec-8-car-21-405 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-405}

8 CAR § 21-406 Color {#sec-8-car-21-406 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-406}

8 CAR § 21-407 Taste and odor {#sec-8-car-21-407 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-407}

8 CAR § 21-408 Solids, floating material, and deposits {#sec-8-car-21-408 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-408}

8 CAR § 21-409 Toxic substances {#sec-8-car-21-409 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-409}

8 CAR § 21-410 Oil and grease {#sec-8-car-21-410 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-410}

Subpart 5

8 CAR § 21-501 Applicability {#sec-8-car-21-501 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-501}

8 CAR § 21-502 Temperature {#sec-8-car-21-502 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-502}

8 CAR § 21-503 Turbidity {#sec-8-car-21-503 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-503}

8 CAR § 21-504 pH {#sec-8-car-21-504 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-504}

8 CAR § 21-505 Dissolved oxygen {#sec-8-car-21-505 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-505}

8 CAR § 21-506 Radioactivity {#sec-8-car-21-506 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-506}

8 CAR § 21-507 Bacteria {#sec-8-car-21-507 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-507}

8 CAR § 21-508 Toxic substances {#sec-8-car-21-508 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-508}

8 CAR § 21-509 Nutrients {#sec-8-car-21-509 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-509}

8 CAR § 21-510 Oil and grease {#sec-8-car-21-510 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-510}

8 CAR § 21-511 Mineral quality {#sec-8-car-21-511 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-511}

8 CAR § 21-512 Ammonia {#sec-8-car-21-512 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-512}

Subpart 6

8 CAR § 21-601 Effective date {#sec-8-car-21-601 omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR § 21-601}

8 CAR pt. 21, Appendix A Designated Uses, Specific Standards, and Maps of Waters of the State by Ecoregions {#sec-8-car-pt.-21-appendix-a omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR pt. 21, Appendix A}

8 CAR pt. 21, Appendix B Environmental Improvement Project {#sec-8-car-pt.-21-appendix-b omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR pt. 21, Appendix B}

8 CAR pt. 21, Appendix C Scientific Names of Aquatic Biota {#sec-8-car-pt.-21-appendix-c omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR pt. 21, Appendix C}

8 CAR pt. 21, Appendix D List of Current Extraordinary Resource Waters, Ecologically Sensitive Waterbodies, and Natural and Scenic Waterways {#sec-8-car-pt.-21-appendix-d omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR pt. 21, Appendix D}

8 CAR pt. 21, Appendix E Criteria to be Considered {#sec-8-car-pt.-21-appendix-e omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR pt. 21, Appendix E}

8 CAR pt. 21, Appendix F Factors Considered {#sec-8-car-pt.-21-appendix-f omnilex-key=us-ar-regs-official--title-8-part-21--8 CAR pt. 21, Appendix F}

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