118.01.22 Ark. Code R. 002

Current through Register Vol. 49, No. 10, October, 2024

Rule 118.01.22-002 - Rule 2, Rule Establishing Water Quality Standards for Surface Waters of the State of Arkansas

CHAPTER 1:AUTHORITY, GENERAL PRINCIPLES, AND COVERAGE

Rule 2.101Authority

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

Rule 2.102Purpose

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

Rule 2.103Commission Review

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

Rule 2.104Policy for Compliance

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

Rule 2.105Environmental Improvement Projects

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

Rule 2.106Definitions

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

Abatement: The reduction in degree or intensity of pollution.

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

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

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

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

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

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

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

Commission: The Arkansas Pollution Control and Ecology Commission.

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

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

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

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

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

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

For minerals - harmonic mean flow, except as follows:

Rule 2.511(A)* Site Specific Mineral Criteria listed with an asterisk- 4 cubic feet per second.

Rule 2.511(C)* Domestic Water Supply: Q7-10; and

For metals and conventional pollutants - Q7-10.

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

Cumulative: Increasing by successive additions.

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

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

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

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

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

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

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

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

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

Endemic: Native to and confined to a specific region.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Intrastate: Existing or occurring within a state.

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

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

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

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

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

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

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

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

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

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

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

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

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

Persistent: Degraded only slowly by the environment.

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

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

Point source: A discharge from a discrete point.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER 2:ANTIDEGRADATION POLICY

Rule 2.201Existing Uses

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

Rule 2.202High Quality Waters

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

Rule 2.203Outstanding Resource Waters

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

Rule 2.204Thermal Discharges

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

CHAPTER 3:WATERBODY USES

Rule 2.301Introduction

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

Rule 2.302Designated Uses

The designated uses are defined as follows:

(A) Extraordinary Resource Waters - This beneficial use is a combination of the chemical, physical and biological characteristics of a waterbody and its watershed that is characterized by scenic beauty, aesthetics, scientific values, broad scope recreation potential and intangible social values. (For specific listings, refer to Appendices A and D)

(B) Ecologically Sensitive Waterbody - This beneficial use identifies segments known to provide habitat within the existing range of threatened, endangered or endemic species of aquatic or semi-aquatic life forms. (For specific listings, refer to Appendices A and D)

(C) Natural and Scenic Waterways - This beneficial use identifies segments that have been legislatively adopted into a state or federal system. (For specific listings, refer to Appendices A and D)

(D) Primary Contact Recreation - This beneficial use designates waters where full body contact is involved. Any streams with watersheds of greater than 10 mi² are 2 designated for full body contact. All streams with watersheds less than 10 mi²may be designated for primary contact recreation after site verification.

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

(F) Aquatic Life - This beneficial use provides for the protection and propagation of fish, shellfish and other forms of aquatic biota. It is further subdivided into the following subcategories:

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

(2)Lakes and Reservoirs - Water that is suitable for the protection and propagation of fish and other forms of aquatic biota adapted to impounded waters. Generally characterized by a dominance of sunfishes such as bluegill or similar species, black basses and crappie. May include substantial populations of catfishes such as channel, blue and flathead catfish and commercial fishes including carp, buffalo and suckers. Forage fishes are normally shad or various species of minnows. Unique populations of walleye, striped bass and/or trout may also exist.

(3)Streams - Water that is suitable for the protection and propagation of fish and other forms of aquatic biota adapted to flowing water systems whether or not the flow is perennial.

(a)Ozark Highlands Ecoregion - Streams supporting diverse communities of indigenous or adapted species of fish and other forms of aquatic biota. Fish communities are characterized by a preponderance of sensitive species and normally dominated by a diverse minnow community followed by sunfishes and darters. The community may be generally characterized by the following fishes:

Key Species	Indicator Species
Duskystripe, Bleeding or Cardinal shiner	Banded sculpin
Northern hogsucker	Ozark madtom
Slender madtom	Southern redbelly dace
"Rock" basses	Whitetail shiner
Rainbow and/or Orangethroat darters	Ozark minnow
Smallmouth bass

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

Key Species	Indicator Species
Bigeye shiner	Shadow bass
Black redhorse	Wedgespot shiner
Slender madtom	Longnose darter
Longear sunfish	Fantail darter
Greenside darter
Smallmouth bass

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

Key Species	Indicator Species
Bluntnose minnow	Orangespotted sunfish
Golden redhorse	Blackside darter
Yellow bullhead	Madtoms
Longear sunfish
Redfin darter
Spotted bass

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

Key Species	Indicator Species
Bigeye shiner	Shadow bass
Northern hogsucker	Gravel chub
Freckled madtom	Northern studfish
Longear sunfish	Striped shiner
Orangebelly darter
Smallmouth bass

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

Key Species	Indicator Species
Redfin shiner	Pirate perch
Spotted sucker	Flier
Yellow bullhead	Spotted sunfish
Warmouth	Dusky darter
Slough darter	Creek chubsucker
Redfin pickerel	Banded pygmy sunfish

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

Key Species	Indicator Species
Redfin shiner	Pirate perch
Blacktail redhorse	Golden redhorse
Freckled madtom	Spotted bass
Longear sunfish	Scaly sand darter
Creole darter	Striped shiner
Redfin pickerel	Banded pygmy sunfish

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

Key Species	Indicator Species
Ribbon shiner	Pugnose minnow
Smallmouth buffalo	Mosquitofish
Yellow bullhead	Pirate perch
Bluegill	Tadpole madtom
Bluntnose darter	Banded pygmy sunfish
Largemouth bass

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

Key Species	Indicator Species
Blacktail shiner	Mosquitofish
Drum	Gizzard shad
Carp	Emerald shiner
Channel catfish
Green sunfish
Spotted gar

(G) Domestic Water Supply - This beneficial use designates water that will be protected for use in public and private water supplies. Conditioning or treatment may be necessary prior to use.

(H) Industrial Water Supply - This beneficial use designates water that will be protected for use as process or cooling water. Quality criteria may vary with the specific type of process involved and the water supply may require prior treatment or conditioning.

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

(J) Other Uses - This category of beneficial use is generally used to designate uses not dependent upon water quality, such as hydroelectric power generation and navigation.

Rule 2.303Use Attainability Analysis

(A) A use attainability analysis must be conducted to justify the following conditions:

(1) Removing a fishable/swimmable designated use, which is not an existing use, from a waterbody; or

(2) To identify a subcategory of a fishable/swimmable use that requires less stringent criteria.

(B) In order to remove a designated fishable/swimmable use, which is not an existing use, or identify subcategories of a fishable/swimmable use that require less stringent criteria, it must be demonstrated that the designated use is not attainable because:

(1) naturally occurring pollutant concentrations prevent the attainment of the use; or

(2) natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating State water conservation requirements to enable uses to be met; or

(3) human caused conditions or sources of pollution prevent attainment of the use and cannot be remedied or would cause more environmental damage to correct than leave in place; or

(4) dams, diversions or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate such modification in a way that would result in the attainment of the use; or

(5) physical conditions related to the natural features of a water body, such as lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life protection uses; or

(6) controls more stringent than those required by Section 301(b) and 306 of the Clean Water Act would result in substantial and widespread economic and social impact.

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

Rule 2.304Physical Alteration of Habitat

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

Rule 2.305Short Term Activity Authorization

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

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

(A) wastewater treatment facility maintenance;

(B) fish eradication projects;

(C) mosquito abatement projects;

(D) algae and weed control projects;

(E) dredge and fill projects;

(F) construction activities; or

(G) activities which result in overall enhancement or maintenance of beneficial uses.

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

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

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

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

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

(A) Technological or economic limits of treatability.

(B) Economic analysis of the impact on the local area.

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

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

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

Rule 2.307Use Subcategories

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

Rule 2.308Site Specific Criteria

In establishing criteria:

(A) Establish numerical criteria values based on:

(1) 304(a) Guidance; or

(2) 304(a) Guidance modified to reflect site conditions (i.e., Water Effects Ratio); or

(3) Other scientifically defensible methods.

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

Rule 2.309Water Quality Standards Temporary Variance

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

Rule 2.310Procedure for the Removal of the Designated Use of Extraordinary Resource Water, or Ecologically Sensitive Waterbody, or Natural and Scenic Waterway for the Purpose of Constructing a Reservoir on a Free Flowing Waterbody to Provide a Domestic Water Supply.

(A) An Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway designated use may be removed from a free flowing waterbody for the purpose of constructing a reservoir to provide a domestic water supply, if it can be demonstrated that:

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

(2) there is no feasible alternative to constructing a reservoir in order to meet the domestic water needs of the citizens of the State of Arkansas.

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

(B) A petition to initiate rulemaking to remove an Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway designated use from a free flowing waterbody in order to construct a reservoir to provide a domestic water supply may be submitted to the Commission by a regional water distribution district, public facilities board, public water authority, or other public entity engaged in providing water to the public. Such petition, at a minimum, shall include:

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

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

(3) A certification that the proposed structure to impound the free flowing stream shall be funded and constructed solely for the purpose of providing a domestic water supply;

(4) An evaluation of all alternatives to the proposed project, including:

(i) an environmental assessment of the impacts of each alternative on the instream and downstream water quality, the instream habitat, and the habitat and plant and animal life in the area upstream, downstream, and to be inundated by the proposed project;

(ii) the costs associated with, and an economic analysis for, each alternative;

(iii) an engineering analysis for each alternative; and

(iv) a socio-economic evaluation of the project to the local area and to the State as a whole; and

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

(6) A recommendation to the Commission from the Director on whether or not the designated use should be maintained based upon a review of the information and supporting documentation required to be considered in Appendix E. The Director shall provide the petitioner with the Director's recommendation within 180 days of the Division's receipt of the petitioner's Appendix E submittal. If the Director does not deliver a recommendation to the petitioner within the 180 day time period, the petitioner may file its petition under this section without including a recommendation from the Director. The Director may submit a recommendation to the Commission at any time not less than 30 days prior to the Commission's final decision on the petition.

(7) A description of any proposed mechanisms for protecting the domestic water supply, including but not limited to prohibitions to be placed on commercial and residential development along the proposed shoreline of the impoundment, the controls to be placed on public access to the water supply, and the legal authority for establishing and maintaining these domestic water supply protections; and

(8) Any other submittals required by Rule 8 for a petition to initiate rulemaking.

(C) The Commission, as part of its rulemaking decision, shall determine whether or not a feasible alternative to constructing a reservoir is available to meet the domestic water needs of the citizens of the State of Arkansas. The Commission shall set forth the reasons for its determination in writing. The designated use of Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway shall not be removed by the Commission if a feasible alternative to constructing a reservoir is available to meet the domestic water needs of the citizens of the State of Arkansas.

(D) The Commission, as part of its rulemaking, shall determine whether or not the sole purpose for the funding and construction of the reservoir is to provide a domestic water supply. The Commission shall set forth the reasons for its determination in writing. The designated use of Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway shall not be removed by the Commission if the purpose for the funding and construction of the reservoir is other than to provide a domestic water supply. In no circumstance, shall the designated use of Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway be removed by the Commission from a free flowing waterbody in order to construct a reservoir for recreational, flood control, or economic purposes other than providing a domestic water supply.

(E) The Commission, as part of its rulemaking decision, shall determine whether or not the designated use of Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway of a given waterbody should be maintained. The Commission shall set forth the reasons for its determination in writing, after considering the Director's recommendation referenced in Subsection (B)(6) of this section and reviewing the information and supporting documentation which address the criteria set forth in Appendix E.

Rule 2.311Procedure for the Addition of the Designated Use of Extraordinary Resource Water, or Ecologically Sensitive Waterbody, or Natural and Scenic Waterway to a Waterbody or Segment of a Waterbody.

(A) Any waters of the State may be nominated for designation as an Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway by submitting a petition to initiate rulemaking to the Arkansas Pollution Control and Ecology Commission. Such petition shall include, at a minimum, the following:

(1) Name of petitioner;

(2) Petitioner's mailing address and telephone number;

(3) Name and location description of the waterbody or segment proposed for designation;

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

(5) Petitioner's interest in the proposed action;

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

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

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

(9) Recommended language change necessary to affect this proposed change to any Commission rule; and

(10) Any other submittals required by Rule 8 for a petition to initiate rulemaking.

(B) The Commission, as part of its rulemaking, shall set forth in writing the reasons for its final decision.

CHAPTER 4:GENERAL STANDARDS

Rule 2.401Applicability

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

Rule 2.402Nuisance Species

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

Rule 2.403Methods

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

Rule 2.404Mixing Zones

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

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

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

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

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

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

Rule 2.405Biological Integrity

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

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

Rule 2.406Color

True color shall not be increased in any waters to the extent that it will interfere with present or projected future uses of these waters.

Rule 2.407Taste and Odor

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

Rule 2.408Solids, Floating Material and Deposits

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

Rule 2.409Toxic Substances

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

Rule 2.410Oil and Grease

CHAPTER 5:SPECIFIC STANDARDS

Rule 2.501Applicability

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

Rule 2.502Temperature

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

The following criteria are applicable:

Waterbodies	Criteria °C (°F)
Streams
Ozark Highlands	29 (84.2)
Boston Mountains	31 (87.8)
Arkansas River Valley	31 (87.8)
Ouachita Mountains	30 (86.0)
Springwater-influenced Gulf Coastal	30 (86.0)
Typical Gulf Coastal	30 (86.0)
Least-Altered Delta	30 (86.0)
Channel-Altered Delta	32 (89.6)
White River (Dam #1 to mouth)	32 (89.6)
St. Francis River	32 (89.6)
Mississippi River	32 (89.6)
Arkansas River	32 (89.6)
Ouachita River (L. Missouri R.to Louisiana state line)	32 (89.6)
Red River	32 (89.6)
Lakes and Reservoirs	32 (89.6)
Trout Waters	20 (68.0)

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

Rule 2.503Turbidity

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

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

Waterbodies	Base Flows Values (NTU)	Storm Flows Values (NTU)
Streams
Ozark Highlands	10	17
Boston Mountains	10	19
Arkansas River Valley	21	40
Ouachita Mountains	10	18
Springwater-influenced Gulf Coastal	21	32
Typical Gulf Coastal	21	32
Least-Altered Delta	45	84
Channel-Altered Delta	75	250
Arkansas River	50	52
Mississippi River	50	75
Red River	50	150
St. Francis River	75	100
Trout Waters	10	15
Lakes and Reservoirs	25	45

Rule 2.504pH

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

Rule 2.505Dissolved Oxygen

Rivers and Streams

The following dissolved oxygen criteria are applicable:

Waterbodies Streams	Criteria (mg/L)
Waterbodies Streams	Primary	Critical
Ozark Highlands <10 mi² watershed	6	2
10 to 100 mi²	6	5
>100 mi² watershed	6	6
Boston Mountains <10 mi² watershed	6	2
>10 mi² watershed	6	6
Arkansas River Valley <10 mi² watershed	5	2
10 mi² to 150 mi²	5	3
151 mi² to 400 mi²	5	4
>400 mi² watershed	5	5
Ouachita Mountains <10 mi² watershed	6	2
>10 mi² watershed	6	6
Typical Gulf Coastal <10 mi² watershed	5	2
10 mi² to 500 mi²	5	3
>500 mi² watershed	5	5
Springwater-influenced Gulf Coastal All size watersheds	6	5
Delta (least-altered and channel altered) <10 mi² watershed	5	2
10 mi² to 100 mi²	5	3
>100 mi² watershed	5	5
Trout Waters All size watersheds	6	6

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

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

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

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

(A) The primary season dissolved oxygen standard is to be met at a water temperature of 22°C (71.5°F) and at the minimum stream flow for that season. At water temperatures of 10°C (50°F), the dissolved oxygen criteria is 6.5 mg/L.

(B) During March, April and May, when background stream flows are 15 cfs or higher, the dissolved oxygen standard is 6.5 mg/L in all areas except the Delta Ecoregion, where the primary season dissolved oxygen criteria will remain at 5 mg/L.

(C) The critical season dissolved oxygen standard is to be met at maximum allowable water temperatures and at Q7-10 flows. However, when water temperatures exceed 22°C (71.6°F), a 1 mg/L diurnal depression will be allowed below the applicable critical criteria for no more than 8 hours during any 24-hour period.

Lakes and Reservoirs

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

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

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

Rule 2.506Radioactivity

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

Rule 2.507Bacteria

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

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

The following criteria are applicable:

Contact Recreation Seasons Primary Contact¹	Criteria (col/100mL)
	E. coli		Fecal Coliform
	IS³	GM⁴	IS³	GM⁴
ERW, ESW, NSW, Reservoirs, Lakes	298	126	400	200
All Other Waters Secondary Contact⁵	410	-	400	200
ERW, ESW, NSW, Reservoirs, Lakes	1490	630	2000	1000
All Other Waters	2050	-	2000	1000

¹ May 1 to September 30

² (RESERVED)

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

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

⁵ Year-round.

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

Rule 2.508Toxic Substances

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

ALL WATERBODIES - AQUATIC LIFE CRITERIA
Substance	Acute Values (µg/L)	Chronic Values (µg/L)(24-hr Average)
PCBs	0.0140
Aldrin	3.0
Dieldrin	2.5	0.0019
DDT (& metabolites)	1.1	0.0010
Endrin*	0.18	0.0023
Toxaphene	0.73	0.0002
Chlordane	2.4	0.0043
Endosulfan*	0.22	0.056
Heptachlor	0.52	0.0038
Hexachlorocyclohexane*	2.0	0.080
Pentachlorophenol	e^{[1.005(pH)-4.869]}	e^{[1.005(pH)-5.134]}
Chlorpyrifos	0.083	0.041
* Total of all isomers

DISSOLVED METALS *

Acute Criteria (CMC) - µg/L(ppb)			Chronic Criteria (CCC) - ug/L(ppb)
Substance	Formula X Conversion		Formula X Conversion
Cadmium	e^{[1.128(lnhardness)]-3.828}	(a)	e^{[0.7852(lnhardness)]-3.490}	(c)
Chromium(III)	e^{[0.819(lnhardness)]+3.688}	0.316	e^{[0.8190(lnhardness)]+1.561}	0.860
Chromium (VI)	16	0.982	11	0.962
Copper	e^{[0.9422(lnhardness)]-1.464}	0.960	e^{[0.8545(lnhardness)]-1.465}	0.960
Lead	e^{[1.273(lnhardness)]-1.460}	(b)	e^{[1.273(lnhardness)]-4.705}	(b)
Mercury[DOUBLE DAGGER]	2.4	0.85	0.012**	NONE
Nickel	e^{[0.8460(lnhardness)]+3.3612}	0.998	e^{[0.8460(lnhardness)]+1.1645}	0.997
Selenium**	20	NONE	5	NONE
Silver	e^{[1.72(lnhardness)]-6.52}	0.85	-------------	NONE
Zinc	e^{[0.8473(lnhardness)]+0.8604}	0.978	e^{[0.8473(lnhardness)]+0.7614}	0.986
Cyanide**	22.36	NONE	5.2	NONE

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

(a) Calculated as: 1.136672 - [(ln hardness)(0.041838)]

(b) Calculated as: 1.46203 - [(ln hardness)(0.145712)]

(c) Calculated as: 1.101672 - [(ln hardness)(0.041838)]

**Expressed as total recoverable.

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

ALL WATERBODIES - HUMAN HEALTH CRITERIA

Substance	Criteria (ng/L)*
Dioxin (2,3,7,8 TCDD)	0.001
Chlordane	5.0
PCBs (polychlorinated biphenyls)	0.4
alpha Hexachlorocyclohexane	37.3
Beryllium	4000**
Dieldrin	1.2
Toxaphene	6.3

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

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

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

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

Rule 2.509Nutrients

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

(B)Site Specific Nutrient Criteria

Lake	Chlorophyll a (ug/L)**	Secchi Transparency (m)***
Beaver Lake*	8	1.1

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

**Growing season geometric mean (May - October)

***Annual Average

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

Facility Design Flow - mgd	Total Phosphorus discharge limit - mg/L
= or > 15	Case by case
3 to <15	1.0
1 to <3	2.0
0.5 to <1.0	5.0
<0.5	Case by Case

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

Rule 2.510Oil and Grease

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

Rule 2.511Mineral Quality

(A) Site Specific Mineral Quality Criteria

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

The following criteria apply to the streams indicated.

Stream	Concentration-mg/L
Stream	Chlorides (Cl¯)	Sulfates (SO₄^2-)	TDS
Arkansas River Basin
Arkansas River (Mouth to Murray Lock and Dam [L&D #7])	250	100	500
Bayou Meto (Rocky Branch to Pulaski/Lonoke county line)	64*	ER	ER
Bayou Meto (Pulaski/Lonoke county line to mouth)	95**	45**	ER
Bayou Two Prairie (Pulaski/Lonoke county line to Northern boundary of Smoke Hole Natural Area)	95**	45**	ER
Bayou Two Prairie (Southern boundary of Smoke Hole Natural Area to Mouth)	95**	45**	ER
Rocky Branch Creek	64*	ER	ER
Little Fourche Creek (Willow Springs Branch to Fourche Creek)	E R	ER	179
Willow Springs Branch (McGeorge Creek to Little Fourche Creek)	ER	112	247
McGeorge Creek (headwaters to Willow Springs Branch)	ER	250	432
Arkansas River (Murray Lock and Dam [L&D #7] to Dardanelle Lock and Dam [L&D #10])	250	100	500
Cadron Creek	20	20	100
Arkansas River (Dardanelle Lock and Dam [L&D #10] to Oklahoma state line, including Dardanelle Reservoir)	250	120	500
James Fork	20	100	275
Illinois River	20	20	300
Poteau River from Scott County Road 59 to Oklahoma state line	120	60	500
Poteau River from confluence of Unnamed trib to	185	200	786
Scott County Road 59 Unnamed trib from Tyson-Waldron Outfall 001 to confluence with the Poteau River	180	200	870
White River Basin
White River (Mouth to Dam #3)	20	60	430
Big Creek	20	30	270
Unnamed trib from Frit Ind.	ER	48*	ER
Cache River	20	30	270
Bayou DeView (from Mouth to AR Hwy 14)	48	37.3	411.3
Bayou DeView (from AR Hwy 14 to Whistle Ditch)	48	38	411.3
Big Creek (from Whistle Ditch to mouth of Unnamed trib)	58	49	ER
Unnamed trib to Big Creek	71	60	453
Lost Creek Ditch	20	30	270
Little Red River (including Greers Ferry Reservoir)	20	30	100
Black River	20	30	270
Strawberry River	20	30	270
Spring River	20	30	290
Eleven Point River	20	30	270
Stennitt Creek from Brushy Creek to Spring River	ER	43.3	456*
Brushy Creek from Unnamed Tributary to	ER	126	549
Stennitt Creek
Unnamed Tributary from Vulcan Outfall	ER	260	725
001 to Brushy Creek
South Fork Spring River	20	30	270
Myatt Creek	20	30	270
Current River	20	30	270
White River (Dam #3 to Missouri state line, including Bull
Shoals Reservoir)	20	20	180
Buffalo River	20	20	200
Crooked Creek (Harrison WWTP outfall to Monitoring	22.6	24.4	269
Station WHI0193)
Crooked Creek (Monitoring Station WHI0193 to the	20	20	238
mouth)
White River (WHI0052 to Missouri state line, including	20	20	160
Beaver Reservoir)
Kings River	20	20	150
Holman Creek from the confluence with Town	180	48	621
Branch downstream to the confluence with War
Eagle Creek
Town Branch from point of discharge of the City	223	61	779
of Huntsville WWTP downstream to the
confluence with Holman Creek
White River from WR-02 to WHI0052	30	40	237
White River from Noland WWTP to 0.4 miles downstream	44	79	362
(WR-02)
White River headwaters to Noland WWTP	20	20	160
West Fork White River	20	20	150
St. Francis River Basin
St. Francis River (Mouth to 36° N. Lat.)	10	30	330
L'Anguille River	20	30	235
Tyronza River (headwaters to Ditch No. 6 confluence)	20	30	350
Ditch No. 27	ER	480	1200
Ditch No. 6 (mouth to Ditch No. 27 confluence)	ER	210	630
Tyronza River (mouth to Ditch No. 6 confluence)	20	60	350
Little River	20	30	365
Pemiscot Bayou	20	30	380
St. Francis River (36° N. Lat. to 36° 30' N. Lat.)	10	20	180
Ouachita River Basin
Bayou Bartholomew	30	30	220
Chemin-A-Haut Creek	50	20	500
Overflow Creek	20	30	170
Bayou Macon	30	40	330
Boeuf River	90	30	460
Big Cornie Creek	230	30	500
Little Cornie Creek	200	10	400
Three Creeks	250	10	500
Little Cornie Bayou	200	20	500
Walker Branch	180	ER	970
Gum Creek	104*	ER	311*
Bayou de L'Outre above Gum Creek	250	90	500
Bayou de L'Outre below Gum Creek	250	90	750
Ouachita River (Louisiana state line to Camden)	160	40	350
Saline River	20	40	120
Saline River east bifurcation at Holly Creek	ER	250	500
Hurricane Creek above Hurricane Lake Dam	20	250	500
Hurricane Creek from Hurricane Lk. Dam to Ben Ball
Bridge	125	730	1210
Hurricane Creek from Ben Ball Bridge to US Hwy.270	125	700	1200
Hurricane Creek from Hwy 270 to Saline River	100	500	1000
Alcoa unnamed tribs to Hurricane Creek	125	700	1100
Dry Lost Creek and tribs	ER	560	880
Lost Creek to Little Lost Creek	ER	510	820
Lost Creek below Little Lost Creek	ER	300	550
Holly Creek	30	860	1600
Moro Creek	30	20	260
Smackover Creek	250	30	500
Boggy Creek - from the discharge for Clean Harbors El	631	63	1360
Dorado LLC to the confluence of Bayou de Loutre
Ouachita River (Camden to Carpenter Dam)	50	40	150
Town Creek below Acme tributary	ER	200	700
Unnamed trib from Acme	ER	330	830
Little Missouri River	10	90	180
Muddy Fork Little Missouri	ER	250	500
Bluff Creek and unnamed trib.	ER	651*	1033*
Garland Creek	250	250	500
South Fork Caddo	ER	60	128
Back Valley Creek	ER	250	500
Cove Creek from the confluence with Chamberlain
Creek to the Ouachita River	250***	500***
Chamberlain from headwaters to confluence
with Cove Creek	68***	1,384***	2,261***
Lucinda from the confluence of Rusher Creek
to the confluence with Cove Creek	250***	500***
Rusher Creek from the confluence of the East and West Forks to confluence with
Lucinda Creek	250***	500***
Reyburn Creek from headwaters to confluence of
Francois Creek	250***	500***
Scull Creek from a point approximately 350 feet upstream of Clearwater Lake to Clearwater Lake (including Clearwater Lake) and from Clearwater Lake dam to confluence Reyburn
Creek	250***	500***
Wilson Creek from its mouth upstream approx.
1.7 miles at the UMETCO property line	56	250	500
Ouachita River (Carpenter Dam to Headwaters,
including Lake Ouachita tributaries)	10	10	100
Red River Basin
Bayou Dorcheat	100	16*	250
Albemarle unnamed trib (AUT) to Horsehead Creek	137*	ER	383*
Horsehead Creek from AUT to mouth	85*	ER	260*
Cypress Creek	250	70	500
Crooked Creek	250	10	500
Dismukes Creek	26*	ER	157*
Big Creek from Dismukes to Bayou Dorcheat	20*	ER	200*
Bois d'Arc Creek from Caney Creek to Red River	113*	283*	420*
Caney Creek	113*	283*	420*
Bodcau Creek	250	70	500
Poston Bayou	120	40	500
Kelley Bayou	90	40	500
Red River from Arkansas/Oklahoma state line to mouth of
the Little River	250	200	850
Red River from mouth of the Little River to the	250	200	780
Arkansas/Louisiana State Line
Sulphur River	120	100	500
Days Creek	250	250	500
McKinney Bayou	180	60	480
Little River from Oklahoma State line to Millwood	20	20	100
Lake
Little River from Millwood Lake to the Red River	20	20	138[DOUBLE DAGGER]
Saline River	20	10	90
Mine Creek from Hwy 27 to Millwood Lake	90	65	700
Cossatot River	10	15	70
Upper Rolling Fork	20	20	100
Rolling Fork from unnamed trib A to DeQueen Lake	130	70	670
Unnamed tribs A and A1 at Grannis	135	70	700
Mountain Fork	20	20	110
Mississippi River (Louisiana state line to Arkansas River)	60	150	425
Mississippi River (Arkansas River to Missouri state line)	60	175	450

ER - ecoregion value

* developed using background flow of 4 cfs

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

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

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

(B) Ecoregion Reference Stream Minerals Values

The following values were determined from Arkansas's least-disturbed ecoregion reference streams and are considered to be the maximum naturally occurring levels. For waterbodies not listed above, any discharge that results in instream concentrations more than 1/3 higher than these values for chlorides (Cl^-) and sulfates (SO4^2-) or more than 15 mg/L, whichever is greater, is considered to be a significant modification of the maximum naturally occurring values. These waterbodies should be considered as candidates for site specific criteria development in accordance with Rules 2.306 and 2.308. Similarly, site specific criteria development should be considered if the following TDS values are exceeded after being increased by the sum of the increases to Cl^- and SO4^2-. Such criteria may be developed only in accordance with Rules 2.306 and 2.308. The values listed in the table below are not intended to be used by the Division to evaluate attainment of water quality standards for assessment purposes.

ECOREGION REFERENCE STREAM VALUES (mg/L)

Ecoregion	Chlorides (Cl^-)	Sulfates (SO4^2-)	TDS
Ozark Highlands	13	17	240
Boston Mountains	13	9	85
Arkansas River Valley	10	13	103
Ouachita Mountains	6	15	128
Gulf Coastal Plains	14	31	123
Delta	36	28	390

(C) Domestic Water Supply Criteria

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

Rule 2.512Ammonia

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

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

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

pH	*Salmonids Present**	Salmonids Absent
6.5	32.6	48.8
6.6	31.3	46.8
6.7	29.8	44.6
6.8	28.1	42.0
6.9	26.2	39.1
7.0	24.1	36.1
7.1	22.0	32.8
7.2	19.7	29.5
7.3	17.5	26.2
7.4	15.4	23.0
7.5	13.3	19.9
7.6	11.4	17.0
7.7	9.65	14.4
7.8	8.11	12.1
7.9	6.77	10.1
8.0	5.62	8.40
8.1	4.64	6.95
8.2	3.83	5.72
8.3	3.15	4.71
8.4	2.59	3.88
8.5	2.14	3.20
8.6	1.77	2.65
8.7	1.47	2.20
8.8	1.23	1.84
8.9	1.04	1.56
9.0	0.885	1.32

* Family of fishes that includes trout

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

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

Temperature °C
pH	0	14	16	18	20	22	24	26	28	30
6.5	6.67	6.67	6.06	5.33	4.68	4.12	3.62	3.18	2.80	2.46
6.6	6.57	6.57	5.97	5.25	4.61	4.05	3.56	3.13	2.75	2.42
6.7	6.44	6.44	5.86	5.15	4.52	3.98	3.50	3.07	2.70	2.37
6.8	6.29	6.29	5.72	5.03	4.42	3.89	3.42	3.00	2.64	2.32
6.9	6.12	6.12	5.56	4.89	4.30	3.78	3.32	2.92	2.57	2.25
7.0	5.91	5.91	5.37	4.72	4.15	3.65	3.21	2.82	2.48	2.18
7.1	5.67	5.67	5.15	4.53	3.98	3.50	3.08	2.70	2.38	2.09
7.2	5.39	5.39	4.90	4.31	3.78	3.33	2.92	2.57	2.26	1.99
7.3	5.08	5.08	4.61	4.06	3.57	3.13	2.76	2.42	2.13	1.87
7.4	4.73	4.73	4.30	3.78	3.32	2.92	2.57	2.26	1.98	1.74
7.5	4.36	4.36	3.97	3.49	3.06	2.69	2.37	2.08	1.83	1.61
7.6	3.98	3.98	3.61	3.18	2.79	2.45	2.16	1.90	1.67	1.47
7.7	3.58	3.58	3.25	2.86	2.51	2.21	1.94	1.71	1.50	1.32
7.8	3.18	3.18	2.89	2.54	2.23	1.96	1.73	1.52	1.33	1.17
7.9	2.80	2.80	2.54	2.24	1.96	1.73	1.52	1.33	1.17	1.03
8.0	2.43	2.43	2.21	1.94	1.71	1.50	1.32	1.16	1.02	0.897
8.1	2.10	2.10	1.91	1.68	1.47	1.29	1.14	1.00	0.879	0.773
8.2	1.79	1.79	1.63	1.43	1.26	1.11	0.973	0.855	0.752	0.661
8.3	1.52	1.52	1.39	1.22	1.07	0.941	0.827	0.727	0.639	0.562
8.4	1.29	1.29	1.17	1.03	0.906	0.796	0.700	0.615	0.541	0.475
8.5	1.09	1.09	0.990	0.870	0.765	0.672	0.591	0.520	0.457	0.401
8.6	0.920	0.920	0.836	0.735	0.646	0.568	0.499	0.439	0.386	0.339
8.7	0.778	0.778	0.707	0.622	0.547	0.480	0.422	0.371	0.326	0.287
8.8	0.661	0.661	0.601	0.528	0.464	0.408	0.359	0.315	0.277	0.244
8.9	0.565	0.565	0.513	0.451	0.397	0.349	0.306	0.269	0.237	0.208
9.0	0.486	0.486	0.442	0.389	0.342	0.300	0.264	0.232	0.204	0.179

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

for Fish Early Life Stages Absent - mg/L

Temperature °C

Temperature °C
pH	0-7	8	9	10	11	12	13	14	15*	16*
6.5	10.8	10.1	9.51	8.92	8.36	7.84	7.35	6.89	6.46	6.06
6.6	10.7	9.99	9.37	8.79	8.24	7.72	7.24	6.79	6.36	5.97
6.7	10.5	9.81	9.20	8.62	8.08	7.58	7.11	6.66	6.25	5.86
6.8	10.2	9.58	8.98	8.42	7.90	7.40	6.94	6.51	6.10	5.72
6.9	9.93	9.31	8.73	8.19	7.68	7.20	6.75	6.33	5.93	5.56
7.0	9.60	9.00	8.43	7.91	7.41	6.95	6.52	6.11	5.73	5.37
7.1	9.20	8.63	8.09	7.58	7.11	6.67	6.25	5.86	5.49	5.15
7.2	8.75	8.20	7.69	7.21	6.76	6.34	5.94	5.57	5.22	4.90
7.3	8.24	7.73	7.25	6.79	6.37	5.97	5.60	5.25	4.92	4.61
7.4	7.69	7.21	6.76	6.33	5.94	5.57	5.22	4.89	4.59	4.30
7.5	7.09	6.64	6.23	5.84	5.48	5.13	4.81	4.51	4.23	3.97
7.6	6.46	6.05	5.67	5.32	4.99	4.68	4.38	4.11	3.85	3.61
7.7	5.81	5.45	5.11	4.79	4.49	4.21	3.95	3.70	3.47	3.25
7.8	5.17	4.84	4.54	4.26	3.99	3.74	3.51	3.29	3.09	2.89
7.9	4.54	4.26	3.99	3.74	3.51	3.29	3.09	2.89	2.71	2.54
8.0	3.95	3.70	3.47	3.26	3.05	2.86	2.68	2.52	2.36	2.21
8.1	3.41	3.19	2.99	2.81	2.63	2.47	2.31	2.17	2.03	1.91
8.2	2.91	2.73	2.56	2.40	2.25	2.11	1.98	1.85	1.74	1.63
8.3	2.47	2.32	2.18	2.04	1.91	1.79	1.68	1.58	1.48	1.39
8.4	2.09	1.96	1.84	1.73	1.62	1.52	1.42	1.33	1.25	1.17
8.5	1.77	1.66	1.55	1.46	1.37	1.28	1.20	1.13	1.06	0.990
8.6	1.49	1.40	1.31	1.23	1.15	1.08	1.01	0.951	0.892	0.836
8.7	1.26	1.18	1.11	1.04	0.976	0.915	0.858	0.805	0.754	0.707
8.8	1.07	1.01	0.944	0.885	0.829	0.778	0.729	0.684	0.641	0.601
8.9	0.917	0.860	0.806	0.756	0.709	0.664	0.623	0.584	0.548	0.513
9.0	0.790	0.740	0.694	0.651	0.610	0.572	0.536	0.503	0.471	0.442

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

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

(D) For permitted discharges, the daily maximum or seven-day average permit limit shall be calculated using the four-day average value described above as an instream value, after mixing and based on a season when fish early life stages are present and a season when fish early life stages are absent. Temperature values used will be 14° C when fish early life stages are absent and the ecoregion temperature standard for the season when fish early life stages are present. The pH values will be the ecoregion mean value from least-disturbed stream data.

CHAPTER 6:EFFECTIVE DATE

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

RULE 2

APPENDIX A

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

APPENDIX A: MAP OF ECOREGIONS OF ARKANSAS

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DESIGNATED USES: OZARK HIGHLANDS ECOREGION

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

Extraordinary Resource Waters

Current River (OH-4)

Eleven Point River (OH-4)

Strawberry River (OH-3, OH-4)

Little Strawberry River (OH-3)

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

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

North Sylamore Creek (OH-3)

Buffalo River (OH-2, OH-3)

Kings River (OH-2)

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

Natural and Scenic Waterways

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

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

Buffalo River (OH-2, OH-3)

North Sylamore Creek (OH-3)*

Ecologically Sensitive Waterbodies

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

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

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

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

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

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

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

Illinois River - Neosho mucket (OH-1)

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

Secondary Contact Recreation- all waters**

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

Aquatic Life**

Trout Waters

Bull Shoals Reservoir - lower portion (OH-2)

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

North Fork White River (OH-3)

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

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

Lakes and Reservoirs - all

Streams

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

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

*As designated in the National Wild and Scenic Rivers System

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

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

Plate	Map Inset	Waterbody	Variation
OH-1	1	Railroad Hollow Creek	No fishable/swimmable uses
OH-1	2	Columbia Hollow Creek	Seasonal aquatic life use March-June
OH-1	9	Town Branch from point of discharge of the City of Huntsville WWTP downstream to the confluence with Holman Creek	No domestic water supply use
OH-1	10	Holman Creek from the confluence with Town Branch downstream to the confluence with War Eagle Creek	No domestic water supply use
OH-3	4	Moccasin Creek below Arkansas Highway 177	Perennial aquatic life use
OH-4	3	Curia Creek below first waterfall	Perennial aquatic life use
OH-4	6	Stennitt Creek from Brushy Creek to Spring River	No domestic water supply use

SPECIFIC CRITERIA: OZARK HIGHLANDS ECOREGION

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

Streams		Lakes and Reservoirs
Temperature °C (°F)* Trout Waters	29 (84.2) 20 (68)		32 (89.6)
Turbidity (NTU) (base/storm) Trout Waters	10/17 10/15		25/45
Minerals	see Rule 2.511		see Rule 2.511
Dissolved Oxygen**	Pri.	Crit	see Rule 2.505
<10 mi² watershed 10 to 100 mi² >100 mi² watershed Trout Waters	6 6 6 6	2 5 6 6

All other criteria (same as statewide)

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

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

Site Specific Criteria Variations Supported by Use Attainability Analysis

Plate	Map Inset	Waterbody	Variation
OH-1	1	Railroad Hollow Creek from headwaters to Spavinaw Creek	Year-round DO 2 mg/L
OH-1	5	SWEPCO Reservoir	Maximum temperature 54°C (limitation of 2.8°C above natural temperature does not apply)
OH-1	7	White River from Noland WWTP to 0.4 miles downstream (WR-02)	Chloride 44 mg/L, sulfate 79 mg/L, TDS 362 mg/L
OH-1	8	White River from WR-02 to WHI0052	Chloride 30 mg/L, sulfate 40 mg/L, TDS 237 mg/L
OH-1	9	Town Branch from point of discharge of the City of Huntsville WWTP Downstream to the confluence with Holman Creek	Chloride 223 mg/L, sulfate 61 mg/L, TDS 779 mg/L
OH-1	10	Holman Creek from the confluence with Town Branch downstream to the confluence with War Eagle Creek	Chloride 180 mg/L, sulfate 48 mg/L, TDS 621 mg/L
OH-2	7	Crooked Creek from Harrison WWTP outfall to DEQ Monitoring Station WHI0193	Chloride 22.6 mg/L, sulfate 24.4 mg/L, TDS 269 mg/L
OH-3	4	Moccasin Creek below Highway 177	Critical season DO 5mg/L
OH-3	8	Crooked Creek from DEQ Monitoring Station WHI0193 to mouth	TDS 238 mg/L
OH-4	3	Curia Creek below first waterfall	Critical season DO 6 mg/L
OH-4	6	Stennitt Creek from Brushy Creek to Spring River	TDS 456 mg/L, sulfate 43.3 mg/L
OH-4	11	Brushy Creek - from Unnamed Tributary to Stennitt Creek	Sulfate 126 mg/L, TDS 549 mg/L
OH-4	12	Unnamed Tributary - from Vulcan Outfall 001 to Brushy Creek	Sulfate 260 mg/L, TDS 725 mg/L

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DESIGNATED USES: BOSTON MOUNTAINS ECOREGION

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

Extraordinary Resource Waters

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

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

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

Big Piney Creek (BM-2)

Hurricane Creek (BM-2)

Mulberry River (BM-1, BM-2)

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

Salado Creek (BM-3)

Kings River (BM-1)

Richland Creek and Falling Water Creek (BM-2)

Buffalo River (BM-1, BM-2)

Natural and Scenic Waterways

Mulberry River (BM-1, BM-2)

Buffalo River (BM-1, BM-2)

Kings River (BM-1)

Big Piney Creek (BM-2)*

Hurricane Creek (BM-2)*

Richland Creek (BM-2)*

Ecologically Sensitive Waterbodies

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

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

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

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

Secondary Contact Recreation - all waters**

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

Aquatic Life**

Trout Waters

Greers Ferry Reservoir below Narrows (BM-3)

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

Lakes and Reservoirs - all

*As designated in the National Wild and Scenic Rivers System

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

Streams

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

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

Use Variations Supported by Use Attainability Analysis

None

SPECIFIC CRITERIA: BOSTON MOUNTAINS ECOREGION

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

Streams		Lakes and Reservoirs
Temperature °C (°F)*	31 (87.8)		32 (89.6)
Trout Waters	20 (68)
Turbidity (NTU) (base/storm)	10/19		25/45
Trout Waters	10/15
Minerals	see Rule 2.511		see Rule 2.511
Dissolved Oxygen (mg/L) **	Pri.	Crit	see Rule 2.505
<10 mi² watershed	6	2
10 mi² and greater	6	6
Trout Waters	6	6
All other criteria	(same as statewide)

Site Specific Criteria Variations Supported by Use Attainability Analysis

None

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

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

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DESIGNATED USES: ARKANSAS RIVER VALLEY ECOREGION

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

Extraordinary Resource Waters

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

Mulberry River (ARV-1)

Big Creek adjacent to natural areas (ARV-3)

Natural and Scenic Waterway

Mulberry River (ARV-1)

Ecologically Sensitive Waterbodies

None

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

Secondary Contact Recreation- all waters**

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

Aquatic Life**

Trout Waters

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

Lakes and Reservoirs - all

Streams

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

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

Site Specific Designated Use Variations Supported by Use Attainability Analysis

Plate	Map Inset	Waterbody	Variation
ARV-1	2 & 4	Poteau River from U.S. Business Highway 71 to Oklahoma state line	No domestic water supply use
ARV-1	3	Unnamed tributary to Poteau River at Waldron	No domestic water supply use

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

SPECIFIC CRITERIA: ARKANSAS RIVER VALLEY ECOREGION

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

Streams		Reservoirs
Temperature °C (°F)*	31 (87.8)		32 (89.6)
Trout Waters	20 (68)
Arkansas River	32 (89.6)
Turbidity (NTU) (base/storm)	21/40		25/45
Arkansas River	50/52
Trout Waters	10/15
Minerals	see Rule 2.511		see Rule 2.511
Dissolved Oxygen (mg/L)**	Pri.	Crit.	see Rule 2.505
<10 mi² watershed	5	2
10 to 150 mi²	5	3
151 mi² to 400 mi²	5	4
>400 mi² watershed	5	5
Trout waters	6	6
All other criteria	(same as statewide)

Site Specific Criteria Variations Supported by Use Attainability Analysis

Plate	Map Inset	Waterbody	Variation
ARV-2	1	Dardanelle Reservoir	Maximum temperature 35°C (95°F) (limitation of 2.8°C above natural temperature does not apply)
ARV-1	2	Poteau River from Scott County Road 59 to Oklahoma state line	Chlorides 120 mg/L, sulfates 60 mg/L, TDS 500 mg/L
ARV-1	4	Poteau River from confluence with Unnamed tributary to Scott County Road 59	Chlorides 185 mg/L, sulfates 200 mg/L, TDS 786 mg/L
ARV-1	3	Unnamed tributary from Tyson-Waldron Outfall 001 to confluence with the Poteau River	Chlorides 180 mg/L, sulfates 200 mg/L, TDS 870 mg/L

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

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

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DESIGNATED USES: OUACHITA MOUNTAIN ECOREGION

(Plates OM-1, OM-2)

Extraordinary Resource Waters

Lake Ouachita (OM-1, OM-2)

DeGray Reservoir (OM-2)

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

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

South Fork Caddo River (OM-1)

Cossatot River - above Gillham Reservoir (OM-1)

Caney Creek (OM-1)

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

Mountain Fork River (OM-1)

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

Natural and Scenic Waterway

Cossatot River above Gillham Reservoir (OM-1)

Little Missouri River above Lake Greeson (OM-1)

Brushy Creek (OM-1)*

Ecologically Sensitive Waterbodies

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

Arkansas fatmucket Mussel (OM-1)

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

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

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

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

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

Little Missouri River above Lake Greeson - location of Caddo madtom

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

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

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

Secondary Contact Recreation- all waters**

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

Aquatic Life**

Trout Waters

Lake Ouachita (lower portion) (OM-2)

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

Lakes and Reservoirs - all

*As designated in the National Wild and Scenic Rivers System

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

Aquatic Life**

Streams

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

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

Site Specific Designated Use Variations Supported by Use Attainability Analysis

Plate	Map Inset	Waterbody	Variation
OM-1	2	Rolling Fork from unnamed tributary A at Grannis to DeQueen Reservoir	No domestic water supply use
OM-1	3	Unnamed tributaries A and A1 at Grannis	No domestic water supply use

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

SPECIFIC CRITERIA: OUACHITA MOUNTAIN ECOREGION

(Plates OM-1, OM-2)

Streams		Reservoirs
Temperature °C (°F)*	30 (86)		32 (89.6)
Trout Waters	20 (68)
Turbidity (NTU) (base/storm)	10/18		25/45
Trout Waters	10/15
Minerals	see Rule 2.511		see Rule 2.511
Dissolved Oxygen (mg/L) **	Pri.	Crit	see Rule 2.505
<10 mi² watershed	6	2
10 mi² and greater	6	6
Trout Waters	6	6
All other criteria	(same as statewide)

Site Specific Criteria Variations Supported by Use Attainability Analysis

Plate	Map Inset	Waterbody	Variation
OM-1	1	Prairie Creek: from headwaters to confluence with Briar Creek	Critical season DO 4 mg/L
OM-1	2	Rolling Fork from unnamed tributary A to DeQueen Reservoir	Chlorides 130 mg/L, sulfates 70 mg/L, TDS 670 mg/L
OM-1	3	Unnamed tributaries A and A1 at Grannis	Chlorides 135 mg/L, sulfates 70 mg/L, TDS 700 mg/L
OM-1	4	South Fork Caddo River	Sulfates 60 mg/L
OM-1	5	Back Valley Creek	Sulfates 250 mg/L, TDS 500 mg/L
OM-2	6	Wilson Creek from a point approximately 0.85 mile upstream of Outfall 001 to UMETCO Outfall 001	Chlorides 56 mg/L, sulfates 250 mg/L, TDS 500 mg/L
OM-2	7	Wilson Creek downstream of UMETCO Outfall 001 to its mouth	Chlorides 56 mg/L, sulfates 250 mg/L, TDS 500 mg/L

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

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

Temporary Variations Supported by Environmental Improvement Project

Plate	Map Inset	Waterbody	Variation
OM-2	1	Chamberlain Creek from headwaters to confluence with Cove Creek	Chlorides 68 mg/L, sulfates 1,384 mg/L, TDS 2,261 mg/L*
OM-2	2	Cove Creek from the confluence with Chamberlain Creek to the Ouachita River	Sulfates 250 mg/L, TDS 500 mg/L*
OM-2	3	Lucinda Creek from the confluence of Rusher Creek to the confluence with Cove Creek	Sulfates 250 mg/L, TDS 500 mg/L*
OM-2	4	Rusher Creek from the confluence of the East and West Forks to confluence with Lucinda Creek	Sulfates 250 mg/L, TDS 500 mg/L*

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

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DESIGNATED USES: GULF COASTAL ECOREGION

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

Extraordinary Resource Waters

Saline River (GC-3, GC-4)

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

Natural and Scenic Waterways

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

Ecologically Sensitive Waterbodies

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

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

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

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

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

Streams with Substantial Springwater Influence

L'Eau Frais (GC-4)

Cypress Creek (GC-4)

East and West Fork Tulip Creeks (GC-4)

Others to be determined

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

Secondary Contact Recreation- all waters**

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

Aquatic Life**

Trout Waters

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

Lakes and Reservoirs - all

Streams

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

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

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

Site Specific Designated Use Variations Supported by Use Attainability Analysis

Plate	Map Inset	Waterbody	Variation
GC-1	7	Lick Creek	Seasonal aquatic life use; no primary contact
GC-1	9	Red River from Oklahoma state line to confluence with Little River	No domestic water supply use
GC-1	10	Bluff Creek and unnamed tributary	No domestic water supply use
GC-1	11	Mine Creek from Highway 27 to Millwood Lake	No domestic water supply use
GC-1	12	Caney Creek	No domestic or industrial water supply use
GC-1	13	Bois d'Arc Creek from Caney Creek to Red River	No domestic or industrial water supply use
GC-1	55	Red River from the mouth of the Little River to the Arkansas/Louisiana state line	No domestic water supply use

Plate	Map Inset	Waterbody	Variation
GC-2	1	Loutre Creek	Perennial aquatic life use, except seasonal from railroad bridge to mouth
GC-2	2	Unnamed tributary to Smackover Creek	No fishable/swimmable uses
GC-2	4	Unnamed tributary to Flat Creek	No fishable/swimmable uses
GC-2	6	Jug Creek	Perennial aquatic life use
GC-2	15	Gum Creek	No domestic water supply use
GC-2	16	Bayou de Loutre from mouth of UT004 to Louisiana state line	No domestic water supply use
GC-2	17	Walker Branch	No domestic water supply use
GC-2	18	Little Cornie Bayou from Walker Branch to Arkansas/Louisiana state line	No domestic water supply use
GC-2	18	Unnamed tributary to Little Cornie Bayou (UTLCB-2)	No domestic water supply use
GC-2	27	Albemarle unnamed tributary (AUT) to Horsehead Creek	No domestic water supply use
GC-2	27	Horsehead Creek from AUT to mouth	No domestic water supply use
GC-2	28	Dismukes Creek and Big Creek to Bayou Dorcheat	No domestic water supply use
GC-2	31	Unnamed tributary 002 (UT002)	No domestic water supply use
GC-2	32	Unnamed tributary 004 (UT004)	No domestic water supply use
GC-2	34	Unnamed tributary 003 (UT003)	No domestic water supply use
GC-2	37	Unnamed tributary to Flat Creek from EDCC Outfall 001 downstream to confluence with unnamed tributary A to Flat Creek	No domestic water supply use
GC-2	38	Unnamed tributary A to Flat Creek from mouth of EDCC 001 ditch to confluence with Flat Creek	No domestic water supply use
GC-2	39	Flat Creek from mouth of UTA to confluence with Haynes Creek	No domestic water supply use
GC-2	40	Haynes Creek from mouth of Flat Creek to confluence with Smackover Creek	No domestic water supply use
GC-2	41	Loutre Creek from Highway 15 S. to the confluence of Bayou de Loutre	No domestic water supply use
GC-2	51	Boggy Creek from the discharge from Clean Harbors El Dorado LCC downstream to the confluence of Bayou de Loutre	No domestic water supply use

Plate	Map Inset	Waterbody	Variation
GC-3	8	Coffee Creek and Mossy Lake	No fishable/swimmable or domestic water supply uses

Plate	Map Inset	Waterbody	Variation
GC-4	5	Dodson Creek	Perennial aquatic life use
GC-4	14	Town Creek below Acme tributary	No domestic water supply use
GC-4	14	Unnamed tributary from Acme	No domestic water supply use
GC-4	19	Alcoa unnamed tributary to Hurricane Creek and Hurricane Creek	No domestic water supply use
GC-4	20	Holly Creek	No domestic water supply use
GC-4	21	Dry Lost Creek and tributaries	No domestic water supply use
GC-4	22	Lost Creek	No domestic water supply use

SPECIFIC CRITERIA: GULF COASTAL ECOREGION

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

Typical Streams		Spring WaterStreams	Lakes andReservoirs
Temperature °C (°F)*	30 (86)		30 (86)	32 (89.6)
Ouachita River
(state line to Little Missouri River)	32 (89.6)
Red River	32 (89.6)
Little River
(from Millwood Lake to the Red River)	32 (89.6)
Trout Waters	20 (68)		20 (68)
Turbidity (NTU) (base/storm)	21/32		21/32	25/45
Red River	50/150
Trout Waters	10/15
Minerals	see Rule 2.511		see Rule 2.511
Dissolved Oxygen (mg/L) **	Pri.	Crit.	see Rule 2.505
<10 mi² watershed	5	2
10 mi² - 500 mi²	5	3
>500 mi² watershed	5	5
All sizes (springwater influenced)	6	5
Trout Waters	6	6
All other criteria	(same as statewide)

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

Site Specific Criteria Variations Supported by Use Attainability Analysis

Plate	Map Inset	Waterbody	Variation
GC-1	7	Lick Creek - from headwaters to Millwood Reservoir	Critical season DO 2 mg/L
GC-1	9	Red River from Oklahoma state line to confluence with Little River	TDS 850 mg/L
GC-1	10	Bluff Creek and unnamed tributary	Sulfates 651 mg/L, TDS 1033 mg/L
GC-1	11	Mine Creek from Highway 27 to Millwood Lake	Chlorides 90 mg/L, sulfates 65 mg/L, TDS 700 mg/L
GC-1	12	Caney Creek	Chlorides 113 mg/L, sulfates 283 mg/L, TDS 420 mg/L
GC-1	24	Muddy Fork Little Missouri River	Sulfates 250 mg/L, TDS 500 mg/L
GC-1	25	Little Missouri River	Sulfates 90 mg/L, TDS 180 mg/L
GC-1	30	Unnamed tributary of Lake June below Entergy Couch Plant to confluence with Lake June	Maximum water temperature 95 degrees F (limitation of 5 degrees above natural temperature does not apply)
GC-1	55	Red River from mouth of the Little River to the Arkansas/Louisiana state line	TDS 780 mg/L
GC-1	56	Little River from Millwood Lake to the Red River	TDS 138mg/L; temperature 32°C/89.6°F

Plate	Map Inset	Waterbody	Variation
GC-2	1	Loutre Creek from headwaters to railroad bridge	Critical season DO 3 mg/L, primary season DO 5 mg/L
GC-2	1	Loutre Creek from railroad bridge to mouth	Critical season DO 2 mg/L
GC-2	2	Unnamed tributary to Smackover Creek headwaters to Smackover Creek	Year round DO 2 mg/L
GC-2	4	Unnamed tributary to Flat Creek from headwaters to Flat Creek	Year round DO2 mg/L
GC-2	6	Jug Creek - from headwaters to confluence with Moro Creek	Critical season DO 3 mg/L
GC-2	15	Gum Creek	Chlorides 104 mg/L, TDS 311 mg/L
GC-2	16	Bayou de Loutre from Gum Creek to State line	Chlorides 250 mg/L, TDS 750 mg/L
GC-2	17	Walker Branch	Chlorides 180 mg/L, TDS 970 mg/L
GC-2	27	Albemarle unnamed tributary (AUT) to Horsehead Creek	Chlorides 137 mg/L, TDS 383 mg/L
GC-2	27	Horsehead Creek from AUT to mouth	Chlorides 85 mg/L, TDS 260 mg/L
GC-2	27	Bayou Dorcheat	Sulfates 16 mg/L
GC-2	28	Dismukes Creek	Chlorides 26 mg/L, TDS 157 mg/L
GC-2	28	Big Creek from Dismukes to Bayou Dorcheat	Chlorides 20 mg/L, TDS 200 mg/L
GC-2	29	Bayou de Loutre from Chemtura outfall to Loutre Creek	Maximum water temperature 96°F
GC-2	51	Boggy Creek from the discharge from Clean Harbors El Dorado LCC downstream to the confluence of Bayou de Loutre.	Chloride 631mg/L, Sulfate 63 mg/L, TDS 1360 mg/L, Selenium 15.6 u/L

Plate	Map Inset	Waterbody	Variation
GC-3	8	Coffee Creek and Mossy Lake	Exempt from Rule 2.406 and Chapter Five
GC-3	26	Ouachita River from Ouachita River mile (ORM) 223 to the Arkansas-Louisiana border (ORM 221.1)	Site specific seasonal DO criteria: 3 mg/L June and July; 4.5 mg/L August; 5 mg/L September through May. These seasonal criteria may be unattainable during or following naturally occurring high flows, (i.e., river stage above 65 feet measured at the lower gauge at the Felsenthal Lock and Dam, Station No.89-o, and also for the two weeks following the recession of flood waters below 65 feet), which occurs from May through August. Naturally occurring conditions which fail to meet criteria should not be interpreted as violations of these criteria

Plate	Map Inset	Waterbody	Variation
GC-4	5	Dodson Creek - from headwaters to confluence with Saline River	Critical season DO 3 mg/L
GC-4	14	Town Creek below Acme tributary	Sulfates 200 mg/L, TDS 700 mg/L
GC-4	14	Unnamed tributary from Acme	Sulfates 330 mg/L, TDS 830 mg/L
GC-4	19	Alcoa unnamed tributary to Hurricane Creek and Hurricane Creek	See Rule 2.511
GC-4	20	Holly Creek	See Rule 2.511
GC-4	23	Saline River bifurcation	See Rule 2.511
GC-4	21	Dry Lost Creek and tributaries	See Rule 2.511
GC-4	22	Lost Creek	See Rule 2.511
GC-4	52	McGeorge Creek (headwaters to Willow Springs Branch)	Sulfate 250 mg/L, TDS 432 mg/L
GC-4	53	Willow Springs Branch (McGeorge Creek to Little Fourche Creek)	Sulfate 112 mg/L, TDS 247 mg/L
GC-4	54	Little Fourche Creek (Willow Springs Branch to Fourche Creek)	TDS 179 mg/L

Temporary Variations Supported by Environmental Improvement Project

Plate	Map Inset	Waterbody	Variation
GC-4	1	Holly Creek	Selenium chronic criteria 17µg/L
GC-4	2	Reyburn Creek from headwaters to confluence of Francois Creek	Sulfates 250 mg/L, TDS 500 mg/L*
GC-4	3	Scull Creek from a point approximately 350 feet upstream of Clearwater Lake to Clearwater Lake (including Clearwater Lake) and from Clearwater Lake dam to confluence Reyburn Creek	Sulfates 250 mg/L, TDS 500 mg/L*

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

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DESIGNATED USES: DELTA ECOREGION

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

Extraordinary Resource Waters

Second Creek (D-4)

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

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

Strawberry River (D-1)

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

Natural and Scenic Waterways

None

Ecologically Sensitive Waterbodies

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

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

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

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

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

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

Secondary Contact Recreation - all waters**

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

Aquatic Life**

Trout Waters - none

Lakes and Reservoirs - all

Streams

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

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

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

Site Specific Designated Use Variation Supported by Use Attainability Analysis

Plate	Map Inset	Waterbody	Variation
D-1	3	Coon Creek and unnamed tributary from Frit Ind.	No domestic water supply use
D-2	5	Ditch No. 27	No domestic water supply use
D-2	6	Ditch No. 6	No domestic water supply use
D-3	1	Unnamed ditch to Little LaGrue Bayou	Perennial Delta aquatic life
D-5	2	Little Lake Bayou	Seasonal Delta aquatic life, no primary contact
D-3	4	Rocky Branch Creek and Bayou Meto from Rocky Branch Creek to Bayou Two Prairie	No domestic water supply use

SPECIFIC CRITERIA: DELTA ECOREGION

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

Least-AlteredStreams		Channel-AlteredStreams		Lakes andReservoirs
Temperature °C (°F)*	30 (86)		32 (89.6)		32 (89.6)
White River	32 (89.6)
St. Francis River	32 (89.6)
Mississippi River	32 (89.6)
Arkansas River	32 (89.6)
Turbidity (NTU) (base/storm)	45/84		75/250		25/45
Arkansas River	50/52
Mississippi River	50/75
St. Francis River	75/100
Minerals	see Rule 2.511		see Rule 2.511		see Rule 2.511
Dissolved Oxygen (mg/L)**	Pri	Crit	Pri	Crit.	see Rule 2.505
<10 mi² watershed	5	2	5	2
10 mi² to 100 mi²	5	3	5	3
>100 mi² watershed	5	5	5	5
All other criteria	(same as statewide)

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

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

Site Specific Criteria Variations Supported by Use Attainability Analysis

Plate	Map Inset	Waterbody	Variation
D-1	3	Unnamed tributary from Frit Ind., to Coon Creek	Sulfates 48 mg/L
D-1	38	Unnamed tributary to Big Creek	Chlorides 71 mg/L, sulfates 60 mg/L, TDS 453 mg/L
D-1	39	Big Creek from Whistle Ditch to mouth of unnamed tributary	Chloride 58 mg/L, sulfates 49 mg/L
D-1	40	Bayou DeView from AR Hwy 14 to Whistle Ditch	Chloride 48 mg/L, sulfates 38 mg/L, TDS 411.3 mg/L
D-1	41	Bayou DeView from mouth to AR Hwy 14	Chloride 48 mg/L, sulfates 37.3 mg/L, TDS 411.3 mg/L

Plate	Map Inset	Waterbody	Variation
D-2	5	Ditch No. 27	Sulfates 480 mg/L, TDS 1,200 mg/L, maximum water temperature 95°F
D-2	6	Ditch No. 6 from Ditch No. 27 confluence to its mouth	Sulfates 210 mg/L, TDS 630 mg/L
D-2	7	Tyronza River from Ditch No. 6 confluence to its mouth	Sulfates 60 mg/L. See Rule 2.511

Plate	Map Inset	Waterbody	Variation
D-3	1	Unnamed ditch to Little LaGrue Bayou - from headwaters to confluence with Little LaGrue Bayou	Critical season DO 3 mg/L
D-3	4	Rocky Branch Creek	Chlorides 64 mg/L
D-3	4	Bayou Meto (Rocky Branch to Pulaski/Lonoke county line)	Chlorides 64 mg/L
D-3	4	Bayou Meto from mouth to Pulaski/Lonoke county line	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	6	Bakers Bayou	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	8	Big Ditch	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	9	Crooked Creek Ditch	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	10	Caney Creek Ditch	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	10	Caney Creek	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	11	Shumaker Branch	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	12	Flat Bayou	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	13	Snow Bayou	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	14	Fish Trap Slough	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	15	Main Ditch	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	16	Dennis Slough	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	17	Bradley Slough	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	18	Flynn Slough	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	19	Boggy Slough	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	20	Bear Bayou	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	21	Bubbling Slough	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	22	Government Cypress Slough	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	23	Brushy Slough	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	24	Hurricane Slough	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	25	Newton Bayou	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	26	Castor Bayou	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	27	Wabbaseka Bayou	Chlorides 95 mg/L, sulfates 45mg/L
D-3	28	Indian Bayou	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	29	Salt Bayou	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	29	Salt Bayou Ditch	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	30	Plum Bayou	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	31	Indian Bayou Ditch	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	32	Buffalo Slough	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	33	Five Forks Bayou	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	34	Little Bayou Meto	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	35	Brownsville Branch	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	36	Tupelo Bayou	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	37	Eagle Branch	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	38	Tipton Ditch	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	39	West Bayou	Chlorides 95 mg/L, sulfates 45mg/L
D-3	40	Long Pond Slough	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	41	Cross Bayou	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	42	Bayou Two Prairie (Pulaski/ Lonoke county line to Northern boundary of Smoke Hole Natural Area)	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	42	Bayou Two Prairie (Southern boundary of Smoke Hole Natural Area to Mouth)	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	43	Skinner Branch	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	44	White Oak Branch	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	45	Ricky Branch	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	46	Blue Point Ditch	Chlorides 95 mg/L, sulfates 45 mg/L
D-3	47	Bayou DeView from mouth to AR Hwy 14	Chloride 48 mg/L, sulfates 37.3 mg/L, TDS 411.3mg/L

Plate	Map Inset	Waterbody	Variation
D-5	2	Little Lake Bayou	Critical season DO 2 mg/L

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RULE 2

APPENDIX B: ENVIRONMENTAL IMPROVEMENT PROJECT

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For An Act To Be Entitled

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

Subtitle

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

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

SECTION 1. Legislative Findings and Intent.

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

SECTION 2. Definitions and Applicability.

For the purposes of this act:

(1) "Long-term Improvement Project" or "Project" means any remediation or reclamation project at closed or abandoned:

(A) Mineral Extraction Sites;

(B) Solid Waste Management Units as defined pursuant to the Arkansas Hazardous Waste Management Act;

(C) Oil and Gas Extraction Sites;

(D) Brownfield Sites as defined in Act 125 of 1995 or as may be amended; and

(E) Hazardous Substance Sites listed on the National Priority List (42 U.S.C. Section 9605), or State Priority List (Arkansas Code 8-7-509(e), or as may be amended.

(2) "Water Quality Standard" means standards developed through administrative rulemaking by the Commission;

(3) "Commission" means the Arkansas Pollution Control and Ecology Commission; and

(4) "Department" means the Arkansas Department of Pollution Control and Ecology.

SECTION 3. Procedures for approval of environmental projects, contents of applications, and public notice.

(a) A petitioner seeking approval of a change in water quality standards to accommodate a long-term environmental improvement project shall file with the Department a Notice of Intent, which includes as a minimum:

(1) A description of the water body or stream segment affected by the project;

(2) The existing ambient water quality for the use of criteria at issue;

(3) The affected water quality standard;

(4) The modifications sought;

(5) The proposed remediation activities;

(6) A proposed Remediation Plan, which shall contain:

(A) A description of the existing conditions, including identification of the conditions limiting the attainment of the water quality standards;

(B) A description of the proposed water quality standard modification, both during and post project;

(C) A description of the proposed remediation plan; and

(D) The anticipated collateral effects, if any, of the Remediation Plan; and

(7) A schedule for implementing the Remediation Plan that ensures that the post project water quality standards are met as soon as reasonably practicable.

(b) The department shall cause notice of the proposed project and associated water quality standard changes described in subsection (a) to be published for public notice and comment in the same manner as provided for permit applications in Arkansas Code 8-4-203(b), and shall advise the public that the details of the proposed project are available for public review.

(c) After considering comments from the public, the department shall notify the petitioner as to whether the proposed project is approved or denied. The department may deny approval of a project if it reasonably concludes that the plan is not complete, the plan is not technically sound, the schedule is unrealistic, the plan will not have an overall beneficial effect for the environment, or other appropriate reasons. Any department determination on the approval or denial of a project is subject to the appeal procedures applicable to permitting decisions set out in Arkansas Code 8-4-205.

(d) Upon approval of the project for further development, the petitioner shall prepare documentation required for third-party rulemaking by Arkansas Code 8-4-202 and established in administrative procedures.

SECTION 4. Modification of Water Quality Standards.

(a) The commission may approve a modification where the water quality standard is not being maintained due to conditions which may, in part or in whole, be corrected through the implementation of long-term measures. The commission shall establish such subcategory of use and modify such general and specific standards as it deems appropriate to reflect such modification while ensuring that the fishable/swimmable use is maintained. In all water quality standard changes associated with long-term environmental projects, the remedial action plan described in subsection (a) of Section 3 of this act shall be incorporated by reference in the statement of basis and purpose of the rule and shall be considered an essential condition of the modified water quality standard.

(b) Once the commission approves a water quality standard modification, the department shall ensure that conditions and limitations designed to achieve compliance with the plan are established in applicable discharge permits, consent administrative orders, or such other enforcement measures deemed appropriate by the department. The department may allow modifications by the petitioner to the remediation plan and schedule as is deemed appropriate, provided that any such modifications to the original remedial action plan shall not render the project significantly less protective of the applicable use subcategory. Should the department find that the petitioner is not acting in good faith to complete the project in accordance with the approved plan, applicable and appropriate enforcement authority may be exercised subject to appeal to the commission.

(c) The department or the petitioner shall report annually to the commission on the progress of the project.

SECTION 5. Project Completion.

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

SECTION 6. All provisions of this act of a general and permanent nature are amendatory to the Arkansas Code of 1987 Annotated and the Arkansas Code Revision Commission shall incorporate the same in the Code.

SECTION 7. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

SECTION 8. All laws and parts of laws in conflict with this act are hereby repealed.

RULE 2

APPENDIX C: SCIENTIFIC NAMES OF AQUATIC BIOTA

Common Name	Species	Family
Banded sculpin	Cottus carolinae	Cottidae
Banded pygmy sunfish	Elassoma zonatum	Elassomatidae
Bigeye shiner	Notropis boops	Cyprinidae
Black redhorse	Moxostoma duquesnei	Catostomidae
Blackside darter	Percina maculata	Percidae
Blacktail redhorse	Moxostoma poecilurum	Catostomidae
Blacktail shiner	Cyprinella venusta	Cyprinidae
Bleeding shiner	Luxilus zonatus	Cyprinidae
Bluegill	Lepomis macrochirus	Centrarchidae
Bluntnose minnow	Pimephales notatus	Cyprinidae
Bluntnose darter	Etheostoma chlorosoma	Percidae
Cardinal shiner	Luxilus cardinalus	Cyprinidae
Carp	Cyprinus carpio	Cyprinidae
Channel catfish	Ictalurus punctatus	Ictaluridae
Creek chubsucker	Erimyzon oblongus	Catostomidae
Creole darter	Etheostoma collettei	Percidae
Current River darter	Etheostoma uniporum	Percidae
Drum	Aplodinotus grunniens	Sciaenidae
Dusky darter	Percina sciera	Pericidae
Duskystripe shiner	Luxilus pilsbryi	Cyprinidae
Emerald shiner	Notropis atherinoides	Cyprinidae
Fantail darter	Etheostoma flabellare	Percidae
Flier	Centrarchus macropterus	Centrarchidae
Freckled madtom	Noturus nocturnus	Ictaluridae
Gizzard shad	Dorosoma cepedianum	Clupeidae
Golden redhorse	Moxostoma erythrurum	Catostomidae
Redfin pickerel	Esox americanus	Esocidae
Gravel chub	Erimystax x-punctatus	Cyprinidae
Green sunfish	Lepomis cyanellus	Centrarchidae
Greenside darter	Etheostoma blennioides	Percidae
Largemouth bass	Micropterus salmoides	Centrarchidae
Longear sunfish	Lepomis megalotis	Centrarchidae
Longnose darter	Percina nasuta	Percidae
Madtoms	Noturus sp.	Ictaluridae
Mosquitofish	Gambusia affinis	Poeciliidae
Northern hogsucker	Hypentelium nigricans	Catostomidae
Northern studfish	Fundulus catenatus	Fundulidae
Orangebelly darter	Etheostoma radiosum	Percidae
Orangebelly darter	Etheostoma radiosum	Percidae
Orangethroat darter	Etheostoma spectabile	Percidae
Ozark madtom	Noturus albater	Ictaluridae
Ozark minnow	Notropis nubilus	Cyprinidae
Pirate perch	Aphredoderus sayanus	Aphredoderidae
Pugnose minnow	Opsopoeodus emiliae	Cyprinidae
Rainbow darter	Etheostoma caeruleum	Percidae
Redfin darter	Etheostoma whipplei	Percidae
Redfin shiner	Lythrurus umbratilis	Cyprinidae
Ribbon shiner	Lythrurus fumeus	Cyprinidae
"Rock basses"	Ambloplites sp.	Centrarchidae
Scaly sand darter	Ammocrypta vivax	Percidae
Shadow bass	Ambloplites ariommus	Centrarchidae
Slender madtom	Noturus exilis	Ictaluridae
Slough darter	Etheostoma gracile	Percidae
Smallmouth bass	Micropterus dolomieu	Centrarchidae
Smallmouth buffalo	Ictiobus bubalus	Catostomidae
Southern redbelly dace	Chrosomus erythrogaster	Cyprinidae
Spotted bass	Micropterus punctulatus	Centrarchidae
Spotted sucker	Minytrema melanops	Catostomidae
Spotted sunfish	Lepomis punctatus	Centrarchidae
Spotted gar	Lepisosteus oculatus	Lepisosteidae
Strawberry River darter	Etheostoma fragi	Percidae
Striped shiner	Luxilus chrysocephalus	Cyprinidae
Tadpole madtom	Noturus gyrinus	Ictaluridae
Warmouth	Lepomis gulosus	Centrarchidae
Wedgespot shiner	Notropis greenei	Cyprinidae
Whitetail shiner	Cyprinella galactura	Cyprinidae
Yellow bullhead	Ameiurus natalis	Ictaluridae

RULE 2

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

Extraordinary Resource Waters

Stream Name	Ecoregion	Plate
Alum Fork Saline River	Ouachita Mountains	OM-2
Archey Creek	Boston Mountains	BM-2
Arkansas River	Delta	D-5
Beech Creek	Boston Mountains	BM-3
Big Creek	Arkansas River Valley	ARV-3
Big Creek	Ozark Highlands	OH-4
Big Fork Creek	Ouachita Mountains	OM-1
Big Piney Creek	Boston Mountains	BM-2
Buffalo River	Boston Mountains	BM-1, BM-2
Buffalo River	Ozark Highlands	OH-2, OH-3
Bull Shoals Reservoir	Ozark Highlands	OH-2, OH-3
Cache River	Delta	D-3
Caddo River	Ouachita Mountains	OM-1, OM-2
Cadron Creek	Arkansas River Valley	ARV-2, ARV-3
Caney Creek	Ouachita Mountains	OM-1
Cossatot River	Ouachita Mountains	OM-1
Current River	Ozark Highlands	OH-4
DeGray Reservoir	Ouachita Mountains	OM-2
Devils Fork of Little Red River	Boston Mountains	BM-3
East Fork Cadron Creek	Arkansas River Valley	ARV-2, ARV-3
East Fork Illinois Bayou	Boston Mountains	BM-2
Eleven Point River	Ozark Highlands	OH-4
English Creek	Ozark Highlands	OH-4
Falling Water Creek	Boston Mountains	BM-2
Field Creek	Ozark Highlands	OH-4
Gut Creek	Ozark Highlands	OH-4
Hurricane Creek	Boston Mountains	BM-2
Illinois Bayou	Boston Mountains	BM-2
Kings River	Boston Mountains	BM-1
Kings River	Ozark Highlands	OH-2
Lake Ouachita	Ouachita Mountains	OM-1, OM-2
Lee Creek	Boston Mountains	BM-1
Lick Creek	Boston Mountains	BM-3
Little Missouri River	Ouachita Mountains	OM-1
Little Raccoon Creek	Boston Mountains	BM-3
Little Strawberry River	Ozark Highlands	OH-3
Middle Fork Illinois Bayou	Boston Mountains	BM-2
Middle Fork Little Red River	Boston Mountains	BM-2, BM-3
Middle Fork Saline River	Ouachita Mountains	OM-2
Moro Creek	Gulf Coastal Plain	GC-2
Mountain Fork River	Ouachita Mountains	OM-1
Mulberry River	Arkansas River Valley	ARV-1
Mulberry River	Boston Mountains	BM-1, BM-2
Myatt Creek	Ozark Highlands	OH-3, OH-4
North Fork Cadron Creek	Arkansas River Valley	ARV-2, ARV-3
North Fork Illinois Bayou	Boston Mountains	BM-2
North Fork Saline River	Ouachita Mountains	OM-2
North Sylamore Creek	Ozark Highlands	OH-3
Raccoon Creek	Boston Mountains	BM-3
Richland Creek	Boston Mountains	BM-2
Salado Creek	Boston Mountains	BM-3
Saline River	Gulf Coastal Plain	GC-2, GC-3
Saline River	Ouachita Mountains	OM-2
Second Creek	Delta	D-4
South Fork Caddo River	Ouachita Mountains	OM-1
South Fork Saline River	Ouachita Mountains	OM-2
South Fork Spring River	Ozark Highlands	OH-3, OH-4
Spring River	Ozark Highlands	OH-4
Strawberry River	Delta	D-1
Strawberry River	Ozark Highlands	OH-3, OH-4
Tomahawk Creek	Boston Mountains	BM-3
Turkey Creek	Boston Mountains	BM-3
Two Bayou Prairie	Delta	D-3

Natural and Scenic Waterways

Stream Name	Ecoregion	Plate
Big Piney Creek	Boston Mountains	BM-2*
Brushy Creek	Ouachita Mountains	OM-1
Buffalo River	Boston Mountains	BM-1, BM-2
Buffalo River	Ozark Highlands	OH-2, OH-3
Cossatot River	Ouachita Mountains	OM-1
Hurricane Creek	Boston Mountains	BM-2*
Kings River	Boston Mountains	BM-1
Kings River	Ozark Highlands	OH-2
Little Missouri River	Ouachita Mountains	OM-1
Mulberry River	Arkansas River Valley	ARV-1
Mulberry River	Boston Mountains	BM-1, BM-2
North Sylamore Creek	Ozark Highlands	OH-3*
Richland Creek	Boston Mountains	BM-2*
Saline River	Gulf Coastal Plain	GC-3
Strawberry River	Ozark Highlands	OH-3, OH-4

* As designated in the National Wild and Scenic Rivers System

Ecologically Sensitive Waterbodies

Stream Name	Ecoregion	Plate
Alum Fork Saline River	Ouachita Mountains	OM-2
Archey Creek	Boston Mountains	BM-2
Beech Fork	Boston Mountains	BM-3
Black River	Delta	D-1
Brushy Creek	Ouachita Mountains	OM-1
Caddo River	Ouachita Mountains	OM-1
Caney Creek	Ouachita Mountains	OM-1
Collier Creek	Ouachita Mountains	OM-1
Cossatot River	Ouachita Mountains	OM-1
Current River	Ozark Highlands	OH-4
Departee Creek	Delta	D-1
Devils Fork Little Red River	Boston Mountains	BM-3
Eleven Point River	Ozark Highlands	OH-4
Grassy Lake	Gulf Coastal Plain	GC-1
Illinois River	Ozark Highlands	OH-1
Little Missouri River	Ouachita Mountains	OM-1
Little Raccoon Creek	Boston Mountains	BM-3
Little River	Gulf Coastal Plain	GC-1
Little Strawberry River	Ozark Highlands	OH-3
Lick Creek	Boston Mountains	BM-3
Lick Creek	Ouachita Mountains	OM-1
Mayberry Creek	Ouachita Mountains	OM-2
Middle Fork Little Red River	Boston Mountains	BM-2, BM-3
Middle Fork Saline River	Ouachita Mountains	OM-2
Mill Creek	Ouachita Mountains	OM-1
Missouri River	Gulf Coastal Plain	GC-2
Mountain Fork River	Ouachita Mountains	OM-1
North Fork Saline River	Ouachita Mountains	OM-2
Otter Creek	Ozark Highlands	OH-3
Ouachita River	Ouachita Mountains	OM-1
Ouachita River	Gulf Coastal Plain	GC-2, GC-4
Polk Creek	Ouachita Mountains	OM-1
Robinson Creek	Ouachita Mountains	OM-1
St. Francis River	Delta	D-4
Saline River	Ouachita Mountains	OM-2
Saline River	Gulf Coastal Plain	GC-3
South Fork Caddo River	Ouachita Mountains	OM-1
South Fork Ouachita River	Ouachita Mountains	OM-1
South Fork Saline River	Ouachita Mountains	OM-2
Ten Mile Creek	Ouachita Mountains	OM-2
Raccoon Creek	Boston Mountains	BM-3
Right Hand Chute Little River	Delta	D-2
Rock Creek	Ouachita Mountains	OM-1
Rock Creek	Ozark Highlands	OH-4
South Fork Little Red River	Boston Mountains	BM-2
Spring River	Ozark Highlands	OH-4
Straight Slough	Delta	D-2, D-4
Strawberry River	Ozark Highlands	OH-3, OH-4
Tomahawk Creek	Boston Mountains	BM-3
Turkey Creek	Boston Mountains	BM-3
Various springs & spring-fed tributaries	Ozark Highlands	OH-1, OH-2, OH-3
White River	Boston Mountains	BM-1
Yellow Creek	Gulf Coastal Plain	GC-1

RULE 2

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

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

(A) Describe generally and specifically the state of the existing water quality;

(B) Identify the presence of key and indicator species of fish adapted to flowing water systems and state the extent to which these species are present in the waterbody;

(C) Describe the extent to which water quality and physical habitat, including wetlands, support other plant or animal life and identify the species;

(D) Identify the presence of, and state the extent to which, other wildlife uses are dependent upon the waterbody;

(E) State the extent to which water quality and physical habitat support threatened, endangered, or endemic aquatic or semi-aquatic species and identify those species;

(F) Specify the extent to which the waterbody supports a high diversity of aquatic species and identify the presence and frequency of the species;

(G) Describe and identify the extent to which physical or chemical characteristics of the waterbody provide an unusual or uncommon aquatic habitat;

(H) Describe the extent to which physical or chemical characteristics give the waterbody unusual or unique aesthetic attributes;

(I) Specify the extent of the use of the waterbody for recreation in or on the water, such as fishing, swimming, and boating (including but not limited to canoeing, kayaking, or rafting), or use of the waterbody for commercial activity, including tourism;

(J) Identify and describe the intangible social values associated with the free flowing characteristics of the waterbody;

(K) Identify the presence and location of gorges, rapids, waterfalls, or other significant geologic features;

(L) Identify the presence and location of scenic areas and sites potentially impacted by the reservoir;

(M) Identify the presence and location of rare and/or irreplaceable natural areas potentially impacted by the reservoir;

(N) Identify the presence and location of known archeological sites potentially impacted by the reservoir;

(O) Identify the presence and location of historic resources potentially impacted by the reservoir;

(P) Delineate the extent to which the waterbody is located within the boundaries of, flows through, or is adjacent to state or federal forest land, parks, natural areas, nature preserves, refuges, or wildlife management areas;

(Q) Describe the extent to which the waterbody is used for educational, scientific, or research purposes;

(R) Identify the waterbody's use or potential use as an ecoregion reference stream;

(S) Describe the land uses, and the geographical extent of each, occurring within the watershed;

(T) Identify the presence and location of all permitted point sources discharging to the waterbody;

(U) Identify the presence and location of existing alterations, diversions or manmade impoundments; and

(V) Provide the frequency of occasions when there is no natural flow in the waterbody, and the Q7-10 flow values for the waterbody.

RULE 2

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

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

(A) Location - The waterbody is within the boundaries of or flows through or is adjacent to state or federal forest land, parks, natural areas, nature preserves, refuges, or wildlife management areas, or the watershed may include remote, primitive, or relatively undeveloped areas;

(B) Existing water quality - pristine, naturally-occurring, or unique;

(C) Ecological value - The presence of water quality and physical habitat that supports threatened, endangered, or sensitive species, the presence of any threatened, endangered, or sensitive species, and/or water quality that supports an exceptional high diversity of aquatic species (fish or benthic macroinvertebrates) as categorized by an appropriate index of biological integrity (IBI) protocol;

(D) Presence of physical or chemical characteristics that provide an unusual or uncommon aquatic habitat;

(E) Special attributes of the waterbody that make it an outstanding resource, including but not limited to the presence of archeological sites, historical sites, or rare or valuable wildlife habitat;

(F) Aesthetic Value- the presence of scenic areas or sites or scenic beauty resulting from natural features of the basin such as flow, topography, geology, ecology, physiography (i.e., waterfalls, gorges, rapids, or other special features), or the presence of characteristics giving the waterbody unique or unusual attributes;

(G) Recreational Value- Use of the waterbody for:

(1) Fishing, rafting, kayaking, camping, family outings, backpacking, bird watching, etc.,

(2) Presence of hiking trails or scenic road or highway alongside, and

(3) Attracting tourism;

(H) Use of the waterbody for educational, scientific, or research purposes;

(I) Presence of rare and/or irreplaceable natural areas; and

(J) Impacts the designation may have on current uses, upstream users, downstream users, and potential future uses of the waterbody or waterbody segment.

118.01.22 Ark. Code R. 002

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