Proposed Changes to Regulation 2

APC&E Commission Docket #99-004-R

3rd Party Request Submitted by
Meridian Aggregates

Regulation 2 - Regulation Establishing Water Quality Standards for Surface Waters of the State of Arkansas

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Executive Summary

MAC Acquisition, L.P. d/b/a Meridian ("Meridian"), is requesting a modification of the Arkansas Water Quality Standards (WQS), Regulation No. 2 of the Arkansas Department of Pollution Control and Ecology (ADPC&E) in relation to dissolved minerals for Stennitt Creek (from the confluence with Brushy Creek downstream to the confluence with the Spring River).

Meridian is requesting that the WQS for Stennitt Creek (from the confluence with Brushy Creek downstream to the confluence with the Spring River) be amended by removing the current domestic water supply use, and by increasing the total dissolved solids ("TDS") protective criteria from 240 mg/l to 456 mg/l.

Meridian owns a limestone quarry and aggregate processing facility located near Black Rock, Arkansas in Lawrence County. The quarry discharges from a settling pond into Stennitt Creek from one Outfall (001) as authorized under its NPDES Permit No. AR0047198. Stennitt Creek is a second order tributary of the Spring River in northeast Arkansas. The existing treatment system consists of two settling lagoons. The primary lagoon is approximately 25 feet by 75 feet by 8 feet deep in size. The second lagoon is approximately two surface acres by 40 feet deep in size. The water to be discharged from Outfall 001 is pumped from the second lagoon. The sources of water entering the settling basin are storm water, process water used for crushed rock washing, and ground water that leaches into the quarry. Discharge from Outfall 001 is intermittent, predicated primarily on the volume of storm water reaching the second lagoon and the need to retain lagoon capacity.

Pursuant to Section 4(G) of the WQS and the AGD, the modification request is supported by the following:

1) The requested modifications are needed to bring the WQS into line with historical conditions;

2) The designated domestic water supply use is not an existing use of Stennitt Creek, as documented by the Arkansas Department of Health (ADH);

3) The removal of the designated domestic water supply use on Stennitt Creek will not conflict with the Arkansas Water Plan, as documented by the Arkansas Soil and Water Conservation Commission; and

4) An aquatic life use exists and can be maintained in the receiving streams, as documented by a comparison of upstream/downstream bioassessments.

Notice of Public Hearing on Proposed Changes

The Arkansas Pollution Control and Ecology Commission will hold a public hearing at Black Rock, Arkansas, July 20, 1999, to receive comments on proposed changes to Commission Regulation No. 2 (the Arkansas Water Quality Standards) which have been requested by Mac Acquisitions, L.P., doing business as Meridian. The hearing will begin at 7:00 p.m. in the Black Rock School Cafetorium, 257 North St. Joseph Avenue.

Sections 3.4.1 through 3.4.4 of Commission Regulation No. 8, and Arkansas Statute 8-4-202 (c) provide that outside parties may petition the Commission to initiate the rulemaking process to adopt or amend regulations under the Commission’s jurisdiction. Arkansas Statute 8-4-201 (3) authorizes the Commission to adopt water quality standards for the State of Arkansas.

The fact that the Commission has agreed to initiate such rulemaking procedures does not constitute an endorsement of the third-party proposal. The Commission will decide whether to adopt the proposed changes after the conclusion of the public comment period and after Meridian and the Arkansas Department of Environmental Quality (ADEQ) respond to all public comments submitted.

Meridian operates a limestone quarry and aggregate processing facility near Black Rock in Lawrence County. The quarry discharges from a settling pond into Stennitt Creek under provisions of Permit No. AR0047198 issued by the ADEQ. Meridian’s petition requests that Regulation No. 2 be amended for Stennitt Creek from its confluence with Brush Creek downstream to its confluence with the Spring River as follows: Removal of the current designated, but not existing, domestic water supply use for Stennitt Creek, and an increase in the water quality standard for total dissolved solids (TDS) from the current 240 milligrams per liter (mg/l) to 456 mg/l.

Detailed copies of the proposed changes, along with support documents, are available for public inspection at the ADEQ’s Building F, 8000 National Drive, Little Rock; in the Black Rock City Hall, 491 Elm Street, and in public libraries at Walnut Ridge, 1315 West Main Street; Jonesboro, 315 West Oak; and Pocahontas, 121 East Everett. In addition, summary information concerning the proposed revisions is available for public inspection at the ADEQ’s Building F, in public libraries at Arkadelphia, Batesville, Blytheville, Camden, Clinton, Crossett, El Dorado, Fayetteville, Forrest City, Fort Smith, Harrison, Helena, Hope, Hot Springs, Little Rock, Magnolia, Mena, Monticello, Mountain Home, Russellville, Searcy, Stuttgart, Texarkana, and West Memphis; in campus libraries at the University of Arkansas at Pine Bluff and the University of Central Arkansas at Conway; and in the Arkansas State Library located on the State Capitol grounds at Little Rock. Information concerning the proposed changes also can be viewed at the Arkansas Department of Environmental Quality’s web site at www.adeq.state.ar.us

Oral and written comments on the proposed revisions will be accepted at the hearing, but written comments are preferred in the interests of accuracy. In addition, written comments will be accepted if received no later than 4:30 p.m. August 3, 1999. Written comments should be sent to Doug Szenher, Public Outreach supervisor, Department of Environmental Quality, P.O. Box 8913, Little Rock, AR 72219-8913. Also, E-mail comments will be considered if submitted by the 4:30 p.m., August 3, 1999, deadline to: reg-comment@adeq.state.ar.us

Dated this 4th day of June, 1999,

Randall Mathis, Director,
Department of Environmental Quality

Arkansas Pollution Control and Ecology (APC&EC) Commission Minute Order

On May 14, 1999, Mac Acquisitions, L.P. d/b/a Meridian ("Meridian") filed a Petition to Initiate Third Party Rulemaking to Amend Regulation No. 2, Water Quality Standards ("Petition"). Pursuant to Ark. Code Ann. § 8-4-202(c) (Repl. 1993), the Arkansas Pollution Control and Ecology Commission ("Commission") has sixty (60) days in which to either institute rulemaking proceedings or to give written notice denying the petition for rulemaking.

The Commission’s Regulations Committee met in May to review Meridian’s Petition. Having considered the Petition, the Regulations Committee recommends the Commission institute a rulemaking proceeding to consider adopting the proposed revisions to Regulation No. 2. The Regulations Committee also proposes adoption of the following procedural schedule so consideration of this matter may proceed in an efficient and orderly manner.

1. Meridian and the Arkansas Department of Environmental Quality ("ADEQ"), shall file an original and two (2) copies of all materials required under this Minute Order. Each party shall serve the other with the materials filed. This requirement does not apply to transcripts.

2. Persons submitting written public comments shall submit their written comments to the ADEQ. Within ten (10) business days following the adoption or denial of the proposed rule, the ADEQ shall deliver the originals of all comments to the Commission Secretary.

3. Meridian has filed with its Petition a red-lined version of each section of Regulation No. 2 which will be amended by the proposed rule.

4. Meridian has submitted to the ADEQ’s public outreach office, the following:

a. A proposed public notice to be used in mailing notice to interested persons, for publishing in newspapers, and for publishing in appropriate industry, trade, or professional publications as the Commission may select. The proposed public notice may, in the ADEQ’s discretion, be approved for use or the ADEQ may choose to prepare its own public notice. The public notice shall conform to the requirements of Regulation No. 8, Part 3, Section 3.1.3. The public notice shall be published not later than 45 days prior to public hearing. By agreement, Meridian shall pay the costs of the newspaper publications and the costs of the appropriate industry, trade, or professional publications chosen by the Commission. Meridian shall file only the original proof of publication with the Commission. The ADEQ shall be responsible for mailing the public notice to all persons who have requested advance notice of rulemaking proceedings and the cost of the mailing.

b. Sixty-five (65) copies of an executive summary of the proposed rulemaking.

c. Thirty bound copies of the Petition and all supporting documentation.

5. A public hearing or hearings shall be conducted between July 19 and 23, 1999 in Lawrence County, Arkansas. The exact date, time, and location of the public hearing will be determined by the ADEQ’s Public Outreach office.

6. The period for receiving all written comments by the public, Meridian and the ADEQ shall conclude ten (10) business days after the date of the public hearing pursuant to Regulation No. 8, Part 3, Section 2.2.3, unless an extension of time is granted.

7. Meridian and the ADEQ shall each file, not later than August 10, 1999 a Statement of Basis and Purpose and Responsiveness Summary as required by Regulation No. 8, Part 3, Section 3.6.2 (1), (2) and (3).

8. Meridian and the ADEQ shall each file not later than August 10, 1999 a proposed Minute Order deciding the matter.

9. The ADEQ shall seek review of the proposed rule from the Joint Interim Committee on Public Health and Welfare and/or from the Joint Interim Committee on Administrative Rule and Regulations.

10. The Regulations Committee will consider this matter at its August, 1999 meeting. Members of the Regulations Committee may ask questions of any persons that made oral or written comments. The Regulations Committee will make a recommendation to the Commission.

11. At the Commission's regularly scheduled August, 1999 meeting, the presentation of oral statements and legal arguments will be regulated as follows:

a. The Chair of the Commission will permit members of the public to make a statement to the Commission. No more than three (3) minutes will be allowed for each statement. The period for statements will close at the end of one (1) hour, or sooner if all interested persons have completed their statements. At the discretion of the Chair, the one (1) hour oral statement period may be extended.

b. At the discretion of the Chair, an attorney representing one or more individuals, a corporation or other legal entity may be permitted five (5) minutes in which to address the Commission.

c. Legal counsel or other designated persons representing Meridian and the ADEQ shall be permitted ten (10) minutes in which to address the Commission.

d. At the conclusion of all statements, the Chair will call on each Commissioner for the purpose of asking the attorneys or persons sponsoring statements who are present, any questions they may have. Attorneys will not be permitted to respond or ask follow-up questions of any person questioned by a Commissioner.

After each Commissioner has had an opportunity to ask questions, the Chair will entertain a motion on the matter, allow discussion, and call for a vote of the Commission members.

12. If Meridian desires a transcript of the public hearing, Regulation Committee meeting, and Commission meetings, or if required by the Commission, Meridian agrees to pay all costs for the preparation of a transcript of the public hearing, Regulation Committee meetings and Commission meetings which concern this docket and occur after the adoption of this Minute Order. If a transcript of the rulemaking proceedings is required, the court reporter will be employed by Meridian, and the court reporter shall deliver the original transcript to the Commission Secretary.

13. The Commission authorizes the Chair of the Regulations Committee, in consultation with the Chair of the Commission, to revise the procedures and schedules set out above.

The Commission accepts the recommendation of the Regulations Committee and initiates the rulemaking proceeding in this docket.
The Commission adopts, without modification, the procedural schedule set forth above.