Triennial Review Process

The Clean Water Act requires that ADEQ review its water quality standards (Regulation 2) every three years, at least. The triennial review process, outlined below, must be followed.

  1. Governor’s Review – The rulemaking is sent to the Governor’s Office for review.
  2. Petition the Commission – ADEQ petitions the Arkansas Pollution Control and Ecology Commission (APC&EC) to adopt revisions proposed by the ADEQ Water Quality Planning Branch. These revisions may be necessary because of new scientific information or simply to correct things like typographical errors.
  3. Public Notice – Regulation 8 requires that information about the proposed revisions be published in newspapers with statewide circulation. Copies of the proposed regulation are made available at ADEQ headquarters and at local public libraries.
  4. Public Hearings – Public hearings are held across Arkansas to gather public input on the proposed revisions. The hearing is held at least 20 days after the date of public notice. During these hearings, written and oral comments concerning the proposed revisions are accepted and entered into the public record.
  5. Public Comment Period – The public comment period will extend at least ten days beyond the public hearing, and written comments will continue to be accepted and entered into public record during this period.
  6. Responsive Summary – ADEQ must read and publicly respond to all comments received during the public comment period. This response, Responsive Summary, is published on ADEQ's website.
  7. Update Governor’s Office – The final draft of Regulation No. 2 is sent to the governor's office for review if substantive changes were made based on public comment.
  8. Legislative Approval – The draft Regulation 2 is then sent to two legislative committees for review: Public Health, and Rules and Regulations.
  9. Commission Adoption – After Legislative review and approval , the final draft of the regulation is sent to APC&EC to be adopted.
  10. EPA Approval – The final draft is then sent to U.S. EPA for final approval. The regulation may be used for Clean Water Act purposes only after EPA approval.

For additional information concerning the Public Notice, Public Hearing, and other aspects of the rulemaking process, refer to APC&EC Regulation 8: Administrative Procedures, Chapter 8.

ADEQ and third parties may petition the APC&EC to amend water quality standards at any time; they do not have to wait for the triennial review process. Typically this is done through a Use Attainability Analysis, Water Effects Ratio, or Environmental Improvement Project.