| Dear Stakeholders, The Clean Water Act (CWA) Section 303(d) requires states to compile and submit for approval to the Environmental Protection Agency (EPA), a list of waterbodies not meeting water quality standards (303(d) list). EPA has reviewed the 2020 303(d) list of impaired waters for the State of Arkansas and on September 28, 2023, issued a response that partially approved and disapproved Arkansas’ list. EPA approved the Department of Energy and Environment – Division of Environmental Quality (DEQ)’s proposed new listings and de-listings in Arkansas’ 2020 303(d) list. However, EPA proposed adding seven waterbody-pollutant pairs to Arkansas’ 2020 303(d) list of impaired waters. DEQ does not agree with these proposed listings and considers it an “overlisting.” DEQ met with EPA in February 2024 and subsequently provided supplemental data and analysis to rebut EPA’s overlisting. EPA will public notice its decision in the Federal Register, on or about June 20, 2024, and provide the public with an opportunity to review comment on the decision during a 30-day public comment period. EPA is required to consider all public comments received within the public comment period before issuing its final action regarding the seven waterbody-pollutant pairs. EPA’s record of decision states EPA’s purported basis for its proposed action. See the record of decision for more information. For more information about the 2020 303(d) list, please visit the Division of Environmental Quality website at https://www.adeq.state.ar.us/water/planning/integrated/303d/list.aspx. |
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