8 CAR pt. 21, Appendix B. Environmental Improvement Project

As Engrossed S2/21/97 HB1563 B-1 ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION 1 2 3 4 5 6 8 CAR PT. 21 7 APPENDIX B 8 9 10 Environmental Improvement Project 11 12 13 14 As Engrossed S2/21/97 HB1563 B-2 1 APPENDIX B: ENVIRONMENTAL IMPROVEMENT PROJECT 2 Stricken language would be deleted from present law. Underlined language would be added to present law 3 State of Arkansas As Engrossed: S2/21/97 4 81st General Assembly A Bill ACT 401 OF 1997 5 Regular Session, 1997 HOUSE BILL 1563 6 7 By: Representatives Sheppard, Wallis, Lancaster, Johnson, and Horn 8 By: Senator Mahony 9 10 For An Act To Be Entitled 11 "AN ACT TO ENCOURAGE LONG-TERM ENVIRONMENTAL PROJECTS; AND 12 FOR OTHER PURPOSES." 13 14 Subtitle 15 "AN ACT TO ENCOURAGE LONG-TERM 16 ENVIRONMENTAL PROJECTS." 17 18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 20 SECTION 1. Legislative Findings and Intent. 21 The General Assembly hereby finds that many areas of the state would benefit from long- 22 term environmental remediation projects that significantly improve the effects caused by industrial 23 or extractive activities. However, commitments by private enterprise to remedy such damages are 24 discouraged by the prospect of civil liability based upon rigid application of state water quality 25 standards to the enterprises activities. The purpose of this act is to preserve the states approach to 26 establishing water quality standards, while also encouraging private enterprises to make significant 27 improvements to closed or abandoned sites that are of such magnitude that more than three (3) 28 years will be required to complete the project. 29 30 SECTION 2. Definitions and Applicability. 31 For the purposes of this act: 32 (1) "Long-term Improvement Project" or "Project" means any remediation or 33 reclamation project at closed or abandoned: 34 (A) Mineral Extraction Sites; 35 (B) Solid Waste Management Units as defined pursuant to the Arkansas 36 Hazardous Waste Management Act; 37 (C) Oil and Gas Extraction Sites; 38 (D) Brownfield Sites as defined in Act 125 of 1995 or as may be amended; and 39 (E) Hazardous Substance Sites listed on the National Priority List (42 U.S.C. 40 Section 9605), or State Priority List (Arkansas Code 8-7-509(e), or as may be amended. 41 (2) "Water Quality Standard" means standards developed through administrative 42 rulemaking by the Commission; 43 (3) "Commission" means the Arkansas Pollution Control and Ecology Commission; and 44 (4) "Department" means the Arkansas Department of Pollution Control and Ecology. 45 As Engrossed S2/21/97 HB1563 B-3 SECTION 3. Procedures for approval of environmental projects, contents of 1 applications, and public notice. 2 (a) A petitioner seeking approval of a change in water quality standards to accommodate 3 a long-term environmental improvement project shall file with the Department a Notice of Intent, 4 which includes as a minimum: 5 (1) A description of the water body or stream segment affected by the project; 6 (2) The existing ambient water quality for the use of criteria at issue; 7 (3) The affected water quality standard; 8 (4) The modifications sought; 9 (5) The proposed remediation activities; 10 (6) A proposed Remediation Plan, which shall contain: 11 (A) A description of the existing conditions, including identification of the 12 conditions limiting the attainment of the water quality standards; 13 (B) A description of the proposed water quality standard modification, both 14 during and post project; 15 (C) A description of the proposed remediation plan; and 16 (D) The anticipated collateral effects, if any, of the Remediation Plan; and 17 (7) A schedule for implementing the Remediation Plan that ensures that the post 18 project water quality standards are met as soon as reasonably practicable. 19 (b) The department shall cause notice of the proposed project and associated water quality 20 standard changes described in subsection (a) to be published for public notice and comment in the 21 same manner as provided for permit applications in Arkansas Code 8-4-203(b), and shall advise 22 the public that the details of the proposed project are available for public review. 23 (c) After considering comments from the public, the department shall notify the petitioner 24 as to whether the proposed project is approved or denied. The department may deny approval of 25 a project if it reasonably concludes that the plan is not complete, the plan is not technically sound, 26 the schedule is unrealistic, the plan will not have an overall beneficial effect for the environment, 27 or other appropriate reasons. Any department determination on the approval or denial of a project 28 is subject to the appeal procedures applicable to permitting decisions set out in Arkansas Code 8- 29 4-205. 30 (d) Upon approval of the project for further development, the petitioner shall prepare 31 documentation required for third-party rulemaking by Arkansas Code 8-4-202 and established in 32 administrative procedures. 33 34 SECTION 4. Modification of Water Quality Standards. 35 (a) The commission may approve a modification where the water quality standard is not 36 being maintained due to conditions which may, in part or in whole, be corrected through the 37 implementation of long-term measures. The commission shall establish such subcategory of use 38 and modify such general and specific standards as it deems appropriate to reflect such modification 39 while ensuring that the fishable/swimmable use is maintained. In all water quality standard 40 changes associated with long-term environmental projects, the remedial action plan described in 41 subsection (a) of Section 3 of this act shall be incorporated by reference in the statement of basis 42 and purpose of the rule and shall be considered an essential condition of the modified water quality 43 standard. 44 (b) Once the commission approves a water quality standard modification, the department 45 shall ensure that conditions and limitations designed to achieve compliance with the plan are 46 As Engrossed S2/21/97 HB1563 B-4 established in applicable discharge permits, consent administrative orders, or such other 1 enforcement measures deemed appropriate by the department. The department may allow 2 modifications by the petitioner to the remediation plan and schedule as is deemed appropriate, 3 provided that any such modifications to the original remedial action plan shall not render the 4 project significantly less protective of the applicable use subcategory. Should the department find 5 that the petitioner is not acting in good faith to complete the project in accordance with the 6 approved plan, applicable and appropriate enforcement authority may be exercised subject to 7 appeal to the commission. 8 (c) The department or the petitioner shall report annually to the commission on the 9 progress of the project. 10 11 SECTION 5. Project Completion. 12 At the end of the project the post project water quality standards shall be in full force and 13 effect. 14 15 SECTION 6.All provisions of this act of a general and permanent nature are amendatory 16 to the Arkansas Code of 1987 Annotated and the Arkansas Code Revision Commission shall 17 incorporate the same in the Code. 18 19 SECTION 7. If any provision of this act or the application thereof to any person or 20 circumstance is held invalid, such invalidity shall not affect other provisions or applications of the 21 act which can be given effect without the invalid provision or application, and to this end the 22 provisions of this act are declared to be severable. 23 24 SECTION 8. All laws and parts of laws in conflict with this act are hereby repealed. 25 26 27 28 /s/Sheppard et al 29 APPROVED: 3-07-97 30 31