8 CAR § 21-306. Procedures 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

(a) This procedure is applicable in those cases where the Arkansas Pollution Control and Ecology 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. (b)(1) 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. (2) 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; and (C) Documentation that the use being removed is not an existing use and that all other designated uses will be protected. (c)(1) Modifications made pursuant to this section may be required to be rejustified for continued support. (2) 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. (d) Any waterbody on which such alterations are approved will be so listed in Appendix A with the applicable changes noted.