Rule No. 6: Rules for State Administration of the National Pollutant Discharge Elimination System (NPDES)

The Department of Energy and Environment’s Arkansas Pollution Control and Ecology Commission and the Division of Environmental Quality (DEQ) propose this rulemaking to modify Regulation 6: Regulations for State Administration of the National Pollutant Discharge Elimination System (NPDES). The commission has general rulemaking authority through Ark. Code Ann. § 8-1-203(b)(1)(A), and specific authority to promulgate this rule through Ark. Code Ann. § 8- 4-202(a).

A public hearing was held on August 26, 2024. The public comment period was set to expire on September 5, 2024, however, the comment period was extended by the agency and ultimately expired on September 16, 2024. The agency provided a summary of public comments it received and its responses thereto. Due to its length, that summary is attached separately. Jason Kearney, an attorney with the Bureau of Legislative Research, asked the following questions and was provided with the following agency responses: 1) Will the agency still recognize the NPDES financial assurance exceptions which were removed from Sections 6.205(B) and (D) of the amended rules, and those which are enumerated in Arkansas Code 11 Annotated § 8-4-203(b)(1)(C), as amended by Act 46 of 2023? RESPONSE: Yes. 2) What was the agency’s reasoning for amending the permit restrictions under Section 6.602 of the proposed rules, which concerns the Buffalo National River Watershed? RESPONSE: The amendments to Section 6.602 do not change the current permit restrictions under that section. The amendments reflect the movement of the permitting program for Liquid Animal Waste Management Systems to Department of Agriculture. In add

• Rule packet: B.5.a DEE DEQ Rule 6 Rules for State Admin of the NPDES and Act 46 of 2023
• Public comments: B.5.a.PC DEE DEQ Public Comment Summary_Rule 6 Rules for State Admin of the NPDES
• ALC summary agenda Jun 19, 2025
• ALC agenda Jun 19, 2025
• ALC meeting video Jun 19, 2025
• ALC summary agenda May 21, 2025
• ALC agenda May 21, 2025
• ALC meeting video May 21, 2025
• Arkansas Register, July 2025