Arkansas Division of Environmental Quality/Office of Water Quality Update: Stacie Wassell (Deputy Associate Director) Arkansas Environmental Federation Convention Presentation

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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Ms. Stacie Wassell undertook a presentation on October 6th at the Arkansas Environmental Federation Convention titled:

Office of Water Quality Update (“Presentation”)

Ms. Wassell serves as the Deputy Associate Director of the Arkansas Department of Energy & Environment – Division of Environmental Quality’s (“DEQ”) Office of Water Quality (“OWQ”).

The Presentation addressed under the topic of permitting:

  • ERule (40 C.F.R. Part 127)
    • Electronic reporting of information (December 21, 2025)
    • NPDES permittees, facilities, and entities must electronically submit their NPDES information unless a waiver is granted.
  • Eportal
    • Permit Applications
    • Permitting Process
    • Pretreatment Reports
  • Electronic Payment
    • Active for short-term activity authorizations and all general permits (NPDES and ND)
    • Individual No Discharge coming soon

The steps for signing up for eportal were also addressed.

Compliance statistics included:

  • Inspections
    • Federal FY2022 (9/30): Completing inspection reports.
    • Federal FY2023 (10/1): Begin working towards 2023 compliance objectives.
  • Inspectors
  • Current: 15 (Inspectors and Supervisors).
  • Vacancies: 4

The discussion of enforcement and licensing noted:

  • Significant noncompliance
    • Effluent Violations
    • Late Discharge Monitoring Reports
    • Failure to Submit Reports
  • Eportal
    • Hours Submittal Form
    • Exam Application
    • License Renewal Form
  • Orders
    • 2022 Consent Administrative Orders (61)
    • 2022 Amended Consent Administrative Orders (14)

Planning topics included:

  • Arkansas Pollution Control and Ecology Commission Rule 2
    • 2020 Triennial Review
    • 2023 Triennial Review
  • Clean Water Act Section 303(d) List
    • 2020 List
    • 2022 Assessment
    • Additional sampling (604[b])
  • Field Work
    • 2022: Boston Mountain ecoregion
    • 2023: Ozark Mountain ecoregion
    • Pine Bluff Lead Study (604{b])

The DEQ water laboratory was addressed with the Presentation noting:

  • Accreditation (April 2022)
  • Water Quality Samples
    • Average 40 to 60 samples per week.
    • Alkalinity, Ammonia, Anions (Bromide, Fluoride, Chloride, Sulfate), BOD/CBOD, COD, Conductivity, E. coli, FCB, Hardness, Nitrate+Nitrite, Orthophosphate, pH, TDS, TKN, TOC/DOC, TP, TS, TSS, Turbidity, Metals
  • Laboratory Data Audits (Noting inspectors making requests at time of inspection)

The topic of PFAS in terms of federal activities was noted and included:

  • EPA PFAS Strategic Road
  • Draft Recommended Freshwater Aquatic Life Water Quality for PFOA and PFOS
  • Arkansas activities were noted to include:
    • Identify potential sources of PFAS
    • Identify waters of the state potentially receiving discharges containing PFAS
    • Sample surface waters

Challenges for OWQ were stated to include:

  • Hiring and retaining qualified team members
  • Limited positions to carry out all OW duties
  • Funding to support OWQ activities
  • Funding for capital equipment purchase and replacement

A copy of the slides from the Presentation can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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