PUBLIC NOTICE OF DRAFT DISCHARGE PERMIT AND 208 PLAN
PERMIT NUMBER AR0000591, AFIN 70-00039
In accordance with Ark. Code Ann. § 8-4-203(e), the Arkansas Department of Energy and Environment (E&E) Division of Environmental Quality (DEQ), Office of Water Quality, gives the following notice:
Martin Operating Partnership L.P. operates a facility located at 484 East 6th Street, Smackover, AR 71762 in Union County. The facility is currently permitted to discharge treated process wasterwater from Outfall 001 into Smackover Creek, thence to the Ouachita River and stormwater runoff from Outfalls 002 and 003 into streams as follows:
Outfall 002: an unnamed tributary, thence to Holmes Creek, thence to Smackover Creek, thence to the Ouachita River
Outfall 003: an unnamed tributary, thence to Holmes Creek, thence to Smackover Creek, thence to the Ouachita River in Segment 2D of the Ouachita River Basin. Martin Operating Partnership L.P. submitted an application on June 30, 2023, with all additional information received by July 7, 2023, for the renewal of NPDES Permit No. AR0000591. The application has been reviewed by DEQ’s Office of Water Quality and has received tentative approval subject to the terms of this notice.
The 208 Plan, developed by DEQ under provisions of Section 208 of the federal Clean Water Act, is a comprehensive program to work toward achieving federal water goals in Arkansas. The initial 208 Plan, adopted in 1979, provides for annual updates, but can be revised more often if necessary. The following updates to the 208 Plan are being made. These changes have also been incorporated into the draft discharge permit.
1. Update the facility flow from 0.238 MGD to 0.440 MGD during May-October.
2. Update the facility flow from 0.297 MGD to 0.514 MGD during November-April.
3. Update the CBOD5 monthly average limit from 30 mg/L to 20 mg/L during November-April based on updated dissolved oxygen model using updated facility flow.
4. Update the NH3-N monthly average limit from 15 mg/L to 10 mg/L during November-April based on updated dissolved oxygen model using updated facility flow.
Citizens wishing to examine or obtain copies of the permit application, the draft permitting decision, the fact sheet, or the 208 Plan, may do so at E&E headquarters located at 5301 Northshore Drive, North Little Rock, AR 72118-5317. To request a copy of one or more of the documents, please call (501) 682-0622. For those with internet access, a copy of the proposed draft permit, as well as the publication date, may be found on DEQ’s website at: https://www.adeq.state.ar.us/water/permits/drafts_pn.aspx
Comments on the draft permit will be accepted in accordance with Pollution Control and Ecology Commission (PC&EC) Rule 8.208, codified at 8 CAR § 11-208. DEQ’s contact person for submitting written comments on the draft permit, or 208 Plan, or requesting a public hearing on the draft permit, or the proposed changes to the 208 Plan, is Zachary Carroll, at the above address and telephone number, or by email at EE.WaterComment@arkansas.gov.
The period for submitting comments on the draft permit, or 208 Plan, and for requesting a public hearing, shall begin on the date of publication of the public notice, and end at 5:00 p.m. (Central Time) on the 30th day after the publication date. If the last day of the comment period is a Saturday, Sunday, or legal holiday, the public comment period shall expire on the next day that is not a Saturday, Sunday, or legal holiday. For information regarding the actual publication date along with the actual date and time the comment period will end, please contact Zachary Carroll at the above address and telephone number or by email at EE.WaterComment@arkansas.gov. Public notice, comments, and hearings will be conducted in accordance with Rules. 6.104(A)(5) [40 C.F.R. §§ 124.10 through 124.12 by reference] and 8.207 through 8.210 (Administrative Procedures), codified at 8 CAR § 25-104 and 8 CAR §§ 11-207 through 210. All persons, including the permittee, who wish to comment on DEQ’s draft permitting decision must submit written comments to DEQ, along with their name and mailing address. A public hearing will be held when DEQ finds a significant degree of public interest. After the public comment period, DEQ will issue a final permitting decision. DEQ will notify the applicant and each person who has submitted written comments or requested notice of the final permitting decision. Any interested person who has submitted comments may appeal a final decision by DEQ in accordance with the PC&EC Rule 8, codified at 8 CAR Part 11.
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