StrickenHall languageof wouldthe beHouse deletedof fromRepresentatives and93rd underlinedGeneral languageAssembly would- beRegular addedSession, to2021 presentAmendment law.Form ______________________________________________________________________ Subtitle of House Bill No.

State1261 ofTO ArkansasAMEND AsTHE Engrossed:LAW CONCERNING THE STATE WATER POLLUTION CONTROL AGENCY;

H2/1/21 93rd General Assembly A Bill Regular Session, 2021 HOUSE BILL 1261 5 By:

Representative Ladyman By:

Senator L.

Eads 8 For An Act To Be Entitled AN ACT TO AMEND THE LAW CONCERNING THE STATE WATER POLLUTION CONTROL AGENCY;

TO AUTHORIZE THE STATE WATER CONTROL AGENCY TO SEEK AND ACCEPT DELEGATION OF THE PERMITTING PROGRAM FOR SECTION 404 OF THE FEDERAL CLEAN WATER ACT ACTIVITIES AND ADMINISTER THAT PERMITTING PROGRAM IN LIEU OF THE UNITED STATES ARMY CORPS OF ENGINEERS;

AND FOR OTHER PURPOSES.

Subtitle TO AMEND THE LAW CONCERNING THE STATE WATER POLLUTION CONTROL AGENCY;

BE______________________________________________________________________ ITAmendment ENACTEDNo. BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

SECTION1 1.to House Bill 1261 Amend House Bill No.

Arkansas1261 Code § 8-4-207(1), concerning the state water pollution control agency, is amended to add an additional subdivision to read as follows:originally introduced:

(C)Add TheSenator directorL. is authorized to require conditions in permits issued under this chapter regarding the dredge and fill permitting program established in Section 404 of the Clean Water Act, as amended, 33 U.S.C.

§Eads 1251as eta seq.cosponsor of the bill *.CRH097* By:

andRepresentative regulationsLadyman_____________________________________________________________________________ promulgatedCRH/CRH under- Section01-27-2021 40408:08:54 of_________________________ theCRH097 CleanChief WaterClerk Act, as amended, 33 U.S.C.

§ 1251 et seq.;

*CRH073* 02-01-2021 09:20:45 CRH073 As Engrossed:

H2/1/21 HB1261 2 SECTION 2.

Arkansas Code § 8-4-208(a), concerning the state water pollution control agency, is amended to read as follows:

(a)(1) The Division of Environmental Quality is authorized, subject to the approval of the Governor, to administer on behalf of the state its own permit program for discharges into navigable waters within its jurisdiction in lieu of that of the United States Environmental Protection Agency.

The division is also authorized to submit to the Administrator of the United States Environmental Protection Agency for approval a full and complete description of the program which the division proposes to establish and administer under state law, as provided by § 402(b) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C.

§ 1342(b).

To that end, the division and the Arkansas Pollution Control and Ecology Commission are vested with all necessary authority and power to meet the requirements of § 402(b) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C.

§ 1342(b), and the guidelines promulgated by the United States Environmental Protection Agency pursuant to § 304(h)(2) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C.

§ 1314(h), to engage in an approved continuing planning process under § 303(e) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C.

§ 1313(e), and to perform any and all acts necessary to carry out the purposes and requirements of the Federal Water Pollution Control Act Amendments of 1972 relating to this state's participation in the National Pollutant Discharge Elimination System established under the Federal Water Pollution Control Act Amendments of 1972, subject to all restrictions contained in the Federal Water Pollution Control Act Amendments of 1972 and guidelines.

(2)(A) Subject to the approval of the Governor, the division may administer on behalf of the state its own permit program for the dredge and fill permitting program established in Section 404 of the Clean Water Act, as amended, 33 U.S.C.

§ 1251 et seq.

and regulations promulgated under Section 404 of the Clean Water Act, as amended, 33 U.S.C.

§ 1251 et seq.

(B) Any rule, standard, or other requirement adopted for purposes of obtaining authorization for the permitting program under subdivision (a)(2)(A) of this section may not become effective or otherwise enforceable until the United States Environmental Protection Agency has approved the state’s application for the state permit program for the dredge 02-01-2021 09:20:45 CRH073 As Engrossed:

H2/1/21 HB1261 and fill permitting program established in Section 404 of the Clean Water Act, as amended, 33 U.S.C.

§ 1251 et seq.

(C) The legislative authority under subdivision (a)(2)(A) of this section is intended to be sufficient to enable the division to assume and implement the federal Section 404 dredge and fill permitting program in conjunction with the other permitting programs established in this chapter.

8 /s/Ladyman 3 02-01-2021 09:20:45 CRH073