Arkansas Responds To Oklahoma's Water Plan

Arkansas Responds To Oklahoma's Water Plan

Sat, Oct 26, 2002

No Significant New Proposals Included

By Scott F. Davis

The Morning News/NWAonline.net • sdavis@nwaonline.net

FAYETTEVILLE-- Arkansas agency directors sent a proposal to Oklahoma officials late Friday afternoon to implement several previously offered measures to improve water quality in the Illinois River and other sensitive watersheds.

The plan does not include any significant new proposals by Arkansas, but it asks for better assurances against lawsuits and more time before Oklahoma can file them if the proposed measures are implemented.

Oklahoma officials either did not return telephone calls or would not comment on Arkansas' offer, saying they had not had time to review it.

Randy Young, executive director of the Arkansas Soil and Water Conservation Commission, said that "safe harbor language" is included because, if cities and poultry companies agree to spend millions of dollars, they need assurance that they will not be sued and that the target levels will not be changed.

Arkansas offered several measures, some of which include:

• Requiring Springdale, Rogers, Siloam Springs and Fayetteville to reduce phosphorus levels in treated wastewater to 1 part per million.

• Registering poultry growers by June 1, 2004.

• Requiring nutrient application, both animal waste and commercial fertilizer, to be done in according with a comprehensive nutrient management plan prepared by certified planers based on the Arkansas phosphorus Index.

• Developing and implementing a plan to train and certify planners by June 30, 2004.

• Developing and implementing a plan to train and certify applicators of animal waste and commercial fertilizer.

• Working cooperatively to develop a joint phosphorus index to be used in both states to determine land-application rates of litter.

• Developing with Oklahoma a standardized method for monitoring phosphorus loading in shared watersheds.

The settlement proposal is in response to a draft consent decree submitted Oct. 21 by Oklahoma officials. The states are trying to settle -- without a lengthy court battle -- a dispute over Oklahoma's controversial new water-quality standards adopted this year.

The standards include a limit of 0.037 parts per million for phosphorus for its six scenic rivers, including the Illinois River. Arkansas officials say that the numeric standard is not achievable or realistic. Recent data show that the phosphorus level in the Illinois River near the state line at Watts, Okla., averages 0.27 ppm.

A 1992 Supreme Court ruling involving the Illinois River says that upstream states can be required to meet the water-quality standards of downstream states. Phosphorus in high levels promotes excessive algae growth and impairs water quality by depleting oxygen levels and making the water appear green.

Both sides are seeking consensus on a consent decree that will ensure that Arkansas follows through on its commitments to improve water quality, while preventing lawsuits from being filed against them if they do. Any agreement that is reached will be put in a consent decree to be filed in federal court and approved by a judge, with states, relevant state agencies, municipalities and poultry companies named as parties.

Both plans call for the poultry industry to support statutory and regulatory changes that are required to implement the proposal in the settlement and to cooperate in the removal of excess litter.

Arkansas' plans assures that lawsuits can't be filed before 2022, but Oklahoma's deal allowed assurances through 2012 for the utilities.

Most of the new regulations will apply equally in both states.

Arkansas' plan does not mention the items that Oklahoma requested, which are not included in the counteroffer. Some of those include:

• Requiring annual payments from poultry companies to both states to be used for necessary conservation practices, technical assistance to growers, monitoring, enforcement and education.

• Developing a new combined phosphorus index or face the possibility of lawsuits after June 1. Oklahoma's proposal allows Arkansas to use its current phosphorus index until Dec. 31, 2003, but requires implementing a new index by July 1, 2004.

• Incorporating (plowing into the ground) municipal biosolids known as sludge.

Young said that rather than address each of the disputed items, Arkansas instead offered the things that it is willing to do.

Arkansas' plan does not specify how cities will dispose of municipal sludge, but Young noted that several of the plans being considered to remove poultry waste from sensitive watersheds also address removing sludge.

Young said that he believes that these measures will have a meaningful impact on water quality and is hopeful that the states can reach an agreement before Nov. 1, when Oklahoma has indicated it plans to send the standards to U.S. Environmental Protection Agency -- with or without an implementation plan.

Arkansas officials say that if Oklahoma submits its plan on Nov. 1 without an agreement that negotiations will cease, but the state will still follow through on is commitments because they are good for water quality and the right thing to do.