ELR Citation: 44 ELR 20195
No(s). 13-1936 (8th Cir. Aug 15, 2014)

The Eighth Circuit upheld an EPA decision rejecting modifications to Arkansas' water quality standards as they pertain to discharges of dissolved minerals from a chemical manufacturing plant. Arkansas adopted the revisions after the plant initiated a third party rulemaking to increase the levels of dissolved minerals permitted into two unnamed tributaries. EPA rejected the changes, citing concerns that the revision did not adequately protect aquatic life in two downstream creeks. The plant challenged EPA's decision, arguing that EPA overstepped its authority in considering the effects of aquatic life in the two creeks. But EPA has the statutory and regulatory authority to ensure water quality standards are maintained downstream when a state revises upstream water quality standards. Because EPA has the authority to look at downstream effects, and because the plant failed to demonstrate the affected waters would be protected, the court upheld EPA's decision.