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Tyson asks state to align Poteau River mineral standards with stream concentrations; ADE has letter of no objection
Summary
Tyson Foods asked regulators to raise mineral and chloride standards for the Poteau River and a tributary near Waldron, arguing the stream has long carried the salts the plant discharges and that biological sampling shows aquatic life is protected; the company said ADE issued a letter of no objection and the governor approved proceeding.
Representatives for Tyson Foods told the Senate Public Health, Welfare and Labor Committee they seek a rule change that would raise numeric mineral limits for the Poteau River and its tributary near Tyson’s poultry processing plant in Waldron.
Alan Gates, representing Tyson, said the plant has discharged minerals (chloride, sulfates, total dissolved solids) to the stream for decades and that the 2010 permit limits were set without reflecting the stream’s long-term conditions. "There is no practical way economically feasible to remove these salts from the wastewater discharge," Gates said, and the proposed rule change would "set the standard at a level where the stream has actually been for decades" rather than allowing an increase in discharge.
Tyson said biological sampling upstream and downstream indicates aquatic-life uses remain protected and that the company conducted additional field work after ADE and EPA requested more data. Gates said the governor’s office approved proceeding and ADE issued a letter of no objection; no outside commenters attended the public hearing other than Tyson representatives. ADE and committee members discussed cross-border impacts with Oklahoma and were told the last five miles at the state line would not see a standard change.
Committee members asked for clarification that drinking-water uses are not affected; Tyson’s representatives said the Poteau River has not been used for drinking water for years in the relevant reach.
The committee reviewed the rule without objection.
