Okla. Admin. Code § 252:611-1-2

Current through Vol. 42, No. 7, December 16, 2024
Section 252:611-1-2 - Definitions

In addition to definitions adopted by reference, the following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"303(d) List" means the list of impaired waterbodies not meeting WQS, required by Section 303(d) of the CWA.

"305(b) List" means an inventory of the water quality of all waterbodies in the state.

"40 CFR" means Title 40 of the Code of Federal Regulations.

"AO" means an Administrative Order.

"ARAR" means appropriate, relevant and applicable requirements, when used in the context of Superfund and Brownfields-related investigations and remediations.

"BMP" means Best Management Practice(s), a technique determined to be the most effective, practical means of preventing or reducing pollutant discharges to achieve water quality goals. The term is generally applied in the context of nonpoint sources.

"Board" means the Environmental Quality Board.

"CAFO" means Concentrated Animal Feeding Operation.

"CEI" means Compliance Evaluation Inspection.

"CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act, also known as Superfund (see also SARA).

"Clean Water Act" or "CWA" means the federal Water Pollution Control Act, 33 U.S.C. § 251 et seq., as amended.

"Code" means the Environmental Quality Code, 27A O.S. § 2-1-101 et seq., as amended.

"Conventional Pollutants" means the following five pollutants: five-day biochemical oxygen demand (BOD5) or, alternatively, five-day carbonaceous biochemical oxygen demand (CBOD5), suspended solids, oil and grease, fecal coliform and pH.

"Corporation Commission" means the Oklahoma Corporation Commission.

"CPP" means the continuing planning process documents required pursuant to this chapter and 40 CFR Part 130.

"Critical dilution" means an effluent dilution, expressed as a percentage, representative of the dilution afforded a wastewater discharge according to the appropriate Q*-dependent chronic mixing zone equation for chronic WET testing. The critical dilution for acute WET testing is 100%.

"DEQ" means the Oklahoma Department of Environmental Quality.

"Dilution series" means a set of proportional effluent dilutions for acute or chronic WET testing based on a specified critical dilution, which is typically the next-to-highest dilution in the series.

"DMR" means Discharge Monitoring Report, a report submitted to WQD on a monthly basis, or at another frequency specified in an OPDES permit, via a specialized form by OPDES permittees in accordance with the effluent limitations and monitoring requirements of such permit and standard conditions thereof. Information provided on the DMR is entered into EPA's Integrated Compliance Information System (see ICIS).

"ECLS" means the Environmental Complaints and Local Services Division of DEQ.

"ELG" means Effluent Limitations Guideline, one of a series of technology-based effluent limitations standards, either for direct discharge to Waters of the United States or for discharge to a POTW, established for certain categories of industries pursuant to Sections 306 and 307 of the CWA.

"EPA" means the United States Environmental Protection Agency.

"EPA Region 6" means the EPA Region 6 office in Dallas, Texas.

"Fish and Wildlife Propagation" means the WQS beneficial use designation for promoting fish and wildlife propagation for the fishery classifications of HLAC, WWAC, CWAC, and Trout Fishery (Put and Take).

"Fish Consumption" means the WQS beneficial use designation for the protection of human health for the consumption of fish flesh.

"HQW" means High Quality Water, defined as a water of the state which possesses an existing water quality which exceeds that necessary to support the propagation of fishes, shellfishes, wildlife, and recreation in and on the water, and which is designated as such in OAC 252:730, Appendix A.

"ICIS" means integrated compliance information system.

"IU Permit" means Industrial User Permit, a permit issued in accordance with the National Pretreatment Regulation at 40 CFR Part 403 and, as appropriate, the categorical pretreatment standards at 40 CFR Parts 405 through 499.

"Load Allocation" or "LA" means the portion of a receiving water's TMDL that is attributed either to one of its existing or future nonpoint sources or to natural background sources.

"LPD" means the Land Protection Division of DEQ.

"LUST" means leaking underground storage tank.

"Major discharger" means an industrial facility which has a point rating greater than or equal to 80 according to the NPDES permit rating system for industrial discharges; a POTW with a design flow greater than or equal to 1.0 MGD; or any facility designated as such by EPA in conjunction with the state permitting authority.

"MCL" means maximum contaminant level.

Municipal" means a publicly owned treatment works or facilities which are privately owned that generate only domestic waste including mobile home parks, home owner's associations, etc.

"NELAP" means the National Environmental Laboratory Accreditation Program.

"Nonpoint source" means a source without a well-defined point of origin.

"Non-pretreatment program POTW" means a POTW receiving industrial wastewater discharges which does not have an approved pretreatment program, is not in the process of developing a pretreatment program and has not been directed to develop a pretreatment program.

"NOV" means Notice of Violation.

"NPDES" means the National Pollutant Discharge Elimination System, as authorized by Section 402 of the CWA. DEQ has received delegation of the NPDES program in Oklahoma, except for certain jurisdictional areas related to agriculture and the oil and gas industry retained by ODA and Corporation Commission, for which EPA has retained permitting authority. The NPDES program is implemented in Oklahoma via the OPDES program pursuant to the OPDES Act and in accordance with the Memorandum of Agreement between DEQ and EPA relating to administration and enforcement of the delegated NPDES program.

"NRC" means the U.S. Nuclear Regulatory Commission.

"NRWQC" means the National Recommended Water Quality Criteria, publication no. EPA 822-Z-99-001, April 1999.

"OAC" means Oklahoma Administrative Code.

"OCC" means the Oklahoma Conservation Commission.

"ODA" means the Oklahoma Department of Agriculture.

"ODM" means the Oklahoma Department of Mines.

"Oklahoma's Water Quality Standards" or "WQS" or "Standards" means the rules promulgated by the DEQ at OAC 252:730, which classify waters of the State, designate the uses for which the various waters of the State shall be maintained and protected and prescribe the water quality standards required to sustain designated uses.

"OPDES" means Oklahoma Pollutant Discharge Elimination System (see also NPDES).

"OPDES Act" means the Oklahoma Pollutant Discharge Elimination System Act, 27A O.S. § 2-6-101 et seq.

"OPDES Permit" means a permit issued pursuant to the OPDES Act.

"ORW" means Outstanding Resource Water, defined as a water of the state which constitutes an outstanding resource or is of exceptional recreational and/or ecological significance, and which is designated as such in OAC 252:730, Appendix A.

"O.S." means Oklahoma Statutes.

"OWQScreen" means a spreadsheet application package for screening point source discharges against WQS criteria and developing OPDES permit limitations.

"OWRB" means the Oklahoma Water Resources Board.

"Point Source" means any discernible, confined and discrete conveyance or outlet, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or vessel or other floating craft, from which pollutants are or may be discharged into waters of the state. The term "point source" shall not include agricultural stormwater runoff and return flows from irrigated agriculture.

"POTW" means publicly owned treatment works.

"Reasonable potential" means causes, or has a reasonable potential to cause or contribute to, an exceedance of a water quality criterion.

"Receiving water" means the water of the State to which a wastewater is discharged.

"SARA" means the Superfund Amendments and Reauthorization Act (see also CERCLA).

"Scenic River" means a river or stream so designated pursuant to the Oklahoma Scenic Rivers Act. A scenic river is automatically considered an ORW.

"Section 106" means Section 106 of the CWA, which provides annual grants for water quality management activities and special projects.

"Section 303" means Section 303 of the CWA, which requires states to review and, as necessary, revise their water quality standards at least every three years.

"Section 303(d)" means Section 303(d) of the CWA, which requires states to identify waters that do not or are not expected to meet applicable water quality standards with technology-based controls alone (sometimes referred to as the 303(d) List). States establish priority rankings for the listed waters, taking into account pollution severity and existing and designated beneficial uses of the waters. States must develop TMDLs for waters on this list according to priority rankings.

"Section 303(e)" means Section 303(e) of the CWA, which requires each state to prepare a CPP document.

"Section 401" means Section 401 of the CWA, which requires applicants for federal licenses or permits for the construction or operation of facilities which may result in discharges into Waters of the United States to provide the licensing or permitting agency a certification from the state in which the discharge originates or will originate or, if appropriate, from the interstate water pollution control agency having jurisdiction over the Waters of the United States at the point where the discharge originates or will originate.

"Section 402" means Section 402 of the CWA, which establishes the National Pollutant Discharge Elimination System (NPDES).

"SEL" means the State Environmental Laboratory.

"SMCRA" means the Surface Mining Control and Reclamation Act of 1977.

"Standard deviation (sx)" means the standard deviation of an untransformed data set based on a sample of size N.

"SWP3" means Stormwater Pollution Prevention Plan.

"SWS" means Sensitive Water Supply, defined as a water of the State which constitutes a sensitive public and private water supply, and which is designated as such in OAC 252:730, Appendix A.

"TBLL" means, in the context of the pretreatment program, Technically Based Local Limits.

"Technology-based limitation" means an effluent limitation based on various levels of technologically- achievable performance.

"TIE" means toxicity identification evaluation.

"TMDL" means total maximum daily load.

"TRE" means toxicity reduction evaluation.

"UIC" means Underground Injection Control.

"USAP" means Use Support Assessment Protocols, as defined at OAC 252:740.

"USFWS" means the United States Fish and Wildlife Service.

"USGS" means the United States Geological Survey.

"Wasteload allocation" or "WLA" means the portion of a receiving water's that is allocated to one of its existing or future point sources of pollution.

"Water quality-based limitation" means an effluent limitation required to attain and maintain water quality standards.

"WET limit" means a WET testing limitation, the exceedance of which constitutes a permit violation.

"WET testing" means testing for whole effluent toxicity:

(A) using an effluent dilution series based on a critical dilution,

(B) with a specific aquatic animal species, and

(C) utilizing EPA-approved testing methods.

"WOTUS" means Waters of the United States. For the purposes of this chapter, WOTUS means those Waters of the United States within the State of Oklahoma.

"WQD" means the Water Quality Division of DEQ.

"WQMP" means the statewide Section 208 Water Quality Management Plan.

"WQS Implementation Criteria" means procedures used to implement the WQS, including mixing zones, regulatory effluent and receiving water flows, determination of effluent wasteload allocations and criteria long-term average concentrations, determination of permit limitations and antidegradation policy implementation. Statewide WQS Implementation Criteria of general applicability are found at OAC 252:740. WQS implementation criteria for facilities under DEQ jurisdiction are found in this Chapter and the CPP.

"WQSIP" means Water Quality Standards Implementation Plan.

Okla. Admin. Code § 252:611-1-2

Added at 18 Ok Reg 1566, eff 6-1-01
Amended by Oklahoma Register, Volume 40, Issue 6, December 1, 2022, eff. 10/25/2022
Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/15/2023
Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/15/2024