Okla. Admin. Code § 252:690-1-2

Current through Vol. 41, No. 19, June 17, 2024
Section 252:690-1-2 - Definitions

The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"40 C.F.R." means Title 40 of the Code of Federal Regulations.

"Acute WET testing" means WET testing which measures short-term lethality to a specific aquatic animal test species as specified in OAC 252:690-3-29.

"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.

"Arithmetic mean" means the sum of the values of individual data points in a data set divided by the number of data points. This term is synonymous with arithmetic average.

"Background concentration" means the concentration of a substance in receiving water immediately upstream of, but not influenced by, a wastewater discharge.

"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.

"BUMP" means Beneficial Use Monitoring Program, a program developed by the OWRB pursuant to 27A O.S. § 1-3-101, for monitoring the state's surface and groundwater quality for the purpose of determining compliance with the WQS and the effectiveness of water quality management activities.

"CAA" means the Clean Air Act and amendments thereto.

"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).

"C.F.R." means Code of Federal Regulations.

"Chronic WET testing" means WET testing which measures long term lethal and sublethal effects to a specific aquatic animal test species as specified in OAC 252:690-3-29.

"CO" means Consent Order.

"Coefficient of variation (CV)" means, when used in the context of effluent data, the measure of an effluent distribution's variation relative to its mean. When used in the context of WET test acceptability, CV means the % variation among test replicates in either the control or the critical dilution.

"Conservative substance" means a substance which persists in the environment, having characteristics which are resistant to ordinary biological or biochemical degradation.

"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 document, which describes present and planned water quality management programs and the strategy used by the State in conducting these programs. Procedures for developing OPDES permit limitations utilizing the WQS and WQS Implementation Criteria are contained in this document.

"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%.

"CWA" means the Clean Water Act and amendments thereto.

"Defensible analytical data" means data traceable to a laboratory certified for that pollutant by DEQ under OAC 252:301 or data accepted by EPA; data traceable to a municipal laboratory operated by a properly certified laboratory technician by OAC 252:710; or data generated by a state or federal agency laboratory with equivalent certification. Quality assurance procedures, including chain of custody records, shall be adequate and documentable. Quality control data required in the analytical method shall be available from the laboratory upon request.

"DEQ" means the Oklahoma Department of Environmental Quality.

"Detectable concentration" means a concentration greater than zero (0) using a ninety-nine percent (99%) probability basis.

"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.

"Effluent-dominated receiving stream" means a stream which receives a point source discharge greater than or equal to one-third (1/3) of its 7Q2 flow.

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

"Engineer" means professional engineer registered in the State of Oklahoma.

"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.

"Geometric mean" means the antilog of the arithmetic average of the natural logarithms of the individual points in a data set.

"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.

"Intermittent toxicity" means two or more lethal or sublethal effect test failures of a routine acute or chronic WET test within any 18-month period.

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

"LC50 (lethal concentration)" means the concentration of a toxicant in an external medium that is lethal to fifty percent of the test animals for a specified period of exposure.

"Life of the permit" means a specific time frame from the date of the issuance of a permit until a new or renewed permit is issued.

"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.

"Log transformation" means the mathematical transformation of an observed data set which results in a data set consisting of the natural logarithms of the individual data points in the observed data set.

"Log-normally distributed" means a distribution of effluent data which is positively skewed.

"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 mgd; or any facility designated as such by EPA in conjunction with the state permitting authority.

"MCL" means maximum contaminant level.

"Mineral constituents" means chlorides, sulfates and total dissolved solids collectively.

"Measurable level" means a detectable concentration for which the analytical signal to noise ratio is significantly high to report a reliable single number. The measurable level corresponds to the lowest point at which the analytical calibration curve is determined based on analyses for the pollutant of concern.

"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.

"Narrative water quality criterion" means astatement or other qualitative expression of a chemical, physical, or biological parameter that is assigned to protect a beneficial use.

"NELAC" means the National Environmental Laboratory Accreditation Council.

"Numerical water quality criterion" means aconcentration or other quantitative measure of a chemical, physical, or biological parameter that is assigned to protect a beneficial use.

"No Observed Effect Concentration-Lethal" or "NOECL" means the greatest tested effluent dilution in a WET test at and below which lethality to test organisms does not occur that is statistically different from the control (0% effluent) at the 95% confidence level.

"No Observed Effect Concentration-Sublethal" or "NOECS" means the greatest tested effluent dilution in a WET test at and below which a sublethal effect to test organisms does not occur that is statistically different from the control (0% effluent) at the 95% confidence level.

"Non-conservative substance" means a substance which undergoes significant short-term degradation or change in the environment other than by dilution.

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

"OAC" means Oklahoma Administrative Code.

"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.

"OAC" means Oklahoma Administrative Code.

"OBDA" means the Oklahoma Brine Development Act.

"OCC" means the Oklahoma Conservation Commission.

"ODA" means the Oklahoma Department of Agriculture.

"ODM" means the Oklahoma Department of Mines.

"Once-through cooling water" means cooling water that is not recirculated.

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

"OPDES Act" means the Oklahoma Pollutant Discharge Elimination System Act.

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

"OPDES Permitting Section" means the Wastewater Discharge Permit Section of DEQ's Water Quality Division.

"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.

"OSHA" means the Occupational Safety and Health Act and amendments thereto.

"OWQScreen" means a spreadsheet application package developed by the Wastewater Discharge Permit Section, Water Quality Division, for screening point source discharges against WQS criteria and developing OPDES permit limitations.

"OWRB" means the Oklahoma Water Resources Board.

"Permit cycle" means the life of a permit from the date of issuance to the date of expiration as specifically stated on a permit, unless the expiration of the permit is extended by operation of statute, rule or agreement of the permittee and DEQ.

"Period of Record" means a continuous period for which a facility's effluent data is reviewed for the purposes of characterizing the effluent.

"Persistent toxicity" means the repeated failure of an acute or chronic WET test. If the required WET testing frequency is monthly, repeated failure occurs upon the failure of two of the three consecutive monthly tests for the same test species. If the required WET testing frequency is other than monthly, repeated failure occurs upon the failure of the required test plus one of the two monthly retests for the same test species in the ensuing two-month period.

"Percent mortality" means 100% minus percent survival in a WET test effluent dilution.

"Plan" means Water Quality Standards Implementation Plan.

"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.

"Positively skewed" means a data distribution which is asymmetric about its arithmetic mean with a tail in the positive direction.

"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.

"Robust Regression on Order Statistics (Robust ROS)" means a statistical method that computes a regression line to estimate values for non-detect data and combines these estimates with detected observations to compute sample statistics.

"RPF95" means the reasonable potential factor for an effluent distribution, based on a 95% probability basis, for the purpose of determining whether an effluent limitation is required.

"RPF95(M)" means the reasonable potential factor for an effluent distribution, based on a 95% confidence interval and 95% probability basis, and accounting for the size of the effluent data set, for the purpose of determining whether further effluent monitoring is required.

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

"Regulatory effluent flow" means the effluent flow, which is water quality criterion-dependent, used in determining reasonable potential and wasteload allocations for a substance.

"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.

"SDWA" means the Safe Drinking Water Act and amendments thereto.

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

"Section 301" means Section 301 of the CWA, which requires the achievement of EPA-established effluent limitations for industrial and municipal point source dischargers.

"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 306" means Section 306 of the CWA, which directs the promulgation of effluent limitations and standards of performance for certain categories of industries.

"Section 307" means Section 307 of the CWA, which provides the process for establishing effluent limitations for those pollutants otherwise known as "priority" pollutants, including pretreatment standards of performance for industrial facility discharges to POTWs.

"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 navigable waters 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 navigable waters 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.

"Standard deviation of log-transformed x (sln(x))" means the standard deviation of a log-normally transformed data set based on a sample of size N.

"Sublethal test failure" means the statistically significant difference (at the 95% confidence level) between reproduction or growth of the test organism at or below the chronic critical dilution after completion of an EPA approved chronic test method.

"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.

"T95" means the 95th percentile of the effluent temperature distribution (in °C) of sustained two-hour daily maximum effluent temperatures where effluent temperature is recorded continuously and the distribution of daily maximum effluent temperatures where temperature is recorded at discrete intervals of two hours or longer, provided that recording intervals for temperature do not exceed six hours.

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

"TDS" means total dissolved solids.

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

"TIE" means toxicity identification evaluation.

"TRE" means toxicity reduction evaluation.

"Trigger Background concentration" means the background concentration necessary to trigger reasonable potential for a substance to exceed an applicable criterion given a specified mean effluent concentration.

"UAA" means Use Attainability Analysis.

"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 assimilative capacity 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 in the form of a NOECL, NOECS, or LC50, 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.

"WQD" means the Water Quality Division of DEQ.

"WQS" means the Oklahoma Water Quality Standards, contained at OAC 252:730.

"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 OAC 252:690 and the CPP.

"WQSIP" means Water Quality Standards Implementation Plan.

Okla. Admin. Code § 252:690-1-2

Added at 19 Ok Reg 1721, eff 6-13-02; Amended at 24 Ok Reg 1542, eff 6-15-07; Amended at 26 Ok Reg 1962, eff 7-1-09; Amended at 28 Ok Reg 1177, eff 7-1-11; Amended at 28 Ok Reg 1316, eff 7-1-11
Amended by Oklahoma Register, Volume 40, Issue 6, December 1, 2022, eff. 10/25/2022 (emergency)
Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/15/2023