Okla. Admin. Code § 252:690-7-1

Current through Vol. 41, No. 19, June 17, 2024

Section 252:690-7-1 - Required WQSIP Elements

(a) Pursuant to 27A O.S. §1-1-202(B), each agency's WQSIP must include eight elements for each of its jurisdictional areas of environmental responsibility. The eight required elements are:

(b)Compliance with antidegradation requirements and protection of beneficial uses. This element describes the processes, procedures and methodologies utilized to ensure that programs within jurisdictional areas of environmental responsibility comply with antidegradation standards and lead to:

(1) Maintenance of water quality where beneficial uses are supported.

(2) Removal of threats to water quality where beneficial uses are in danger of not being supported.

(3) Restoration of water quality where beneficial uses are not being supported.

(c)Application of USAP. This element describes the procedures to be utilized by the agency in the application of USAP to make impairment determinations. USAP implementation criteria are found at OAC 252:740. The procedure by which a DEQ program area utilizes USAP in making waterbody beneficial use impairment determinations, or the manner in which USAP-derived support/impairment information is utilized in program area functions is described. USAP studies are spatial/temporal waterbody investigations utilizing established numerical criteria and/or implementation guidelines to determine whether existing and designated beneficial uses are being supported or not supported.

(d)Description of programs affecting water quality. This element describes the various agency programs and subprograms within each jurisdictional area of environmental responsibility. A program area is described in sufficient detail to convey the manner and process by which surface WQS or groundwater protection implementation is achieved.

(e)Technical information and procedures for implementation. This element includes technical information and procedures to be utilized in implementing the WQSIP. Technical information, databases, software programs and operational procedures, be they of federal or agency division/program area origin, that are utilized by a program area to implement the DEQ WQSIP are described.

(f)Integration of WQSIP into water quality management activities. This element describes how agency administrative rules, program area policies and guidance, and standardized methods of conducting business have been or will be developed to facilitate integration of the WQSIP into the water quality management activities within each jurisdictional area of environmental responsibility.

(g)Compliance with mandated statewide water quality requirements. This element describes the manner in which an agency will comply with mandated statewide requirements affecting water quality developed by other state environmental agencies including, but not limited to, TMDL development, point source wastewater discharge permitting activities, and NPS pollution prevention programs. The manner in which a program area utilizes statewide requirements affecting water quality is described in sufficient detail to demonstrate compliance with those requirements.

(h)Public and interagency participation. This element requires a summary of written comments and testimony received pursuant to all federal and state interagency reviews and public meetings held by the state environmental agency, and the state environmental agency's response thereto, for the purpose of providing public participation related to its WQSIP. This element applies to both the initial WQSIP promulgation and revisions thereto.

(i)Evaluation of the effectiveness of agency activities. This element describes objective methods and means to evaluate the effectiveness of activities conducted pursuant to an agency's WQSIP in achieving WQS. BUMP and USAP assessments are the two primary means by which the effectiveness of water quality management activities may be evaluated on a continuing basis. Fish community biotrend monitoring and regulated activity self-monitoring provide additional means of evaluating program effectiveness.

(1)BUMP. The OWRB's Beneficial Use Monitoring Program was created in 1998 at the direction of the State Legislature. The program's monitoring is composed of five key elements, as follows:

(A) Periodic river and stream monitoring, itself composed of two components:

(i) Monitoring at a series of fixed locations, determined by the OWRB in consultation with other state environmental agencies.

(ii) Monitoring at a series of stations which rotate on an annual basis, the location and monitoring parameters of which are based largely on the state's list of impaired waterbodies (commonly referred to as the 303(d) list, established pursuant to Section 303(d) of the CWA).

(B) Fixed station load (flow) monitoring.

(C) Fixed station lakes monitoring.

(D) Fixed station groundwater monitoring.

(E) Intensive investigative sampling involving identified impaired waters, primarily for the purpose of documenting the source of the impairment and determining appropriate restorative actions.

(2)USAP. Waterbody impairment and restoration studies, field surveys, monitoring results, or other available data will be assessed utilizing USAP.

(3)Fish community biotrends monitoring. This activity provides an additional biologically-oriented measure of the effectiveness of water quality management activities. Together, BUMP data, USAP studies and Fish Community Biotrends monitoring provide the best overall measures of WQS compliance and beneficial use support.

(4)Regulated activity self-monitoring. Site-specific monitoring of surface waters and groundwater outside the scope of BUMP and USAP is available to DEQ on a continuing basis from the regulated community through its various regulatory programs.

(A)OPDES permits. Self-monitoring required by OPDES permits issued by the Department. Continued compliance of point source dischargers in a waterbody segment with their OPDES permit limitations, as assessed through self-monitoring, should correlate with a waterbody's compliance with state WQS as assessed through BUMP and USAP investigations. Likewise, self-monitoring of groundwater included in an OPDES permit is useful for assessing groundwater quality management where surface impoundments and/or land application are utilized.

(B)Land protection activities. Self-monitoring of surface waters and groundwater required by solid waste, hazardous waste, underground injection and site remediation regulatory activities yields valuable information for determining compliance with WQS and the effectiveness of land protection activities.

(C)Water supplies. Self-monitoring of public and private water supplies (both surface waters and groundwater) provides valuable information which may indicate present or impending problems in the maintenance of, or success in the restoration of, the suitability of those surface water supplies and groundwater sources for the public and private water supply beneficial use.

Okla. Admin. Code § 252:690-7-1

Adopted by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/15/2023