Okla. Admin. Code § 252:740-1-1

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

Section 252:740-1-1 - Purpose, scope and applicability

(a) According to 82 O.S., §1085.30, the Oklahoma Department of Environmental Quality is authorized to promulgate rules to be known as "Oklahoma Water Quality Standards" which establish classifications of uses of waters of the state, criteria to maintain and protect such classifications, and other standards or policies pertaining to the quality of such waters. [82 O.S. § 1085.30(A)]. The "Oklahoma Water Quality Standards" are codified at OAC 252:730. Section 1085.30 of Title 82 O.S. also provides for the Oklahoma Department of Environmental Quality to adopt and promulgate accompanying rules to implement the Oklahoma Water Quality Standards. Such implementation rules are set forth in OAC 252:740 and shall be enforced by all state agencies within the scope of their jurisdiction. Implementation rules promulgated by other state environmental agencies shall not be inconsistent with the implementation rules in OAC 252:740.

(b) If an affected person can demonstrate to the satisfaction of the permitting authority that scientific methods, data, or implementation procedures different than those specified in this Chapter will achieve a more appropriate or representative implementation of the Standards, then the permitting authority shall use or apply such methods, data, or procedures to implement the Standards. In those circumstances where the permitting authority does not agree that the affected person's proposed scientific methods, data, or implementation will result in a more appropriate or representative implementation of the Standards, the affected person may request a review of the proposed scientific methods, data, or implementation by the agency responsible for Standards implementation who shall determine its appropriateness.

(c) Implementation rules promulgated in this Chapter by DEQ and promulgated elsewhere by other state environmental agencies with authority for implementation provide a bridge between Water Quality Standards in OAC 252:730 and water quality management. For example, Water Quality Standards contain numerical criteria to protect aquatic life. Permits incorporating these criteria must be issued to limit effluent concentrations so that the criteria are not violated outside the mixing zone. In this case the implementation rules describe how the criteria are translated into permit limits.

Okla. Admin. Code § 252:740-1-1

Adopted by Oklahoma Register, Volume 40, Issue 6, December 1, 2022, eff. 10/25/2022

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