Okla. Admin. Code § 35:45-1-1

Current through Vol. 42, No. 4, November 1, 2024

Section 35:45-1-1 - [Effective until 8/11/2024] Section I - Statutory authority, definitions, standards, jurisdiction, beneficial uses and protocols

(a) Subsection B, 27A O.S. Supp 1998, Section 1-1-202 (enacted through Senate Bill 549), mandates that each state environmental agency shall promulgate, by July 1, 2001, a Water Quality Standards Implementation Plan for its jurisdictional areas of environmental responsibility specifying how the agency utilizes and enforces the Oklahoma Water Quality Standards for surface water and groundwater. The Implementation Plan must be promulgated in compliance with the Administrative Procedures Act and pursuant to Section 1-1-202. After initial promulgation, each state environmental agency must review its plan at least every three years thereafter to determine whether revisions to the plan are necessary. All references to sections are to the original plan document, which is available from the Oklahoma Department of Agriculture.

(b) The Water Quality Standards Implementation Plan is to include eight elements for each jurisdictional area:

(1) Program Compliance with Antidegradation Requirements and Protection of Beneficial Uses - General description of the processes, procedures and methodologies utilized to ensure that programs within the agency's jurisdictional areas of environmental responsibility comply with anti-degradation standards and lead to maintenance of water quality where beneficial uses are supported, removal of threats to water quality where beneficial uses are in danger of not being supported, and restoration of water quality where beneficial uses are not being supported.

(2) Application of Use Support Assessment Protocols (USAP)-Procedures to be utilized in the application of use support assessment protocols (found at OAC 785:46, Subchapter 15) to make impairment determinations.

(3) Description of Programs Affecting Water Quality - Description of the surface water and/or groundwater quality-related components of pertinent programs within each jurisdictional area.

(4) Technical Information and Procedures - Technical information, databases, and procedures to be utilized by the Oklahoma Department of Agriculture (ODA) in the WQSIP.

(5) Integration of WQSIP into ODA activities - Describe how the Water Quality Standards Implementation Plan is and will be integrated into the water quality management activities of the agency, including rules, program area policies and guidance, and standardized methods of conducting business.

(6) Compliance with Mandated Statewide Water Quality Requirements - Describe how ODA is or will be complying with mandated statewide requirements affecting water quality developed by other state environmental agencies, including, but not limited to, total maximum daily load (TMDL) development, nonpoint source (NPS) pollution prevention programs, Oklahoma Water Quality Standards (OWQS), OWQS implementation procedures, and the Continuing Planning Process (CPP) document.

(7) Public and Interagency Participation - Summary of written comments and testimony received relative to all public meetings held for the purpose of providing public participation relating to the WQSIP, and new rules related to the WQSIP.

(8) Evaluation of Effectiveness of Agency Activities - Describe methods and means to evaluate the effectiveness of activities conducted pursuant to the WQSIP to achieve Water Quality Standards.

Okla. Admin. Code § 35:45-1-1

Added at 18 Ok Reg 3409, eff 6-28-01 (emergency); Added at 19 Ok Reg 951, eff 5-13-02