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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3386 By: Moore
AS INTRODUCED
An Act relating to waters and water rights; amending
82 O.S. 2021, Section s 1085.30 and 1085.30a, which
relate to Oklahoma Water Quality Standards; modifying
agency responsibility for Oklahoma Water Quality
Standards; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 82 O.S. 2021, Section 1085.30 , is
amended to read as follows:
Section 1085.30 A. 1. In order to effectuate a comprehensive
program to assist in the prevention, control and abatement of
pollution of the waters of this state, and in order to e stablish
state standards which comply wit h the Federal Water Pollution
Control Act as amended, the Oklahoma Water Resources Board
Department of Environmental Quality is authorized to promulgate
rules to be known as "Oklahoma Water Quality Standards " which
establish classifications of uses of wate rs of the state, criteria
to maintain and protect such classifications, and other standards or
policies pertaining to the quality of such waters.
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2. The Oklahoma Water Quality Standards shall, at a minimum, be
designed to maintain and protect the quality of the waters of the
state.
3. Wherever the Environmental Quality Board finds it is
practical and in the public int erest to do so, the rules may be
amended to upgrade and improve progressively the quality of waters
of the state.
4. a. The Board may also amend Oklahoma Water Quality
Standards to downgrade a designated u se of any waters
of this state which is not an exi sting use, may
establish subcategories of a use or may provide for
less stringent criteria or other provisions thereof
only in those limited circumstances permissible un der
the Federal Water Pollution Contr ol Act as amended or
federal rules which implement the act.
b. The Board may amend the Oklahoma Water Quality
Standards to downgrade a desi gnated use, establish
subcategories of a use or may provide for less
stringent criteria or other provisions thereof o nly to
the extent as will maintain or improve the existing
uses and the water quality of the water affected;
provided, however, the Board shall not modify the
Oklahoma Water Quality Standards applicable to scenic
river areas as such areas are described by Section
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896.5 of this title, to downgrade a desig nated use,
establish a subcategory of a use or provide for less
stringent criteria or other provisions thereof.
5. The Board shall propose any necessary rules to allow for the
development of nutrient tradin g programs by state environmental
agencies no later than November 1, 2026.
B. 1. Prior to adopting such standards o r any amendment
thereof, the Board shall conduct public hearings thereon . Notice of
such hearing shall be published in accordance with the
Administrative Procedures Act and shall be mai led at least twenty
(20) days before such public hearing to the chief executive of each
municipality and county in the area affected and shall be mailed to
all affected holders of permits obtained pursuant to the Oklahoma
Environmental Code, and such other persons that have requested
notice of hearings on such sta ndard modifications.
2. If adoption or amendment of a classification to a lower or
downgraded classification is proposed because treatment controls
required of the current or a higher or upgraded classification would
result in substantial and widespread s ocial and economic impact, the
Board shall, in addition to any hearing re quired by subsection B of
this section, conduct a public meeting within a cen tral location
within the area to be affected . The Board shall cause notice of
such additional public meeting to be published for at least two (2)
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consecutive weeks in a newspaper of general circulation published in
the county or counties in the area affec ted.
C. 1. The Oklahoma Water Quality Stand ards, their accompanying
use support assessment protocols, anti -degradation policy and
implementation, and policies general ly affecting Oklahoma W ater
Quality Standards appli cation and implementation including , but not
limited to, mixing zones, low flows a nd variances or any
modification or change thereof shall be promulgated by the Board in
compliance with the Admi nistrative Procedures Act and shal l be
enforced by all state a gencies within the scope of their
jurisdiction. All use support assessment protoc ols promulgated by
the Board shall be consistent with state and federal law and
guidance specifically related to beneficial use support
determinations as set forth in Section 305(b) of the Federal Water
Pollution Control Act, where applicable.
2. In promulgating Oklahoma Water Quality Standards or making
any modification or change thereof, the Board shall announce a
reasonable time for persons disc harging waste into the water s of the
state to comply with such ne w or modified standards unless such
discharges create an actual or potential hazard to public health.
3. Any discharge in accord with such standards of the Board and
in compliance with rules , requirements and wasteload allocations
established by the Depar tment of Environmental Quality and with
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rules promulgated by other state environmental agencies shall not be
deemed to be pollution.
4. Notwithstanding the implementation jurisdiction provid ed to
the Board in paragraph 1 of subsection C of this section, t he
Department of Environmental Quality shall have jurisdiction to
develop and utilize policies and requirements, as provided in
paragraph 22 of subsection B of Section 1 -3-101 of Title 27A of the
Oklahoma Statutes.
SECTION 2. AMENDATORY 82 O.S. 2021, Section 1085.30a, is
amended to read as follows:
Section 1085.30a. Oklahoma Water Quality S tandards, promulgated
by the Oklahoma Water Resources Board Department of Environmental
Quality, shall designate:
1. Watersheds that are nutri ent-limited; and
2. Groundwaters that are nutrient -vulnerable.
SECTION 3. This act shall become effective November 1, 2022.
58-2-8997 JBH 01/07/22