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SENATE FLOOR VERSION
April 7, 2022
ENGROSSED HOUSE
BILL NO. 3824 By: Newton of the House
and
Jech of the Senate
An Act relating to environment and natural resources;
amending 27A O.S. 2021, Section 1-3-101, which
relates to state environmental agencies; modifying
certain responsibilities of Department of
Environmental Quality; providing for adoption of
certain variances and site-specific criteria;
amending 27A O.S. 2021, Section 2 -6-103, which
relates to powers and du ties of the Department of
Environmental Quality; allo wing for the direct
adoption of certain water quality variances and site-
specific criteria; amending 82 O.S. 2021, Section
1085.2, which relates to the authority of the
Oklahoma Water Resources Board; modifying certain
authority of the Board; amending 82 O.S. 2021,
Section 1085.30, which relates to Oklahoma Water
Quality Standards; making e xception for certain
Department-adopted variances and site-specific
criteria; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 27 A O.S. 2021, Section 1-3-101, is
amended to read as follows:
Section 1-3-101. A. The provisions of this section specify the
jurisdictional areas of responsibili ty for each state environmental
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agency and state agencies with limited environmental responsibili ty.
The jurisdictional areas of environmental responsibility sp ecified
in this section shall be in addition to those otherwise provided by
law and assigned to the specific state environmental agency;
provided that any rule, interagency agreement or execut ive order
enacted or entered into prior to the effective date of this section
which conflicts with the assignment of jurisdictional environmental
responsibilities specified by this section is hereby supers eded.
The provisions of this subsection shall not nullify any financial
obligation arising from services rendered pursuant to any
interagency agreement or executive order entered into prior to July
1, 1993, nor nullify any obligations or agreements with p rivate
persons or parties entered into with any sta te environmental agency
before July 1, 1993.
B. Department of Environmental Quality. The Department of
Environmental Quality shall have the following jurisdi ctional areas
of environmental responsibility:
1. All point source discharges of pollutants and storm water to
waters of the state which originate from municipa l, industrial,
commercial, mining, transportation and utilities, construction,
trade, real estate and finance, services, public administratio n,
manufacturing and other sources, facilities and activities, except
as provided in subsections D and E of this se ction;
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2. All nonpoint source discharges and pollution except as
provided in subsections D, E and F of this section;
3. Technical lead agen cy for point source, nonpoint source and
storm water pollution control programs funded under Section 106 of
the federal Clean Water Act, for areas within the Department 's
jurisdiction as provided in this subsec tion;
4. Surface water and groundwater qualit y and protection and
water quality certifications;
5. Waterworks and wastewater works operator certification;
6. Public and private water supplies;
7. Underground injection control pursuant to the federal Sa fe
Drinking Water Act and 40 CFR Parts 144 thr ough 148, except for:
a. Class II injection wells,
b. Class V injection wells utilized in the remediation of
groundwater associated with underground or aboveground
storage tanks regulated by the Corporation Com mission,
c. those wells used for the recovery, injection or
disposal of mineral brines as defined in the Oklahoma
Brine Development Act regulated by the Commissi on, and
d. any aspect of any CO2 sequestration facility,
including any associated CO2 injection well, over
which the Commission is given juri sdiction pursuant to
the Oklahoma Carbon Capture an d Geologic Sequestration
Act;
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8. Notwithstanding any other prov ision in this section or other
environmental jurisdiction statute, sole and exclusive jurisdict ion
for air quality under the federal Clean Ai r Act and applicable state
law, except for indoor a ir quality and asbestos as regulated for
worker safety by the fe deral Occupational Safety and Health Act and
by Chapter 11 of Title 40 of the Oklahoma Statutes ;
9. Hazardous waste and solid waste, includi ng industrial,
commercial and municipal waste;
10. Superfund responsibilities of the state under the
Comprehensive Environmental Response, Compensation and Liability Act
of 1980 and amendments thereto, except the planning requirements of
Title III of the Superfund Amendment and Reauthorization Act of
1986;
11. Radioactive waste and all regulatory activities for the u se
of atomic energy and sources of radiation except for electronic
products used for diagnosis by diagnostic x-ray facilities and
electronic products used for bomb detection by public safety b omb
squads within law enforcement agencies of this state or with in law
enforcement agencies of any political subdivision of this state;
12. Water, waste, and wastewater treatment systems including,
but not limited to, septic tanks or other public or priva te waste
disposal systems;
13. Emergency response as specified by law;
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14. Environmental laboratory services and laboratory
certification;
15. Hazardous substances other than branding, package and
labeling requirements;
16. Freshwater wellhead protecti on;
17. Groundwater protection for activities subject to the
jurisdictional areas of environmental responsibility of the
Department;
18. Utilization and enfo rcement of Oklahoma Water Quality
Standards and implementation documents, and adoption of water
quality standard variances and site-specific criteria to the extent
that such variances and site-specific criteria are utilized in and
enforced through water qu ality permits issued by the Department.
Such variances and site-specific criteria may be adopted through
rulemaking or through the permitting process; provided that the
process satisfies the public participation and water quality
standard variance require ments set forth in the corresponding
federal regulations;
19. Environmental regulation of any en tity or activity, and the
prevention, control and abatement of any poll ution, not subject to
the specific statutory authority of another state environmental
agency;
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20. Development and maintenance of a computeriz ed information
system relating to water qua lity pursuant to Section 1 -4-107 of this
title;
21. Development and pr omulgation of a Water Quality Standards
Implementation Plan pursu ant to Section 1-1-202 of this title for
its jurisdictional area of environme ntal responsibility; and
22. Development and utilization of policies and requirements
necessary for the implement ation of Oklahoma Groundwater Quality
Standards to the extent tha t the implementation of such standards
are within the scope of the Department 's jurisdiction, including but
not limited to the establishment of points of compliance when
warranted.
C. Oklahoma Water Resources Board. The Oklahoma Water
Resources Board shall have the following j urisdictional areas of
environmental responsibility:
1. Water quantity including, but not limite d to, water rights,
surface water and underground water, planning, and interstate stream
compacts;
2. Weather modification;
3. Dam safety;
4. Flood plain management;
5. State water/wastewater loans and grants revolving fund and
other related financial aid programs;
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6. Administration of the federal State Revolving Fund Pr ogram
including, but not limited to, making application for and r eceiving
capitalization grant awards, wastewater prioritization for funding,
technical project reviews, environmental re view process, and
financial review and administration;
7. Water well drillers/pump installers licensing;
8. Technical lead agency for clean lakes eligible fo r funding
under Section 314 of the federal Clean Water Act or other applicable
sections of the federal Clean Water Act or other subsequent state
and federal clean lakes programs; administration of a state program
for assessing, monit oring, studying and res toring Oklahoma lakes
with administration to include, but not be limited to, receipt and
expenditure of funds from federal, stat e and private sources for
clean lakes and implementation of a volunteer monitoring program to
assess and monitor state water res ources, provided such funds from
federal Clean Water A ct sources are administered and disbursed b y
the Office of the Secretary o f Environment;
9. Except as set forth i n paragraph paragraphs 18 and 22 of
subsection B of this section, statewide water qualit y standards and
their accompanying use support assessme nt protocols, anti-
degradation policy and implementation, and policies ge nerally
affecting Oklahoma Water Quality Standards application and
implementation including but not limit ed to mixing zones, low flows
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and variances or any modification or change ther eof pursuant to
Section 1085.30 of Title 8 2 of the Oklahoma Statutes;
10. Groundwater protection for activities subject to the
jurisdictional areas of environmental responsibili ty of the Board;
11. Development and promulgation of a Water Quality Standard s
Implementation Plan pursuant to Section 1-1-202 of this title for
its jurisdictional area of environmental resp onsibility;
12. Development of classifications and identificatio n of
permitted uses of groundwater, in recognized water rights, and
associated groundwater recharge areas;
13. Establishment and implementation of a s tatewide beneficial
use monitoring progr am for waters of the state in coordination with
the other state environmental agencies;
14. Coordination with other state environmental agenci es and
other public entities of water reso urce investigations conducted b y
the federal United States Geological S urvey for water quality and
quantity monitoring in the state; and
15. Development and s ubmission of a report concerning the
status of water quality monitoring in this state pursuant to Section
1-1-202 of this title.
D. Oklahoma Department of Agriculture, Food, and Forestry.
1. The Oklahoma Department of Agriculture, Food, and Forestry
shall have the following jurisdictional areas of environmen tal
responsibility except as provided in p aragraph 2 of this subsection:
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a. point source discharges and nonpoint source runoff
from agricultural crop production, agricultural
services, livestock produc tion, silviculture, feed
yards, livestock markets and a nimal waste,
b. pesticide control,
c. forestry and nurseries,
d. fertilizer,
e. facilities which store grain, fee d, seed, fertilizer
and agricultural chemicals,
f. dairy waste and wastewater associated with milk
production facilities,
g. groundwater protection for activities subject to the
jurisdictional areas of environmental responsibility
of the Department,
h. utilization and enforcement of Oklahoma Water Quality
Standards and implementation document s,
i. development and promulgation of a Water Quality
Standards Implementation Plan pursuant to S ection 1-1-
202 of this title fo r its jurisdictional areas of
environmental responsibility, and
j. storm water discharges for activities subject to the
jurisdictional areas of environmental responsibility
of the Department.
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2. In addition to the jurisdicti onal areas of environmental
responsibility specified in subsection B of this section, the
Department of Environmental Quality shall have environmental
jurisdiction over:
a. (1) commercial manufacturers of fertilize rs, grain
and feed products, and chemicals , and over
manufacturing of foo d and kindred products,
tobacco, paper, lumber, wood, textile mill and
other agricultural products,
(2) slaughterhouses, but not including feedlots at
these facilities, and
(3) aquaculture and fish hatcheries,
including, but not limited to, discharges of
pollutants and storm water to waters of t he state,
surface impoundments and land application of wastes
and sludge, and other poll ution originating at these
facilities, and
b. facilities which store grain, feed, seed, fertilize r,
and agricultural chemicals t hat are required by
federal NPDES regula tions to obtain a permit for storm
water discharges shall only be subject to the
jurisdiction of the Department of Environmental
Quality with respect to such storm water discharges.
E. Corporation Commission.
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1. The Corporation Commission is hereby veste d with exclusive
jurisdiction, power and authority, and it shall be its duty to
promulgate and enforce rules, and issue and enforce orders gove rning
and regulating:
a. the conservation of oil and gas,
b. field operations for geologic and geophysical
exploration for oil, gas and brine, including seismic
survey wells, stratigraphic test wells a nd core test
wells,
c. the exploration, drilling, devel opment, producing or
processing for oil an d gas on the lease site,
d. the exploration, drilling, development, pro duction and
operation of wells used in connection with the
recovery, injection or dispos al of mineral brines,
e. reclaiming facilities only for the processing of salt
water, crude oil, natural gas condensate and tank
bottoms or basic sediment from crude oi l tanks,
pipelines, pits and equipment associated with the
exploration, drilling, develo pment, producing or
transportation of oil or gas,
f. underground injection control pursuant to th e federal
Safe Drinking Water A ct and 40 CFR Parts 144 through
148, of:
(1) Class II injection wells,
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(2) Class V injection wells utiliz ed in the
remediation of groundwater associated with
underground or abovegroun d storage tanks
regulated by the Commissio n,
(3) those wells used for the recovery, injection or
disposal of mineral brines as defined in the
Oklahoma Brine Development Act, and
(4) any aspect of any CO2 sequestration facility,
including any associated CO2 injection well, over
which the Commission is given jurisdiction
pursuant to the Oklahoma Carbon Capture and
Geologic Sequestration Act.
Any substance that the United States Envi ronmental
Protection Agency allows to be injected into a Class
II well may continue to be so injected,
g. tank farms for storage of crude oil and petro leum
products which are located outside the boundaries of
refineries, petrochemical manufacturing plants,
natural gas liquid ext raction plants, or other
facilities which are subject t o the jurisdiction of
the Department of En vironmental Quality with regard to
point source discharges,
h. the construction and operation of pipelines and
associated rights-of-way, equipment, facilities or
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buildings used in the transportation of oil, gas,
petroleum, petroleum products, anhydrous amm onia or
mineral brine, or in th e treatment of oil, gas or
mineral brine during the course of transportation but
not including line pipes in any:
(1) natural gas liquids extraction plant,
(2) refinery,
(3) reclaiming facility other than for those
specified within subparagraph e of this
subsection,
(4) mineral brine processing plant, and
(5) petrochemical manufacturing plant,
i. the handling, transportation, stora ge and disposition
of saltwater, mineral brines, waste oil and other
deleterious substances produ ced from or obtained or
used in connection with the drilling, developme nt,
producing and operating of oil and gas wells, at:
(1) any facility or activity speci fically listed in
paragraphs 1 and 2 of this subsection as being
subject to the jurisdiction of t he Commission,
and
(2) other oil and gas extraction facilities and
activities,
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j. spills of deleterious substances associated with
facilities and activities sp ecified in paragraph 1 of
this subsection or associated with other oil and gas
extraction facilities and activities,
k. subsurface storage of oil, natural gas and lique fied
petroleum gas in geologic strata,
l. groundwater protection for activities subject to the
jurisdictional areas of environmental responsibi lity
of the Commission,
m. utilization and enforcement of Oklahoma Water Quality
Standards and implementation doc uments, and
n. development and promulgation of a Water Quality
Standards Implementation Plan pursuant to Section 1-1-
202 of this title for its jurisdictional areas of
environmental responsibility.
2. The exclusive jurisdiction, power and authority of the
Commission shall also extend to the construction, operation,
maintenance, site remediati on, closure and abandonment of the
facilities and activ ities described in paragraph 1 of this
subsection.
3. When a deleterious substance from a Commission-regulated
facility or activity enters a point source discharge of pollutants
or storm water from a facility or activity regulated by the
Department of Environmental Quality, the Department shall h ave sole
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jurisdiction over the point source discharge of the commingled
pollutants and storm water from the two facilities or activities
insofar as Department -regulated facilities and activities are
concerned.
4. The Commission and the Department of Envir onmental Quality
are hereby authorized to obtain authorization from the Environmental
Protection Agency to administer, within their resp ective
jurisdictions, any and all programs regulating oil and gas
discharges into the waters of this state. For purpose s of the
federal Clean Water Ac t, any facility or activity which is sub ject
to the jurisdiction of the Commission pursuant to paragraph 1 of
this subsection and any other oil and gas extraction facility or
activity which requires a permit for the discharge of a pollutant or
storm water to waters of the United States shall be subject to the
direct jurisdiction and permitting authority of th e Oklahoma agency
having received delegation of this program from the Environm ental
Protection Agency.
5. The Commission shall have jurisdiction over:
a. underground storage tanks that conta in antifreeze,
motor oil, motor fuel, gasoline, kerosene, diesel, or
aviation fuel and that are not located at refineries
or at the upstream or intermediate shipment points of
pipeline operations, including, but not limited to,
tanks from which these mater ials are dispensed into
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vehicles, or tanks used in wholesale or b ulk
distribution activities, as well as leaks from pumps,
hoses, dispensers, a nd other ancillary equipment
associated with the tanks, whether above the ground or
below; provided, that any poi nt source discharge of a
pollutant to waters of the United States during site
remediation or the off-site disposal of contaminated
soil, media, or debris shall be regulated by the
Department of Environmental Quality,
b. aboveground storage tanks that conta in antifreeze,
motor oil, motor fuel, gasoline, kerosene, diesel, or
aviation fuel and that are not located at refineries
or at the upstream or intermediate shipment points of
pipeline operations including, but not l imited to,
tanks from which these materi als are dispensed into
vehicles, or tanks used in wholesale or bu lk
distribution activit ies, as well as leaks from pumps,
hoses, dispensers, an d other ancillary equipment
associated with the tanks, whether above the ground or
below; provided, that any poin t source discharge of a
pollutant to waters of the United States during site
remediation or the off-site disposal of contaminated
soil, media, or debris shall be regulated by the
Department of Environmental Quality, and
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c. the Petroleum Storage Tank Releas e Environmental
Cleanup Indemnity Fund, the Oklahoma Petroleum St orage
Tank Release Indemnity Program, and the Oklahoma
Leaking Underground Sto rage Tank Trust Fund.
6. The Department o f Environmental Quality shall h ave sole
jurisdiction to regulate the tr ansportation, discharge or release of
deleterious substances or s olid or hazardous waste or other
pollutants from rolling stock and rail facili ties. The Department
of Environmental Qua lity shall not have any jurisdi ction with
respect to pipeline transport ation of carbon dioxide.
7. The Department of Environmental Qual ity shall have sole
environmental jurisdiction for point and nonpoint source d ischarges
of pollutants and storm water to waters of the state from:
a. refineries, petrochemical manufacturing p lants and
natural gas liquid extraction plants,
b. manufacturing of equipment and produc ts related to oil
and gas,
c. bulk terminals, abovegrou nd and underground storage
tanks not subject to the jurisdiction of the
Commission pursuant to this subsection, a nd
d. other facilities, activities and sources not subject
to the jurisdiction of the Co mmission or the Oklahoma
Department of Agriculture, Foo d, and Forestry as
specified by this secti on.
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8. The Department of Envir onmental Quality shall have sole
environmental jurisdiction to regulate air emissions from all
facilities and sources subject to operating permit requirements
under Title V of the fed eral Clean Air Act as amended.
F. Oklahoma Conservation Commission. The Oklahoma Conservation
Commission shall have the following jurisdictional areas of
environmental responsi bility:
1. Soil conservation, erosion control and nonpoint source
management except as otherwise provided by law;
2. Monitoring, evaluation and asses sment of waters to determine
the condition of streams and rivers being impacted by nonpoint
source pollution. In carrying out t his area of responsibility, the
Oklahoma Conservation C ommission shall serve as the technical lea d
agency for nonpoint source ca tegories as defined in Section 319 of
the federal Clean Water Act or other subsequent federal or state
nonpoint source programs, except for activities related to
industrial and munici pal storm water or as otherwise provided b y
state law;
3. Wetlands strategy;
4. Abandoned mine reclamation;
5. Cost-share program for land use activities;
6. Assessment and c onservation plan develo pment and
implementation in watersheds of clean lakes, as specified by law;
7. Complaint data ma nagement;
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8. Coordination of e nvironmental and natural resources
education;
9. Federal upstream flood control program;
10. Groundwater protection for activi ties subject to the
jurisdictional areas of environment al responsibility of the
Commission;
11. Development and promulgation of a Water Quality Standards
Implementation Plan pursuant to Section 1 -1-202 of this title for
its jurisdictional areas of environ mental responsibility;
12. Utilization of Oklahoma Wat er Quality Standards and
Implementation documents; and
13. Verification and certification of carbon sequestratio n
pursuant to the Oklahoma Carbon Sequestration Enhancement Act. This
responsibility shall not be superseded by the Oklahoma Carbon
Capture and Geologic Sequestration Act.
G. Department of Mines. The Department of Mines shall have the
following jurisdictional areas of environmental responsibility:
1. Mining regulation;
2. Mining reclamation of active mines;
3. Groundwater protection for act ivities subject to the
jurisdictional areas of environmental responsibili ty of the
Commission; and
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4. Development and promulgation of a Water Quality Standards
Implementation Plan pursuant to Section 1-1-202 of this title for
its jurisdictional areas of r esponsibility.
H. Department of Wildlife Conservation. The Department o f
Wildlife Conservation shall have the f ollowing jurisdictional areas
of environmental responsibilities:
1. Investigating wildl ife kills;
2. Wildlife protection and seeking wildlife damage claims; and
3. Development and pr omulgation of a Water Quality S tandards
Implementation Plan pursuant to Section 1-1-202 of this title for
its jurisdictional areas of en vironmental responsibil ity.
I. Department of Public Safety. The Department o f Public
Safety shall have the following j urisdictional areas of
environmental responsibilities:
1. Hazardous waste, substances and material transportation
inspections as author ized by the Hazardous M aterials Transportation
Act; and
2. Inspection and aud it activities of hazardous waste and
materials carriers and handlers as a uthorized by the Hazardous
Materials Transportation Act.
J. Department of Labor. The Department of Labo r shall have the
following jurisdictional areas of environmental responsibilit y:
1. Regulation of asbestos in the workp lace pursuant to Chapter
11 of Title 40 of the Oklahoma Statutes;
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2. Asbestos monitoring in public and private buildings; and
3. Indoor air quality as regula ted under the authority of the
Oklahoma Occupational He alth and Safety Standards Act, except for
those indoor air quality issues specifically authorized to be
regulated by another agency.
Such programs shall be a function of the Depa rtment's
occupational safety and health jurisdiction.
K. Oklahoma Department of Emergency Management. The Oklahoma
Department of Emergency Management shall have the following
jurisdictional areas of environmental responsibilities:
1. Coordination of all emergency resources an d activities
relating to threats to citizens ' lives and property pursuant to the
Oklahoma Emergency Resources Management Act of 1967;
2. Administer and enforce the pla nning requirements of Title
III of the Superfund Amendments and R eauthorization Act of 1 986 and
develop such other emergency operations plans t hat will enable the
state to prepare for, respond to, recover from and mi tigate
potential environmental emergenci es and disasters pursuant to the
Oklahoma Hazardous Materials Pla nning and Notification Act;
3. Administer and conduct periodic exercises of e mergency
operations plans provided for in this subsection pursuant to the
Oklahoma Emergency Resources Management Act of 1967;
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4. Administer and facilitate hazardous materials t raining for
state and local emergency planners and first responders pursuant t o
the Oklahoma Emergency Resources Managem ent Act of 1967; and
5. Maintain a computerized emergency information system
allowing state and local access to information regarding h azardous
materials' location, quantity and potential threat.
SECTION 2. AMENDATORY 27 A O.S. 2021, Section 2-6-103, is
amended to read as follows:
Section 2-6-103. A. The Department of Environmental Quality
shall have and is here by authorized to exerci se the power and duty
to:
1. Develop comprehensive pro grams for the prevention, control
and abatement of new or existing pollut ion of the waters of this
state;
2. Encourage, participate in, or conduct studies,
investigations, resea rch and demonstrations relating to water
pollution and causes, prevention, con trol and abatement thereof as
it may deem advisable and necessary in the public interest for the
discharge of its duties under this act;
3. Collect and disseminate information r elating to water
pollution and the prevention, control and abatement thereof;
4. Require the submission of and review plans, specifications
and other data relative to disposal or treatment s ystems or any part
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thereof in connection with the issuance of suc h permits as are
required by this article;
5. Enforce the provisions of this article, rules promulgated
thereunder, and permits, licenses, and certifi cations issued
pursuant thereto and Okla homa Water Quality Standards;
6. Establish, implement, amend and enforce the Water Qual ity
Management Plan, the continuing planning process do cuments, and
total maximum daily loads;
7. Require the submission of rep orts or laboratory analyses
performed by certified laboratories or operators for purposes of
compliance monitoring and testing o r other purposes for which
laboratory reports or analys es are required pursuant to this
article;
8. Coordinate the preparation of the continuing planning
process documents and total maximum daily loads with other
environmental agencies and natural resourc e agencies; and
9. Issue swimming and fishing advisori es related to human and
animal health hazards for waters of the state, ba sed on available
data.
B. 1. The Environmental Quality Board shall have the authority
to promulgate such rules as may be neces sary to implement the
policies and duties set forth in this article including, but not
limited to, rules pertaining to services, permits, licenses and
certifications, including certifications under Section 401 of the
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Clean Water Act, and, pursuant to Secti on 2-3-402 of this title, fee
schedules for such servic es, permits, licenses and certifications.
2. The Board may adopt by refe rence standards of quality of the
waters of the state and classifications of such waters as are
lawfully established by the Okla homa Water Resources Board and the
United States Enviro nmental Protection Agency as Oklahoma's Water
Quality Standards, may directly adopt variances and site-specific
criteria to such water quality standards, and promulgate other rules
to protect, maintain and improve the best uses of waters in this
state in the interest of the public under such cond itions as may be
necessary or appropriate for the preventio n, control and abatement
of pollution.
3. The Board shall promulgate rules which describe procedures
for amending and updating the Water Quality Management Plan or which
are otherwise consistent w ith the Continuing Planning Process and
its components. Such rules shall:
a. be in substantial conformance with any applicable
federal requirements and may inc orporate appropriate
U.S. Environmental Protection Agen cy regulations by
reference, and
b. require public notice to be given of any major
amendment and of any update of the Water Quality
Management Plan and allow not less than a forty -five-
day opportunity for public comment thereon. Such
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rules shall also auth orize the Department, if it
determines public interest in the proposed amendment
or update is significant, to give notice of and
conduct a public meeting on the proposals in
accordance with federal req uirements. The rules shall
provide that the notice, co mment period, and public
meeting if any, related to an amendment or update
proposed in conjunction w ith the issuance,
modification or renewal of a discharge permit or
permits, may be combined with the notice, comment
period, and public meeting if any, held on the
proposed permit action or actions .
C. The Executive Director may:
1. Issue, modify, or rev oke orders:
a. prohibiting or abating pollution of the waters of the
state,
b. requiring the construc tion of new disposal or
treatment systems or any parts thereof or the
modification, extension or alteration of existing
disposal or treatment systems or an y part thereof, or
the adoption of other remedial measures to prevent,
control or abate pollution, an d
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c. requiring other actions such as the Executive Dire ctor
may deem necessary to enforce the pr ovisions of this
article and rules promulgated thereunder;
2. Issue, continue in effect, revoke, amend, modify or deny,
renew, or refuse to renew under such co nditions as the Department
may prescribe, permits, lice nses and certifications, including
certifications under Section 401 of the Clean Water Act, to preve nt,
control or abate pollution of waters of the state; and
3. Exercise all incidental powers which a re necessary and
proper to carry out the purposes of th is article.
SECTION 3. AMENDATORY 82 O.S. 2021, Section 1085.2 , is
amended to read as follows:
Section 1085.2 In addition to any and all other authority
conferred upon it by law, the Oklahoma Water Resources Board shall
also have authority:
1. Generally to do all such things as in its judgment may be
necessary, proper or exped ient in the accomplishment of its duties;
2. To make such contracts and execute such instruments as in
the judgment of the Board are necessary or convenien t to the
exercise of any of t he powers conferred upon it by law. Provided,
however, no contract sha ll be made conveying the title or use of any
waters of the State of Oklahoma to any person, firm, cor poration or
other state or subdivision of government, f or sale or use in any
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other state, unless such contract be specifically author ized by an
act of the Oklahoma Legislature and thereafter as approved by it;
3. To negotiate contracts and other agreement s with the federal
government to arrange for the develo pment of water resources and for
the storage and distribution of water for ben eficial purposes;
provided, however, that the Board shall act in such capacity only as
an intermediary in assisting others, and under no circumstances
shall the Board have any po wer or authority to build, co nstruct or
finance any waterways, dams or other s uch projects for itsel f,
except as may be otherwise specifically provided by the laws of this
state;
4. To develop statewi de and local plans to assure the best and
most effective use and control of water to meet both the current and
long-range needs of the people of Oklahoma; to cooperate in such
planning with any public or private agency, entity or person
interested in water, and is directed to prepare such plans for
consideration and approval by the Legisl ature; and to aid, at all
times, counties, incorp orated cities and town s and special purpose
districts in the state in promoting and developing flood control and
water conservation in the state;
5. To employ and fix the compen sation of such officers, agen ts,
attorneys, technical personnel and employees of the Board as it
shall deem necessary to the proper performance of its duties;
6. To adopt and use an official seal;
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7. To promulgate such rules and make orders as it may dee m
necessary or convenient to the exercise of any of the powers or the
performance of any of the duti es conferred or imposed upon it by
this or any other law;
8. To institute and maintain, or to interv ene in, any actions
or proceedings in or before any cou rt, board, commission or offi cer
of this or any other state or of the United S tates to stop or
prevent any use, misuse, appropriation or taking of any of the
waters of this state which is in whole or i n part in violation of
any law, or of any rules, orders , judgments or decrees of any court,
board, commission or officer of this or a ny state or of the Uni ted
States; and to institute and maintain or intervene in any other
action or proceeding where the Bo ard deems it necessary to the
proper execution and disc harge of any of the powers or duties
conferred or imposed upon it by law;
9. To determine, charge a nd receive fees to be collected in
advance for the filing and examination of applications for permits
to:
a. construct water use works,
b. appropriate groundwater,
c. appropriate stream water,
d. establish vested rights,
e. inspect water use works,
f. file other papers,
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g. make copies of documents,
h. make prints of maps and drawings,
i. certify copies of documents, maps and drawings,
j. file transfers of wat er rights,
k. gauge wells and ditches, changes in point of diversion
and changes in place of use of water,
l. test wells, and
m. hold hearings, make records and provide transcripts of
hearings.
Such fees shall not be collected from any state agency or stat e
institution;
10. To negotiate contracts or water compacts with the federal
government or any depa rtment or bureau thereof, or with any other
state for the purpose of obtaining assistance and coopera tion in the
accomplishment of the purpose of flood cont rol and water
conservation and use in the state. To that end, the Board may m atch
funds with the federal government and with other states upon such
terms as shall be agreed upon and approved by the Go vernor of the
state, with the limitation that contracts or water compacts with
other states for the division and apportionment of the cost and use
of the water controlled by interstate projects shall be submitted to
and approved by the Legislature of the s tate and the Governor of the
state, and Congress and th e President of the United Sta tes
conformable to the State and Federal Constitu tions;
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11. To accept gifts and grants of money and property or any
interest therein;
12. To provide funding from federal and state monies for water
and wastewater project purpo ses to eligible entities for preliminary
engineering reports and planning and feasibility studies;
13. To sell or dispose of real or personal property held by the
Board when no longer needed in such m anner as provided by law;
14. To make appropriations o f water to all special purpos e
districts;
15. To execute and deliver, without actual consideration
therefor, a written release of any easement or easement deed
heretofore given to the Conservation Com mission of the State of
Oklahoma, the Planning and Reso urces Board or the Oklahoma W ater
Resources Board on lands situated in this st ate, whenever it shall
appear to said Oklahoma Water Resources Board that the need for such
easement or easement deed no lo nger exists; provided, the owner of
the lands affected shall file a written applicat ion for such release
with the Oklahoma Water Reso urces Board;
16. To adopt, modify or repeal and promulgate standards of
quality of the waters of the state and to classify such waters
according to their best uses in the intere st of the public under
such conditions as the Board may prescribe for the prev ention,
control, and abatement of pollution. The standard of quality of
waters of the state adopted by the Board pursuant to the provisions
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of Section 1085.30 of this title shal l be utilized by all
appropriate state environmental agencies in implementing their
respective duties to abate and prevent pollution to the waters of
the state, except the Department of Environmental Q uality shall have
the authority to ado pt water quality standard variances and site-
specific criteria to the extent that such variance s and site-
specific criteria are utilized in and enforced through water qual ity
permits issued by the Department;
17. To review disputes involving service areas or territories,
rates for raw or treated water, and abroga tion clauses in contracts
among municipalities and rural water di stricts or not-for-profit
rural water corporati ons; to recommend mediation and refer parties
in appropriate disputes to mediators and provide technic al
information to such mediators; and to r ecommend other means of
resolving disputes; provided, that no par ty to such dispute may
initiate action in any d istrict court regarding the dispute until
written notice of the dispute has been filed with the Board;
provided further that the provisions of t his paragraph shall not be
construed to diminish any right of acc ess to the court granted to a
party by law;
18. To provide workshop training sessions for board members of
rural water districts and not -for-profit rural water corporations
throughout the year on a regional basis for the purpose of study and
instruction in the areas of financing, law and the ethics, d uties
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and responsibilities of such board members. Such training shall be
provided by the Board in con junction with the Oklahoma Rural Water
Association as required by law. To the extent possible, the Board
shall attempt to schedule training workshops in three-hour segments
to be held in any public facility at a time convenient to the
attendees;
19. To establish an agency special account through the Office
of Management and Enterprise Services and the State T reasurer's
Office as necessary for the collecti on and distribution of funds,
including funds of sponsors and registration fees related to
conferences, meetings and training sessions; and
20. To accredit persons having requisite knowledge in
floodplain management and in minimization and prevention of f lood
hazards and losses.
SECTION 4. 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 abatemen t of
pollution of the waters of this state, and in order to establish
state standards which comply wit h the Federal Water Pollution
Control Act as amended, the Oklahoma Water Resources Board is
authorized to promulgate rules to be known as "Oklahoma Water
Quality Standards" which establish classificati ons of uses of waters
of the state, criteria to maintai n and protect such classifications,
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and other standards or policies pertaining to the quality of such
waters.
2. The Oklahoma Water Quality Standards sha ll, at a minimum, be
designed to maintain and p rotect the quality of the waters of the
state.
3. Wherever the Board finds it is practical and i n the public
interest to do so, the rules may be amended to upgra de and improve
progressively the quality of wat ers of the state.
4. a. The Board may also amen d Oklahoma Water Quality
Standards to downgrade a desig nated use of any waters
of this state which is not an existing use, may
establish subcategories of a use or may provide for
less stringent criteria or oth er provisions thereof
only in those limited cir cumstances permissible under
the Federal Water Pollutio n Control Act as amended or
federal rules which implement the act.
b. The Board may amend the Oklahoma Wate r Quality
Standards to downgrade a designated u se, establish
subcategories of a use or may pro vide for less
stringent criteria or other provisions th ereof only to
the extent as will maintain or improve the existing
uses and the water quality of the water a ffected;
provided, however, the Board shall not modify the
Oklahoma Water Quality Standards ap plicable to scenic
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river areas as such areas are descri bed by Section
896.5 of this title, to dow ngrade a designated use,
establish a subcategory of a use or prov ide for less
stringent criteria or other provis ions thereof.
5. The Board shall propose any n ecessary rules to allow for the
development of nutrient trading programs by state environmental
agencies no later than November 1, 2026.
B. 1. Prior to adopting such standards or any amendment
thereof, the Board shall conduct public hearings thereon . Notice of
such hearing shall be published in accordance w ith the
Administrative Procedures Act and shall be mailed at least twenty
(20) days before such public hear ing to the chief executive of each
municipality and county in the area affected and shall be m ailed to
all affected holders of permits obtained pursu ant to the Oklahoma
Environmental Code, an d such other persons that have requested
notice of hearings on su ch standard modifications.
2. If adoption or amendment of a classification to a lower or
downgraded classification is proposed because treatment con trols
required of the current or a higher or upgraded classification would
result in substantial and widesp read social and economic impact, the
Board shall, in addition to any hearing required by subse ction B of
this section, conduct a public meeting withi n a central location
within the area to be affected. The Board shall cause notice of
such additional publi c meeting to be published for at least two (2)
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consecutive weeks in a newspaper of general cir culation published in
the county or counties in the are a affected.
C. 1. The Oklahoma Water Qua lity Standards, their accompanying
use support assessment protoco ls, anti-degradation policy and
implementation, and policies generally affecting Oklahoma Wate r
Quality Standards application and implementation incl uding, but not
limited to, mixing zones, low flows and variances, except for
variances and site-specific criteria adopted by the Department of
Environmental Quality pursuant to paragra ph 18 of subsection B of
Section 1-3-101 of Title 27A of the Oklahoma Statutes, or any
modification or change thereof shall be promulgated by the Board in
compliance with the Administra tive Procedures Act and shall 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 benef icial 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 Standar ds or making
any modification or change thereof, the Board shall announce a
reasonable time for persons discharging waste into the water s of the
state to comply with such new or modified standards unless such
discharges create an actual or potential hazard to public health.
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3. Any discharge in accord with such standards of the Board and
in compliance with r ules, requirements and wasteload allocations
established by the Department of Environmental Quality and with
rules promulgated by other state environmen tal agencies shall not be
deemed to be pollution.
4. Notwithstanding the implem entation jurisdiction pr ovided to
the Board in paragraph 1 of subsection C of this section, the
Department of Environmental Quality sha ll have jurisdiction to adopt
variances and site-specific criteria and to develop and utilize
policies and requirements, as provided in paragraph paragraphs 18
and 22 of subsection B of Section 1 -3-101 of Title 27A of the
Oklahoma Statutes.
SECTION 5. This act shall become effective Novem ber 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON ENERGY
April 7, 2022 - DO PASS