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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1325 By: Daniels
AS INTRODUCED
An Act relating to water and water rights; amending 2
O.S. 2021, Section 20-21, which relates to Oklahoma
Swine Feeding Operations Act ; amending 27A O.S. 2021,
Sections 1-1-202, 1-3-101, and 2-6-103, which relate
to powers of state environmental agencies and powers
and duties of Department of Enviro nmental Quality;
amending 82 O.S. 2021, Sections 1085.30, and
1085.30a, which relate to Oklahoma Water Quality
Standards; transferring authority to administer
Oklahoma Water Qualit y Standards to the Department of
Environmental Quality; conf orming language; updating
statutory language; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 20 -21, is
amended to read as follows:
Section 20-21. Except as otherwise provided by Sect ion 20-19 of
this title and subsection I of this section, s wine feeding
operations using liquid swine waste management systems and housing
swine in roof-covered structures shall not be located within the
following applicable distances from an occupied resi dence:
1. More than 4000 swine animal units..............2 miles;
2. 2001 to 4000 swine animal units ................1 1/4 miles;
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3. 1001 to 2000 swine animal units ................3/4 mile;
4. 601 to 1000 swine animal units .................1/2 mile;
5. 300 to 600 swine animal units ..................1/4 mile; and
6. Less than 300 swine animal units...............no setback.
B. Except as otherwise provided by Section 20 -19 of this title
and subsection I of this section, new swine feeding operati ons
established on or after November 1, 2011, using liquid swine waste
management systems and hous ing swine in roof-covered structures
shall not be located w ithin three (3) miles from the outside
boundary of any area or facility with an average annual regi stered
attendance of not less than two thousand (2,000) people and owned or
operated as a camp or recreational site by a nonprofit organization
established prior to application of the swine feeding operation.
C. Except as otherwise provided by Section 20 -19 of this title
and subsection I of this section, new swine feeding operations
established on or after November 1, 2011, using liquid swine waste
management systems and housing swine in roof -covered structures
shall not be located within one (1) mile from the outside boundary
of any area or facility with an average annual registered attendance
of less than two thousand (2,000) people and owned or operated as a
camp or recreational site by a nonprofit organization established
prior to application of the swi ne feeding operation.
D. Except as otherwise provided by this section, no licensed
managed feeding operation which applies for a new or expanding
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concentrated swine feeding operation license shall be located within
three (3) miles of the outside boundary of any area or facility
owned or operated as a camp or recreational site by a nonprofit
organization established prior to application of the concentrated
swine feeding operation.
E. 1. In determining whether any such area or facility is a
camp or recreational site, the State Board of Agriculture shall
consider:
a. whether a reasonable person, after c onsidering the
totality of the circumstances, would determi ne that
the area or facility is predominately used for camping
or recreational purposes,
b. the type of permanent structures or fixtures of a
recreational nature located on the land,
c. the frequency with which the site is used for
recreational purposes,
d. the types of activities which are conducted or engaged
in on the site, and
e. any other factors the Board deems directly relevant to
the question of whether a site is recreational in
nature.
2. The setbacks contained in subsections B, C and D shall appl y
only if the property was owned or leased by such organization prior
to the construction or establ ishment of the swine feeding operation.
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F. The setback requirements contained in subsections A, B , C or
D of this section shall not apply to any property ow ner who executes
a written waiver with the owner or operator of the swine feeding
operation, under such terms and conditions as are agreed to by the
parties. The written waiver shall be effective upon recording of
the waiver in the office of the county cl erk in the county in which
the property is located. The filed waiver shall preclude
enforcement of the setback requirements of subsection A, B, C or D
of this section with regard to property descr ibed in the waiver and
owned by the person executing the wa iver. A change in ownership of
the applicable property or change in ownership of the property on
which the swine feeding operation is located shall not affect the
validity of the waiver.
G. No licensed managed feeding operation established after June
10, 1998 which applies for a new or expanding license shall be
located:
1. Within three (3) miles of any designated scenic river area
as specified by the Scenic Rivers Act;
2. Within three (3) miles of the outside boundary of any
historic property or museum owned by the State of Oklahoma this
state;
3. Within three (3) miles of a public drinking water well;
4. Within one (1) mile of a water body specified as Outstanding
Resource Waters outstanding resource waters that has recreational or
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ecological significance as outlined by the most current Oklahoma
Water Quality Standards promulgated by the Oklahoma Water Resources
Board Department of Environmental Quality ; or
5. Within three (3) m iles of a national park designated by the
United States Department of the Interior National Park Service.
H. All distances between occupied residences and swine feeding
operations shall be measured from the closest corner of the walls of
the occupied residence to the closest point of the nearest waste
facility, as determined by the Oklahoma Department of Agriculture,
Food, and Forestry. The property boundary line of the real property
is not used unless it coincides with the closest point of the waste
facility or occupied residence.
I. The provisions of t his section shall not apply to any swine
feeding operation which has been licensed by or which had submitted
an application to the Department on or prior to March 9, 1998. In
addition, the provisions of t his section shall not apply to any
swine feeding operation with a capacity of 2000 swine animal units
or less which was established prior to June 1, 1998.
SECTION 2. AMENDATORY 27A O.S. 2021, Section 1 -1-202, is
amended to read as follows:
Section 1-1-202. A. Each state environm ental agency shall:
1. Be responsible for fully implementing and enforcing the laws
and rules within its jurisdictional areas of environmental
responsibility;
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2. Utilize and enforce the Oklahoma Water Quality Standard s
established by the Oklahoma Water Resources Board Department of
Environmental Quality;
3. Seek to strengthen relationships between state, regional,
local and federal environmental planning, development and management
programs;
4. Specifically facilitat e cooperation across jurisdictional
lines of authority with other state environmental agencies regarding
programs to resolve environmental concerns;
5. Cooperate with all state environmental agencies, other state
agencies and local or federal governmental entities to protect,
foster, and promote the general welfare, and the environment and
natural resources of this state;
6. Have the authority to engage in environmental and natural
resource information dissemination and e ducation activities within
their respective areas of environmental juri sdiction; and
7. Participate in every hearing conducted by the Oklahoma Water
Resources Board Department of Environmental Quality for the
consideration, adoption or amendment of the classification of waters
of the state and standards of purity and quality thereof, and shall
have the opportunity to present written comment to the members of
the Oklahoma Water Resources Board Department of Environmental
Quality at the same time staff recommendations are submitted to
those members for Board review and consider ation.
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B. 1. In addition to the requirements of subsection A of this
section, each state environmental agency shall have promulgated by
July 1, 2001, a Water Quality Standards Implementation Plan for its
jurisdictional areas of environmental responsibili ty in compliance
with the Administrative Procedures Act and pursuant to the
provisions of this section. Each agency shall review its plan at
least every three (3) years thereafter to determine whether
revisions to the plan are necessary.
2. Upon the request of any state environmental agency, the
Oklahoma Water Resources Board Department of Environmenta l Quality
shall provide consulting assistance to such agency in developing a
Water Quality Standards Implementation Pla n as required by this
subsection.
3. Each Water Quality Standards Implementation Plan shall:
a. describe, generally, the processes, procedures and
methodologies the state environmental agency will
utilize to ensure that programs within its
jurisdictional areas of environmental responsibility
will comply with anti-degradation standards and lead
to:
(1) maintenance of water quality where beneficial
uses are supported,
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(2) removal of threats to water quality where
beneficial uses are in danger of not being
supported, and
(3) restoration of water quality where beneficial
uses are not being supported,
b. include the procedures to be utilized in the
application of use support assessment protocols to
make impairment determinations,
c. list and describe programs af fecting water quality,
d. include technical information and procedures to be
utilized in implementing the Water Quality Standards
Implementation Plan,
e. describe the method by which the Water Quality
Standards Implementation Plan will be integrated into
the water quality management activitie s within the
jurisdictional areas of environmental responsibility
of the state environmental agency,
f. detail the manner in which the agency will comply with
mandated statewide requirements affecting water
quality developed by other state environmental
agencies including, but not limited to, total maximum
daily load development, water discharge permit
activities and nonpoint source pollution prevention
programs,
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g. include a brief summary of the written comments and
testimony received pursuant to all publi c meetings
held or sponsored by the state environmental agency
for the purpose of providing the public and other
state environmental agencies an opportunity to comment
on the plan, and
h. describe objective methods and means to evaluate the
effectiveness of activities conducted pursuant to the
Water Quality Standards Implementation Plan to achieve
Water Quality Standards.
C. 1. Each state environmental agency with groundwater
protection authority pursuant to Article II I of the Oklahoma
Environmental Quality Act shall be the groundwater protection agency
for activities within its jurisdictional areas of environmental
responsibility.
2. The Department of Environmental Quality shall cooperate with
other state environmenta l agencies, as appropriate and necess ary, in
the protection of such unassigned activities.
3. Groundwater regulatory agencies shall develop groundwater
protection practices to prevent groundwater contamination from
activities within their respective juris dictional areas of
environmental responsibility.
4. Each groundwater protection agency shall promulgate such
rules, and issue such permits, policies, directives or any other
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appropriate requirements, as necessary, to implement the
requirements of this sub section.
5. Groundwater protection a gencies shall take such action as
may be necessary to assure that activities within their respective
jurisdictional areas of environmental responsibility protect
groundwater quality to support the uses of the state ’s water
quality.
6. In addition, each gr oundwater protection agency with
enforcement authority is hereby authorized to:
a. engage the voluntary cooperation of all persons in the
maintenance and protection of groundwater, and to
advise, consult and cooperate w ith all persons, all
agencies of the state, universities and colleges, the
federal government or other states, and with
interstate agencies in the furtherance of the purposes
of this subsection, and to this end and for the
purposes of studies, scientific o r other
investigations, research, exp eriments and
demonstrations pertaining thereto, receive and spend
funds as appropriated by the Legislature, and from
such agencies and other officers and persons on behalf
of the state,
b. encourage the formulation and execution of plans to
maintain and protect groundwater by cooperative groups
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or associations of municipal corporations, industries,
industrial users and other users of groundwaters of
the state, who, jointly or severally, are or may be
impacting on the mai ntenance and protection of
groundwater,
c. encourage, participate in or conduct or cause to be
conducted studies, scientific or other investigations,
research, experiments and demonstrations relating to
the maintenance and protection of groundwater, and to
collect data with respect thereto, a ll as may be
deemed advisable and necessary to carry out the
purposes of this subsection, and to make reports and
recommendations with respect thereto,
d. conduct groundwater sampling, data collection,
analyses and evaluations with sufficient frequency to
ascertain the characteristics and quality of
groundwater and the sufficiency of the groundwater
protection programs established pursuant to this
subsection, and
e. develop a public education and promotion program to
aid and assist in publicizing the need o f, and
securing support for, the maintenance and protection
of groundwater.
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D. Each state environmental agency and each state agency with
limited environmental responsibilities shall participate in the
information management system developed by the Depart ment of
Environmental Quality, pursuant to Section 1-4-107 of this title,
with such information as the Department shall reasonably request.
E. In each even-numbered year, in cooperation with other state
environmental agencies participating in the monitori ng of water
resources, the Oklahoma Water Resources Board Department of
Environmental Quality shall provide a report on the status of water
quality monitoring to the Legislature for review.
SECTION 3. AMENDATORY 27A O.S. 2021, Sec tion 1-3-101, is
amended to read as follows:
Section 1-3-101. A. The provisions of this section specify the
jurisdictional areas of responsibility for each state environmental
agency and state agencies with limited environmental responsibility.
The jurisdictional areas of environmental responsibility specified
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, inte ragency agreement or executive order
enacted or entered into prior to the effective date of this sect ion
which conflicts with the assignment of jurisdictional environmental
responsibilities specified by this section is hereby superseded.
The provisions of this subsection shall not nullify any f inancial
obligation arising from services rendered pursuant t o any
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interagency agreement or executive order entered into prior to July
1, 1993, nor nullify any obligations or agreements with private
persons or parties entered into with any state environmen tal agency
before July 1, 1993.
B. Department of Environment al Quality. The Department of
Environmental Quality shall have the following jurisdictional areas
of environmental responsibility:
1. All point source di scharges of pollutants and storm water t o
waters of the state which originate from municipal, industr ial,
commercial, mining, transportation and utilities, construction,
trade, real estate and finance, services, public administration,
manufacturing and oth er sources, facilities and activities, e xcept
as provided in subsections D and E of this section;
2. All nonpoint source discharges and pollution except as
provided in subsections D, E and F of this section;
3. Technical lead agency for point source, non point source and
storm water pollution c ontrol programs funded under Section 106 of
the federal Clean Water Act, for areas within the Department ’s
jurisdiction as provided in this subsection;
4. Surface water and groundwater quality and protection and
water quality certifications;
5. Waterworks and wastewater works operator certification;
6. Public and private water supplies;
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7. Underground injection control pursuant to the federal Safe
Drinking Water Act and 40 CFR Parts 144 through 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 Commission,
c. those wells used for the recovery, injection or
disposal of mineral brines as defined in the Oklah oma
Brine Development Act regulated by the Commission, and
d. 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 Se questration
Act;
8. Notwithstanding any other provision in t his section or other
environmental jurisdiction statute, sole and exclusive jurisdiction
for air quality under the federal Clean Air Act and applicable sta te
law, except for indoor air quality an d asbestos as regulated for
worker safety by the federal Occu pational Safety and Health Act and
by Chapter 11 of Title 40 of the Oklahoma Statutes;
9. Hazardous waste and solid waste , including industrial,
commercial and municipal waste;
10. Superfund responsibilities of the state under the
Comprehensive Environme ntal Response, Compensation and Liability Act
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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 use
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 d etection by public safety bomb
squads within law enforcement agencies of this state or within law
enforcement agencies of any political subdivision of this state;
12. Water, waste, and wastewater treatment systems including,
but not limited to, septic tan ks or other public or private waste
disposal systems;
13. Emergency response as specified by law;
14. Environmental laboratory services and laboratory
certification;
15. Hazardous substances other than branding, package and
labeling requirements;
16. Freshwater wellhead protection;
17. Groundwater protection for activities subject to the
jurisdictional areas of environmental responsibility of the
Department;
18. Utilization and enforcement of Oklahoma Water Quality
Standards and implementation documen ts;
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19. Environmental regulation of any entity or activity, and the
prevention, control and abatemen t of any pollution, not subject to
the specific statutory authority of another state environmental
agency;
20. Development and maintenance of a computeriz ed information
system relating to water quality pursuant to Section 1-4-107 of this
title;
21. Development and promulgation of a Oklahoma Water Quality
Standards, their accompanying use support assessment protocols,
anti-degradation policies generally affecting Oklahoma Water Quality
Standards application and implementation including but not limited
to mixing zones, low flows and variances or any modification or
change thereof pursuant to Section 1085.30 of Title 82 of the
Oklahoma Statutes, and the Implementation Plan pursuant 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 implementation of Oklahoma Groundwater Quality
Standards to the extent that 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.
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C. Oklahoma Water Resources Board. The Oklahoma Water
Resources Board shall have the following jurisdictional areas of
environmental responsibility:
1. Water quantity including, but not limited to, water rights,
surface water and underground water, planning, and interstate stream
compacts;
2. Weather modificat ion;
3. Dam safety;
4. Flood plain management;
5. State water/wastewater loans and grants revolving fund and
other related financial aid programs;
6. Administration of the federal Clean Water State Revolving
Fund Program including, but not limited to, making application for
and receiving capitalization grant awards, wastewater prioritization
for funding, technical project reviews, environmental review
process, and financial review and administration;
7. Water well drillers/pump installers licensing;
8. Technical lead agency for clean l akes eligible for 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, monitoring, studying and restoring Oklahoma lakes
with administration to include, but not be limited to, receipt and
expenditure of funds from federal, state and private sources for
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clean lakes and implementation of a volunteer monit oring program to
assess and monitor state water resources, provided such funds from
federal Clean Water A ct sources are administered and disbursed by
the Office of the Secretary of Environment;
9. Except as set forth in paragraph 22 of subsection B of thi s
section, statewide water quality standards and t heir accompanying
use support assessment protocols, ant i-degradation policy and
implementation, and policies generally affecting Oklahoma Water
Quality Standards application and implementation including but not
limited to mixing zones, low flows and varian ces or any modification
or change thereof pursuant to S ection 1085.30 of Title 82 of the
Oklahoma Statutes;
10. Groundwater protection for activiti es subject to the
jurisdictional areas of environmental re sponsibility of the Board;
11. 10. Development and promulgation of a Water Quality
Standards Implementation Plan pursuant to Section 1 -1-202 of this
title for its jurisdictional area of environmental r esponsibility;
12. 11. Development of classification s and identification of
permitted uses of groundwa ter, in recognized water rights, and
associated groundwater rech arge areas;
13. 12. Establishment and implementation of a statewide
beneficial use monitoring pr ogram for waters of the state in
coordination with the other state environmental agencies;
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14. 13. Coordination with other state environmental agencies
and other public entities of water resource investigations conducted
by the federal United States Geologica l Survey for water quality and
quantity monitoring in the state; and
15. 14. Development and submission 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 Agricultu re, Food, and Forestry.
1. The Oklahoma Department of Agriculture, Food, and Forestry
shall have the following jurisdictional areas of environmental
responsibility except as provided in paragraph 2 of this subsection:
a. point source discharges and nonpoi nt source runoff
from agricultural cr op production, agricultural
services, livestock pr oduction, silviculture, feed
yards, livestock markets and animal waste,
b. pesticide control,
c. forestry and nurseries,
d. fertilizer,
e. facilities which store grain, feed, seed, fertilizer
and agricultural chemicals,
f. dairy waste and wastewater associ ated with milk
production facilities,
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g. groundwater protection for activiti es subject to the
jurisdictional areas of environmental responsibility
of the Department,
h. utilization and enforcement of Oklaho ma Water Quality
Standards and implementation docu ments,
i. 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, and
j. storm water discharges for activities subject to the
jurisdictional areas of environmental responsibility
of the Department.
2. In addition to the jurisdictional 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 fertilizers, grain
and feed products, and chemicals, and over
manufacturing of food 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 ha tcheries,
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including, but not limited to, discharges of
pollutants and storm water to waters o f the state,
surface impoundments and land application of wastes
and sludge, and other pollution originating at these
facilities, and
b. facilities which store gra in, feed, seed, fertilizer,
and agricultural chemicals that are required by
federal NPDES regulations 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 st orm water discharges.
E. Corporation Commission.
1. The Corporation Commission is hereby ve sted with exclusive
jurisdiction, power and authority, and it shall be its duty to
promulgate and enforce rules, and issue and enforce orders governing
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 wel ls and core test
wells,
c. the exploration, drilling, development, producing or
processing for oil and gas on the lease site,
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d. the exploration, drilling, development, production and
operation of wells use d in connection with the
recovery, injection or di sposal of mineral brines,
e. reclaiming facilities only for the processing o f salt
water, crude oil, natural gas condensate and tank
bottoms or basic sediment from crude oil tanks,
pipelines, pits and equip ment associated with the
exploration, drilling, de velopment, producing or
transportation of oil or gas,
f. underground injection control pursuant to the federal
Safe Drinking Water Act and 40 CFR Parts 144 through
148, of:
(1) Class II injection wells,
(2) Class V injection wells utilized in the
remediation of groundwater associated with
underground or aboveground storage tanks
regulated by the Commission,
(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
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pursuant to the Oklahoma Carbon Capture and
Geologic Sequestration Act.
Any substance that the United States Environmental
Protection Agency allows to be injected into a Class
II well may continue to be so in jected,
g. tank farms for storage of crude oil and petroleum
products which are located outsi de the boundaries of
refineries, petrochemical manufacturing plants,
natural gas liquid extraction plants, or other
facilities which are subject to the jurisdictio n of
the Department of Environmental Quality with regard to
point source discharges,
h. the construction and operation of pipeline s and
associated rights-of-way, equipment, facilit ies or
buildings used in the transportation of oil, gas,
petroleum, petroleum products, anhydrous ammonia or
mineral brine, or in the treatment of oil, gas or
mineral brine during the course of transportati on 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,
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(4) mineral brine processi ng plant, and
(5) petrochemical manufacturing plant,
i. the handling, transportation, s torage and disposition
of saltwater, mineral brines, waste oil and other
deleterious substances produced from or obtained or
used in connection with the drilling, develo pment,
producing and operating of oil and gas wells, at:
(1) any facility or activity s pecifically listed in
paragraphs 1 and 2 of this subsection as being
subject to the jurisdiction of the Commission,
and
(2) other oil and gas extraction facilities and
activities,
j. spills of deleterious s ubstances associated with
facilities and activitie s specified in paragraph 1 of
this subsection or associated with other oil a nd gas
extraction facilities and activities,
k. subsurface storage of oil, natural gas and li quefied
petroleum gas in geologic str ata,
l. groundwater protection for activities subj ect to the
jurisdictional areas of environmental responsibility
of the Commission,
m. utilization and enforcement of Oklahoma Water Quality
Standards and implementation documents, and
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n. development and promulgation of a Water Quality
Standards Implementat ion Plan pursuant to Section 1-1-
202 of this title for its jurisdictional ar eas of
environmental responsibility.
2. The exclusive jurisdiction, power and authority of t he
Commission shall also extend to th e construction, operation,
maintenance, site remed iation, closure and abandonment of the
facilities and activities described i n 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 Qualit y, the Department shall have sole
jurisdiction over the point source discharge of the comming led
pollutants and storm water from t he two facilities or activities
insofar as Department-regulated facilities and activities are
concerned.
4. The Commission an d the Department of Environmental Quality
are hereby authorized to obtain authorization from the Environmental
Protection Agency to administer, within their respective
jurisdictions, any and all programs regulating oil and gas
discharges into the waters of this state. For purposes of the
federal Clean Water Act, any facility or activity which is subject
to the jurisdiction of the Co mmission pursuant to paragraph 1 of
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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 the Oklahoma agency
having received delegation of this program from the Environmental
Protection Agency.
5. The Commission shall have jurisdiction over:
a. underground storage tanks that co ntain antifreeze,
motor oil, motor fuel, gasoline, kerosene, diesel, or
aviation fuel and that are not located at refineries
or at the upstream or intermediate shi pment points of
pipeline operations, including, but not limited to,
tanks from which these ma terials are dispensed into
vehicles, or tanks used in wholesale or bulk
distribution activities, as well as leaks from pumps,
hoses, dispensers, and other ancillar y equipment
associated with the tanks, whether above the ground or
below; provided, that any point 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 co ntain antifreeze,
motor oil, motor fuel, gasoline, kerosene, diesel, or
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aviation fuel and that are not located at refineries
or at the upstream or intermediate shi pment points of
pipeline operations including, but not limited to,
tanks from which these mat erials are dispensed into
vehicles, or tanks used in wholesale or bulk
distribution activities, as well as leaks from pumps,
hoses, dispensers, and other ancillary equipment
associated with the tanks, whether above the ground or
below; provided, that any p oint 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 b e regulated by the
Department of Environmental Quality, and
c. the Petroleum Storage Tank Rel ease Environmental
Cleanup Indemnity Fund, the Oklahoma Petroleum Storage
Tank Release Indemnity Program, and the Oklahoma
Leaking Underground Storage Tank Trust F und.
6. The Department of Environmental Quality shall have sole
jurisdiction to regulate the transportation, discharge or release of
deleterious substances or solid or hazardous w aste or other
pollutants from rolling stock and rail facilities. The Depart ment
of Environmental Quality shall not have any jurisdiction with
respect to pipeline transp ortation of carbon dioxide.
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7. The Department of Environmental Quality shall have sole
environmental jurisdiction for point and nonpoint source discharges
of pollutants and storm water to waters of the state from:
a. refineries, petrochemical manufacturin g plants and
natural gas liquid extra ction plants,
b. manufacturing of equipment and pr oducts related to oil
and gas,
c. bulk terminals, aboveground and undergroun d storage
tanks not subject to the jurisdiction of the
Commission pursuant to this subsection , and
d. other facilities, activities and sources not subject
to the jurisdiction of th e Commission or the Oklahoma
Department of Agriculture, Food, and Forestry a s
specified by this section.
8. The Department of Environmental Quality shall have sole
environmental jurisdiction to regulate ai r emissions from all
facilities and sources subjec t to operating permit requirements
under Title V of the federal Clean Air Ac t as amended.
F. Oklahoma Conservation Commission. The Oklahoma Conservation
Commission shall have the following jurisdictional areas of
environmental responsibility:
1. Soil conservation, erosion control and nonpoint source
management except as otherwi se provided by law;
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2. Monitoring, evaluation and assessment of waters to determine
the condition of streams and rivers being imp acted by nonpoint
source pollution. In carrying o ut this area of responsibility, the
Oklahoma Conservation Commission shall s erve as the technical lead
agency for nonpoint source categories as defined in Section 319 of
the federal Clean Water Act or other subsequent federal or state
nonpoint source progr ams, except for activities related to
industrial and municipal storm water o r as otherwise provided by
state law;
3. Wetlands strategy;
4. Abandoned mine reclamation;
5. Cost-share program for land use a ctivities;
6. Assessment and conservation plan de velopment and
implementation in watersheds of clean lakes, as specified by l aw;
7. Complaint data management;
8. Coordination of environmental and natural resources
education;
9. Federal upstream flood c ontrol program;
10. Groundwater protection for ac tivities subject to the
jurisdictional areas of environmental 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 env ironmental responsibility;
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12. Utilization of Oklahoma Water Quality Standa rds and
Implementation documents; and
13. Verification and certification of carbon sequestra tion
pursuant to the Oklahoma Carbon Sequestration Enhancement Act. This
responsibility shall not be superseded by the Oklahoma Carbon
Capture and Geologic Seques tration Act.
G. Department of Mines. The Department of Mines shall have the
following jurisdictional areas of environmental resp onsibility:
1. Mining regulation;
2. Mining reclamation of active mines;
3. Groundwater protection for activities subject t o the
jurisdictional areas of environmental responsibility of the
Commission; and
4. Development and promulgation of a Water Qual ity Standards
Implementation Plan pursuant to Sect ion 1-1-202 of this title for
its jurisdictional areas of responsibility.
H. Department of Wildlife Conservation. The Department of
Wildlife Conservation shall have th e following jurisdictional areas
of environmental responsibilities:
1. Investigating wildlife kills;
2. Wildlife protection and seeking wildlife damage claims; a nd
3. 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 respons ibility.
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I. Department of Public Safety. The Department of Public
Safety shall have the following jurisdictional areas of
environmental responsibilities:
1. Hazardous waste, substances and material trans portation
inspections as authorized by the Oklahoma Motor Carrier Safety and
Hazardous Materials Transportation Act; and
2. Inspection and audit activities of hazardous waste and
materials carriers and handlers as authorized by the Oklahoma Motor
Carrier Safety and Hazardous Materials Transportation Act.
J. Department of Labor. The Department of Labor shall have the
following jurisdictional areas of environmental responsibility:
1. Regulation of asbestos in the workplace pursuant to Chapter
11 of Title 40 of the Oklahoma Statutes;
2. Asbestos monitoring in pub lic and private buildings; and
3. Indoor air quality as re gulated under the authority of the
Oklahoma Occupational Health and Safety S tandards Act, except for
those indoor air quality issues speci fically authorized to be
regulated by another agency.
Such programs shall be a function of the Department ’s
occupational safety and health jurisdiction.
K. Oklahoma Department of Emergency Mana gement. The Oklahoma
Department of Emergency Management shall have the following
jurisdictional areas of environmental r esponsibilities:
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1. Coordination of all emergency resource s and activities
relating to threats to citizens ’ lives and property pursuan t to the
Oklahoma Emergency Resources Management Act of 1967;
2. Administer and enforce the planning requirements of Tit le
III of the Superfund Amendments and Reauthorization Act of 1986 and
develop such other emergency operations plans that will enable t he
state to prepare for, respond to, recover from and mitigate
potential environmental emerge ncies and disasters pursuant to the
Oklahoma Hazardous Materials Planning and Notificat ion Act;
3. Administer and conduct periodic exercises of emergency
operations plans provided for in this subsection pursuant to the
Oklahoma Emergency Resources Managem ent Act of 1967;
4. Administer and facilitate hazardous materials training for
state and local emergency planners and first responders pursuant to
the Oklahoma Emergency Resources Management Act of 1967; and
5. Maintain a computerized emergency informati on system
allowing state and local access to information regarding hazardous
materials’ location, quantity and potential threat.
SECTION 4. AMENDATORY 27A 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 hereby authorized to ex ercise the power and duty
to:
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1. Develop comprehensive programs for the prevention, control
and abatement of new or existing pollution of the waters of this
state;
2. Encourage, participate in, o r conduct studies,
investigations, research and demonstrati ons relating to water
pollution and causes, prevention, control and abatement thereof as
it may deem advisable and necessary in the public interest for the
discharge of its duties under this act Section 2-6-101 et seq. of
this title;
3. Collect and dissem inate information relating 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 systems or any part
thereof in connection with the issuance of such permits as are
required by this article;
5. Enforce the provisions of this article, rules promulgated
thereunder, and permits, licenses, and certifications issued
pursuant thereto and Oklahoma Water Quality Standards;
6. Establish, implement, amend and enforce the Water Q uality
Management Plan, the continuing planning process documents, and
total maximum daily loads;
7. Require the submission of reports or labora tory analyses
performed by certified laboratories or operators for purpo ses of
compliance monitoring and testin g or other purposes for which
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laboratory reports or analyses are required pursuant to this
article;
8. Coordinate the preparation of the continu ing planning
process documents and total maximum daily loads with other
environmental agencies and natural reso urce agencies; and
9. Issue swimming and fishing advisories related to human and
animal health hazards for waters of the state, based on availab le
data.
B. 1. The Environmental Quality Board shall have the authorit y
to promulgate such rules as may be ne cessary to implement the
policies and duties set forth in this article including, but not
limited to, rules pertaining to services, permits, lice nses and
certifications, including certifications under Section 401 of t he
Clean Water Act, and, pursuant to Se ction 2-3-402 of this title, fee
schedules for such services, permits, licenses and certifi cations.
2. The Board may adopt by reference standard s of quality of the
waters of the state and classifications of such wate rs as are
lawfully established by the Oklahoma Water Resources Board
Department of Environmental Quality and the United States
Environmental Protection Agency as Oklahoma’s 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 conditions as may be necessary or appropriate for
the prevention, control and abatement of pollution.
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3. The Board shall promulgate rules which describe procedures
for amending and updating the Water Quality Manage ment Plan or which
are otherwise consistent with the Continuing Planning Process and
its components. Such rules shall:
a. be in substantial conformance with any applicable
federal requirements and may incorporate app ropriate
U.S. Environmental Protection Agency 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 c omment thereon. Such
rules shall also authorize 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 requirements. The rules shall
provide that the notice , comment period, and public
meeting if any, related to an amendment or update
proposed in conjunct ion with the issuance,
modification or renewal of a discharge permit or
permits, may be combined with the notice, comm ent
period, and public meeting if any, held on the
proposed permit action or actions.
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C. The Executive Director may:
1. Issue, modify, o r revoke orders:
a. prohibiting or abating pollution of the waters of the
state,
b. requiring the construction of new disposal or
treatment systems or any pa rts thereof or the
modification, extension or alteration of existing
disposal or treatment systems or any part thereof, or
the adoption of other remedial measures to prevent,
control or abate pollution, and
c. requiring other actions such as the Executive Director
may deem necessary to enforce the provisions of this
article and rules promulgated thereun der;
2. Issue, continue in effect, revoke, amend, modify or deny,
renew, or refuse to renew under such conditions as the Department
may prescribe, permits, licenses and certifications , including
certifications under Section 401 of the Clean Water Act, to prevent,
control or abate pollution of waters of the state; and
3. Exercise all incidental powers which are necessary and
proper to carry out the purposes o f this article.
SECTION 5. 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
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pollution of the waters of this state, and in order to establish
state standards which comply with 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 waters of the state, criteria
to maintain and protect su ch classifications, and other standards or
policies pertaining t o the quality of such waters.
2. The Oklahoma Water Quality Standards shall, at a minimum, be
designed to maintain and protect the quality of th e waters of the
state.
3. Wherever the Board Department finds it is practical and in
the public interest to do so, the rules may be amended to upgrade
and improve progressively the quality of waters of the state.
4. a. The Board Department may also amend Oklahoma Water
Quality Standards to downgrade a designated use 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 circu mstances permissible under
the Federal Water Po llution Control Act as amended or
federal rules which implement the act.
b. The Board Department may amend the Oklahoma Water
Quality Standards to downgrade a designated use,
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establish subcategories of a use o r may provide for
less stringent criteria or other provisions thereof
only to the extent as will maintain or im prove the
existing uses and the water quality o f the water
affected; provided, however, the Board Department
shall not modify the Oklahoma Water Quality Standards
applicable to scenic river areas as such areas are
described by Section 896.5 of this title, to downgrade
a designated use, establish a subc ategory of a use or
provide for less stringent criteria or other
provisions thereof.
5. The Board Department shall propose any necessary rules t o
allow for the development of nutrient trading programs by stat e
environmental agencies no la ter than November 1, 2026.
B. 1. Prior to adopting such standards or any amendment
thereof, the Board Department 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 Okl ahoma
Environmental Quality Code, and such other persons that have
requested notice of hearings on such standard modifications.
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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 social and economic impact, the
Board Department shall, in addition to any hearing required by
subsection B of this section, conduct a public meeting within a
central location within the area to be affecte d. The Board
Department shall cause notice of such additional public meeting to
be published for at least two (2) consecutive weeks in a newspap er
of general circulation published in the county or counties in the
area affected.
C. 1. The Oklahoma Water Quality Standards, their accompanying
use support assessment protocols, anti -degradation policy and
implementation, and policies generally affect ing Oklahoma Water
Quality Standards appli cation and implementat ion including, but not
limited to, mixing zones, low flows and variances or any
modification or change thereof shall be promulgated by th e Board
Department in compliance with the Administrativ e 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 Department shall be consistent with s tate 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.
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2. In promulgating Oklahoma Water Quality Standards or making
any modification or change thereof, the Board Department shall
announce a reasonable time for persons discharging waste int o the
waters of the state to comply with such n ew or modified standards
unless such discharg es create an actual or potential hazard to
public health.
3. Any discharge in accord with such stan dards of the Board
Department and in compliance with all other rules, requirements and
wasteload allocations established by the Department of Environmental
Quality and with rules promulgated by other s tate environmental
agencies shall not be deemed to be p ollution.
4. Notwithstanding the implementation jurisdiction pr ovided to
the Board Department in paragraph 1 of subsection C of this section,
the Department of Environmental Quality sha ll also have jurisdiction
to develop and utilize policies and requirem ents, as provided in
paragraph 22 of subsection B of Section 1 -3-101 of Title 27A of the
Oklahoma Statutes.
SECTION 6. AMENDATORY 82 O.S. 2021, Section 1085.30a, is
amended to read as follows:
Section 1085.30a. Oklahoma Water Quality Standards, promulgated
by the Oklahoma Water Resources Board Department of Environmental
Quality, shall designate:
1. Watersheds that are nutrient -limited; and
2. Groundwaters that are nutrient -vulnerable.
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SECTION 7. This act shall beco me effective November 1, 2022.
58-2-2630 RJ 1/18/2022 9:01:19 AM