| 38 | 64 | | |
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| 39 | 65 | | An Act relating to environment and natural resources; |
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| 40 | 66 | | amending 27A O.S. 2011, Section 2 -7-403, which |
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| 41 | 67 | | relates to highway remediation and cleanup; providing |
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| 42 | 68 | | exception for authority o ver highway remediation and |
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| 43 | 69 | | cleanup services; amending 17 O.S. 2011, Section 52, |
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| 44 | 70 | | as amended by Section 1, Chapter 77, O.S.L. 2016 (17 |
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| 45 | 71 | | O.S. Supp. 2020, Section 52) , which relates to the |
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| 46 | 72 | | authorities of the Corp oration Commission; providing |
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| 47 | 73 | | definitions; providing authority to Corporation |
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| 48 | 74 | | Commission for certain highway remediation and |
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| 49 | 75 | | cleanup services; and providing an effective date. |
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| 50 | 76 | | |
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| 51 | 77 | | |
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| 52 | 78 | | |
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| 53 | 79 | | |
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| 54 | 80 | | |
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| 55 | 81 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 56 | 82 | | SECTION 1. AMENDATORY 27A O.S. 2011, Section 2 -7-403, is |
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| 57 | 83 | | amended to read as follows: |
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| 58 | 84 | | A. The Department of Environmental Quality shall have the power |
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| 59 | 85 | | and authority to license , supervise, govern and regulate highway |
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| 60 | 86 | | remediation and cleanup se rvices and highway remediation and cleanup |
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| 61 | 87 | | service operators in this state except as provided in Section 2 of |
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| 62 | 88 | | this act. |
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| 63 | 89 | | B. The Environmenta l Quality Board is authorized to adopt rules |
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| 64 | 90 | | as necessary to implement the provisions of this act. The rules |
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| 93 | 143 | | vehicles, the records to be kept by operators and liability |
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| 94 | 144 | | insurance and other insura nce or bonding requirements in such sums |
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| 95 | 145 | | and with such provisions as the Department deems necessary to |
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| 96 | 146 | | adequately protect the interests of the public. The rule s may |
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| 97 | 147 | | address such other matters as the Board deems necessary for the |
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| 98 | 148 | | protection of the public. |
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| 99 | 149 | | SECTION 2. AMENDATORY 17 O.S. 2011, Section 52, as |
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| 100 | 150 | | amended by Section 1, Chapter 77, O.S.L. 2016 (17 O.S. Supp. 2020, |
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| 101 | 151 | | Section 52), is amended to read as follows: |
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| 102 | 152 | | Section 52. A. 1. Except as otherwise provided by this |
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| 103 | 153 | | section, the Corporation Commission is hereby vested with ex clusive |
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| 104 | 154 | | jurisdiction, power and authority with reference to: |
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| 105 | 155 | | a. the conservation of oil and gas, |
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| 106 | 156 | | b. field operations for geologic and geophysical |
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| 107 | 157 | | exploration for oil, gas and brine , including seismic |
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| 108 | 158 | | survey wells, stratigraphic test wells and core test |
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| 109 | 159 | | wells, |
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| 110 | 160 | | c. the exploration, drilling, development, producing or |
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| 111 | 161 | | processing for oil and gas on the lease site, |
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| 112 | 162 | | d. the exploration, drilling, development, production and |
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| 113 | 163 | | operation of wells used in connection with the |
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| 114 | 164 | | recovery, injection or disposal of mineral br ines, |
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| 144 | 218 | | bottoms or basic sediment from crude oil tanks, |
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| 145 | 219 | | pipelines, pits and equipment associated with the |
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| 146 | 220 | | exploration, drilling, development, producing or |
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| 147 | 221 | | transportation of oil or gas, |
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| 148 | 222 | | f. injection wells known as Class I I wells under the |
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| 149 | 223 | | federal Underground Injection Control Program, and any |
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| 150 | 224 | | aspect of any CO2 sequestration facility , including |
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| 151 | 225 | | any associated CO2 injection well, over which the |
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| 152 | 226 | | Commission is given jurisdiction pursuant to the |
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| 153 | 227 | | Oklahoma Carbon Capture and Geol ogic Sequestration |
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| 154 | 228 | | Act. Any substance that the United States |
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| 155 | 229 | | Environmental Protection Agency allows to be injected |
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| 156 | 230 | | into a Class II well may continue to be so injected, |
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| 157 | 231 | | g. tank farms for storage of crude oil and petroleum |
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| 158 | 232 | | products which are located outside the boundaries of |
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| 159 | 233 | | refineries, petrochemical manufacturing plants, |
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| 160 | 234 | | natural gas liquid extraction plants, or other |
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| 161 | 235 | | facilities which are subject to the jurisdiction of |
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| 162 | 236 | | the Department of Env ironmental Quality with regard to |
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| 163 | 237 | | point source discharges, |
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| 164 | 238 | | h. the construction and operation of pipelines and |
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| 165 | 239 | | associated rights-of-way, equipment, facilities or |
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| 195 | 293 | | mineral brine, or in the treatment of oil, gas or |
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| 196 | 294 | | mineral brine during the course of transportation but |
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| 197 | 295 | | not including line pipes in any: |
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| 198 | 296 | | (1) natural gas liquids extraction plant, |
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| 199 | 297 | | (2) refinery, |
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| 200 | 298 | | (3) reclaiming facility other than for those |
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| 201 | 299 | | specified within subparagraph e of this |
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| 202 | 300 | | subsection, |
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| 203 | 301 | | (4) mineral brine processing plant, and |
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| 204 | 302 | | (5) petrochemical manufacturing plant, |
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| 205 | 303 | | i. the handling, transportation, storage and disposition |
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| 206 | 304 | | of saltwater, mineral brines, waste oil and other |
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| 207 | 305 | | deleterious substances produc ed from or obtained or |
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| 208 | 306 | | used in connection with the drilling, developm ent, |
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| 209 | 307 | | producing and operating of oil and gas wells, at: |
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| 210 | 308 | | (1) any facility or activity specifically listed in |
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| 211 | 309 | | paragraphs 1 and 2 of this subsection as being |
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| 212 | 310 | | subject to the jurisdiction of th e Commission, |
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| 213 | 311 | | and |
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| 214 | 312 | | (2) other oil and gas extraction facilities and |
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| 215 | 313 | | activities, |
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| 249 | 371 | | l. the licensing, supervising, governing and regulating |
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| 250 | 372 | | of highway remediation and cleanup services and |
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| 251 | 373 | | highway remediation and cleanup service operators in |
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| 252 | 374 | | this state for the remediation of brin e and oil, as |
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| 253 | 375 | | defined in this section. |
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| 254 | 376 | | 2. As used in this section : |
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| 255 | 377 | | a. “brine” means subterranean saltwater and all of its |
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| 256 | 378 | | constituent parts and chemical substances therein |
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| 258 | 380 | | magnesium, potassium, lithium, boron, chl orine, |
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| 259 | 381 | | iodine, calcium, strontium, sodium, sulphur, barium or |
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| 260 | 382 | | other chemical substances produced wit h or separated |
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| 261 | 383 | | from such saltwater. Brine produced as an incident to |
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| 262 | 384 | | the production of oil or gas, unless such brine is |
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| 263 | 385 | | saved or sold for the purposes of re moving chemical |
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| 264 | 386 | | substances therefrom, shall not be considered brine |
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| 265 | 387 | | for the purposes of this act. Gas, whether found in |
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| 295 | 441 | | b. “oil” means crude petroleum oil and all oth er |
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| 296 | 442 | | hydrocarbons, regardless of gravity, which are |
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| 297 | 443 | | produced in liquid form, but does not include liqu id |
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| 298 | 444 | | hydrocarbons which were originally in a gaseous phase |
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| 299 | 445 | | in the reservoir. |
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| 300 | 446 | | 2. 3. The exclusive jurisdiction, power and authority of the |
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| 301 | 447 | | Corporation Commission shall al so extend to the construction, |
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| 302 | 448 | | operation, maintenance, site remedi ation, closure and abandonment of |
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| 303 | 449 | | the facilities and activities described in paragraph 1 of this |
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| 304 | 450 | | subsection. |
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| 305 | 451 | | 3. 4. When a deleterious substance from a Commission -regulated |
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| 306 | 452 | | facility or activity enters a point source discharge of pollutants |
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| 307 | 453 | | or storm water from a facility or activity regulated by the |
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| 308 | 454 | | Department of Environmental Quality, the Department shall have sole |
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| 309 | 455 | | jurisdiction over the point source discharge of the commingled |
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| 310 | 456 | | pollutants and storm water from the two facilities or activities |
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| 311 | 457 | | insofar as Department-regulated facilities and activities are |
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| 312 | 458 | | concerned. |
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| 313 | 459 | | 4. 5. For purposes of the Federal Clean Water Act, any facilit y |
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| 314 | 460 | | or activity which is subject to the jurisdiction of the Corporation |
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| 315 | 461 | | Commission pursuant to paragraph 1 of this subsection and any other |
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| 316 | 462 | | oil and gas extraction facility or activity which requires a permit |
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| 346 | 516 | | United States Environmental Protection Agency and shall not be |
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| 347 | 517 | | required to be permitted by the Department of Environmental Quality |
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| 348 | 518 | | or the Corporation Commission for such discha rge. |
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| 349 | 519 | | 5. 6. The Corporation Commission shall have jurisdiction over: |
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| 350 | 520 | | a. underground storage tanks that contain antifreeze, |
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| 351 | 521 | | motor oil, motor fuel, gasoline, kerosene, diesel, or |
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| 352 | 522 | | aviation fuel and that are not located at refineries |
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| 353 | 523 | | or at upstream or intermediat e shipment points of |
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| 354 | 524 | | pipeline operations, including, but not limite d to, |
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| 355 | 525 | | tanks from which these materials are dispensed into |
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| 356 | 526 | | vehicles, or tanks used in wholesale or bulk |
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| 357 | 527 | | distribution activities, as well as leaks from pumps, |
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| 358 | 528 | | hoses, dispensers, and other anc illary equipment |
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| 359 | 529 | | associated with the tanks, whether above the groun d or |
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| 360 | 530 | | below; provided that any point source discharge of a |
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| 361 | 531 | | pollutant to waters of the United States during site |
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| 362 | 532 | | remediation or the off -site disposal of contaminated |
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| 363 | 533 | | soil, media, or debris sh all be regulated by the |
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| 364 | 534 | | Department of Environmental Quality, |
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| 365 | 535 | | b. aboveground storage tanks that contain antifreeze, |
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| 366 | 536 | | motor oil, motor fuel, gaso line, kerosene, diesel, or |
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| 367 | 537 | | aviation fuel and that are not located at refineries |
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| 397 | 591 | | tanks from which these materials are dispensed into |
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| 398 | 592 | | vehicles, or tanks use d in wholesale or bulk |
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| 399 | 593 | | distribution activities, as well as leaks from pumps, |
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| 400 | 594 | | hoses, dispensers, and other ancillar y equipment |
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| 401 | 595 | | associated with the tanks, whether above the ground or |
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| 402 | 596 | | below; provided that any point source discharge of a |
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| 403 | 597 | | pollutant to waters of the United States during site |
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| 404 | 598 | | remediation or the off -site disposal of contaminated |
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| 405 | 599 | | soil, media, or debris shall b e regulated by the |
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| 406 | 600 | | Department of Environmental Quality, and |
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| 407 | 601 | | c. the Petroleum Storage Tank Release Environmental |
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| 408 | 602 | | Cleanup Indemnity Fund and Pro gram and the Leaking |
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| 409 | 603 | | Underground Storage Tank Trust Fund. |
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| 410 | 604 | | 6. 7. The Department of Environmental Quality shall have s ole |
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| 411 | 605 | | jurisdiction to regulate the transportation, discharge or re lease of |
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| 412 | 606 | | deleterious substances or hazardous or solid waste or other |
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| 413 | 607 | | pollutants from rolling stock and rail facilities. The Department |
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| 414 | 608 | | of Environmental Quality shall not have any jurisdiction with |
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| 415 | 609 | | respect to pipeline transportation of carbon dioxide. |
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| 416 | 610 | | 7. 8. The Department of Environmental Quality shall have sole |
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| 417 | 611 | | environmental jurisdic tion for point and nonpoint source discharges |
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| 418 | 612 | | of pollutants and storm water to waters of the state from: |
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| 448 | 666 | | b. manufacturing of oil and gas related equipment and |
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| 449 | 667 | | products, |
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| 450 | 668 | | c. bulk terminals, aboveground and underground storage |
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| 451 | 669 | | tanks not subject to the jurisdiction of the |
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| 452 | 670 | | Commission pursuant to this subsection, and |
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| 453 | 671 | | d. other facilities, activ ities and sources not subject |
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| 454 | 672 | | to the jurisdiction of the Corporation Commission o r |
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| 455 | 673 | | Department of Agriculture as specified by this |
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| 456 | 674 | | section. |
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| 457 | 675 | | 8. 9. The Department of Environmental Quality shall have s ole |
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| 458 | 676 | | environmental jurisdiction to regulate air emissions f rom all |
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| 459 | 677 | | facilities and sources subject to operating permit requirements |
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| 460 | 678 | | under Title V of the Federal Clean Air Act as amended. |
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| 461 | 679 | | B. The Corporation Commission and incorporated cities and towns |
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| 462 | 680 | | shall have exclusive jurisdiction over permit fees for the drill ing |
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| 463 | 681 | | and operation of oil and gas wells. |
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| 464 | 682 | | C. The Corporation Commission shall comply with and enforce the |
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| 465 | 683 | | Oklahoma Water Quality Standards. |
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| 466 | 684 | | D. For purposes of immediately responding to emergency |
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| 467 | 685 | | situations having potentially critical environmental or publi c |
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| 468 | 686 | | safety impact and resulting from activities within its jurisdiction, |
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| 469 | 687 | | the Corporation Commission may take whatever action is necessary, |
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