reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 1 - General Provisions › Section 252:740-1-1 - Purpose, scope and applicability

Current through Vol. 41, No. 20, July 1, 2024
(a) According to 82
				O.S., §1085.30, the Oklahoma 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 such classifications, and other standards or
				policies pertaining to the quality of such waters
. [82 O.S. §
				1085.30(A)]. The "Oklahoma Water Quality Standards" are codified at OAC
				252:730. Section
				1085.30 of Title 82 O.S. also
				provides for the Oklahoma Department of Environmental Quality to adopt and
				promulgate accompanying rules to implement the Oklahoma Water Quality
				Standards. Such implementation rules are set forth in OAC 252:740 and shall be
				enforced by all state agencies within the scope of their jurisdiction.
				Implementation rules promulgated by other state environmental agencies shall
				not be inconsistent with the implementation rules in OAC 252:740.
(b) If an affected person can demonstrate to
				the satisfaction of the permitting authority that scientific methods, data, or
				implementation procedures different than those specified in this Chapter will
				achieve a more appropriate or representative implementation of the Standards,
				then the permitting authority shall use or apply such methods, data, or
				procedures to implement the Standards. In those circumstances where the
				permitting authority does not agree that the affected person's proposed
				scientific methods, data, or implementation will result in a more appropriate
				or representative implementation of the Standards, the affected person may
				request a review of the proposed scientific methods, data, or implementation by
				the agency responsible for Standards implementation who shall determine its
				appropriateness.
(c) Implementation
				rules promulgated in this Chapter by DEQ and promulgated elsewhere by other
				state environmental agencies with authority for implementation provide a bridge
				between Water Quality Standards in OAC 252:730 and water quality management.
				For example, Water Quality Standards contain numerical criteria to protect
				aquatic life. Permits incorporating these criteria must be issued to limit
				effluent concentrations so that the criteria are not violated outside the
				mixing zone. In this case the implementation rules describe how the criteria
				are translated into permit limits.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 1 - General Provisions › Section 252:740-1-3 - Procedural and substantive authority

Current through Vol. 41, No. 20, July 1, 2024
The rules in OAC 252:740 provide for implementation of the
				  "Oklahoma Water Quality Standards". The rules in this Chapter are promulgated
				  as rules by DEQ pursuant to the procedures specified in the Oklahoma
				  Administrative Procedures Act, 75 O.S. Section 250 et. seq., and pursuant to
				  the substantive law provided in 82 O.S. Section 1085.30.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 1 - General Provisions › Section 252:740-1-4 - Testing procedures

Current through Vol. 41, No. 20, July 1, 2024
All methods of sample collection, preservation, and analysis
				  used in implementing OAC 252:730 shall be in accordance with "The Guidelines
				  Establishing Test Procedures for the Analysis of Pollutants" as provided by 40
				  C.F.R. Part 136 , or other procedures approved by the Oklahoma Laboratory
				  Accreditation Program of the Oklahoma Department of Environmental Quality or
				  practices that are institutionally recognized and appropriate for the parameter
				  of concern and documented in accordance with OAC
				  252:740-15-3(e) and
				  (g).
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 1 - General Provisions › Section 252:740-1-5 - Errors and separability

Current through Vol. 41, No. 20, July 1, 2024
(a) Any errors in
				OAC 252:740 resulting from inadequate and erroneous data or human or clerical
				oversight will be subject to correction by DEQ. Discovery of any such errors
				does not render the remaining and unaffected implementation rules in OAC
				252:740 invalid.
(b) If any
				implementation rule in OAC 252:740 is held to be invalid, the application of
				such rule to other circumstances and the remainder of OAC 252:740 shall not be
				affected thereby.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 1 - General Provisions › Section 252:740-1-6 - Determination of regulatory low flow

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
(1)
7Q2.
The 7Q2 is calculated as a moving average of seven consecutive days for each
				year in a given record. These seven-day low flow values are ranked in ascending
				order. An order number (m) is calculated based upon the number of years of
				record (n), with a recurrence interval (R) of two years, as m = (n+1)/R, where
				R = two years. A value of flow corresponding to the m th order is taken as the
				seven-day, two-year low flow for those historical data.
(2)
Seasonal 7Q2.
The seasonal
				7Q2 is calculated as a moving average of seven consecutive days for the
				applicable dates specified in Table 1 of Appendix G of OAC 252:730 in a given
				period of record. These seven-day low flow values are ranked in ascending
				order. An order number (m) is calculated based upon the number of seasons (n)
				specified in Table 1 of OAC 252:730 Appendix G during the period of record,
				with a recurrence interval (R) of two years, as m = (n+1)/R, where R = two
				years. A value of flow corresponding to the m th order is taken as the seasonal
				seven-day, two-year low flow for those historical data.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 3 - Implementation of Narrative Toxics Criteria to Protect Aquatic Life Using Whole Effluent Toxicity (WET) Testing › Section 252:740-3-1 - Applicability and scope

Current through Vol. 41, No. 20, July 1, 2024
(a) The rules in
				this Subchapter provide a portion of the framework for implementing narrative
				criteria in OAC 252:730 which prohibit toxicity to aquatic life in waters of
				the state. This framework is based upon a testing method known as whole
				effluent toxicity (WET) testing. WET testing is to be used to address point
				source activities which have the potential for persistent effluent toxicity.
				The rules in this Subchapter prescribe the method for determining regulatory
				flow, dilutions required for WET tests, and the method for determining whether
				there is a reasonable potential to exceed the narrative criteria for the Fish
				and Wildlife Propagation beneficial use.
(b) If it is determined that toxicity is
				related to a particular chemical constituent, a numerical permit limit may be
				imposed for that toxicant.
(c)
				Toxicity from halogens (e.g. chlorine, bromine and bromo-chloro compounds) will
				be controlled by dehalogenation rather than WET testing. However, use of
				dehalogenation shall not exempt an effluent from the WET testing requirements
				of this Subchapter.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 3 - Implementation of Narrative Toxics Criteria to Protect Aquatic Life Using Whole Effluent Toxicity (WET) Testing › Section 252:740-3-2 - Dilutions for whole effluent toxicity testing

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
Generally, two whole effluent toxicity tests shall be
				used to implement the narrative criteria to protect fish and wildlife
				propagation. The 48-hour acute test will be used to protect against acute
				toxicity in receiving water, and the 7-day or 21-day chronic test will be used
				to protect against chronic toxicity outside the chronic regulatory mixing
				zone.
(b)
Differing
				requirements for WET tests.
(1) Three
				different toxicity testing requirements exist. Each is based upon dilution
				capacity, represented by Q*.
(2)
				When Q* is less than 0.054, acute testing only shall be required.
(3) When Q* is greater than 0.33, chronic
				testing only shall be required.
(4)
				When Q* is greater than or equal to 0.054 and less than or equal to 0.33, both
				acute and chronic testing shall be required.
(5) For a discharge directly to a lake, acute
				testing only shall be required.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 3 - Implementation of Narrative Toxics Criteria to Protect Aquatic Life Using Whole Effluent Toxicity (WET) Testing › Section 252:740-3-3 - Sampling for whole effluent toxicity testing

Current through Vol. 41, No. 20, July 1, 2024
(a) Discharges with
				overlapping mixing zones may be combined, at the discretion of the permitting
				agency, and whole effluent toxicity tests may be required on the combined
				effluent. Samples shall be combined in proportion to the flow for each outfall.
				If some of the discharges are not toxic, combining discharges may allow
				intermittent instream toxicity if the discharge rates fluctuate. In these
				cases, combined discharge testing will be disallowed. If the outfall originates
				from a lagoon with a retention time greater than 24 hours, composite samples
				may not be necessary. The permitting agency may determine that a grab sample
				near the discharge is sufficient.
(b) The toxicity test must be initiated
				within 36 hours after sample collection. No sample may be held for more than 72
				hours prior to use.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 3 - Implementation of Narrative Toxics Criteria to Protect Aquatic Life Using Whole Effluent Toxicity (WET) Testing › Section 252:740-3-4 - Reasonable potential to exceed narrative toxicity criterion for fish and wildlife propagation

Current through Vol. 41, No. 20, July 1, 2024
Reasonable potential to exceed the narrative criterion to
				  protect the beneficial use of Fish and Wildlife Propagation against toxicity
				  exists whenever persistent lethality is demonstrated. A permitting authority
				  may deem reasonable potential to be demonstrated whenever intermittent
				  lethality or persistent sublethality occurs. Reasonable potential is assumed to
				  exist when a known toxicant is present, or expected to be present, in a
				  discharge in toxic amounts.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 3 - Implementation of Narrative Toxics Criteria to Protect Aquatic Life Using Whole Effluent Toxicity (WET) Testing › Section 252:740-3-5 - Regulatory flow determination

Current through Vol. 41, No. 20, July 1, 2024
(a) The regulatory
				flow for a receiving stream is determined according to OAC
				252:730-5-12(f)(6)(G)
				and OAC 252:740-1-6.
(b) No regulatory flow determination is
				required for a lake.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 5 - Implementation of Numerical Criteria to Protect Fish and Wildlife from Toxicity Due to Conservative Substances › Section 252:740-5-1 - Applicability and scope

Current through Vol. 41, No. 20, July 1, 2024
Rules in this Subchapter prescribe the method for determining
				  regulatory flow and the method for determining whether there is a reasonable
				  potential to exceed the criteria, all in order to implement numerical criteria
				  identified in OAC
				  252:730-5-12(f)(6)(G)
				  and Table 2 of OAC 252:730 Appendix G for protection of the beneficial use of
				  Fish and Wildlife Propagation.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 5 - Implementation of Numerical Criteria to Protect Fish and Wildlife from Toxicity Due to Conservative Substances › Section 252:740-5-2 - Regulatory flow determination

Current through Vol. 41, No. 20, July 1, 2024
(a)
Regulatory receiving stream flow.
Section
				252:730-5-12(f)(6)(G)
				of the OAC defines the regulatory receiving stream flow upstream of the
				discharge, Qu, to be used in implementing fish and
				wildlife propagation criteria. The Qu is the greater of
				the 7Q2 or 1 cfs. 7Q2 shall be determined according to OAC
				252:740-1-6. Q
				u is assumed to be 1 cfs if the 7Q2 is unknown or the
				permittee chooses not to develop an actual 7Q2.
(b)
Regulatory flow for lakes.
No regulatory flow determination is required for lakes.
(c)
Regulatory effluent flows.
The regulatory effluent flow, Qe, is the highest monthly
				averaged flow over the previous two years for industrial discharges if the
				permitting authority determines that sufficient data are available. For other
				dischargers (e.g. municipalities), Q e is the design flow. If a significant
				daily or seasonal variability in effluent flow is present, a regulatory
				effluent flow should take this variability into account.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 5 - Implementation of Numerical Criteria to Protect Fish and Wildlife from Toxicity Due to Conservative Substances › Section 252:740-5-3 - Reasonable potential

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The need for a permit limit will be determined, on a
				pollutant-by-pollutant basis, after determination of reasonable potential,
				which considers assimilation capacity of the receiving water and effluent
				variability.
(b)
Use of
				reasonable potential factor; relationship with wasteload allocation
				process.
(1) The technical report
				produced by the Oklahoma Water Resources Board entitled "The Incorporation Of
				Ambient Concentration With That Due To Effluent For Wasteload Allocation" shall
				be used to determine if there is a reasonable potential for a criterion
				exceedance outside the mixing zone. C95 = 2.13C
				mean is used for effluent concentration in the
				reasonable potential calculation. Cmean is the geometric
				mean of all effluent concentrations analyzed for the toxicant. If the geometric
				mean cannot be determined, an arithmetic mean may be substituted. If a large
				dataset of effluent concentrations is available, the permitting authority may
				not need to estimate C95; the 95th percentile value can
				be calculated from the data.
(2)
				The wasteload allocation process is used to determine reasonable potential. C
				is the reasonable potential concentration on the chronic regulatory mixing zone
				boundary. C is calculated for chronic criteria in streams as:
C =
				C
b
+
				(1.94Q*(C
95
- C
b
)) / (1 + Q*)
when Q* is less than or
				equal to 0.1823, or
C = C
b
+
				(C
95
- C
b
) / (6.17 - 15.51Q*)
when Q* is
				greater than 0.1823 and less than 0.3333, or
C = C
95 when Q* is greater than or equal to 0.3333. Q* = Q
				e /Qu. Q* is the dilution
				capacity. C is calculated for lakes as:
pipe: C = C
b
+ (D(C
95
- C
b
)) / 20.15
when D
				is greater than or equal to 3 feet, or
canal: C = C
b
+ (W
1/2
(C
95
- C
b
)) / 4.2
when W is greater than or equal to 3 feet. D is the
				diameter of the discharge pipe in feet and W is the width of the canal in feet.
				D and W shall not be less than three feet for implementation purposes. When C
				is the concentration on the acute regulatory mixing zone boundary it is
				calculated as
C = C
b
+
				(Q
e
(C
95
- C
b
) / 100).
If Qe is greater than 100
				cfs, then 100 cfs shall be substituted for Qe.
(3) For regulatory purposes, there is a
				reasonable potential for chronic toxicity if concentrations of ammonia outside
				the chronic regulatory mixing zone exceed 6 mg/L.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 5 - Implementation of Numerical Criteria to Protect Fish and Wildlife from Toxicity Due to Conservative Substances › Section 252:740-5-4 - pH and hardness dependent toxicity

Current through Vol. 41, No. 20, July 1, 2024
The criteria for some of the substances listed in OAC
				  252:730-5-12(f)(6)
				  are hardness or pH dependent. The segment-averaged pH in Appendix B of this
				  Chapter shall be used to determine the criterion if there is insufficient
				  site-specific data to determine receiving stream pH. The mean hardness of the
				  receiving stream, collected near the outfall but not affected by the discharge
				  (as CaCO3) may be used if at least 10 monthly samples
				  were collected over a ten-month period. The segment-averaged hardness in
				  Appendix B of this Chapter shall be used in the determination of the criterion
				  if there is insufficient site-specific data to determine receiving stream
				  hardness. If the required pH or hardness is not specified for a particular
				  waterbody segment, appropriate data from surrounding waterbody segments may be
				  used.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 7 - Implementation of Numerical Criteria to Protect Human Health from Toxicity Due to Conservative Substances › Section 252:740-7-1 - Applicability and scope

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
Rules in this Subchapter prescribe the method for
				determining regulatory flow and to determine whether there is a reasonable
				potential to exceed the criteria, all in order to implement numerical criteria
				to protect human health for consumption of fish flesh and/or water.
(b)
Applicable Public and Private Water
				Supply criteria.
Applicable criteria for waters designated Public and
				Private Water Supplies are found in OAC
				252:730-5-10(1)
				and OAC 252:730-5-10(6)
				and OAC 252:730 Appendix G.
(c)
Applicable Fish Consumption criteria.
Applicable criteria for
				waters designated Warm Water Aquatic Community and/or Cool Water Aquatic
				Community and/or Trout Fisheries are found in OAC
				252:730-5-20 and OAC 252:730
				Appendix G.
(d)
Appropriate
				criterion.
If several criteria apply to human health implementation, the
				most stringent is used for implementation purposes.
(e)
Applicable receiving waters.
The human health criteria apply in receiving waters designated as Public and
				Private Water Supplies and certain designated sub-categories of Fish and
				Wildlife Propagation. Some streams in Appendix A of OAC 252:730 are designated
				Habitat Limited Aquatic Communities and are not designated for the Public and
				Private Water Supply beneficial use. Therefore, human health criteria do not
				apply to these streams. For implementation purposes these streams are
				considered conduits to the downstream water body. Human health criteria must be
				implemented on the first downstream water body to which they apply.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 7 - Implementation of Numerical Criteria to Protect Human Health from Toxicity Due to Conservative Substances › Section 252:740-7-2 - Determination and use of regulatory flow

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
OAC
				252:730-5-10(1),
				OAC 252:730-5-10(6)(B),
				and OAC 252:730-5-20(b)
				require that long-term average receiving stream flows shall be used to
				implement water column numerical criteria to protect human health.
(b)
Long-term average flow on gaged
				receiving streams.
Mean annual average flow as determined in the
				technical report produced by the Oklahoma Water Resources Board entitled
				"Estimation of Mean Annual Average Flows" shall be used for long-term average
				flow in receiving streams which are or have been measured by USGS
				gages.
(c)
Mean annual
				average flows on ungaged receiving streams.
Mean annual average flow may
				be estimated on streams where flow is not routinely measured. This method for
				estimation is demonstrated in the technical report produced by the Oklahoma
				Water Resources Board entitled "Estimation Of Mean Annual Average Flows". Other
				scientifically defensible methods of long-term average flow estimation are
				permissible if approved by the permitting authority.
(d)
Long-term average flow in
				lakes.
Qu cannot be estimated in a lake as easily
				as it can be for a stream. Therefore, mean annual average discharge from the
				lake shall be used for Qu.
(e)
Long-term effluent flow.
The
				regulatory effluent flow, Qe, is long-term average
				effluent flow over the previous two years for industrial discharges if the
				permitting authority determines that sufficient data are available. For other
				discharges, Qe is the design flow.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 7 - Implementation of Numerical Criteria to Protect Human Health from Toxicity Due to Conservative Substances › Section 252:740-7-3 - Reasonable potential

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
Complete mixing of effluent and receiving water shall be
				used to determine appropriate permit limits. A mass balance model shall be used
				for implementation purposes.
(b)
Determination of reasonable potential factor.
(1) The mass balance equation will be used in
				the determination of human health reasonable potential:
C =
(
C
e
Q* + C
b)
/ (Q* + 1).
Q* = Qe /Q
				u, where Qe is the regulatory
				effluent flow. C must be considered a long-term average concentration after
				complete mixing. Cb is the background concentration. To
				determine if there is a reasonable potential to exceed the criterion after
				complete mixing, choose Ce = 2.13C
				mean, where Cmean is a geometric
				mean of all effluent concentrations analyzed for the toxicant. If the geometric
				mean cannot be determined, an arithmetic mean may be used instead.
(2) Representative background concentrations
				will be used if available. Such representative data should reflect long-term
				average pollutant concentrations for implementation purposes. Otherwise, C
				b is assumed zero.
(3) C must be compared with the applicable
				water quality criterion to determine if there is a reasonable potential for the
				pollutant discharge to cause a criterion exceedance. If concentration after
				complete mixing is greater than the human health criterion, a permit limit will
				be required.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 9 - Implementation of Criteria to Protect the Agriculture Beneficial Use › Section 252:740-9-1 - Applicability and scope

Current through Vol. 41, No. 20, July 1, 2024
Rules in this Subchapter prescribe the method for determining
				  whether there is a reasonable potential to exceed the criteria identified in
				  OAC 252:730-5-13(h)
				  and OAC 252:730 Appendix F for protection of the beneficial use of Agriculture.
				  Included are criteria for chlorides, sulfates and total dissolved
				  solids.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 9 - Implementation of Criteria to Protect the Agriculture Beneficial Use › Section 252:740-9-2 - Applicable mineral criteria

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
OAC 252:730 Appendix F contains yearly mean standards and
				sample standards for protection of the Agriculture beneficial use. Historical
				values for chlorides, sulfates and TDS for water quality segments identified in
				OAC 252:730 Appendix F will not be updated. Data from surrounding segments
				shall be used by the permitting authority to develop yearly mean standards and
				sample standards for those segments with inadequate historical data.
(b)
Segment averages.
Segment
				averages of yearly mean standards and sample standards or more appropriate
				determinations as prescribed in (e) and (f) of OAC
				252:730-5-13 or (a) of
				252:740-9-2 shall be the criteria
				for chlorides, sulfates and TDS to protect the Agriculture beneficial
				use.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 9 - Implementation of Criteria to Protect the Agriculture Beneficial Use › Section 252:740-9-3 - Regulatory flows

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
Six regulatory flows are required for implementation of
				yearly mean standards and sample standards. They include stream flows,
				regulatory flows for lakes and regulatory effluent flows.
(b)
Long-term average flows for
				streams.
The greater of 1.47 cfs or mean annual average flow, A, will be
				used by the permitting authority for long-term average flows to implement
				yearly mean standards. Mean annual average flows may be obtained from the USGS
				publication entitled "Statistical Summaries of Streamflow in and near Oklahoma
				Through 2007". They may also be estimated on streams without gages using the
				Oklahoma Water Resources Board publication entitled "Estimation of Mean Annual
				Average Flows" (OWRB Technical Report 96-2).
(c)
Long-term average flow for
				lakes.
Mean annual average discharge from the lake, A, shall be used to
				implement the Agriculture beneficial use.
(d)
Regulatory long-term effluent
				flows.
If the permitting authority determines that sufficient data is
				available to calculate the mean annual effluent discharge, then such discharge
				shall be the long-term effluent flow, Qel. If the
				permitting authority determines insufficient data is available to calculate the
				mean annual effluent discharge, then the design flow shall be the long-term
				effluent flow, Qel.
(e)
Short-term average flow for
				streams.
OAC
				252:730-5-4(d)
				requires that short-term average flow, Qs, be used to implement sample
				standards. The short-term average flow is determined so that short-term and
				long-term wasteload allocations are equally likely to be more stringent,
				depending on the historical concentration distribution for a particular
				segment. Qs shall equal the greater of 1.0 cfs or 0.68
				A, where A is mean annual average stream flow.
(f)
Short-term average flows for
				lakes.
Short-term average flows for lakes are also determined by the
				formula in OAC
				242:740-9-3(e).
				In this case A is the mean annual average lake discharge.
(g)
Short-term average effluent
				flows.
If the permitting authority determines that sufficient data is
				available to calculate the highest monthly average discharge for industrial
				discharges, then such discharge shall be the short-term average effluent flow,
				Qes. If the permitting authority determines insufficient
				data is available to calculate the highest monthly average discharge for
				industrial discharges, then the design flow shall be the short-term average
				effluent flow, Q es.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 9 - Implementation of Criteria to Protect the Agriculture Beneficial Use › Section 252:740-9-4 - Reasonable potential

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The need for a permit limit will be determined on a
				mineral constituent basis, after application of the reasonable potential
				equation specified in (b) of this Section, which considers assimilation
				capacity of the receiving water and effluent variability.
(b)
Reasonable potential
				equation.
OAC
				252:730-5-13(d)
				requires that complete mixing of effluent and receiving water be taken into
				account in the reasonable potential equation. The use of mass balance to obtain
				wasteload allocations for complete mixing is codified at OAC
				252:740-7-3(a).
				Therefore, the reasonable potential equation for mineral constituents is C =
				(Qu BC + Q e
				C95) /Q u +
				Qe), where C 95 = 2.13
				Cmean, where C mean is the
				geometric mean of all effluent concentrations analyzed for the mineral. If the
				geometric mean cannot be determined, an arithmetic mean may be used. If
				sufficient effluent concentration observations exist as determined by the
				permitting authority, then the permitting authority may compute the 95th
				percentile concentration and use it as C95in accordance
				with OAC 252:740-5-3(b)(1).
(c)
Reasonable potential to exceed
				yearly mean standard.
Q u = A and
				Qe = Q el in OAC
				252:740-9-4(b)
				to obtain a long-term average concentration in-stream after complete mixing. If
				C is greater than the higher of the YMS or 700 milligrams per liter for TDS or
				200 milligrams per liter for chlorides and sulfates, there is a reasonable
				potential to exceed an Agriculture beneficial use criterion, and a permit limit
				is required.
(d)
Reasonable
				potential to exceed sample standard.
Qu =0.68A
				and Q e = Qes in OAC
				252:740-9-4(b)
				to obtain a short-term average concentration in-stream after complete mixing.
				If C is greater than the higher of the SS or 700 milligrams per liter for TDS
				or 200 milligrams per liter for chlorides and sulfates, there is a reasonable
				potential to exceed an Agriculture beneficial use criterion, so a permit limit
				is required.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 11 - Implementation of Temperature Criteria to Protect Fish and Wildlife Propagation › Section 252:740-11-1 - Applicability and scope

Current through Vol. 41, No. 20, July 1, 2024
(a) OAC
				252:730-5-12(f)(2)
				provides that at no time shall heat be added in excess of the amount that will
				raise receiving water temperature more that 2.8 °C outside the mixing zone.
				Therefore, the temperature criterion will be implemented with respect to
				regulatory flow and reasonable potential at the maximum temperature on the edge
				of the mixing zone.
(b) OAC
				252:730-5-26 provides generally
				to the effect that in streams the mixing zone encompasses 25% of the total
				flow. The mixing zone in lakes may be designated by the permitting authority on
				a case-by-case basis. To be consistent, the mixing zone used for numerical
				criteria implementation to protect fish and wildlife propagation from toxicity
				will be employed for temperature implementation in lakes. This mixing zone is
				defined to extend 100 feet into the lake from the source.
(c) Temperature implementation does not apply
				to privately owned cooling water reservoirs. Such reservoirs are specifically
				exempted in OAC
				252:730-5-12(f)(2)(F)
				from implementation of temperature criteria to protect aquatic life. However,
				implementation of the antidegradation policy includes a maximum temperature (52
				°C) which applies to all waters of the state including privately owned
				cooling water reservoirs. Privately owned cooling water reservoirs, however,
				that demonstrate no reasonable potential to exceed the antidegradation
				temperature shall not be limited in permits by such temperature.
(d) All calculations to implement temperature
				criteria shall be done in degrees Celsius (°C) at critical temperature
				conditions.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 11 - Implementation of Temperature Criteria to Protect Fish and Wildlife Propagation › Section 252:740-11-2 - Applicable temperatures

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
OAC
				252:730-5-12(f)(2)
				governs what the applicable temperature criteria are.
(b)
Habitat Limited and Warm Water
				Aquatic Community.
(1) In waters which
				are designated in OAC 252:730 to be Habitat Limited Aquatic Community and/or
				Warm Water Aquatic Community, no heat of artificial origin shall be added that
				causes the receiving water to exceed the critical temperature plus 2.8 °C
				outside the mixing zone.
(2) The
				temperature criterion for Habitat Limited Aquatic Community and/or Warm Water
				Aquatic Community, Tc, is the critical temperature plus
				2.8 °C. In the absence of data, Tc is 32.24 °C.
				Where data exist, the critical temperature is the higher of 29.44 °C or the
				seven-day maximum temperature likely to occur with a 50% probability each year,
				7T2. The 7T2 is calculated using a moving average of seven consecutive days for
				each year in a given record. These seven-day receiving stream temperature
				values are ranked in descending order. An order number, m, is calculated based
				on the number of years of record, n, with a recurrence interval of 2 years, as
				m = (n+1)/2. The m th highest average temperature is the 7T2. Provided, in the
				segment of the Arkansas River from Red Rock Creek to the headwaters of Keystone
				Reservoir, the maximum temperature outside the mixing zone shall not exceed
				34.4 °C.
(3) To implement the
				temperature criterion for Habitat Limited Aquatic Community and/or Warm Water
				Aquatic Community protection, the critical temperature also is the regulatory
				ambient temperature, Ta.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 11 - Implementation of Temperature Criteria to Protect Fish and Wildlife Propagation › Section 252:740-11-3 - Regulatory flows

Current through Vol. 41, No. 20, July 1, 2024
(a) Regulatory
				receiving stream flow to protect the Fish and Wildlife Propagation beneficial
				use, Qu, is the greater of the 7Q2 or 1 cfs. Q
				u is assumed to be 1 cfs if the 7Q2 is
				unknown.
(b) The regulatory
				effluent flow, Qe, is defined as the highest monthly
				averaged flow in cfs over the past two years for industrial discharges with
				adequate data. Qe is the design flow in cfs for other
				dischargers.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 11 - Implementation of Temperature Criteria to Protect Fish and Wildlife Propagation › Section 252:740-11-4 - Reasonable potential

Current through Vol. 41, No. 20, July 1, 2024
A permit limit for temperature is required if there is a
				  reasonable potential that the temperature increase at the edge of the mixing
				  zone is greater than 2.8 °C. EPA Region 6 uses a reasonable potential
				  factor to determine if there is a reasonable potential that concentration of a
				  given substance will exceed the criterion. An analogous reasonable potential
				  factor, Tf, will be used to determine if there is a
				  reasonable potential that temperature will exceed the criterion by 2.8 °C
				  at the edge of the mixing zone. Tf is determined such
				  that only approximately 5% of the observed temperatures are higher. Therefore,
				  Tf is the upper 95th percentile of the effluent
				  temperature distribution.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 11 - Implementation of Temperature Criteria to Protect Fish and Wildlife Propagation › Section 252:740-11-5 - Reasonable potential equations

Current through Vol. 41, No. 20, July 1, 2024
(a) The maximum
				temperature difference on the mixing zone boundary must be computed using the
				following equation to determine if there is a reasonable potential to exceed
				2.8 °C outside the mixing zone:
T' =
				(T
f
-
				T
a
) / df.
The dilution
				factor, df, must be that which yields the maximum temperature difference on the
				mixing zone boundary.
(b)
				Substituting for df, the following equations shall be used for discharges to
				streams:
T' = (1.94Q* (T
f
-
				T
a
)) / (1 + Q*)
when Q* is
				less than or equal to 0.1823, or
T' =
				(T
f
-
				T
a
) / (6.17 - 15.51Q*)
when
				Q* is greater than 0.1823 and less than 0.3333, or
T' =
				T
f
- T
a
				when Q* is greater than or equal to 0.3333. Q* = Qe /Q
				u (the dilution capacity).
(c) The following equations shall be used for
				discharges to lakes:
T' = (D(T
f
- T
a
)) / 20.15
when
				is greater than or equal to 3 feet. D is pipe diameter, and
T' =
				(W
1/2
(T
f
-
				T
a
)) / 4.2
when W is greater
				than or equal to 3 feet. W is canal width.
(d) There is a reasonable potential that the
				effluent may cause a criterion exceedance at the maximum concentration on the
				mixing zone boundary if T' > 2.8C.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 13 - Implementation of Antidegradation Policy › Section 252:740-13-1 - Applicability and scope

Current through Vol. 41, No. 20, July 1, 2024
(a) The rules in
				this Subchapter provide a framework for implementing the antidegradation policy
				stated in OAC
				252:730-3-2 and OAC
				252:730-5-25 for all waters of
				the state. This policy and framework includes four tiers, or levels, of
				protection.
(b) The four tiers of
				protection are as follows:
(1) Tier 1.
				Attainment or maintenance of an existing or designated beneficial
				use.
(2) Tier 2. Maintenance and
				protection Sensitive Water Supply-Reuse waterbodies.
(3) Tier 2.5 Maintenance and protection of
				High Quality Waters, Sensitive Public and Private Water Supply
				waters.
(4) Tier 3. No degradation
				of water quality allowed in Outstanding Resource Waters.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 13 - Implementation of Antidegradation Policy › Section 252:740-13-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Specified pollutants"
means:
(A) Oxygen demanding substances, measured as
				Carbonaceous Biochemical Oxygen Demand (CBOD) and/or Biochemical Oxygen Demand
				(BOD);
(B) Ammonia Nitrogen and/or
				Total Organic Nitrogen;
(C)
				Phosphorus;
(D) Total Suspended
				Solids (TSS); and
(E) Such other
				substances as may be determined by DEQ or the permitting authority.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 13 - Implementation of Antidegradation Policy › Section 252:740-13-3 - Tier 1 protection; attainment or maintenance of an existing or designated beneficial use

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
(1) Beneficial uses
				which are existing or designated shall be maintained and protected.
(2) The process of issuing permits for
				discharges to waters of the state is one of several means employed by
				governmental agencies and affected persons which are designed to attain or
				maintain beneficial uses which have been designated for those waters. For
				example, Subchapters 3, 5, 7, 9 and 11 of this Chapter are rules for the
				permitting process. As such, the latter Subchapters not only implement
				numerical and narrative criteria, but also implement Tier 1 of the
				antidegradation policy.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 13 - Implementation of Antidegradation Policy › Section 252:740-13-4 - Tier 2 protection; maintenance and protection of sensitive water supply-reuse and other tier 2 waterbodies

Current through Vol. 41, No. 20, July 1, 2024
(a)
General
				rules for Sensitive Water Supply - Reuse (SWS-R) Waters.
(1) Classification of SWS-R Waters. DEQ may
				consider classification of a waterbody as an SWS-R waterbody based upon
				required documentation submitted by any interested party. The interested party
				shall submit documentation presenting background information and justification
				to support the classification of a waterbody as SWS-R including, but not
				limited to, the following:
(A) Determination
				of the waterbody's assimilative capacity pursuant to OAC
				252:740-13-8, including all
				supporting information and calculations.
(B) Documentation demonstrating that
				municipal wastewater discharge for the purpose of water supply augmentation has
				been considered as part of a local water supply plan or other local planning
				document.
(C) Any additional
				information or documentation necessary for DEQ's consideration of a request for
				the classification of a waterbody as SWS-R.
(D) Prior to consideration by DEQ, any
				interested party seeking the classification of a waterbody as SWS-R shall
				submit documentation to DEQ staff demonstrating that local stakeholders,
				including those that use the waterbody for any designated or existing
				beneficial uses, have been afforded notice and an opportunity for an informal
				public meeting, if requested, regarding the proposed classification of the
				waterbody as SWS-R at least one hundred eighty (180) days prior to DEQ
				consideration. In addition, all information or documentation submitted pursuant
				to this subsection shall be available for public review.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 13 - Implementation of Antidegradation Policy › Section 252:740-13-5 - Tier 2.5 protection; maintenance and protection of high quality waters, sensitive water supplies, and other tier 2.5 waterbodies

Current through Vol. 41, No. 20, July 1, 2024
(a)
General
				rules for High Quality Waters.
New point source discharges of any
				pollutant after June 11, 1989, and increased load or concentration of any
				specified pollutant from any point source discharge existing as of June 11,
				1989, shall be prohibited in any waterbody or watershed designated in Appendix
				A of OAC 252:730 with the limitation "HQW". Any discharge of any pollutant to a
				waterbody designated "HQW" which would, if it occurred, lower existing water
				quality shall be prohibited. Provided however, new point source discharges or
				increased load or concentration of any specified pollutant from a discharge
				existing as of June 11, 1989, may be approved by the permitting authority in
				circumstances where the discharger demonstrates to the satisfaction of the
				permitting authority that such new discharge or increased load or concentration
				would result in maintaining or improving the level of water quality which
				exceeds that necessary to support recreation and propagation of fishes,
				shellfishes, and wildlife in the receiving water.
(b)
General rules for sensitive public
				and private water supplies.
New point source discharges of any pollutant
				after June 11, 1989, and increased load of any specified pollutant from any
				point source discharge existing as of June 11, 1989, shall be prohibited in any
				waterbody or watershed designated in Appendix A of OAC 252:730 with the
				limitation "SWS". Any discharge of any pollutant to a waterbody designated
				"SWS" which would, if it occurred, lower existing water quality shall be
				prohibited. Provided however, new point source discharges or increased load of
				any specified pollutant from a discharge existing as of June 11, 1989, may be
				approved by the permitting authority in circumstances where the discharger
				demonstrates to the satisfaction of the permitting authority that such new
				discharge or increased load will result in maintaining or improving the water
				quality in both the direct receiving water, if designated SWS, and any
				downstream waterbodies designated SWS.
(c)
Stormwater discharges.
Regardless of subsections (a) and (b) of this Section, point source discharges
				of stormwater to waterbodies and watersheds designated "HQW", "SWS" may be
				approved by the permitting authority.
(d)
Nonpoint source discharges or
				runoff.
Best management practices for control of nonpoint source
				discharges or runoff should be implemented in watersheds of waterbodies
				designated "HQW", or "SWS" in Appendix A of OAC 252:730.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 13 - Implementation of Antidegradation Policy › Section 252:740-13-6 - Tier 3 protection; prohibition against degradation of water quality in outstanding resource waters

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
New point source discharges of any pollutant after June
				11, 1989, and increased load of any pollutant from any point source discharge
				existing as of June 11, 1989, shall be prohibited in any waterbody or watershed
				designated in Appendix A of OAC 252:730 with the limitation "ORW" and/or
				"Scenic River", and in any waterbody located within the watershed of any
				waterbody designated with the limitation "Scenic River". Any discharge of any
				pollutant to a waterbody designated "ORW" or "Scenic River" which would, if it
				occurred, lower existing water quality shall be prohibited.
(b)
Stormwater discharges.
Regardless of OAC
				252:740-13-6(a),
				point source discharges of stormwater from temporary construction activities to
				waterbodies and watersheds designated "ORW" and/or "Scenic River" may be
				permitted by the permitting authority. Regardless of OAC
				252:740-13-6(a),
				discharges of stormwater to waterbodies and watersheds designated "ORW" and/or
				"Scenic River" from point sources existing as of June 25, 1992, whether or not
				such stormwater discharges were permitted as point sources prior to June 25,
				1992, may be permitted by the permitting authority; provided, however,
				increased load of any pollutant from such stormwater discharge shall be
				prohibited.
(c)
Nonpoint
				source discharges or runoff.
Best management practices for control of
				nonpoint source discharges or runoff should be implemented in watersheds of
				waterbodies designated "ORW" in Appendix A of OAC 252:730, provided, however,
				that development of conservation plans shall be required in sub-watersheds
				where discharges or runoff from nonpoint sources are identified as causing or
				significantly contributing to degradation in a waterbody designated "ORW".
(d)
LMFO's.
No licensed managed feeding operation
(LMFO)
established after
June 10, 1998
which applies for a new
				or expanding license
from the State Department of Agriculture
after March 9, 1998 shall be located...[w]ithin three (3) miles of any
				designated scenic river area as specified by the Scenic Rivers Act
in
				82 O.S. Section 1451 and following, or
[w]ithin one (1) mile of a
				waterbody
[2:9-210.3(D)] designated in Appendix A of OAC 252:730 as
				"ORW".