1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE BILL 1982 By: Newton
4
5
6 AS INTRODUCED
7 An Act relating to water quality standards; amending
27A O.S. 2021, Section 1-1-202, as amended by Section
8 3, Chapter 185, O.S.L. 2022 (27A O.S. Supp. 2022,
Section 1-1-202), which relates to state
9 environmental agencies; modifying entity to receive
certain written comment; amending 27A O.S. 2021,
10 Section 1-3-101, as amended by Section 4, Chapter
185, O.S.L. 2022 (27A O.S. Supp. 2022, Section 1-3-
11 101), which relates to state environmental agencies;
modifying certain responsibilities; amending 82 O.S.
12 2021, Section 1085.2, as amended by Section 3,
Chapter 113, O.S.L. 2022 (82 O.S. Supp. 2022, Section
13 1085.2), which relates to authority of the Oklahoma
Water Resources Board; modifying certain authority of
14 the Board; providing for recodification; and
providing an effective date.
15
16
17
18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
19 SECTION 1. AMENDATORY 27A O.S. 2021, Section 1-1-202, as
20 amended by Section 3, Chapter 185, O.S.L. 2022 (27A O.S. Supp. 2022,
21 Section 1-1-202), is amended to read as follows:
22 Section 1-1-202. A. Each state environmental agency shall:
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1 1. Be responsible for fully implementing and enforcing the laws
2 and rules within its jurisdictional areas of environmental
3 responsibility;
4 2. Utilize and enforce the Oklahoma Water Quality Standards
5 established by the Department of Environmental Quality;
6 3. Seek to strengthen relationships between state, regional,
7 local and federal environmental planning, development and management
8 programs;
9 4. Specifically facilitate cooperation across jurisdictional
10 lines of authority with other state environmental agencies regarding
11 programs to resolve environmental concerns;
12 5. Cooperate with all state environmental agencies, other state
13 agencies and local or federal governmental entities to protect,
14 foster, and promote the general welfare, and the environment and
15 natural resources of this state;
16 6. Have the authority to engage in environmental and natural
17 resource information dissemination and education activities within
18 their respective areas of environmental jurisdiction; and
19 7. Participate in every hearing conducted by the Department of
20 Environmental Quality for the consideration, adoption or amendment
21 of the classification of waters of the state and standards of purity
22 and quality thereof, and shall have the opportunity to present
23 written comment to the members of the Department of Environmental
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1 Quality Board at the same time staff recommendations are submitted
2 to those members for Board review and consideration.
3 B. 1. In addition to the requirements of subsection A of this
4 section, each state environmental agency shall have promulgated by
5 July 1, 2001, a Water Quality Standards Implementation Plan for its
6 jurisdictional areas of environmental responsibility in compliance
7 with the Administrative Procedures Act and pursuant to the
8 provisions of this section. Each agency shall review its plan at
9 least every three (3) years thereafter to determine whether
10 revisions to the plan are necessary.
11 2. Upon the request of any state environmental agency, the
12 Department of Environmental Quality shall provide consulting
13 assistance to such agency in developing a Water Quality Standards
14 Implementation Plan as required by this subsection.
15 3. Each Water Quality Standards Implementation Plan shall:
16 a. describe, generally, the processes, procedures and
17 methodologies the state environmental agency will
18 utilize to ensure that programs within its
19 jurisdictional areas of environmental responsibility
20 will comply with anti-degradation standards and lead
21 to:
22 (1) maintenance of water quality where beneficial
23 uses are supported,
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1 (2) removal of threats to water quality where
2 beneficial uses are in danger of not being
3 supported, and
4 (3) restoration of water quality where beneficial
5 uses are not being supported,
6 b. include the procedures to be utilized in the
7 application of use support assessment protocols to
8 make impairment determinations,
9 c. list and describe programs affecting water quality,
10 d. include technical information and procedures to be
11 utilized in implementing the Water Quality Standards
12 Implementation Plan,
13 e. describe the method by which the Water Quality
14 Standards Implementation Plan will be integrated into
15 the water quality management activities within the
16 jurisdictional areas of environmental responsibility
17 of the state environmental agency,
18 f. detail the manner in which the agency will comply with
19 mandated statewide requirements affecting water
20 quality developed by other state environmental
21 agencies including, but not limited to, total maximum
22 daily load development, water discharge permit
23 activities and nonpoint source pollution prevention
24 programs,
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1 g. include a brief summary of the written comments and
2 testimony received pursuant to all public meetings
3 held or sponsored by the state environmental agency
4 for the purpose of providing the public and other
5 state environmental agencies an opportunity to comment
6 on the plan, and
7 h. describe objective methods and means to evaluate the
8 effectiveness of activities conducted pursuant to the
9 Water Quality Standards Implementation Plan to achieve
10 Oklahoma Water Quality Standards.
11 C. 1. Each state environmental agency with groundwater
12 protection authority pursuant to Article III of the Oklahoma
13 Environmental Quality Act shall be the groundwater protection agency
14 for activities within its jurisdictional areas of environmental
15 responsibility.
16 2. The Department of Environmental Quality shall cooperate with
17 other state environmental agencies, as appropriate and necessary, in
18 the protection of such unassigned activities.
19 3. Groundwater regulatory agencies shall develop groundwater
20 protection practices to prevent groundwater contamination from
21 activities within their respective jurisdictional areas of
22 environmental responsibility.
23 4. Each groundwater protection agency shall promulgate such
24 rules, and issue such permits, policies, directives or any other
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1 appropriate requirements, as necessary, to implement the
2 requirements of this subsection.
3 5. Groundwater protection agencies shall take such action as
4 may be necessary to assure that activities within their respective
5 jurisdictional areas of environmental responsibility protect
6 groundwater quality to support the uses of the state's water
7 quality.
8 6. In addition, each groundwater protection agency with
9 enforcement authority is hereby authorized to:
10 a. engage the voluntary cooperation of all persons in the
11 maintenance and protection of groundwater, and to
12 advise, consult and cooperate with all persons, all
13 agencies of the state, universities and colleges, the
14 federal government or other states, and with
15 interstate agencies in the furtherance of the purposes
16 of this subsection, and to this end and for the
17 purposes of studies, scientific or other
18 investigations, research, experiments and
19 demonstrations pertaining thereto, receive and spend
20 funds as appropriated by the Legislature, and from
21 such agencies and other officers and persons on behalf
22 of the state,
23 b. encourage the formulation and execution of plans to
24 maintain and protect groundwater by cooperative groups
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1 or associations of municipal corporations, industries,
2 industrial users and other users of groundwaters of
3 the state, who, jointly or severally, are or may be
4 impacting on the maintenance and protection of
5 groundwater,
6 c. encourage, participate in or conduct or cause to be
7 conducted studies, scientific or other investigations,
8 research, experiments and demonstrations relating to
9 the maintenance and protection of groundwater, and to
10 collect data with respect thereto, all as may be
11 deemed advisable and necessary to carry out the
12 purposes of this subsection, and to make reports and
13 recommendations with respect thereto,
14 d. conduct groundwater sampling, data collection,
15 analyses and evaluations with sufficient frequency to
16 ascertain the characteristics and quality of
17 groundwater and the sufficiency of the groundwater
18 protection programs established pursuant to this
19 subsection, and
20 e. develop a public education and promotion program to
21 aid and assist in publicizing the need of, and
22 securing support for, the maintenance and protection
23 of groundwater.
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1 D. Each state environmental agency and each state agency with
2 limited environmental responsibilities shall participate in the
3 information management system developed by the Department of
4 Environmental Quality, pursuant to Section 1-4-107 of this title,
5 with such information as the Department shall reasonably request.
6 E. In each even-numbered year, in cooperation with other state
7 environmental agencies participating in the monitoring of water
8 resources, the Department of Environmental Quality shall provide a
9 report on the status of water quality monitoring to the Legislature
10 for review.
11 SECTION 2. AMENDATORY 27A O.S. 2021, Section 1-3-101, as
12 amended by Section 4, Chapter 185, O.S.L. 2022 (27A O.S. Supp. 2022,
13 Section 1-3-101), is amended to read as follows:
14 Section 1-3-101. A. The provisions of this section specify the
15 jurisdictional areas of responsibility for each state environmental
16 agency and state agencies with limited environmental responsibility.
17 The jurisdictional areas of environmental responsibility specified
18 in this section shall be in addition to those otherwise provided by
19 law and assigned to the specific state environmental agency;
20 provided that any rule, interagency agreement or executive order
21 enacted or entered into prior to the effective date of this section
22 which conflicts with the assignment of jurisdictional environmental
23 responsibilities specified by this section is hereby superseded.
24 The provisions of this subsection shall not nullify any financial
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1 obligation arising from services rendered pursuant to any
2 interagency agreement or executive order entered into prior to July
3 1, 1993, nor nullify any obligations or agreements with private
4 persons or parties entered into with any state environmental agency
5 before July 1, 1993.
6 B. Department of Environmental Quality. The Department of
7 Environmental Quality shall have the following jurisdictional areas
8 of environmental responsibility:
9 1. All point source discharges of pollutants and storm water to
10 waters of the state which originate from municipal, industrial,
11 commercial, mining, transportation and utilities, construction,
12 trade, real estate and finance, services, public administration,
13 manufacturing and other sources, facilities and activities, except
14 as provided in subsections D and E of this section;
15 2. All nonpoint source discharges and pollution except as
16 provided in subsections D, E and F of this section;
17 3. Technical lead agency for point source, nonpoint source and
18 storm water pollution control programs funded under Section 106 of
19 the federal Clean Water Act, for areas within the Department's
20 jurisdiction as provided in this subsection;
21 4. Surface water and groundwater quality and protection and
22 water quality certifications;
23 5. Waterworks and wastewater works operator certification;
24 6. Public and private water supplies;
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1 7. Underground injection control pursuant to the federal Safe
2 Drinking Water Act and 40 CFR Parts 144 through 148, except for:
3 a. Class II injection wells,
4 b. Class V injection wells utilized in the remediation of
5 groundwater associated with underground or aboveground
6 storage tanks regulated by the Corporation Commission,
7 c. those wells used for the recovery, injection or
8 disposal of mineral brines as defined in the Oklahoma
9 Brine Development Act regulated by the Commission, and
10 d. any aspect of any CO2 sequestration facility including
11 any associated CO2 injection well, over which the
12 Commission is given jurisdiction pursuant to the
13 Oklahoma Carbon Capture and Geologic Sequestration
14 Act;
15 8. Notwithstanding any other provision in this section or other
16 environmental jurisdiction statute, sole and exclusive jurisdiction
17 for air quality under the federal Clean Air Act and applicable state
18 law, except for indoor air quality and asbestos as regulated for
19 worker safety by the federal Occupational Safety and Health Act and
20 by Chapter 11 of Title 40 of the Oklahoma Statutes;
21 9. Hazardous waste and solid waste including industrial,
22 commercial and municipal waste;
23 10. Superfund responsibilities of the state under the
24 Comprehensive Environmental Response, Compensation and Liability Act
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1 of 1980 and amendments thereto, except the planning requirements of
2 Title III of the Superfund Amendment and Reauthorization Act of
3 1986;
4 11. Radioactive waste and all regulatory activities for the use
5 of atomic energy and sources of radiation except for electronic
6 products used for diagnosis by diagnostic X-ray facilities and
7 electronic products used for bomb detection by public safety bomb
8 squads within law enforcement agencies of this state or within law
9 enforcement agencies of any political subdivision of this state;
10 12. Water, waste, and wastewater treatment systems including,
11 but not limited to, septic tanks or other public or private waste
12 disposal systems;
13 13. Emergency response as specified by law;
14 14. Environmental laboratory services and laboratory
15 certification;
16 15. Hazardous substances other than branding, package and
17 labeling requirements;
18 16. Freshwater wellhead protection;
19 17. Groundwater protection for activities subject to the
20 jurisdictional areas of environmental responsibility of the
21 Department;
22 18. Utilization and enforcement of Oklahoma Water Quality
23 Standards and implementation documents;
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1 19. Environmental regulation of any entity or activity, and the
2 prevention, control and abatement of any pollution, not subject to
3 the specific statutory authority of another state environmental
4 agency;
5 20. Development and maintenance of a computerized information
6 system relating to water quality pursuant to Section 1-4-107 of this
7 title;
8 21. Development and promulgation of Oklahoma Water Quality
9 Standards, their accompanying use support assessment protocols,
10 anti-degradation policies g