Quality Standards. A. 1. In order to effectuate a comprehensive program to assist in the prevention, control and abatement of 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 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. 2. The Oklahoma Water Quality Standards shall, at a minimum, be designed to maintain and protect the quality of the waters of the state. 3. Wherever the 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 Department may also amend Oklahoma Water Quality Standards to downgrade a designated use of any waters of this state which is not an existing use, may establish subcategories of a use or may provide for less stringent criteria or other provisions thereof only in those limited circumstances permissible under the Federal Water Pollution Control Act as amended or federal rules which implement the act. b. The Department may amend the Oklahoma Water Quality Standards to downgrade a designated use, establish subcategories of a use or may provide for less stringent criteria or other provisions thereof only to the extent as will maintain or improve the existing uses and the water quality of the water affected; provided, however, the 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 subcategory of a use or provide for less stringent criteria or other provisions thereof. 5. The Department shall propose any necessary rules to allow for the development of nutrient trading programs by state environmental agencies no later than November 1, 2026. B. 1. Prior to adopting such standards or any amendment thereof, the Department shall conduct public hearings thereon. Notice of such hearing shall be published in accordance with the Administrative Procedures Act and shall be mailed 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 Oklahoma Environmental Quality Code, and such other persons that have requested notice of hearings on such standard modifications. 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 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 affected. The Department shall cause notice of such additional public meeting to be published for at least two (2) consecutive weeks in a newspaper 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 affecting Oklahoma Water Quality Standards application and implementation including, but not limited to, mixing zones, low flows and variances, except for variances and site-specific criteria adopted by the Department of Environmental Quality pursuant to paragraph 18 of subsection B of Section 1-3-101 of Title 27A of the Oklahoma Statutes, or any modification or change thereof shall be promulgated by the Department in compliance with the Administrative Procedures Act and shall be enforced by all state agencies within the scope of their jurisdiction. All use support assessment protocols promulgated by the Department shall be consistent with state 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. 2. In promulgating Oklahoma Water Quality Standards or making any modification or change thereof, the Department shall announce a reasonable time for persons discharging waste into the waters of the state to comply with such new or modified standards unless such discharges create an actual or potential hazard to public health. 3. Any discharge in accord with such standards of the Department and in compliance with all other rules, requirements and wasteload allocations established by the Department and with rules promulgated by other state environmental agencies shall not be deemed to be pollution. 4. Notwithstanding the implementation jurisdiction provided to the Department in paragraph 1 of subsection C of this section, the Department of Environmental Quality shall also have jurisdiction to adopt variances and site-specific criteria and to develop and utilize policies and requirements, as provided in paragraphs 18 and 22 of subsection B of Section 1-3-101 of Title 27A of the Oklahoma Statutes. Added by Laws 1972, c. 242, § 6. Amended by Laws 1988, c. 203, § 6, emerg. eff. June 10, 1988; Laws 1993, c. 145, § 321, eff. July 1, 1993. Renumbered from § 926.6 of this title by Laws 1993, c. 145, § 361, eff. July 1, 1993. Amended by Laws 1994, c. 209, § 1, eff. Sept. 1, 1994; Laws 1999, c. 413, § 8, eff. Nov. 1, 1999; Laws 2018, c. 137, § 2, eff. Nov. 1, 2018; Laws 2021, c. 377, § 1, eff. Nov. 1, 2021; Laws 2022, c. 185, § 6, eff. Nov. 1, 2022. Renumbered from § 1085.30 of Title 82 by Laws 2023, c. 164, § 4, eff. Nov. 1, 2023.
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