Oklahoma Approved To Issue Agricultural Related NPDES Permits

The Environmental Protection Agency has approved Oklahoma’s request for issuing agriculture-based Clean Water Act discharge permits to the Oklahoma Department of Agriculture, Food and Forestry (ODAFF). The Oklahoma legislature first proposed the delegation of authority from EPA to ODAFF in 1994. On August 16, 2012, the Governor of Oklahoma requested NPDES permit program approval and submitted a Statement of Legal Authority, copies of applicable state statutes and regulations, and a Memorandum of Understanding to be approved by the EPA Region 6 Regional Administrator and the Commissioner of Agriculture for the ODAFF.

Oklahoma will take over responsibility to implement the Agriculture Pollutant Discharge Elimination System (AgPDES) program covering discharges associated with concentrated animal feeding operations, the application of biological or chemical pesticides, discharges from forestry activities, and discharges of storm water from agricultural activities.

The Clean Water Act of 1972 created the National Pollutant Discharge Elimination System program under which the EPA may issue permits for the point source discharge of pollutants to waters of the United States. The Act requires the EPA to authorize a state to administer an equivalent state program upon the Governor’s request, provided the state has the appropriate legal authority and a program sufficient to meet the Act’s requirements.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.
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Revisions To Oklahoma Water Quality Standards

The Oklahoma Water Resources Board (OWRB) Water Quality Programs Division is currently planning the 2012 triennial revision of Oklahoma’s Water Quality Standards (OAC 785:45) and the Implementation of Oklahoma’s Water Quality Standards (WQS) (OAC 785:46). In contrast to previous interim revisions, this revision may consider all aspects of the WQS document. OWRB has already announced that it is currently planning revisions to the human health criteria.

OWRB is requesting public input on any additional revisions stakeholders believe should be considered. Because is the first time the entire WQS document has been completely opened since 2009, OWRB anticipates a significant number of revision requests. Informal meetings will be held on the following dates, to discuss the potential revision topics in the Board Room at the OWRB Oklahoma City office.

• Friday, September 14, 2012, 9:30 A.M.
• Thursday, October 11, 2012, 2:00 P.M.

The meetings will be followed with a formal Notice of Rulemaking Intent, formal proposed language, a Rule Impact Statement, a formal comment period from mid-November through December 2012 and a formal public hearing in January 2013.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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Oklahoma (ODEQ) Amendments to Biomonitoring - Whole Effluent Toxicity Test Requirements

The Oklahoma Department of Environmental Quality (ODEQ) has proposed certian modifications to State rules concerning biomonitoring (whole effluent toxicity, or WET) requirements for wastewater dischargers. Permittees with biomonitoring requirements must collect samples of their effluent periodically and conduct standardized laboratory toxicity tests to determine if the effluent exhibits any adverse responses to test organisms.

Under the proposed rules, a sublethal test failure (failure to demonstrate growth or reproduction) will be handled the same as a lethal test failure (death to the test organisms). This change is required based on changes in US EPA requirements and has already been promulgated into Oklahoma’s Water Quality Standards.

The proposed rule modifications also refine under what circumstances a facility may request a change biomonitoring organism from Daphnia pulex or Ceriodaphnia dubia to Daphnia magna.

One additional change is being proposed by ODEQ which is unrelated to biomonitoring. ODEQ has proposed rule modifications would require monthly monitoring for phosphorus and/or nitrogen if a facility is discharging to a nutrient limited watershed as designated by Oklahoma’s Water Quality Standards.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website