Welcome to the 2021
Regulatory Newsreel
June 17, 2021
Oklahoma City, OK
Environmental Federation of Oklahoma 2021 Regulatory Newsreel
June 17, 2021 8:30 – 8:45 Welcome – Bud Ground, EFO President
8:45 – 9:00 Scott Thompson, Executive Director, Oklahoma Department of Environmental Quality 9:00 – 9:30
9:30 – 10:00 Victoria Tran, Sr. Counsel and Policy Adviser, Oklahoma Secretary of Energy and Environment ODEQ Legislative Update
“Policy and Polemics Amidst a Pandemic: 2021 Legislative Update”- Michelle Wynn, Legislative Liaison
& Jimmy Givens, Deputy Executive Director 10:00 – 10:15 Break
10:15 – 10:45
10:45 – 11:15 11:15 – 11:35
11:35 – 11:55
12:00-1:00 1:00 – 2:00
2:00 – 2:30 2:30 – 2:45 2:45 – 3:15
ODEQ Land Protection Division (LPD) – Regulatory Updates & Highlights Program Highlights – Cliff Hoyle, Assistant Division Director
Hazardous Waste Updates – Cliff Hoyle, Assistant Division Director Solid Waste Updates – Patrick Riley, Environmental Program Manager ODEQ Air Quality Division (AQD) – Regulatory Updates & Highlights New Permitting Rules – Tom Richardson, Professional Engineer
VW Accomplishments – Heather Lerch, Environmental Programs Manager
ODEQ State Environmental Lab Services (SELS) Division – Regulatory Updates & Highlights SELS Staffing Changes – Jeff Franklin, Division Director/Cody Danielson, Asst. Division Director Small PWS Technical Assistance Pilot Program – Jeff Franklin, Division Director
EPA Water Security Emergency Response Exercise – Cody Danielson, Asst. Division Director UCMR 5 – Cody Danielson, Asst. Division Director/Jeff Franklin, Div Director
ODEQ ECLS Division – Regulatory Update & Highlights – Mark Hildebrand
ArcGIS Mapping of ECLS Programs – George Russell, Environmental Programs Manager Virtual Training During the Pandemic and Beyond – Nicholas Huber, Environmental Programs Manager
LUNCH
ODEQ Water Quality Division (WQD) – Regulatory Updates & Highlights Industrial NPDES Permitting Update – Karen Steele, Assistant Division Director Stormwater Update – Karen Steele, Assistant Division Director
Clean Water Act and PFAS Requirements – Shellie Chard, Division Director CDC Wastewater Based Epidemiology Project – Shellie Chard, Division Director Oklahoma Department of Wildlife Conservation
“A Walk on the Wild Side” – Corey Jager, Legislative Liaison Break
Oklahoma Water Resources Board OWRB Update – Bill Cauthron
3:15 – 3:30 Closing Remarks – Bud Ground, EFO President
Scott Thompson, Executive Director
ENVIRONMENTAL FEDERATION OF OKLAHOMAJUNE 17, 2021
PRESENTED BY:JIMMY GIVENS
DEQ DEPUTY EXECUTIVE DIRECTORMICHELLE WYNN
DEQ LEGISLATIVE LIAISON
DEQ 2021
LEGISLATION UPDATE
1 Session Attributes
Ended not with a bang but with a whimper
The more things change, the more they stay the same, e.g.:
• Record number of bills, including hundreds of shell bills
• Complaints about openness and transparency, especially budget bills (“warm from the printer”)
• When push comes to shove, Rules of Procedure don’t mean much
Big issues:
• Managed care for Medicaid
• Federal/state/municipal authority
• Merit System reform
• Abortion
• Critical race theory
• Redistricting
2 Enacted Bills
Bills Related to DEQ Areas of
Environmental Responsibility
HB 1705 (eff. 7/01/21)
❑ Eliminate hazardous waste disposal plans and slightly adjust generator and TSD fees
HB 2402 (eff. 7/01/21)
❑ Authorize political subdivisions to utilize design-build project delivery for water and wastewater facilities
SB 246 (eff. 11/01/21)
❑ Air curtain incinerators required for land-clearing and brush-burning fires only in Oklahoma County and Tulsa County, rather than whole MSA
SB 448 (eff. 11/01/21)
❑ Advanced plastics recycling facilities (post-use polymer/recovered
feedstock depolymerization, gasification, pyrolysis, solvolysis) not subject to solid waste permitting
HJR 1046
❑ Administrative rules approval
Government Operations Measures
HB 2900 (eff. 7/01/21)
❑ General appropriations (FY 22)
❖ $1.8M increase in general revenue money to DEQ for additional
assistance to small public water supply systems and for FTEs in the lab, local services, and water/wastewater
HB 1146 (eff. 1/01/22)
❑ Merit System reform
HB 1236 (eff. 7/01/21)
❑ Legislative/Attorney General review of federal regs and executive orders
SB 913 (eff. 9/01/21)
❑ Revised administrative rules review procedure, including new joint legislative committee
3 Bills of Interest Not Enacted
PFAS Waste Act
Live-stream videoconferenced public meetings
QUESTIONS
Thank you to our Break
Sponsors!
Land Protection Division
EFO Regulatory Newsreel
June 17, 2021
Clifton Hoyle
Land Protection Division
Personnel Updates
Fenton Rood
Ray Roberts
Land Protection Division
Remediation Highlights
DEQ Brownfields- $1M Revolving
Loan Fund
Diamond Building- Tulsa, Oklahoma
Scissortail Park Brownfields Site
Oklahoma City, Oklahoma
Evans-Fintube Brownfields Site
Tulsa, Oklahoma
www.brownfields2021.org OKLAHOMA CITY, OK
December 8-11
National Brownfields Conference
Eagle Industries Superfund Site
Midwest City, Oklahoma
ORC Superfund Site
Cyril, Oklahoma
Cushing Refinery VCP Site
Cushing, Oklahoma
Land Protection Division
Regulatory Updates
Hazardous Waste Program
Large Quantity Generator Reporting Requirements and Fees
HB 1705
Beginning July 1, 2021
• LQGs will no longer be required to submit Disposal Plans
• LQGs will no longer pay fees for any associated waste streams
• LQGs will no longer be required submit Hazardous Waste
Quarterly Reports
• The annual monitoring and inspection fee will now be at a flat rate of $300 for all LQGs
Hazardous Waste Program
Hazardous Waste Disposal Fees
HB 1705
Beginning July 1, 2021
• Increases the in-state per-ton disposal fee from $9/ton to
$9.50/ton
• Offset the revenue lost from removing disposal plans
• Goal was to preserve, not increase, revenue
Hazardous Waste Program
Small Quantity Generator Monitoring Fee
HB 1705
Beginning July 1, 2021
• Sets fee of not less than
Twenty-five ($25.00) and no more than Seventy-five Dollars ($75.00)
Overview of Recent Changes to Air
Quality Permitting Rules
Environmental Federation of Oklahoma
Regulatory Newsreel
June 17, 2021
Tom Richardson
Rules & Planning SectionAir Quality Division
Oklahoma Department of Environmental Quality
Recent Changes to Air Quality Permitting Rules
Introduction
June 17, 2021 2
A quick update. Topics:
Why did we make these particular changes?
Which permitting actions will need to
undergo public review on the web?
Other changes to our rules.
Implementation.
Recent Changes to Air Quality Permitting Rules
SIP Backlog and EPA Collaboration
June 17, 2021 3
Backlog – A State Implementation Plan (SIP) is considered to be in backlog if it has been with EPA > 18 months.
EPA has committed to eliminating the backlog.
During the review of our backlogged SIPs, our SIPs have received active review.
Our collaboration with EPA has been productive and fruitful. They have
worked with us every step of the way and we expect this will expedite approval of our updated SIP.
Recent Changes to Air Quality Permitting Rules
Summary of Issues We Needed to Address
June 17, 2021 4
Our Prevention of Significant Deterioration (PSD) construction
permitting program has been approved and incorporated into our
SIP .
Issues addressed in our recent rule changes:
Public review of the initial Title V permit
Public review of minor New Source Review (NSR) permits – with new exemption thresholds for minor modifications to Title V
permits and exemptions for replacement units in our minor source permitting program
Public review of minor source operating permits
Recent Changes to Air Quality Permitting Rules
Oklahoma DEQ vs EPA View of NSR
June 17, 2021 5
Subchapter 7 (minor sources)
Construction permit
Subchapter 8 (major sources)
Construction permitMinor modificationPSD Permit
Nonattainment NSR
Minor NSR
40 CFR 51 Subpart IPublic review: 51.161
Major NSR
40 CFR 51 Subpart I
PSD Public review: 51.166
Oklahoma DEQ Rules EPA Rules
Recent Changes to Air Quality Permitting Rules
New Requirements for Public Review
June 17, 2021 6
A number of permits previously exempt from public review will now receive public review.
An initial Title V operating permit will follow the Tier II process.
The permit that is issued to move a facility from a Title V permit to a minor source permit will also be Tier II.
Other permitting actions newly required to undergo public review will do so through a Tier I web-based process authorized by EPA.
Individual facility minor source construction permits.
Individual facility minor source operating permits.
Major source construction permits needed to authorize minor modifications to Title V operating permits.
Recent Changes to Air Quality Permitting Rules
Federally Enforceable State Operating Permits
An addition to our definitions: FESOP
This term describes the minor source operating permits we issue in Subchapter 7. Components of this program are already in the SIP. However, we need formal adoption.
The initial FESOP will require 30-day public review.
Modifications to FESOPs will proceed two different ways: enhanced NSR or traditional NSR.
June 17, 2021 7
Recent Changes to Air Quality Permitting Rules
Enhanced NSR or Traditional NSR
June 17, 2021 8
When facilities submit applications for construction permits, they will be asked to choose which public review process they choose to follow:
Enhanced NSR – The public review and EPA review will occur only during the
issuance of the construction permit. The operating permit will be modified using the administrative amendment process for Title V permits or minor modifications will be issued without public or EPA review for Subchapter 7 operating permits (FESOPS).
Traditional NSR – The 30-day public review period will occur before the construction permit is issued. EPA will have an opportunity to comment as well, during this
period. When it is time to issue the operating permit, there will be another 30-day public review period and, for Title V operating permits, a 45-day EPA review period.
Recent Changes to Air Quality Permitting Rules
Thresholds for Minor Modifications
June 17, 2021 9
New 10 TPY exemption threshold from the requirement for a minor NSR permit for minor modifications to Title V operating permits.
• Our past practice has been to exempt all minor modifications (minor mods) to Title V operation permits from the requirement to obtain a minor NSR permit.
• This practice was never formally incorporated into the SIP.
• The SIP does include an old exemption for facilities and/or projects with emissions and/or emission increases less than 5 TPY (originally 1 lb/hr).
• Our proposed rule text will provide for an exemption from minor NSR for any
project with a potential emissions increase of less than or equal to 10 TPY of any regulated air pollutant.
• The calculation method will be adapted from the approach used in the Tribal NSR rule (40 CFR Part 49.153(b).
Recent Changes to Air Quality Permitting Rules
Replacement Units in Subchapter 7
June 17, 2021 10
Newly proposed rule text will exempt installation of replacement units from the requirement to obtain a construction permit.
• This exemption is only allowed if the replacement unit does not require a change in any emission limit in the existing permit.
• The owner or operator will be required to notify the DEQ in writing within fifteen (15) days of the startup of the replacement unit.
• This exemption includes units subject to emission limits, equipment standards, and/or work practice standards under NSPS and NESHAP.
Recent Changes to Air Quality Permitting Rules
Our Path Forward
June 17, 2021 11
The new rules will go into effect on September 15, 2021.
We are developing new guidance and new forms.
Please try to get your applications in as early as practicable.
Please plan, in advance, for the extra time needed for the 30-day public review on the web for these categories of Tier I permits.
Lee Warden (Air Quality Permitting and Engineering Group Manager)and Phillip Fielder (Air Quality Chief Engineer) are happy to answeryour implementation questions.
Recent Changes to Air Quality Permitting Rules
Q&A Session
June 17, 2021 12
Oklahoma Volkswagen Settlement
Presented by:Heather Lerch
Oklahoma Department of Environmental Quality
Oklahoma VW Settlement
Settlement Background
• From 2009-2016, Volkswagen, Audi, and Porsche sold approx. 590,000
vehicles equipped with defeat devices, emitting harmful air pollution (nitrogen oxides/NOₓ) up to 40-times the legal limit
• Settlement funds will pay for specific projects that reduce NOₓ
Oklahoma VW Settlement
Oklahoma VW Program
Goal
:
To cost-effectively reduce mobile Nitrogen Oxide (NOx) emissions throughout the State
Approximately $21 million;
About 10 years to spend
(we are in year 4)
InfrastructureZEV
~$3 mil15%
Alt. Fuel School Bus
~$4 mil20%
DERA10%
~$1 milOn-Road
~$4 mil20%Off-Road
~$4 mil20%
Reserve
~$3 mil15%
Oklahoma VW Settlement
Alternative Fuel School Bus Program
• All-electric
• Propane
• CNG
DERA Grants
• Diesel School Buses
• Gasoline School BusesOn-Road Program
• Class 8 Local Freight Trucks and Drayage Trucks
• Class 4-8 Shuttle Bus or Transit Bus
• Class 4-7 Local Freight TrucksOff-Road Program
• Freight Switchers
• Ferries/Tugs
• Airport Ground Support Equipment
• Forklifts and Port Cargo Handling Equipment
Light Duty Zero Emission Vehicle Supply Equipment
• Electric ChargersReserve Flex Funding
• To be distributed later
public 90electric
vehicle chargerslocations34
Oklahoma VW Settlement
InfrastructureZEV
~$3 mil15%
Alt. Fuel School Bus
~$4 mil20%
DERA10%
~$1 milOn-Road
~$4 mil20%Off-Road
~$4 mil20%
Reserve
~$3 mil15%
Oklahoma VW Settlement
Alternative Fuel School Bus Program
• All-electric
• Propane
• CNG
DERA Grants
• Diesel School Buses
• Gasoline School BusesOn-Road Program
• Class 8 Local Freight Trucks and Drayage Trucks
• Class 4-8 Shuttle Bus or Transit Bus
• Class 4-7 Local Freight TrucksOff-Road Program
• Freight Switchers
• Ferries/Tugs
• Airport Ground Support Equipment
• Forklifts and Port Cargo Handling Equipment
Light Duty Zero Emission Vehicle Supply Equipment
• Electric ChargersReserve Flex Funding
• To be distributed later
Alternative Fuel School Bus
Projects4 new CNG
school buses64 new LPG school
buses
Oklahoma VW Settlement
InfrastructureZEV
~$3 mil15%
Alt. Fuel School Bus
~$4 mil20%
DERA10%
~$1 milOn-Road
~$4 mil20%Off-Road
~$4 mil20%
Reserve
~$3 mil15%
Oklahoma VW Settlement
Alternative Fuel School Bus Program
• All-electric
• Propane
• CNG
DERA Grants
• Diesel School Buses
• Gasoline School BusesOn-Road Program
• Class 8 Local Freight Trucks and Drayage Trucks
• Class 4-8 Shuttle Bus or Transit Bus
• Class 4-7 Local Freight TrucksOff-Road Program
• Freight Switchers
• Ferries/Tugs
• Airport Ground Support Equipment
• Forklifts and Port Cargo Handling Equipment
Light Duty Zero Emission Vehicle Supply Equipment
• Electric ChargersReserve Flex Funding
• To be distributed later
Clean Diesel Projects 113 new
diesel school
buses2 vehicle
retrofits
Oklahoma VW Settlement
InfrastructureZEV
~$3 mil15%
Alt. Fuel School Bus
~$4 mil20%
DERA10%
~$1 milOn-Road
~$4 mil20%Off-Road
~$4 mil20%
Reserve
~$3 mil15%
Oklahoma VW Settlement
Alternative Fuel School Bus Program
• All-electric
• Propane
• CNG
DERA Grants
• Diesel School Buses
• Gasoline School BusesOn-Road Program
• Class 8 Local Freight Trucks and Drayage Trucks
• Class 4-8 Shuttle Bus or Transit Bus
• Class 4-7 Local Freight TrucksOff-Road Program
• Freight Switchers
• Ferries/Tugs
• Airport Ground Support Equipment
• Forklifts and Port Cargo Handling Equipment
Light Duty Zero Emission Vehicle Supply Equipment
• Electric ChargersReserve Flex Funding
• To be distributed later
On-Road Projects1 electric transit bus
3 CNG transit buses
9 CNG large trucks30 diesel large trucks
2 diesel medium
trucks45 total vehicles
Oklahoma VW Settlement
InfrastructureZEV
~$3 mil15%
Alt. Fuel School Bus
~$4 mil20%
DERA10%
~$1 milOn-Road
~$4 mil20%Off-Road
~$4 mil20%
Reserve
~$3 mil15%
Oklahoma VW Settlement
Alternative Fuel School Bus Program
• All-electric
• Propane
• CNG
DERA Grants
• Diesel School Buses
• Gasoline School BusesOn-Road Program
• Class 8 Local Freight Trucks and Drayage Trucks
• Class 4-8 Shuttle Bus or Transit Bus
• Class 4-7 Local Freight TrucksOff-Road Program
• Freight Switchers
• Ferries/Tugs
• Airport Ground Support Equipment
• Forklifts and Port Cargo Handling Equipment
Light Duty Zero Emission Vehicle Supply Equipment
• Electric ChargersReserve Flex Funding
• To be distributed later
InfrastructureZEV
~$3 mil15%
Alt. Fuel School Bus
~$4 mil20%
DERA10%
~$1 milOn-Road
~$4 mil20%Off-Road
~$4 mil20%
Reserve
~$3 mil15%
Oklahoma VW Settlement
Alternative Fuel School Bus Program
• All-electric
• Propane
• CNG
DERA Grants
• Diesel School Buses
• Gasoline School BusesOn-Road Program
• Class 8 Local Freight Trucks and Drayage Trucks
• Class 4-8 Shuttle Bus or Transit Bus
• Class 4-7 Local Freight TrucksOff-Road Program
• Freight Switchers
• Ferries/Tugs
• Airport Ground Support Equipment
• Forklifts and Port Cargo Handling Equipment
Light Duty Zero Emission Vehicle Supply Equipment
• Electric ChargersReserve Flex Funding
• To be distributed later
InfrastructureZEV
~$3 mil15%
Alt. Fuel School Bus
~$4 mil20%
DERA10%
~$1 milOn-Road
~$4 mil20%Off-Road
~$4 mil20%
Reserve
~$3 mil15%
Oklahoma VW Settlement
Alternative Fuel School Bus Program
• All-electric
• Propane
• CNG
DERA Grants
• Diesel School Buses
• Gasoline School BusesOn-Road Program
• Class 8 Local Freight Trucks and Drayage Trucks
• Class 4-8 Shuttle Bus or Transit Bus
• Class 4-7 Local Freight TrucksOff-Road Program
• Freight Switchers
• Ferries/Tugs
• Airport Ground Support Equipment
• Forklifts and Port Cargo Handling Equipment
Light Duty Zero Emission Vehicle Supply Equipment
• Electric ChargersReserve Flex Funding
• To be distributed later
Benefits So Far…
Projected Cumulative Benefits
To Date
226 cleaner
vehicles on
the road
2 vehicle
retrofits chargers 90 EV
102 awards/
organizations
funded
$12.3 mil
federal and VW
funding
Oklahoma VW Settlement
Projected Cumulative Benefits:
Phases 1 and 2
226 cleaner
vehicles on
the road
Oklahoma VW Settlement
Projected Cumulative Benefits
To Date
199 tons NOx
10.2
tons
PM2.5
14.4
tons HC 338
tons CO
51,403
tons CO2
18.9 tons
VOC
Oklahoma VW Settlement
Oklahoma Volkswagen Program
Email: VWSettlement@deq.ok.govPhone: (405) 702-4100
Web: deq.ok.gov/air-quality-division/volkswagen-settlement/
Oklahoma VW Settlement
deq.ok.gov/air-quality-division/volkswagen-settlement/
EFO Regulatory UpdateJune 17th, 2021
Jeff FranklinCody Danielson
Staffing and Role Changes
Small Systems Assistance Program
Full Scale Emergency Response ExercisePFAS Testing/UCMR 5
What’s Next?
SELSD
SELSD
Staffing and
Role Changes
Karina Blanton new SELSD Quality Assurance Officer
3/2020
3/2020David Caldwell
joined TNI Board of Directors
Cody Danielson TNI Microbiology Expert Committee
Vice Chair4/2020
3/2021Ryan Lerch joined NELAP Accreditation
Council
Chris Armstrong retired as SELSD
Director3/31/2021
4/2021Cody Danielson
APHL Agency Representative
Jeff Franklin new SELSD
Director4/1/2021
4/25/21Cody Danielson
new SELSD Assistant
Director
SELSD
Small Systems
Assistance Pilot
Program
What: EPA grant funded program, sponsored by ODEQ WQD
Goal: Bring PWS's into compliance, reduce health-based violations, build an infrastructure of training and sustainable competence for small system personnel.
Project status: Ongoing sinceJuly 2020
Project scope: 50 small systems within greater OKC area have been targeted to date and provided enhanced technical assistance
National Older Worker Career Center (NOWCC)
SELSD
It's Working!
Small Systems
Assistance Pilot
Program
SELSD
Objectives
Increase awareness of roles and responsibilities
Enhance internal coordination
Examine operational coordination between SELS and the PHL
Expand ODEQ field and analytical expertise
Examine timely and coordinated test data information sharing
Explore tools and resources available to support response operations
1
2
3
4
5
6
Full Scale
Emergency
Response
Exercise
SELSD
Full Scale
Emergency
Response
Exercise
• EPA Headquarters
• EPA R6 Water Security Branch
• Cadmus Group
• ERLN
• WLA
• City of Norman
• ODEQ Divisions: SELSD, WQD, LPD, and ECLS
Partners
• 5 Months of planning
• Full team meetings every two weeks
• ODEQ meetings more often
Planning
Phase
SELSD
Full Scale
Emergency
Response
Exercise
• Realistic watershed contamination events
• Carried through as if a real-life event
Scope
• Training seminars
• Collection events
• Analytical testing
• Tabletop exercise
• Hotwashes
Associated
Activities
• June 2021
• Duration of 1 week
Event
Timeline
SELSD
PFAS In Our World
• Limited capacity for testing in the state
• LC-MS-MS Technology
• SELS
developing Analytical Capacity for PFAS
• UCMR 5
• TNI/NELAP Accreditation
• Future DW rule promulgation?
• Wastewater?
SELSD
What is
Next?
Mobile lab
Another MUR was issued (CWA and DW)
Rulemaking for 301, 302, 307, 305
SELSD
Questions?
Jeff Franklin, SELSD DirectorEmail: jeff.franklin@deq.ok.govPhone: 405-702-1000
Cody Danielson, SELSD Assistant DirectorEmail: cody.danielson@deq.ok.gov
Phone: 405-702-1000
SELSD
Environmental Complaints and
Local Services
George Russell IV- ArcGIS maps and ECLS
Nicholas Huber- Virtual Training During
the Pandemic and Beyond
https://storymaps.arcgis.com/stories/0bef9af83b5d47ce85f93993569eb5e4
Thank you to our Luncheon
Sponsor
REGULATORY UPDATES
AND HIGHLIGHTS
SHELLIE CHARD, DIRECTOR, WATER QUALITY DIVISION
KAREN STEELE, ASSISTANT DIRECTOR, WATER QUALITY DIVISION
TOPICS
NPDES
Updates for
Industries
Industrial
Stormwater
updates
Clean Water
Act PFAS
Updates
Wastewater
Based
Epidemiology
INDUSTRIAL WASTEWATER AND DEQ
DEQ*
• Paper and Allied Products
• Mineral Mining and Dressing
• Landfills
• Automobile Salvage Yards
• Food and Kindred Products
• Textile Mills
NOT DEQ*
• Certain Oil & Gas
• Agricultural Production
• Pesticide Application
• Produced water (so far)
• Any Activity in Indian Country
within the State of Oklahoma
*Examples of Activities. Contact DEQ for additional information.
ORGANIZATIONAL UPDATES
Brian ClaggIndustrial
Wastewater Group
Carol PadenIndustrial Permitting
Wayne CraneyIndustrial Technical
Assistance and Enforcement
INDUSTRIAL PERMITS
INDUSTRIAL GENERAL PERMIT RENEWAL SCHEDULE
PERMIT EXPIRATION DATE FISCAL YEAR
MOBILE CONCRETE BATCH PLANT (OKG11MT) JUNE 7, 2022 FY22
UNDERGROUND STORAGE TANK (OKG83) DECEMBER 31, 2022 FY23
VEHICLE WASH FACILITY (OKG75) JANUARY 1, 2023 FY23
CLASS III TOTAL RETENTION IMPOUNDMENT (OKGC3T) FEBRUARY 6, 2023 FY23
ROCK, SAND, AND GRAVEL QUARRY (OKG95) JUNE 30, 2023 FY23
SURFACE COAL STRIP MINE (OKG04) NOVEMBER 30, 2023 FY24
CONCRETE BATCH PLANT (OKG11) FEBRUARY 29, 2024 FY24
HYDROSTATIC TEST (OKG27) MARCH 31, 2025 FY25
MEDICAL MARIJUANA (OKG42T) APRIL 30, 2025 FY25
INDUSTRIAL STORMATER AUTHORIZATIONS
FY21 INDUSTRIAL STORMWATER PERMIT TIMELINES
NEW AND UPCOMING
Meat Processors Medical Marijuana
NEW AND UPCOMING
EPA’s Water Reuse
Action Plan Produced Water
Update
NEW AND UPCOMING
PFAS DEQ’s MSGP
Renewal
INDUSTRIAL STORMWATER PERMIT TIMELINE
Summer 2021Stakeholder
meetings
Fall 2021Submit Draft to
EPA
Spring 2022Public Comment
Period
Summer 2022Issue Permit
EPA'S 2021
MSGP
ISSUED:
1/15/2021
EFFECTIVE:
3/1/2021
Facilities without sector-specific benchmarks conduct indicator monitoring for pH, TSS, and COD
Certain facilities conduct indicator monitoring for polycyclic aromatic hydrocarbons (PAHs)
Updates to benchmark values and benchmark monitoring schedule
Updates to monitoring for impaired waters without a TMDL
Additional Implementation Measures (AIM) for benchmark exceedances
DEQ'S 2022
MSGP
GOAL
EFFECTIVE
DATE:
7/5/2022
Does NOT have to match EPA's MSGPCollaborate with stakeholders early
SWP3's will not be reviewed during renewalGoal: Online Application Forms (NOIs)
Goal: Online Payment Options
Stretch Goal: All forms online (ACSCER, NEC, NOT)
QUESTIONS?
Thank you to our Break
Sponsors
CLEAN WATER ACT AND PFAS: WHAT
YOU NEED TO KNOW
NPDES PERMITS
• EPA LOOKING AT EFFLUENT LIMITATION GUIDELINES
FOR PFAS CHEMICALS
• EPA ISSUED INDIVIDUAL AND GENERAL
(STORMWATER) PERMITS WILL HAVE MONITORING
REQUIREMENTS
• MONITORING REQUIREMENTS EFFECTIVE WHEN TEST
METHOD POSTED TO EPA’S WEBSITE
• BIOSOLIDS TEST METHODS AND LIMITS BEING
DISCUSSED
WASTEWATER
BASED
EPIDEMIOLOGY
AND COVID-19
OKLAHOMA
WBE PROJECTS
University of Oklahoma Team
• OU Norman Campus
• OU Health
• OKC
• Norman
• Anadarko
CDC/Correctional Facilities Team
• Center for Disease Control and Prevention
• Water Environment Federation
• HACH
• OSEE
• DEQ
• DOC
OU PROJECTS
Monitoring Dorms
City of Norman Water Reclamation Facility
Monitoring 13 OKC Sewersheds
Monitoring City of Anadarko Collection
System and Wastewater Treatment Plant
DEPARTMENT OF CORRECTIONS
PARTICIPATING FACILITIES
Howard McLeod Correctional CenterJohn Lilley Correctional Center
Mack Alford Correctional CenterJim E Hamilton Correctional CenterDick Conner Correctional Center
FIELD
MONITORING
PILOT STUDY
Test Hach “field test” for Sars-CoV-2
virus
5 states – Oklahoma first state to
participate
Monitor housing units
Real time results for real time decisions
SHELLIE.CHARD@DEQ.OK.GOV
(405) 702-8157
KAREN.STEELE@DEQ.OK.GOV
(405) 702-8184
Environmental Federation
2021 Newsreel Conference
Bill Cauthron
Water Quality Program Chief
Oklahoma Water Resources Board
OWRB Update
Oklahoma Comprehensive
Water Plan 2012 Update
50-year Supply Needs and Solutions
• Quantified Demand vs. Supply by Region (82 sub-basin level), identified supply gaps, Water/WW Infrastructure Needs, State Legislative policy recommendations
• Since then, significant progress made at all levels and use sectors
• Many Oklahomans and our elected officials have dedicated time and support for law changes, studies, and funding
• Water users from all sectors have embraced Oklahoma’s Water for 2060 Act for water efficiency, conservation, and developing new technologies to put non-traditional water resources to use
Implementing 2012 OCWP
2012:
• Gross Production Tax Funding - Continued extensions by Legislature
• Beneficial Use Monitoring Network- Legislature injected permanent funding for new SW/GW monitoring network - Legislature
• HB 3055 Water for 2060 Act – Sen. Fields; Reps. Steele, Lockhart, and Roan
• HJR 1085 - State Question 764 – Water Infrastructure Credit Enhancement Reserve Fund – Sen. Crain, Fields; Rep. Richardson, Hickman, Roan
• SB 1043 ODEQ Reuse Framework – Sen. Fields Marlatt , Fields; Rep. Martin2016:
• SB 1219 – Aquifer Storage and Recovery framework – Sen. Fields; Rep. Pfeiffer, Osborn
2017:
• HB 1485 authorizes pilot programs for aquifer storage and recovery; adds definitions of aquifer storage – Sen. Griffin & Rep. Watson
OCWP Legislation Since 2012
2018:
• SB 1294 – Authorized gradual implementation of MAY & statewide well spacing. – Sen. Pederson, Murdock, Rosino , Griffin; Rep. Pfeiffer, Osborn
• HB 3405 – Authorized use of marginal quality water by allowing for responsible and safe completion of marginal quality water wells – Sen. Fields; Rep. Watson2019:
• SB 539 – Extension of Gross Production Tax – Sen. Jech; Rep. Newton
• HB 2263 - Creates GW Irrigation District Act – Sen. Murdock; Rep. Patzkowsky
• SB 998 - Defines taking and use of marginal water to be beneficial and not waste – S. Murdock, Rep. Patzkowsky
2020:
• SB 1875- Oil & Gas Produced Water and Waste Recycling Act, ownership and disposal responsibilities
• SB 1269 - Directs OWRB to develop statewide flood resiliency plan and creates revolving fund
Fast forward
• Today’s trends showing more frequent
weather extremes at both ends of hydrograph
• Record rainfall and flood losses becoming larger, more widespread, and costly
• Oklahoma’s water infrastructure is aging and storage capacity inventory lacking
• Flood planning is woven throughout OCWP but drought resiliency typically major focus
• Time for a New Plan!
Keystone Dam
Webbers Falls
2019 Record Flooding
• 2019 historic flood heavily impacted Ark. R. basin, damaging homes, agri. transportation, levees; 6 deaths; $100 million estimated cost
• 416 Counties/Towns/Cities Impacted, with less than ½ participating in NFIP program
Keystone Dam
• 40 Fed. Disaster Declared Counties
• 2,375 Dams in Declared
Counties (201 high hazard); 3 dams failed
OWRB Hazard Mitigation Authority
Water Resources Planning
• Oklahoma Comprehensive Water Plan and Decennial Updates
• Local water planning assistance
Floodplain Management
• FEMA NFIP and Cooperating Tech. Partnership Programs: 404
participating communities; 13,026 policies; $2.9 billion coverage; 407 NON-participating communities; 139 w/ pop> 100
• Floodplain board for State-owned property within floodplains —development permitting & construction standards
• Floodplain Accreditation Program
• Dam Safety Program— 4,700 State/NRCS dams; average age >50 years; > 360 high hazard potential dams
Challenges
SB-1269 State Flood Plan/Fund
Author: Sen. Radar/Rep. Sims, Sponsor: Allison Ikley-Freeman overwhelmingly support by 2020 Legislature
• SB1269- Directs OWRB to develop 1st-ever statewide flood resiliency plan
• Will allow OWRB to integrate Ok. Flood Plan into OCWP and manage water resources more holistically
• Potential to leverage state/local dollars to gain access to additional Federal hazard mitigation funds
• Currently scoping work, data gaps, and identifying funding opportunities
Oklahoma Comprehensive
Water Plan 2025
Vision and Objectives
• Focus on water infrastructure and emphasize need for
water investment mechanism
• 50-yr. Inventory of projects/cost estimates: water,
reclaimed water, reservoir storage, storm water
• For 1
st
time ever, fold in stormwater and flood control
needs, structural and non-structural, on a watershed basis
• Improve online tools, dashboards, models, integration for
long-term planning and resource management
Oklahoma Comprehensive
Water Plan 2025
Stakeholder Engagement:
• Employ focus groups and statewide online surveys to inform
workplan, projections by sector, studies, policy recommendations
• Water Provider surveys enhanced from lessons of 2012
Preliminary Timeline
• 2020/2021: work plan; broad engagement process; identified projects, technical studies, online tool development begin
• 2022: supply/demand projections begin w/ U.S. Census publication
• 2022-2025: technical studies, policy, online tools and data developed and launched, final OCWP recommendations and reports
Oklahoma Strategic Alliance
• Signed Sept. 2019 to assist in improving sustainability of Oklahoma’s water systems
• GOVERNOR/OSEE/OWRA/ODEQ/OWRB
partnership works with systems on planning, technical assistance, operator/member
training
• OWRB offers assistance to borrowers on loan condition compliance, funding opportunities, and small system mapping
Dewar PWA
2021 Legislation
2021:
• SB 913 – Changes rule making requirements and timelines
• HB 2296 – Re-creates the Red River Boundary Commission to coordinate with Texas to make certain boundary determinations
• HB 1093 – Directs the Water Resources Board to update the
Oklahoma Water Quality Standards to facilitate nutrient trading.
• SB 1022 – Allows the Executive Director of the Water Resources Board to issue certain permits which aren’t protested.
Oklahoma Alliance Long Range Sustainability Partners
Atoka County RWD #3 Marietta PWA
Boynton PWA McClain County RWD #8
Caddo PWA Morrison PWA
Cherokee County RWD #1 New Cordell
Cherokee County RWD #7 Okmulgee County RWD #1Cherry Tree RWD Okmulgee County RWD #20Cleo Springs Porter PWA
Colgate PWA Pottawatomie County District Authority
Delaware County RWD #10 Roger Mills County #2 / Red Dewar PWA StarSouthern Oklahoma Water
Corporation
Harper County RWD #1 Tishomingo Municipal Authority
Haskell PWA Town of GlencoeHughes County RWD #6 Town of Jet
Inola PWA Wagoner County RWD #5Lincoln County RWD #4 Wellston PWA
Online Products & Services
Expanding mobile operations, online service to increase
accessibility/lower costs
• New Virtual public/stakeholder meetings: Board Meetings, WaterQuality Standards rulemaking on Illinois R. Criteria, Produced Water Working Group
• New OWRB Help Desk and Complaints Reporting Portal
• New Licensing, Exams, and Continuing Education— well drillers, floodplain management, dam safety
• New Dashboards with mapping: Financial Assistance, Pending Water Permit Applications, developing new River Trends
• New Grant Application Forms
Collaborative Studies
SB 568 Phase II Arbuckle Simpson study (McCall/McCortney 2019)–inform water permitting: USGS; yr. 2 of 5 year data collection; Oka’ Institute, Nations, OWRB; seeking funding
Water Bank Development Strategy— Chickasaw Nation, BoR grant; water banking for water rights overlying ABS basin
Canadian River Modeling Project— OU, Chickasaw and Choctaw
Nations; water needs and identify vulnerable communities in Canadian and Ark. Basins
Water Settlement Planning— Chickasaw, Choctaw, OWRB— Collaborate on comprehensive water planning activities on an annual basis
Upper Red and Upper Wash*ta studies— Ft. Cobb, Tom Steed, LugertAltus, Foss Reservoir Districts, Bor, USGS
