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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 785. Oklahoma Water Resources Board |
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Chapter 46. Implementation of Oklahoma's Water Quality Standards |
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Subchapter 13. Implementation of Antidegradation Policy |
SECTION 785:46-13-1. Applicability and Scope
Latest version.
- (a) The rules in this Subchapter provide a framework for implementing the antidegradation policy stated in OAC 785:45-3-2 and OAC 785:45-5-25 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 of 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.(c) In addition to the four tiers of protection, this Subchapter provides rules to implement the protection of waters in areas listed in Appendix B of OAC 785:45. Although Appendix B areas are not mentioned in OAC 785:45-3-2, the framework for protection of Appendix B areas is similar to the implementation framework for the antidegradation policy.(d) In circumstances where more than one beneficial use limitation exists for a waterbody, the most protective limitation shall apply. For example, all antidegradation policy implementation rules applicable to Tier 1 waterbodies shall be applicable also to Tier 2, Tier 2.5 and Tier 3 waterbodies or areas, and implementation rules applicable to Tier 2 waterbodies shall be applicable also to Tier 2.5 and Tier 3 waterbodies.(e) Publicly owned treatment works may use design flow, mass loadings or concentration, as appropriate, to calculate compliance with the increased loading requirements of this section if those flows, loadings or concentrations were approved by the Oklahoma Department of Environmental Quality as a portion of Oklahoma's Water Quality Management Plan prior to the application of the ORW, HQW, SWS, or SWS-R limitation.