Okla. Admin. Code § 35:44-1-2
Current through Vol. 42, No. 8, January 2, 2025
Section 35:44-1-2 - Incorporation by reference of federal regulations(a) The following provisions of Title 40 of the Code of Federal Regulations and the requirements contained therein pertaining to the National Pollutant Discharge Elimination System are, unless otherwise specified, adopted and incorporated by reference in their entirety: (1) Part 3 (Electronic Reporting) in its entirety.(2) The following from Part 122 (NPDES Permit Regulations):(A) 122.2 (definitions), excluding those definitions that are less stringent than the state of Oklahoma definitions found in Title 2 of the Oklahoma Statutes, Sections 2A-2 and 2A-22 .(B) 122.3 (a)-(g) and (i) (exclusions).(C) 122.4 (a), (b), (d), and (i) (prohibitions).(D) 122.5 (b) and (c) (effect of a permit).(E) 122.6 (continuation of expiring permits).(F) 122.7 (b) and (c) (confidentiality of information).(G) 122.21 (a)-(b), (e)-(i), (k), (m), (o), and (p) (application for permit).(H) 122.22 (signatories to permit applications and reports).(I) 122.23 (concentrated animal feeding operations).(J) 122.26 (storm water discharges).(K) 122.27 (a), and (b)(1) and (3) (silvicultural activities).(L) 122.28 (general permits).(M) 122.29 (new sources and new dischargers).(N) 122.41 (conditions applicable to all permits).(O) 122.42 (a) and (d)-(e) (additional conditions applicable to specified categories of NPDES permits).(P) 122.43 (establishing permit conditions).(Q) 122.44 (establishing limitations, standards, and other permit conditions).(R) 122.45 (calculating NPDES permit conditions).(S) 122.46 (duration of permits).(T) 122.47 (schedules of compliance).(U) 122.48 (requirements for recording and reporting of monitoring results).(V) 122.50 (disposal of pollutants into wells, into publicly owned treatment works or by land application).(W) 122.61 (transfer of permits).(X) 122.62 (modification or revocation and reissuance of permits).(Y) 122.63 (minor modifications permits).(Z) 122.64 (termination of permits).(3) The following from Part 124 (Procedures and Decisionmaking):(B) 124.3(a) (application for a permit).(C) 124.5(a), and (c) - (d) (modification, revocation and reissuance, or termination of permits).(D) 124.6(a), (c) - (e) (draft permits).(F) 124.10(a)(1)(ii), (iii), and (iv), (b) - (e) (public notice of permit actions and public comment period).(G) 124.11 (public comments and requests for public hearings).(H) 124.12(a) (public hearings).(I) 124.13 (obligation to raise issues and provide information during the public comment period.(J) 124.15 (issuance and effective date of permit).(K) 124.16 (stays of contested permit conditions).(L) 124.17(a) and (c) (response to comments).(M) 124.19 (appeal of RCRA, UIC, NPDES, and PSD permits).(N) 124.56 (fact sheets).(O) 124.59 (conditions requested by the Corps of Engineers and other government agencies).(P) 124.62 (decision on variances).(4) Part 125 (Criteria and Standards), Subparts A and D.(5) Part 412 (Effluent Limitations Guideline for Concentrated Animal Feeding Operations (CAFO) Point Source Category) in its entirety.(6) Part 450 (Construction and Development Point Source Category) in its entirety.(b) Narrative provisions of this subchapter control over any provision of regulations of the Environmental Protection Agency (EPA) adopted by reference and the rules are interpreted consistently with state compliance, with the requirements of 40 CFR Part 123 (EPA Regulations on State NPDES Permit Program Requirements), and applicable provisions of the federal Clean Water Act and Oklahoma law.(c) Environmental Protection Agency Form 1 (general information for all applicants), Form 2b (concentrated animal feeding operations application), Form 2c (other applications), and the storm water construction activity Notice of Intent shall be incorporated by reference.Okla. Admin. Code § 35:44-1-2
Added at 27 Ok Reg 2449, eff 7-25-10 ; Amended at 29 Ok Reg 352, eff 12-5-11 (emergency); Amended at 29 Ok Reg 919, eff 7-1-12 ; Amended at 30 Ok Reg 827, eff 7-1-13