Okla. Stat. tit. 17, § 17-52

- Environmental jurisdiction of Department of Environmental Quality.

A. 1. Except as otherwise provided by this section, the

Corporation Commission is hereby vested with exclusive jurisdiction,

power and authority with reference to:

a. the conservation of oil and gas,

b. field operations for geologic and geophysical

exploration for oil, gas and brine, including seismic

survey wells, stratigraphic test wells and core test

wells,

c. the exploration, drilling, development, producing or

processing for oil and gas on the lease site,

d. the exploration, drilling, development, production and

operation of wells used in connection with the

recovery, injection or disposal of mineral brines,

e. reclaiming facilities only for the processing of salt

water, crude oil, natural gas condensate and tank

bottoms or basic sediment from crude oil tanks,

pipelines, pits and equipment associated with the

exploration, drilling, development, producing or

transportation of oil or gas,

f. injection wells known as Class II wells under the

federal Underground Injection Control program, any

aspect of any CO2 sequestration facility, including

any associated Class VI CO2 injection well, and any

CO2 storage unit associated with a CO2 sequestration

facility, over which the Commission is given

jurisdiction pursuant to the Oklahoma Carbon Capture

and Geologic Sequestration Act. Any substance that

the United States Environmental Protection Agency

allows to be injected into a Class II well may

continue to be so injected,

g. tank farms for storage of crude oil and petroleum

products which are located outside the boundaries of

refineries, petrochemical manufacturing plants,

natural gas liquid extraction plants, or other

facilities which are subject to the jurisdiction of

the Department of Environmental Quality with regard to

point source discharges,

h. the construction and operation of pipelines and

associated rights-of-way, equipment, facilities or

buildings used in the transportation of oil, gas,

petroleum, petroleum products, anhydrous ammonia or

mineral brine, or in the treatment of oil, gas or

mineral brine during the course of transportation but

not including line pipes in any:

(1) natural gas liquids extraction plant,

Oklahoma Statutes - Title 17. Corporation Commission Page 28

(2) refinery,

(3) reclaiming facility other than for those

specified within subparagraph e of this

paragraph,

(4) mineral brine processing plant, and

(5) petrochemical manufacturing plant,

i. the handling, transportation, storage and disposition

of saltwater, mineral brines, waste oil and other

deleterious substances produced from or obtained or

used in connection with the drilling, development,

producing and operating of oil and gas wells, at:

(1) any facility or activity specifically listed in

this paragraph and paragraph 2 of this subsection

as being subject to the jurisdiction of the

Commission, and
on, storage and disposition

of saltwater, mineral brines, waste oil and other

deleterious substances produced from or obtained or

used in connection with the drilling, development,

producing and operating of oil and gas wells, at:

(1) any facility or activity specifically listed in

this paragraph and paragraph 2 of this subsection

as being subject to the jurisdiction of the

Commission, and

(2) other oil and gas extraction facilities and

activities,

j. spills of deleterious substances associated with

facilities and activities specified in this paragraph

or associated with other oil and gas extraction

facilities and activities, and

k. subsurface storage of oil, natural gas and liquefied

petroleum gas in geologic strata.

2. The exclusive jurisdiction, power and authority of the

Corporation Commission shall also extend to the construction,

operation, maintenance, site remediation, closure and abandonment of

the facilities and activities described in paragraph 1 of this

subsection.

3. When a deleterious substance from a Commission-regulated

facility or activity enters a point source discharge of pollutants

or storm water from a facility or activity regulated by the

Department of Environmental Quality, the Department shall have sole

jurisdiction over the point source discharge of the commingled

pollutants and storm water from the two facilities or activities

insofar as Department-regulated facilities and activities are

concerned.

4. For purposes of the federal Clean Water Act, any facility or

activity which is subject to the jurisdiction of the Corporation

Commission pursuant to this subsection and any other oil and gas

extraction facility or activity which requires a permit for the

discharge of a pollutant or storm water to waters of the United

States shall be subject to the direct jurisdiction of the United

States Environmental Protection Agency and shall not be required to

be permitted by the Department of Environmental Quality or the

Corporation Commission for such discharge.

5. The Corporation Commission shall have jurisdiction over:

Oklahoma Statutes - Title 17. Corporation Commission Page 29

a. underground storage tanks that contain antifreeze,

motor oil, motor fuel, gasoline, kerosene, diesel, or

aviation fuel and that are not located at refineries

or at upstream or intermediate shipment points of

pipeline operations, including, but not limited to,

tanks from which these materials are dispensed into

vehicles, or tanks used in wholesale or bulk

distribution activities, as well as leaks from pumps,

hoses, dispensers, and other ancillary equipment

associated with the tanks, whether above the ground or

below; provided, that any point source discharge of a

pollutant to waters of the United States during site

remediation or the off-site disposal of contaminated

soil, media, or debris shall be regulated by the

Department of Environmental Quality,

b. aboveground storage tanks that contain antifreeze,

motor oil, motor fuel, gasoline, kerosene, diesel, or

aviation fuel and that are not located at refineries

or at upstream or intermediate shipment points of

pipeline operations, including, but not limited to,

tanks from which these materials are dispensed into

vehicles, or tanks used in wholesale or bulk

distribution activities, as well as leaks from pumps,

hoses, dispensers, and other ancillary equipment

associated with the tanks, whether above the ground or

below; provided, that any point source discharge of a

pollutant to waters of the United States during site

remediation or the off-site disposal of contaminated

soil, media, or debris shall be regulated by the

Department of Environmental Quality, and

c. the Petroleum Storage Tank Release Environmental

Cleanup Indemnity Fund and Program and the Oklahoma

Leaking Underground Storage Tank Trust Fund.

6. The Department of Environmental Quality shall have sole
to waters of the United States during site

remediation or the off-site disposal of contaminated

soil, media, or debris shall be regulated by the

Department of Environmental Quality, and

c. the Petroleum Storage Tank Release Environmental

Cleanup Indemnity Fund and Program and the Oklahoma

Leaking Underground Storage Tank Trust Fund.

6. The Department of Environmental Quality shall have sole

jurisdiction to regulate the transportation, discharge or release of

deleterious substances or hazardous or solid waste or other

pollutants from rolling stock and rail facilities. The Department

of Environmental Quality shall not have any jurisdiction with

respect to pipeline transportation of carbon dioxide.

7. The Department of Environmental Quality shall have sole

environmental jurisdiction for point and nonpoint source discharges

of pollutants and storm water to waters of the state from:

a. refineries, petrochemical manufacturing plants and

natural gas liquid extraction plants,

b. manufacturing of oil and gas related equipment and

products,

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c. bulk terminals, aboveground and underground storage

tanks not subject to the jurisdiction of the

Commission pursuant to this subsection, and

d. other facilities, activities and sources not subject

to the jurisdiction of the Corporation Commission or

Oklahoma Department of Agriculture, Food, and Forestry

as specified by this section.

8. The Department of Environmental Quality shall have sole

environmental jurisdiction to regulate air emissions from all

facilities and sources subject to operating permit requirements

under Title V of the federal Clean Air Act as amended.

B. The Corporation Commission and incorporated cities and towns

shall have exclusive jurisdiction over permit fees for the drilling

and operation of oil and gas wells.

C. The Corporation Commission shall comply with and enforce the

Oklahoma Water Quality Standards.

D. For purposes of immediately responding to emergency

situations having potentially critical environmental or public

safety impact and resulting from activities within its jurisdiction,

the Corporation Commission may take whatever action is necessary,

without notice and hearing, including without limitation the

issuance or execution of administrative agreements by the Oil and

Gas Conservation Division of the Corporation Commission, to promptly

respond to the emergency.