Okla. Stat. tit. 27A, § 27A-1-3-101v1

of environmental responsibilities.

A. The provisions of this section specify the jurisdictional

areas of responsibility for each state environmental agency and

state agencies with limited environmental responsibility. The

jurisdictional areas of environmental responsibility specified in

this section shall be in addition to those otherwise provided by law

and assigned to the specific state environmental agency; provided

that any rule, interagency agreement or executive order enacted or

entered into prior to the effective date of this section which

conflicts with the assignment of jurisdictional environmental

responsibilities specified by this section is hereby superseded.

The provisions of this subsection shall not nullify any financial

obligation arising from services rendered pursuant to any

interagency agreement or executive order entered into prior to July

1, 1993, nor nullify any obligations or agreements with private

persons or parties entered into with any state environmental agency

before July 1, 1993.

B. Department of Environmental Quality. The Department of

Environmental Quality shall have the following jurisdictional areas

of environmental responsibility:

1. All point source discharges of pollutants and storm water to

waters of the state which originate from municipal, industrial,

commercial, mining, transportation and utilities, construction,

trade, real estate and finance, services, public administration,

manufacturing and other sources, facilities and activities, except

as provided in subsections D and E of this section;

2. All nonpoint source discharges and pollution except as

provided in subsections D, E and F of this section;

3. Technical lead agency for point source, nonpoint source and

storm water pollution control programs funded under Section 106 of

the federal Clean Water Act, for areas within the Department's

jurisdiction as provided in this subsection;

4. Surface water and groundwater quality and protection and

water quality certifications;

5. Waterworks and wastewater works operator certification;

6. Public and private water supplies;

7. Underground injection control pursuant to the federal Safe

Drinking Water Act and 40 CFR Parts 144 through 148, except for:

a. Class II injection wells,

b. Class V injection wells utilized in the remediation of

groundwater associated with underground or aboveground

storage tanks regulated by the Corporation Commission,

c. those wells used for the recovery, injection or

disposal of mineral brines as defined in the Oklahoma

Brine Development Act regulated by the Commission, and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 26

d. any aspect of any CO sequestration facility, including

2

any associated CO injection well, over which the

2

Commission is given jurisdiction pursuant to the

Oklahoma Carbon Capture and Geologic Sequestration

Act;

8. Notwithstanding any other provision in this section or other

environmental jurisdiction statute, sole and exclusive jurisdiction

for air quality under the federal Clean Air Act and applicable state

law, except for indoor air quality and asbestos as regulated for

worker safety by the federal Occupational Safety and Health Act and

by Chapter 11 of Title 40 of the Oklahoma Statutes;

9. Hazardous waste and solid waste, including industrial,

commercial and municipal waste;

10. Superfund responsibilities of the state under the

Comprehensive Environmental Response, Compensation and Liability Act

of 1980 and amendments thereto, except the planning requirements of

Title III of the Superfund Amendment and Reauthorization Act of

1986;

11. Radioactive waste and all regulatory activities for the use

of atomic energy and sources of radiation except for electronic

products used for diagnosis by diagnostic x-ray facilities and

electronic products used for bomb detection by public safety bomb

squads within law enforcement agencies of this state or within law
Title III of the Superfund Amendment and Reauthorization Act of

1986;

11. Radioactive waste and all regulatory activities for the use

of atomic energy and sources of radiation except for electronic

products used for diagnosis by diagnostic x-ray facilities and

electronic products used for bomb detection by public safety bomb

squads within law enforcement agencies of this state or within law

enforcement agencies of any political subdivision of this state;

12. Water, waste, and wastewater treatment systems including,

but not limited to, septic tanks or other public or private waste

disposal systems;

13. Emergency response as specified by law;

14. Environmental laboratory services and laboratory

certification;

15. Hazardous substances other than branding, package and

labeling requirements;

16. Freshwater wellhead protection;

17. Groundwater protection for activities subject to the

jurisdictional areas of environmental responsibility of the

Department;

18. Utilization and enforcement of Oklahoma Water Quality

Standards and implementation documents, and adoption of water

quality standard variances and site-specific criteria to the extent

that such variances and site-specific criteria are utilized in and

enforced through water quality permits issued by the Department.

Such variances and site-specific criteria may be adopted through

rulemaking or through the permitting process; provided that the

process satisfies the public participation and water quality

standard variance requirements set forth in the corresponding

federal regulations;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 27

19. Environmental regulation of any entity or activity, and the

prevention, control and abatement of any pollution, not subject to

the specific statutory authority of another state environmental

agency;

20. Development and maintenance of a computerized information

system relating to water quality pursuant to Section 1-4-107 of this

title;

21. Development and promulgation of a Water Quality Standards

Implementation Plan pursuant to Section 1-1-202 of this title for

its jurisdictional area of environmental responsibility; and

22. Development and utilization of policies and requirements

necessary for the implementation of Oklahoma Groundwater Quality

Standards to the extent that the implementation of such standards

are within the scope of the Department's jurisdiction, including but

not limited to the establishment of points of compliance when

warranted.

C. Oklahoma Water Resources Board. The Oklahoma Water

Resources Board shall have the following jurisdictional areas of

environmental responsibility:

1. Water quantity including, but not limited to, water rights,

surface water and underground water, planning, and interstate stream

compacts;

2. Weather modification;

3. Dam safety;

4. Flood plain management;

5. State water/wastewater loans and grants revolving fund and

other related financial aid programs;

6. Administration of the federal State Revolving Fund Program

including, but not limited to, making application for and receiving

capitalization grant awards, wastewater prioritization for funding,

technical project reviews, environmental review process, and

financial review and administration;

7. Water well drillers/pump installers licensing;

8. Technical lead agency for clean lakes eligible for funding

under Section 314 of the federal Clean Water Act or other applicable

sections of the federal Clean Water Act or other subsequent state

and federal clean lakes programs; administration of a state program

for assessing, monitoring, studying and restoring Oklahoma lakes

with administration to include, but not be limited to, receipt and

expenditure of funds from federal, state and private sources for

clean lakes and implementation of a volunteer monitoring program to

assess and monitor state water resources, provided such funds from
federal clean lakes programs; administration of a state program

for assessing, monitoring, studying and restoring Oklahoma lakes

with administration to include, but not be limited to, receipt and

expenditure of funds from federal, state and private sources for

clean lakes and implementation of a volunteer monitoring program to

assess and monitor state water resources, provided such funds from

federal Clean Water Act sources are administered and disbursed by

the Office of the Secretary of Environment;

9. Except as set forth in paragraphs 18 and 22 of subsection B

of this section, statewide water quality standards and their

accompanying use support assessment protocols, anti-degradation

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 28

policy and implementation, and policies generally affecting Oklahoma

Water Quality Standards application and implementation including but

not limited to mixing zones, low flows and variances or any

modification or change thereof pursuant to Section 1085.30 of Title

82 of the Oklahoma Statutes;

10. Groundwater protection for activities subject to the

jurisdictional areas of environmental responsibility of the Board;

11. Development and promulgation of a Water Quality Standards

Implementation Plan pursuant to Section 1-1-202 of this title for

its jurisdictional area of environmental responsibility;

12. Development of classifications and identification of

permitted uses of groundwater, in recognized water rights, and

associated groundwater recharge areas;

13. Establishment and implementation of a statewide beneficial

use monitoring program for waters of the state in coordination with

the other state environmental agencies;

14. Coordination with other state environmental agencies and

other public entities of water resource investigations conducted by

the federal United States Geological Survey for water quality and

quantity monitoring in the state; and

15. Development and submission of a report concerning the

status of water quality monitoring in this state pursuant to Section

1-1-202 of this title.

D. Oklahoma Department of Agriculture, Food, and Forestry.

1. The Oklahoma Department of Agriculture, Food, and Forestry

shall have the following jurisdictional areas of environmental

responsibility except as provided in paragraph 2 of this subsection:

a. point source discharges and nonpoint source runoff

from agricultural crop production, agricultural

services, livestock production, silviculture, feed

yards, livestock markets and animal waste,

b. pesticide control,

c. forestry and nurseries,

d. fertilizer,

e. facilities which store grain, feed, seed, fertilizer

and agricultural chemicals,

f. dairy waste and wastewater associated with milk

production facilities,

g. groundwater protection for activities subject to the

jurisdictional areas of environmental responsibility

of the Department,

h. utilization and enforcement of Oklahoma Water Quality

Standards and implementation documents,

i. development and promulgation of a Water Quality

Standards Implementation Plan pursuant to Section 1-1-

202 of this title for its jurisdictional areas of

environmental responsibility, and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 29

j. storm water discharges for activities subject to the

jurisdictional areas of environmental responsibility

of the Department.

2. In addition to the jurisdictional areas of environmental

responsibility specified in subsection B of this section, the

Department of Environmental Quality shall have environmental

jurisdiction over:

a. (1) commercial manufacturers of fertilizers, grain

and feed products, and chemicals, and over

manufacturing of food and kindred products,

tobacco, paper, lumber, wood, textile mill and

other agricultural products,

(2) slaughterhouses, but not including feedlots at

these facilities, and
of this section, the

Department of Environmental Quality shall have environmental

jurisdiction over:

a. (1) commercial manufacturers of fertilizers, grain

and feed products, and chemicals, and over

manufacturing of food and kindred products,

tobacco, paper, lumber, wood, textile mill and

other agricultural products,

(2) slaughterhouses, but not including feedlots at

these facilities, and

(3) aquaculture and fish hatcheries,

including, but not limited to, discharges of

pollutants and storm water to waters of the state,

surface impoundments and land application of wastes

and sludge, and other pollution originating at these

facilities, and

b. facilities which store grain, feed, seed, fertilizer,

and agricultural chemicals that are required by

federal NPDES regulations to obtain a permit for storm

water discharges shall only be subject to the

jurisdiction of the Department of Environmental

Quality with respect to such storm water discharges.

E. Corporation Commission.

1. The Corporation Commission is hereby vested with exclusive

jurisdiction, power and authority, and it shall be its duty to

promulgate and enforce rules, and issue and enforce orders governing

and regulating:

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,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 30

f. underground injection control pursuant to the federal

Safe Drinking Water Act and 40 CFR Parts 144 through

148, of:

(1) Class II injection wells,

(2) Class V injection wells utilized in the

remediation of groundwater associated with

underground or aboveground storage tanks

regulated by the Commission,

(3) those wells used for the recovery, injection or

disposal of mineral brines as defined in the

Oklahoma Brine Development Act, and

(4) any aspect of any CO sequestration facility,

2

including any associated CO injection well, over

2

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,

(2) refinery,

(3) reclaiming facility other than for those

specified within subparagraph e of this

subsection,

(4) mineral brine processing plant, and
il, 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,

(2) refinery,

(3) reclaiming facility other than for those

specified within subparagraph e of this

subsection,

(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

paragraphs 1 and 2 of this subsection as being

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 31

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 paragraph 1 of

this subsection or associated with other oil and gas

extraction facilities and activities,

k. subsurface storage of oil, natural gas and liquefied

petroleum gas in geologic strata,

l. groundwater protection for activities subject to the

jurisdictional areas of environmental responsibility

of the Commission,

m. utilization and enforcement of Oklahoma Water Quality

Standards and implementation documents, and

n. development and promulgation of a Water Quality

Standards Implementation Plan pursuant to Section 1-1-

202 of this title for its jurisdictional areas of

environmental responsibility.

2. The exclusive jurisdiction, power and authority of the

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. The Commission and the Department of Environmental Quality

are hereby authorized to obtain authorization from the Environmental

Protection Agency to administer, within their respective

jurisdictions, any and all programs regulating oil and gas

discharges into the waters of this state. For purposes of the

federal Clean Water Act, any facility or activity which is subject

to the jurisdiction of the Commission pursuant to paragraph 1 of

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 and permitting authority of the Oklahoma agency

having received delegation of this program from the Environmental

Protection Agency.

5. The Commission shall have jurisdiction over:

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 32

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 the 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
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 the 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, the Oklahoma Petroleum Storage

Tank Release Indemnity 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 solid or hazardous 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 equipment and products related to oil

and gas,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 33

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 Commission or the 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.

F. Oklahoma Conservation Commission. The Oklahoma Conservation

Commission shall have the following jurisdictional areas of

environmental responsibility:

1. Soil conservation, erosion control and nonpoint source

management except as otherwise provided by law;

2. Monitoring, evaluation and assessment of waters to determine

the condition of streams and rivers being impacted by nonpoint

source pollution. In carrying out this area of responsibility, the

Oklahoma Conservation Commission shall serve as the technical lead

agency for nonpoint source categories as defined in Section 319 of

the federal Clean Water Act or other subsequent federal or state

nonpoint source programs, except for activities related to

industrial and municipal storm water or as otherwise provided by

state law;

3. Wetlands strategy;

4. Abandoned mine reclamation;

5. Cost-share program for land use activities;

6. Assessment and conservation plan development and

implementation in watersheds of clean lakes, as specified by law;
ct or other subsequent federal or state

nonpoint source programs, except for activities related to

industrial and municipal storm water or as otherwise provided by

state law;

3. Wetlands strategy;

4. Abandoned mine reclamation;

5. Cost-share program for land use activities;

6. Assessment and conservation plan development and

implementation in watersheds of clean lakes, as specified by law;

7. Complaint data management;

8. Coordination of environmental and natural resources

education;

9. Federal upstream flood control program;

10. Groundwater protection for activities subject to the

jurisdictional areas of environmental responsibility of the

Commission;

11. Development and promulgation of a Water Quality Standards

Implementation Plan pursuant to Section 1-1-202 of this title for

its jurisdictional areas of environmental responsibility;

12. Utilization of Oklahoma Water Quality Standards and

Implementation documents; and

13. Verification and certification of carbon sequestration

pursuant to the Oklahoma Carbon Sequestration Enhancement Act. This

responsibility shall not be superseded by the Oklahoma Carbon

Capture and Geologic Sequestration Act.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 34

G. Department of Mines. The Department of Mines shall have the

following jurisdictional areas of environmental responsibility:

1. Mining regulation;

2. Mining reclamation of active mines;

3. Groundwater protection for activities subject to the

jurisdictional areas of environmental responsibility of the

Commission; and

4. Development and promulgation of a Water Quality Standards

Implementation Plan pursuant to Section 1-1-202 of this title for

its jurisdictional areas of responsibility.

H. Department of Wildlife Conservation. The Department of

Wildlife Conservation shall have the following jurisdictional areas

of environmental responsibilities:

1. Investigating wildlife kills;

2. Wildlife protection and seeking wildlife damage claims; and

3. Development and promulgation of a Water Quality Standards

Implementation Plan pursuant to Section 1-1-202 of this title for

its jurisdictional areas of environmental responsibility.

I. Department of Public Safety. The Department of Public

Safety shall have the following jurisdictional areas of

environmental responsibilities:

1. Hazardous waste, substances and material transportation

inspections as authorized by the Hazardous Materials Transportation

Act; and

2. Inspection and audit activities of hazardous waste and

materials carriers and handlers as authorized by the Hazardous

Materials Transportation Act.

J. Department of Labor. The Department of Labor shall have the

following jurisdictional areas of environmental responsibility:

1. Regulation of asbestos in the workplace pursuant to Chapter

11 of Title 40 of the Oklahoma Statutes;

2. Asbestos monitoring in public and private buildings; and

3. Indoor air quality as regulated under the authority of the

Oklahoma Occupational Health and Safety Standards Act, except for

those indoor air quality issues specifically authorized to be

regulated by another agency.

Such programs shall be a function of the Department's

occupational safety and health jurisdiction.

K. Oklahoma Department of Emergency Management. The Oklahoma

Department of Emergency Management shall have the following

jurisdictional areas of environmental responsibilities:

1. Coordination of all emergency resources and activities

relating to threats to citizens' lives and property pursuant to the

Oklahoma Emergency Resources Management Act of 1967;

2. Administer and enforce the planning requirements of Title

III of the Superfund Amendments and Reauthorization Act of 1986 and

develop such other emergency operations plans that will enable the

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 35

state to prepare for, respond to, recover from and mitigate
suant to the

Oklahoma Emergency Resources Management Act of 1967;

2. Administer and enforce the planning requirements of Title

III of the Superfund Amendments and Reauthorization Act of 1986 and

develop such other emergency operations plans that will enable the

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 35

state to prepare for, respond to, recover from and mitigate

potential environmental emergencies and disasters pursuant to the

Oklahoma Hazardous Materials Planning and Notification Act;

3. Administer and conduct periodic exercises of emergency

operations plans provided for in this subsection pursuant to the

Oklahoma Emergency Resources Management Act of 1967;

4. Administer and facilitate hazardous materials training for

state and local emergency planners and first responders pursuant to

the Oklahoma Emergency Resources Management Act of 1967; and

5. Maintain a computerized emergency information system

allowing state and local access to information regarding hazardous

materials' location, quantity and potential threat.