Okla. Stat. tit. 52, § 52-139

Commission and Department of Environmental Quality.

A. The Corporation Commission is vested with exclusive

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

and enforce such rules and orders governing and regulating the

handling, 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 and brine wells within this state as

are reasonable and necessary for the purpose of preventing the

pollution of the surface and subsurface waters in the state, and to

otherwise carry out the purpose of this section and Sections 140,

141, 142, 143, and 144 of this title.

B. 1. Except as otherwise provided by this subsection, 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,

Oklahoma Statutes - Title 52. Oil and Gas Page 101

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. underground injection control pursuant to the federal

Safe Drinking Water Act and 40 C.F.R., Parts 144

through 148, including:

(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 Corporation 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 a CO2 sequestration facility or CO2

storage unit as part of a CO2 sequestration

facility, including associated Class VI CO2

injection wells, pursuant to the Oklahoma Carbon

Capture and Geologic Sequestration Act,

g. tank farms for storage of crude oil and petroleum

products which are located outside the boundaries of

the 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 associated with processing at

or in any:

(1) natural gas liquids extraction plant,

(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

Oklahoma Statutes - Title 52. Oil and Gas Page 102

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
rines, waste oil and other

deleterious substances produced from or obtained or

Oklahoma Statutes - Title 52. Oil and Gas Page 102

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 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 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:

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

Oklahoma Statutes - Title 52. Oil and Gas Page 103

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,

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.

Oklahoma Statutes - Title 52. Oil and Gas Page 104

C. The Corporation Commission shall comply with and enforce the

Oklahoma Water Quality Standards.

D. 1. For the purpose of immediately responding to emergency

situations having potentially critical environmental or public

safety impact and resulting from activities within its jurisdiction,

the Commission may take whatever necessary action, without notice

and hearing, including the expenditure of monies from the

Corporation Commission Revolving Fund, to promptly respond to the

emergency. Such emergency expenditure shall be made pursuant to the

provisions of the Oklahoma Central Purchasing Act, upon such terms

and conditions established by the Office of Management and

Enterprise Services to accomplish the purposes of this section.

Thereafter, the Commission shall seek reimbursement from the

responsible person, firm or corporation for all expenditures made

from the Corporation Commission Revolving Fund. Any monies received

as reimbursement shall be deposited to the credit of the Corporation

Commission Revolving Fund.

2. The Commission shall not expend from any fund in the State

Treasury, in any fiscal year, for the purposes herein provided, an

amount of money in excess of the total sum specifically authorized

annually by the Legislature for such purposes. Any monies received

by the Commission through execution on any required surety shall not

be subject to such limitation on expenditure for remedial action.

3. Neither the Commission nor any independent contractor of the

Commission authorized to conduct remedial action under this section

shall be held liable or responsible for any damages resulting from

non-negligent actions reasonably necessary for conducting remedial

work. Nothing in this section shall limit the authority of the

Commission or relieve any person or persons otherwise legally

responsible from any obligation to prevent or remediate pollution.