Okla. Admin. Code § 252:606-1-2

Current through Vol. 42, No. 8, January 2, 2025
Section 252:606-1-2 - Definitions

In addition to terms defined in Title 27A of the Oklahoma Statutes, the following words or terms, when used in this Chapter, have the following meaning unless the context clearly indicates otherwise:

"Accredited laboratory" means a laboratory accredited through DEQ laboratory accreditation program.

"Acute WET testing" means WET testing which measures short-term lethality to a specific aquatic animal test species as specified in OAC 252:606-6-29.

"Arithmetic mean" means the sum of the values of individual data points in a data set divided by the number of data points. This term is synonymous with arithmetic average.

"Background concentration" means the concentration of a substance in receiving water immediately upstream of, but not influenced by, a wastewater discharge.

"Beneficial use" means the use of biosolids or wastewater through land application for the purpose of soil conditioning, or crop or vegetative fertilization, or erosion control, or the use of wastewater for dust suppression where fugitive dust control would otherwise be an air quality problem, in a manner which does not pollute or tend to pollute the waters of the State of Oklahoma, the environment or pose a risk to human health.

"Best professional judgment" or "BPJ" means the technical opinion developed by a permit drafter after consideration of all reasonably available and pertinent data or information which forms the basis for the terms and conditions of a discharge permit, and the use of sound engineering analysis of the industry, the nature and quantity of potential pollutants which may be produced and of the proposed treatment plant.

"Biosolids" means primarily organically treated wastewater materials from municipal wastewater treatment plants that are suitable for recycling as amendments. This term is within the meaning of "sludge" referenced in 27A O.S. § 2-6101(11). Biosolids are divided into the following classes:

(A) Class A Biosolid meets the pathogen reduction requirements of 40 CFR § 503.32 (a);
(B) Class B Biosolid meets the pathogen reduction requirements of 40 CFR § 503.32 (b).

"CAFO" means Concentrated Animal Feeding Operation.

"Chronic WET testing" means WET testing which measures long term lethal and sublethal effects to a specific aquatic animal test species as specified in OAC 252:606-6-29.

"Coefficient of variation" or "CV" means, when used in the context of effluent data, the measure of an effluent distribution's variation relative to its mean. When used in the context of WET test acceptability, CV means the % variation among test replicates in either the control or the critical dilution.

"Compliance Testing" means any chemical, physical or bacteriological tests conducted in accordance with permit requirements.

"Control tests" means any chemical, physical or bacteriological tests, including visual observations, performed to aid in operational decisions and to control wastewater treatment system performance.

"CPP" means the Continuing Planning Process document, which describes present and planned water quality management programs and the strategy used by the State in conducting these programs.

"Critical dilution" means an effluent dilution, expressed as a percentage, representative of the dilution afforded a wastewater discharge according to the appropriate Q*-dependent chronic mixing zone equation for chronic WET testing. The critical dilution for acute WET testing is 100%.

"CWA" means the Clean Water Act and amendments thereto.

"Defensible analytical data" means data traceable to a laboratory certified for that pollutant by DEQ under OAC 252:301 or data accepted by EPA; data traceable to a municipal laboratory operated by a properly certified laboratory technician by OAC 252:710; or data generated by a state or federal agency laboratory with equivalent certification.

Quality assurance procedures, including chain of custody records, shall be adequate and documentable. Quality control data required in the analytical method shall be available from the laboratory upon request.

"DEQ" means the Oklahoma Department of Environmental Quality.

"Detectable concentration" means a concentration greater than zero (0) using a ninety-nine percent (99%) probability basis.

"Dilution series" means a set of proportional effluent dilutions for acute or chronic WET testing based on a specified critical dilution, which is typically the next-to-highest dilution in the series.

"Discharge point" means the point at which pollutants, wastewater or stormwater enters waters of the state or become waters of the state.

"DMR" means "Discharge Monitoring Report".

"EPA" means the United States Environmental Protection Agency.

"Fish and Wildlife Propagation" means the WQS beneficial use designation for promoting fish and wildlife propagation for the fishery classifications of HLAC, WWAC, CWAC, and Trout Fishery (Put and Take).

"Fish Consumption" means the WQS beneficial use designation for the protection of human health for the consumption of fish flesh.

"Generator" or "operator" means authorized person under whose ownership or management authority, biosolids are used or disposed.

"Geometric mean" means the antilog of the arithmetic average of the natural logarithms of the individual points in a data set.

"Impoundment" or "Surface impoundment" have the same meaning used in OAC 252:616-1-2.

"Industrial user" means "industrial users subject to categorical pretreatment standards" and "significant industrial users" as those terms are used in 40 CFR, Part 403.

"Intermittent toxicity" means two or more lethal or sublethal effect test failures of a routine acute or chronic WET test within any 18-month period.

"Land application" means the application of biosolids onto a land surface; injection below land surface; or spreading biosolids onto land surface followed by incorporation into the soil. Land application does not include the disposal of biosolids in a municipal solid waste landfill permitted by DEQ, or the use of Class A biosolids whose production is permitted by DEQ.

"LC50 (lethal concentration)" means the concentration of a toxicant in an external medium that is lethal to fifty percent of the test animals for a specified period of exposure.

"Life of the permit" means a specific time frame from the date of the issuance of a permit until a new or renewed permit is issued.

"Listed metal" means those metals listed in Tables I, II, and III of 40 CFR, Part 503.13.

"Loading rate" means the amount (concentration or mass) of constituents or parameters applied to a unit area per application.

"Log-normally distributed" means a distribution of effluent data which is positively skewed.

"Log transformation" means the mathematical transformation of an observed data set which results in a data set consisting of the natural logarithms of the individual data points in the observed data set.

"Major discharger" means an industrial facility which has a point rating greater than or equal to 80 according to the NPDES permit rating system for industrial discharges; a POTW with a design flow greater than or equal to 1.0 MGD; or any facility designated as such by EPA in conjunction with the state permitting authority.

"Measurable level" means a detectable concentration for which the analytical signal to noise ratio is significantly high to report a reliable single number. The measurable level corresponds to the lowest point at which the analytical calibration curve is determined based on analyses for the pollutant of concern.

"Mineral constituents" means chlorides, sulfates and total dissolved solids collectively.

"Municipal" means a publicly owned treatment works or facilities which are privately owned that generate only domestic waste including mobile home parks, homeowner's associations, etc.

"Narrative water quality criterion" means a statement or other qualitative expressions of chemical, physical, or biological parameters that is assigned to protect a beneficial use.

"No Observed Effect Concentration-Lethal" or "NOECL" means the greatest tested effluent dilution in a WET test at and below which lethality to test organisms does not occur that is statistically different from the control (0% effluent) at the 95% confidence level.

"No Observed Effect Concentration-Sublethal" or "NOECS" means the greatest tested effluent dilution in a WET test at and below which a sublethal effect to test organisms does not occur that is statistically different from the control (0% effluent) at the 95% confidence level.

"NRCS" means Natural Resources Conservation Service.

"Numerical water quality criterion" means a concentration or other quantitative measures of a chemical, physical, or biological parameters that is assigned to protect a beneficial use.

"OAC" means Oklahoma Administrative Code.

"Oklahoma Water Quality Standards" or "WQS" means the DEQ rules (OAC 252:730) which classify waters of the state, designate beneficial uses for which the various waters of the state must be maintained and protected, and prescribe the water quality required to sustain designated uses.

"Once-through cooling water" means cooling water that is not recirculated.

"OPDES" means Oklahoma Pollutant Discharge Elimination System (see also NPDES).

"OPDES Act" means the Oklahoma Pollutant Discharge Elimination System Act.

"OPDES Permit" means a permit issued pursuant to the OPDES Act.

"O.S." means Oklahoma Statutes.

"Operating records and reports" means the daily record of data connected with the operation of the system compiled in a monthly report on forms approved by DEQ.

"Period of Record" means a continuous period for which a facility's effluent data is reviewed for the purposes of characterizing the effluent.

"Permit cycle" means the life of a permit from the date of issuance to the date of expiration as specifically stated on a permit, unless the expiration of the permit is extended by operation of statute, rule or agreement of the permittee and DEQ.

"Persistent toxicity" means the repeated failure of an acute or chronic WET test. If the required WET testing frequency is monthly, repeated failure occurs upon the failure of two of the three consecutive monthly tests for the same test species. If the required WET testing frequency is other than monthly, repeated failure occurs upon the failure of the required test plus one of the two monthly retests for the same test species in the ensuing two-month period.

"Point Source" means any discernible, confined and discrete conveyance or outlet, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or vessel or other floating craft, from which pollutants are or may be discharged into waters of the state. The term "point source" shall not include agricultural stormwater runoff and return flows from irrigated agriculture.

"Positively skewed" means a data distribution which is asymmetric about its arithmetic mean with a tail in the positive direction.

"POTW" means publicly owned treatment works.

"Reasonable potential" means causes, or has a reasonable potential to cause, or contribute to an exceedance of a water quality criterion.

"Receiving water" means the water of the state to which a wastewater is discharged.

"Regulatory effluent flow" means the effluent flow, which is water quality criterion-dependent, used in determining reasonable potential and wasteload allocations for a substance.

"Robust Regression on Order Statistics" or "Robust ROS" means a statistical method that computes a regression line to estimate values for non-detect data and combines these estimates with detected observations to compute sample statistics.

"RPF95" means the reasonable potential factor for an effluent distribution, based on a 95% probability basis, for the purpose of determining whether an effluent limitation is required.

"RPF95(M)" means the reasonable potential factor for an effluent distribution, based on a 95% confidence interval and 95% probability basis, and accounting for the size of the effluent data set, for the purpose of determining whether further effluent monitoring is required.

"Standard deviation" or "sx" means the standard deviation of an untransformed data set based on a sample of size N.

"Standard deviation of log-transformed x" or "sln(x)" means the standard deviation of a log-normally transformed data set based on a sample of size N.

"Sublethal test failure" means the statistically significant difference (at the 95% confidence level) between reproduction or growth of the test organism at or below the chronic critical dilution after completion of an EPA approved chronic test method.

"TDS" means total dissolved solids.

"Trigger Background concentration" means the background concentration necessary to trigger reasonable potential for a substance to exceed an applicable criterion given a specified mean effluent concentration.

"USC" means United States Code.

"Wasteload allocation" or "WLA" means the portion of a receiving water's that is allocated to one of its existing or future point sources of pollution.

"WET limit" means a WET testing limitation in the form of a NOECL, NOECS, or LC50, the exceedance of which constitutes a permit violation.

"WET testing" means testing for whole effluent toxicity:

(A) using an effluent dilution series based on a critical dilution,
(B) with a specific aquatic animal species, and
(C) utilizing EPA-approved testing methods.

Okla. Admin. Code § 252:606-1-2

Added at 21 Ok Reg 1584, eff 6-11-04; Amended at 26 Ok Reg 1901, eff 7-1-09; Amended at 28 Ok Reg 1231, eff 7-1-11
Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 9/15/2015
Amended by Oklahoma Register, Volume 40, Issue 6, December 1, 2022, eff. 10/25/2022
Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/15/2023
Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/15/2024