Okla. Admin. Code § 252:606-6-42

Current through Vol. 42, No. 8, January 2, 2025

Section 252:606-6-42 - WET testing frequency reductions after WET testing trial period

Permittees may request reduction of the WET testing frequency for the remaining term of the permit depending on the results of WET testing during the WET testing trial period. Any reduction will be considered on a test species-specific basis. To qualify for a WET testing frequency reduction, the permittee shall certify that tests submitted in fulfillment of its WET testing requirements during the WET testing trial period meet all test acceptability criteria set forth in OAC 252:6066-38 and EPA WET test method documents. In addition, the following apply:

(1) WET testing established in permit. Reductions in WET testing frequency are not allowed during the first five years of the applicability of WET testing. DEQ may consider a reduced testing frequency when the permit is renewed, and after completion of a trial period.

(2) No test failure for a species during WET testing trial period. DEQ may reduce the testing frequency for a species to not less than once per six months. If the monitoring frequency reduction is denied, the permittee shall continue WET testing at a frequency of once per quarter for the affected species for the remaining life of the permit.

(A) To be eligible, the permittee shall:

(i) demonstrate no lethal or sublethal test failures for the applicable test species during the WET testing trial period; and

(ii) certify in writing to DEQ that it has fulfilled the test acceptability requirements set forth in OAC 252:606-6-38;

(B) DEQ will either approve or deny the certification in writing within 90 days of receipt. DEQ may deny the certification based on facility specific criteria if it finds that any of the permittee's WET test reports during the period for which certification is submitted:

(i) are substantively incomplete;

(ii) are in error regarding test acceptability criteria or statistical interpretation of results; or

(iii) were not received by DEQ by the due date prescribed in the permit.

(3) Test failure for a species demonstrated during the WET testing trial period. If a lethal or sublethal test failure is demonstrated at any time during the WET testing trial period, the permittee shall continue testing at a frequency of once per quarter for the affected species for the remaining life of the permit.

(4) WET limits established in permit. When WET limit is established in a permit frequency reduction is not allowed.

Okla. Admin. Code § 252:606-6-42

Adopted by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/15/2024