REGULAR MEETING AGENDA DEPARTMENT OF ENVIRONMENTAL QUALITY WATER QUALITY MANAGEMENT ADVISORY COUNCIL Please silence all cell phones A Public Meeting: September 24, 2024, at 2:00 pm Department of Environmental Quality Location: Multi-Purpose Room, 1st Floor DEQ Building 707 N. Robinson Oklahoma City, Oklahoma 1. CALL TO ORDER – Brian Duzan 2. ROLL CALL – Quiana Fields 3. MESSAGE FROM EXECUTIVE DIRECTOR – Rob Singletary 4. APPROVAL OF MINUTES FROM THE APRIL 30, 2024, MEETING 5. COUNCIL MEETING SCHEDULE FOR CALENDAR YEAR 2025 Discuss and vote on dates, times, and locations of the Water Quality Management Advisory Council (“WQMAC”) meetings for the 2025 calendar year. Staff recommends meetings be held in DEQ’s 1st Floor Multi-Purpose Room at DEQ’s Oklahoma City office which is located at 707 N. Robinson, Oklahoma City, OK 73102. Based on the Environmental Quality Board (“EQB”) schedule and expected rulemaking efforts, staff recommends the following meeting dates and times: • Tuesday, January 7, 2025, at 2:00 p.m. • Tuesday, April 22, 2025, at 2:00 p.m. • Tuesday, July 22, 2025, at 2:00 p.m. • Tuesday, September 23, 2025, at 2:00 p.m. • Tuesday, December 2, 2025, at 2:00 p.m. 6. DISCUSSION OF PERMANENT RULEMAKING FOR THE JANUARY 2025 WQMAC MEETING A. OAC 252:305 “LABORATORY SERVICES” DEQ staff will be proposing to revoke OAC 252:305 and replace it with a new chapter, OAC 252:306. The proposed new chapter will: (1) include content changes for consistency with other department rules; (2) update information currently in Chapter 305; (3) better define the services provided by SELS; and, (4) allow adaptability for future laboratory services updates without requiring annual rulemaking. A. Presentation – Susan Mensik B. Discussion by the Council C. Discussion by the Public B. OAC 252:606 “OKLAHOMA POLLUTANT DISCHARGE ELIMINATION SYSTEM (OPDES) STANDARDS” DEQ will be proposing an update of the federal rules incorporated by reference from July 12, 2023, to July 8, 2024. The first regulatory change was the Clean Water Act Section 401 Water Quality Certification Improvement Rule that became effective November 27, 2023. The purpose of the final rule was to provide stakeholders with a clear and consistent certification process while ensuring protection of vital state, territory, and Tribal water resources. The second regulatory change, effective on June 17, 2024, consisted of EPA finalizing changes to its test procedures required to be used by industries and municipalities when analyzing the chemical, physical, and biological properties of wastewater and other samples for reporting under the EPA's National Pollutant Discharge Elimination System permit program. This provides timelier access to new measurement techniques and greater flexibility in the selection of analytical methods, thereby reducing monitoring costs while maintaining public health protection. A third regulatory change was the Steam Electric Power Generating Effluent Guidelines final rule which became effective July 8, 2024. This rule revises the technology-based effluent limitation guidelines and standards for the steam electric power generating point source category applicable to flue gas desulfurization (FGD) wastewater, bottom ash transport water, legacy wastewater at existing sources, and combustion residual leachate at new and existing sources. Lastly, EPA designated two per- and polyfluoroalkyl substances —perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”), including their salts and structural isomers, as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). As a result of designation, CERCLA and EPCRA reporting requirements apply to releases of PFOA or PFOS or their salts and structural isomers. This rule became effective July 8, 2024. A. Presentation – Brian Clagg B. Discussion by the Council C. Discussion by the Public C. OAC 252:631 – “PUBLIC WATER SUPPLY OPERATION” DEQ staff will be proposing to: (1) update the rule concerning the date of incorporation by reference of certain federal regulations from August 17, 2022, to July 1, 2024, or possibly a later date pending expected regulatory action by EPA regarding the Lead and Copper Rule Improvements (LCRI); (2) correct a grammatical error; (3) remove references to Fecal Coliform and replace, where appropriate, with E. coli; (4) update laboratory emergency notification requirements to match Tier 1 public notice (PN) requirements in the C.F.R.; (5) update validation of data requirements for sampling procedures to match the intent of the C.F.R.; (6) update Consumer Confidence Reports (CCR) delivery requirements to match the CCR requirements in the C.F.R.; (7) remove total chlorine residual testing requirements for systems that use free chlorine; and (8) update public water supply (PWS) immediate notification requirements to match Tier 1 PN requirements in the C.F.R. and to account for physical and cybersecurity concerns. A. Presentation – Brian Clagg B. Discussion by the Council C. Discussion by the Public D. OAC 252:710 – “WATERWORKS AND WASTEWATER WORKS OPERATOR CERTIFICATION” DEQ Staff is proposing updates to this rule. The proposed updates (1) correct grammatical errors; (2) clarify that operator experience means licensed experience; (3) allow approval of virtual classes that are less than 4 hours; (4) require attendance records to be submitted in a DEQ-approved format; (5) cite military exception statute for renewals; (6) rename registered helper to non-certified helper; (7) change CPI from every five years to annually; (8) allow DEQ to determine if a Non-community and minor systems need an operator; (9) clarify approved equivalents; and, (10) fixes footnotes in Appendices A & B. A. Presentation – Brian Clagg B. Discussion by the Council C. Discussion by the Public 7. DIRECTOR’S REPORT – Shellie R. Chard 8. NEW BUSINESS Only those matters not known about and which could not have been reasonably foreseen at the time of the posting of this agenda shall be discussed at this time. 9. ANNOUNCEMENTS Next Scheduled Meeting 10. ADJOURNMENT Should you have a disability and need an accommodation, please notify Brian Clagg of the DEQ three days in advance at (405) 702-8118.