WQSIP Elements by Jurisdictional Area

(a) General. The eight required WQSIP elements are presented by jurisdictional area, and in some cases individual program areas within the scope of the jurisdictional area. DEQ's WQSIP will evolve to adapt to future changes in the WQS and WQS implementation criteria. (b) DEQ Jurisdictional Areas. The jurisdictional areas of the Department of Environmental Quality are listed in 27A O.S. §1-3-101(B), 27A O.S. § 2-6-103(B)(2), and 82 O.S. § 1085.30. (c) Water Quality Planning. (1) Compliance with antidegradation requirements and protection of beneficial uses. The antidegradation policy in the WQS prohibits an increase in loading that would impair or further impair an existing use. In addition, the policy prohibits degradation of outstanding resource waters and high-quality waters, even if existing and designated uses would still be attained. Current CPP procedures regarding the 303(d) list, TMDL's, and loading allocations for both point and nonpoint sources of pollution are consistent with these provisions. DEQ may also adopt variances and site-specific criteria as set forth in 27A O.S. § 2-6-103(B). (2) Application of USAP. Although evaluation of beneficial use support is not a water quality planning responsibility, its TMDL function is closely related and is utilized on a continuing basis to identify water bodies where USAP might be utilized to reevaluate a waterbody's beneficial uses. USAP, WQS, and EPA guidance will be considered to set appropriate target end points in the development of TMDLs. (3) Description of programs affecting water quality. The CPP document, developed pursuant to requirements of Section 303(e) of the CWA, provides the basis and guidance for all water quality planning activities at DEQ. Water quality planning staff are responsible for several water quality planning program elements: (A) Developing procedures for planning and implementing water quality management programs in the CPP. (B) Preparing recommendations for the listing and delisting of waterbodies in the 303(d) List. (C) Establishing TMDLs for 303(d)-listed waterbodies and coordinating TMDLs with other state environmental agencies. (4)Technical information and procedures for implementation. Technical information and procedures used in water quality planning activities are included in the CPP. Because it is such a significant element in water quality planning, the TMDL development process is described 47 in detail. Proposed adoption of a TMDL is considered a major change to the state's Water Quality Management Plan. Public participation in TMDL development and adoption shall be conducted in accordance with state requirements and the procedures outlined in the CPP. The TMDL loading allocation process culminates in the allocation of pollutant loads among various point sources, nonpoint sources, natural background sources and a margin of safety (MOS), according to the following equation: TMDL= WLA + LA + MOS. TMDL is loading capacity, the maximum amount of pollutant loading a water body can receive without violating WQS. WLA is wasteload allocation, the portion of a receiving water's loading capacity that is allocated to existing and future point sources. LA is load allocation, the portion of a receiving water's loading capacity that is allocated to existing and future nonpoint sources and to natural background sources. MOS is margin of safety, the prescribed mechanism to account for the uncertainty in determining the amount of pollutant load and its effect on water quality. MOS is typically considered implicitly with conservative assumptions within calculations or models, explicitly during allocation of loads, or both. The major components of TMDL development are assessment of existing conditions, determination of maximum allowable loading, and allocation of loadings. (A) Assessment of Existing Conditions (i) Water Quality. The first step in assessing the current conditions is to gather available data and information on the water body. At a minimum, the water quality data (if available) that was used for listing the water body (re: 303(d) List) should be reviewed. The sufficiency and adequacy of existing data is evaluated and described. DEQ will consider data to be sufficient and adequate when the data accurately characterizes the conditions of the water body, watershed, pollutant, and pollutant sources throughout typical geographic and temporal conditions with reasonable certainty. Some TMDL projects will require additional watershed information relating to particular water quality conditions, as existing data alone may be insufficient to support the analytical needs of TMDL projects. Data on low-flow conditions, storm- flow conditions, and seasonal variations are gathered when appropriate to the situation. Data will be evaluated considering USAP, WQS, and EPA guidance. (ii) Pollutant Load. Before pollutant loads are allocated among sources, the location and types of sources, and the current and projected pollutant load for each source are identified. Current loading and source contributions are established by measuring pollutant loads directly, calculating or estimating loads from water quality and flow data, estimating loads with mathematical models, or using a combination of these methods. Examples of data utilized for pollutant source analysis include: watershed and sub watershed boundaries; hydrologic interaction between surface water and groundwater; locations of stream segments; locations of pollutant sources; types of pollutant sources; anticipated growth of discharges; meteorological/rainfall data and runoff coefficients; land uses and land cover; and, soil types. An inventory is developed of all known factors in the watershed which influence water quality. These factors might include permitted industrial and municipal wastewater discharges, concentrated animal feeding operations (CAFOs), waste application sites, cropland, forestry operations, industrial stormwater runoff, urban runoff, construction activities, and other sources such as natural background. This information will be collected and maintained by sub-watershed where possible to enhance the identification of cause-and-effect relationships. The watershed inventory is compiled from land use data, special 48 investigations, DEQ complaint investigations, DEQ permit databases, surface water monitoring data, input from other agencies, and watershed stakeholder input through an outreach process. (B) Maximum Allowable Loading. A water body's loading capacity is an estimate of the maximum amount of pollutant loading the water body, considering critical conditions (i.e. flow, temperature, etc.), can receive over time without exceeding WQS. Hydrological, biological, chemical, and pollutant fate and transport data are required to calculate a water body's loading capacity. The maximum loading capacities of a waterbody are determined in most cases using a water quality model or models adapted specifically for the waterbody in question. The model used is selected on a case-by-case basis and is based on available resources, the identified pollutant source(s) and the availability of water quality data. (C) Allocation of Loadings. Future growth, spatial and temporal variations in flows and loadings, antibacksliding, antidegradation and pollutant sources and source categories must be considered and incorporated when developing a loading, unless it is demonstrated that one or more of these factors is not relevant to the particular load allocation. (D) Pollution Allocation Strategies. There are three common methods for allocating loads; equal percent removal, equal effluent concentrations, and a hybrid method. Other methods are considered if necessary. (i) Equal Percent Removal. Equal percent removal exists in two forms. In one, the overall removal efficiencies of the sources are set so that they are all equal. In the other, the incremental removal efficiencies beyond the current discharge are equal. (ii) Equal Effluent Concentration. This method is self-evident. It is similar to equal percent removal if influent concentrations at all sources are approximately the same. (iii) Hybrid Method. With this method, the criteria for waste reduction may not be the same from one source to the next. One source may be allowed to operate unchanged while another may be required to provide the entire load reduction. More generally, however, a proportionality rule may be assigned that requires the percent removal to be proportional to the input source loading or flow rate. (iv) Other Methods. Any other method contained in EPA guidance. DEQ shall approve the use of the method on a case-by-case basis. (E) Pollutant Trading. Where appropriate and technically feasible, tradeoffs among wasteload allocations are considered. Technological feasibility, economic issues, and regulatory authority are evaluated when trading allocations. Pollutant trades are acceptable so long as WQS (including antidegradation regulations and policies) and minimum applicable technology-based controls are met. (F) Margin of Safety. The margin of safety (MOS) is the prescribed mechanism to account for the uncertainty associated with TMDL projects. Guidelines for appropriate margins of safety are included in the CPP. The MOS can be included in more than one of the TMDL analytical steps. To represent the MOS, conservative assumptions should be used in completing one or more of the following steps: (i) derivation of numeric water quality targets; (ii) determination of pollutant sources; (iii) representation of pollutant fate and transport relationships; and (iv) determination of the degree of pollutant reduction achievable through management measures and control actions 49 (5) Integration of WQSIP into water quality management activities. DEQ administrative rules and WQD policies are currently in place which integrate the requirements of the WQSIP into water quality planning. Should WQSIP revisions be necessary in future years, rule changes and policy changes will be made to address and incorporate such requirements. (6) Compliance with mandated statewide water quality requirements. TMDL activities comply with the procedures established in the CPP. Coordination of TMDL activities among state agencies is the primary responsibility of the TMDL Work Group, which is chaired by DEQ and includes the state environmental agencies with water quality responsibilities. (7) Public and interagency participation. DEQ regularly collects and will collect a summary of comments and will provide responses thereto relating to promulgation of DEQ’s WQSIP. (8) Evaluation of effectiveness of agency activities. The 303(d) listing/delisting process, which in turn utilizes USAP, will be used to evaluate the effectiveness of all DEQ programs related to surface water quality. (c) Point Source Discharges - OPDES Permitting. The primary mechanism for controlling pollution from point source discharges to waters of the state is through the OPDES permitting, compliance monitoring and enforcement processes. OPDES permits include such effluent limitations as are necessary to protect water quality and existing and designated beneficial uses of the receiving water(s). (1) Compliance with antidegradation requirements and protection of beneficial uses. (A) General. The WQS provides a tiered antidegradation policy designating levels of protection. An OPDES permit and the pollutant limitations therein must, at a minimum, serve to protect the existing and designated beneficial uses of the receiving surface water, thereby affording it protection from degradation at the most basic level (Tier 1). In those cases where existing or proposed discharges are to a designated HQW, SWS, or to waters of ecological and/or recreational significance or endangered/threatened species habitat (OAC 252:740, Appendix B waters), a higher degree of protection from degradation (Tier 2) must be afforded the waterbody. In no case will any discharge be permitted which would, if it occurred, lower existing water quality in an SWS or HQW, regardless of the date of its original existence. A designated Scenic River and/or Outstanding Resource Water (ORW) and their watersheds must be afforded the highest degree of protection (Tier 3), which may even involve denial of a permit to discharge or denial of an increased pollutant loading in the discharge, depending on whether the discharge existed on or prior to June 11, 1989 (non-stormwater), or June 25, 1992 (stormwater). (B) Fact Sheet/Statement of Basis. An OPDES permit's Fact Sheet/Statement of Basis must address how permit limitations are developed, which in turn assures compliance with the WQS and WQS implementation criteria for protecting existing and designated beneficial uses. To ensure that compliance with antidegradation requirements is addressed in an individual OPDES permit, the permit's Fact Sheet or Statement of Basis shall specifically describe the antidegradation level applicable to the receiving water and any permitting considerations necessary to afford that level of protection. In cases where permit issuance is denied based on Tier 2 or Tier 3 antidegradation criteria, the statement of basis for the permit denial shall so state. Authorizations issued under a General Permit do not require separate fact sheets. As General Permits expire and are reissued, the associated fact sheets will incorporate a discussion of antidegradation requirements and protection of beneficial uses. 50 (2) Application of USAP. The making of beneficial use support/impairment determinations for surface waters is not a component of this program area, but such determinations of beneficial use support or impairment may directly affect the OPDES permitting process in terms of the level of pollutant control technology that may need to be employed for discharges to an impaired waterbody and compliance with the anti-backsliding provisions in Section 402(o) of the CWA. This becomes particularly important when a facility's effluent contains the pollutant(s) causing or contributing to the impairment of a waterbody. For this reason, OPDES permitting procedures will include a review of the 303(d) list and available USAP data applicable to the receiving water. (3) Description of programs affecting water quality. (A) Direct discharges. Municipal POTWs and industrial facilities under DEQ jurisdiction which discharge process wastewaters directly to waters of the state are required to obtain OPDES permits from the Department. Included are discharge authorizations under a General Permit for those facility classes for which general permits have been developed, discharges from water treatment plant wastewaters (OAC 252:631, Subchapter 1), and discharges generated by groundwater remediation activities (OAC 252:611, Subchapter 5). These OPDES permits limit the concentration and loading of specified pollutants in such discharges and require periodic self-monitoring and reporting of levels of the limited pollutants in the facility's discharge(s). Numeric limitations result from the application of the more stringent of technology or water quality-based criteria. OPDES permits may include narrative limitations, effluent or receiving water background monitoring, schedules of compliance and such other special conditions as may be necessary to prevent, control or abate pollution. (B) Indirect discharges. OPDES permits may also take the form of individual IU permits for industrial facilities which discharge to a non-pretreatment program POTW. (4) Technical information and procedures for implementation. (A) Permitting procedures. OPDES permit limitations are developed using the more stringent of technology-based limitations (secondary treatment standards for municipal POTWs and industrial category-specific ELGs for industries) or water quality-based limitations derived utilizing the WQS and WQS implementation criteria in OAC 252:740 and OAC 252:690, Subchapter 3. Where technology-based limitations for conventional pollutants are not sufficient to maintain WQS-prescribed criteria a WLA is developed, approved by EPA Region 6, and publicly noticed. Where technology-based limitations for conventional pollutants are not sufficient to maintain WQS-prescribed DO criteria for fish and wildlife propagation, a DO-based WLA for oxygen demanding substances (ammonia plus either BOD5 or CBOD5) and DO is generated, approved by EPA Region 6, and publicly noticed. DO-based monthly average ammonia limits, as well as technology-based ammonia limits for certain categories of industries, are compared against the toxicity-based monthly average ammonia limit derived from the 6 mg/l chronic screening value for ammonia at the edge of the chronic mixing zone. Where the toxicity-based ammonia limit is more stringent than either a DO-based limit or a technology-based limit, the toxicity- based limit is established in the permit. Where a DO-based ammonia limit applies for a portion of the year, but not the entire year, a toxicity-based limit applies during the season for which the DO-based WLA is silent. For pollutants with numerical criteria in the WQS, water quality-based permit limitations are required where a measurable pollutant in an effluent exhibits reasonable potential. WLAs and criterion LTAs are calculated, and permit 51 limits are developed from the criterion LTAs. The most stringent monthly average limit and its associated daily maximum limit are established in the permit. Where reasonable potential is exhibited to exceed an NRWQC human health/fish consumption criterion in the absence of a promulgated state criterion, effluent monitoring, rather than a limitation, is required and OWRB is notified so that they may consider the need for a water quality criterion. Permit limits are developed in accordance with OAC 252:690, Subchapter 3. Where an industrial technology-based limitation applies to a pollutant and reasonable potential is not exhibited for the effluent to exceed an applicable water quality criterion for that pollutant, the technology-based limitation is itself screened to determine whether it would, if the pollutant were present in the effluent at a concentration equal to the technology standard's monthly average limit, exhibit reasonable potential. If so, a water quality-based permit limitation is required for that pollutant. (B) WQS criteria screening. Because of the complexity of the mathematical and statistical computations necessary to screen for reasonable potential, calculate WLAs and limiting criterion LTAs, and develop permit limits, WQD has developed two spreadsheets for this purpose, one for discharges to streams and the other for discharges to lakes. Together they are referred to by DEQ as OWQScreen. The Permitting Section will utilize, maintain and update OWQScreen, as necessary, to remain current with the WQS and WQS implementation criteria in OAC 252:740 and OAC 252:690, Subchapter 3. Site-specific OWQScreen spreadsheets will be developed on an as-needed basis for receiving waters for which site-specific metals criteria are developed and adopted into the WQS in accordance with OAC 252:730, Appendix E. Should TBLLs be required in DEQ-issued IU permits or in municipally-issued IU permits, OWQScreen also provides the capability to calculate the entire array of (theoretical) water quality-based permit limits for pollutants with numerical criteria in the WQS (i.e., limits that would be established in a given OPDES permit were reasonable potential demonstrated to exceed an applicable water criterion). (C) Effluent and background monitoring. Ten data points are required to properly characterize the standard deviation of an effluent or background data distribution. Often there are no background data available and only a single effluent data point. Where the use of such limited effluent and background data does not result in reasonable potential for a pollutant, a permit writer must determine whether additional effluent or background monitoring is warranted as a permit condition. A permittee shall monitor monthly for total nitrogen and/or total phosphorus if the discharge is to a nutrient limited watershed as designated in OAC 252:730. Procedures are established at OAC 252:690, Subchapter 3, to objectively and uniformly evaluate where additional monitoring is warranted where less than 10 data points are available. (5) Integration of WQSIP into water quality management activities. Because of the SB 549-mandated reallocation of a major portion of the WQS implementation criteria to the various state environmental agencies, DEQ has promulgated WQS implementation criteria for point source discharges and groundwater protection in OAC 252:690, based on the WQS and the foundational statewide implementation criteria in OAC 252:740. (6) Compliance with mandated statewide water quality requirements. Procedures for the development of individual and general OPDES permits issued to municipal POTWs and industrial facilities utilize and are in compliance with all applicable statewide surface water quality requirements. Compliance with statewide groundwater quality requirements in OPDES permits is described in Part II(q). OPDES permits require that environmental 52 laboratories utilized in fulfilling analytical monitoring requirements be certified by the SEL (see Part II(n)). In the permitting of surface coal mine discharges, WQD must interface with the ODM, since surface coal mine discharge permit limitations and monitoring requirements are tied to the status of the mine (active, Phase I SMCRA bond release awaiting Phase II release, of post-Phase II release). WQD must also interface with Corporation Commission in the permitting of LUST groundwater remediation-related discharges. WQD must receive notification from Corporation Commission when a LUST remediation project is terminated so that the OPDES permit may be terminated. (7) Public and interagency participation. DEQ regularly collects and will collect a summary of comments and will provide responses thereto relating to promulgation of DEQ’s WQSIP. (8) Evaluation of effectiveness of agency activities. For surface waters, BUMP data and beneficial use support/impairment studies utilizing USAP are capable of providing long-term evaluations in selected areas of whether OPDES permitting activities (as well as WQS water quality criteria, WQS implementation criteria and permitting procedures upon which the water quality-based portion of the program is based) adequately protect assigned beneficial uses and maintain or improve water quality on site-specific, segment and basin-wide levels. Where existing and designated beneficial uses are not being met according to Tier 1 antidegradation requirements or where water quality degradation is experienced counter to Tier 2 or Tier 3 antidegradation requirements, the program's point source permitting procedures, as well as the WQS and WQS implementation criteria, may need reexamination. Background pollutant levels, where used in the OPDES permitting process, may be compared against BUMP and USAP data where permit limitations appear not to protect and maintain beneficial uses as intended. The use of unrepresentative background information may over- or under-estimate the assimilation capacity of a receiving water. Likewise, BUMP and USAP procedures may need to be reexamined. (d) Point Source Discharges – Pretreatment (1) Compliance with antidegradation requirements and protection of beneficial uses. Incorporation of the general pretreatment regulations at 40 C.F.R. Part 403 into OPDES permits for POTWs with approved pretreatment programs or POTWs developing such pretreatment programs provides an additional means of compliance with antidegradation requirements and protection of beneficial uses. (2) Application of USAP. The making of beneficial use support/impairment determinations for surface waters is not a component of this program area. (3) Description of programs affecting water quality. IU permits for industrial discharges to POTWs in approved pretreatment program municipalities are issued by the designated municipal control authority. General oversight is provided by DEQ's pretreatment program staff, which has approval authority. Pretreatment program staff reviews pretreatment program submittals, revisions to previously approved pretreatment programs, and pretreatment program annual reports for compliance with the National Pretreatment Regulations found at 40 C.F.R. Part 403. DEQ issues IU permits for industrial discharges to non-pretreatment program POTWs. Inspection and enforcement oversight for both approved pretreatment programs and IU permits for industries discharging to non-pretreatment program POTWs is provided by the WQD Industrial Enforcement Section. (4) Technical information and procedures for implementation. OWQScreen spreadsheets provide the capability to calculate potential effluent limits for TBLLs. Pretreatment program 53 staff will disseminate this information to municipalities with approved pretreatment programs for their use. (5) Integration of WQSIP into water quality management activities. Integration of the WQSIP into water quality management activities is accomplished through the OPDES permitting process. (6) Compliance with mandated statewide water quality requirements. Pretreatment program procedures utilize and are in compliance with all applicable statewide surface water quality requirements. (7) Public and interagency participation. DEQ regularly collects and will collect a summary of comments and will provide responses thereto relating to promulgation of DEQ’s WQSIP. (8) Evaluation of effectiveness of agency activities. The effectiveness of pretreatment program water quality management activities is directly monitored on a statewide basis by Pretreatment Compliance Inspections and Pretreatment Audits of POTW pretreatment programs, as well as through a POTW's compliance with its permit limitations, as tracked by ICIS. (e) Point Source Discharges – Whole Effluent Toxicity (WET) (1) Compliance with antidegradation requirements and protection of beneficial uses. Compliance with antidegradation requirements and protection of beneficial uses is provided through incorporation of WET testing procedures and, if necessary, WET limits into OPDES permits. A narrative toxicity criterion implementation strategy for ammonia was developed cooperatively between DEQ, OWRB and EPA Region 6 permitting staff in November 2000 and was revised in January 2001. (2) Application of USAP. The making of beneficial use support/impairment determinations for surface waters is not a component of this program area. (3) Description of programs affecting water quality. Toxics staff reviews OPDES permit WET testing requirements during the permit drafting process. In addition to reviewing draft permits, the Toxics staff reviews WET testing summary reports submitted by the regulated community in accordance with the conditions of their OPDES permits to ensure that the information input to ICIS via DMRs accurately reflects actual test results and the completion of valid testing. Where persistent lethality has been demonstrated through repeated WET testing, the permittees are required to conduct a TRE. TREs or TIEs may be required for intermittent lethality or persistent sublethality. Permits may also contain provisions for management practices to control toxicity. The Toxics staff reviews TRE/TIE progress, provides general oversight to the TRE/TIE process, and coordinates DEQ involvement regarding corrective actions and related WET or pollutant-specific limitations to be incorporated into affected OPDES permits. (4) Technical information and procedures for implementation. OWQScreen provides the capability to determine the appropriate type of WET test, critical dilution and dilution series for an OPDES permit. Toxics staff, through critical review of submitted WET test reports, will assist permitting staff in determining whether WET limits are necessary and whether performance-based monitoring frequency reductions are warranted. (5) Integration of WQSIP into water quality management activities. Integration of the WQSIP into water quality management activities is accomplished through the OPDES permitting process. (6) Compliance with mandated statewide water quality requirements. The Toxics staff reviews OPDES permit WET testing requirements during the permit drafting process to ensure 54 that appropriate WET testing is prescribed in the permit and is in accordance with the requirements of OAC 252:730 and OAC 252:690, Subchapter 3. (7) Public and interagency participation. DEQ regularly collects and will collect a summary of comments and will provide responses thereto relating to promulgation of DEQ’s WQSIP. (8) Evaluation of effectiveness of agency activities. The effectiveness of biomonitoring permitting procedures, the review of WET testing results and the oversight of TRE/TIE activities is evaluated to a considerable extent through the affected facilities achieving compliance with the WQS narrative toxicity criterion. BUMP and fish community biotrend information may also provide valuable feedback on the effectiveness of biomonitoring activities. (f) Point Source Discharges – Stormwater Management (1) Compliance with antidegradation requirements and protection of beneficial uses. (A) General. In a manner similar to that for individual OPDES permits, requirements for sector-specific industrial facilities, regulated construction sites, and MS4s must protect the existing and designated beneficial uses of the receiving surface water at the Tier 1 level. Tier 2 and Tier 3 levels of protection apply to stormwater discharges as well. Where Tier 3 level protection is necessary (except for stormwater discharges from temporary construction activities), only stormwater discharges existing as of June 25, 1992, may be permitted. In no case will any discharge be permitted which would, if it occurred, lower existing water quality in an SWS or HQW, regardless of the date of its original existence. (B) Storm water construction permit. DEQ has issued a Stormwater Construction Permit, pursuant to 27A O.S. § 2-14-101 et seq., and in accordance with OAC 252:004. The permitting process utilizes a watershed-specific sensitive area identification system for endangered species rather than the more general county-indexed identification system developed by EPA. Applications for a construction stormwater permit for a development site within a sensitive area are scrutinized in greater depth by the USFWS. Stricter erosion control methods and best management practices may be required where Tier 3 level protection is required. (C) Industrial stormwater multi-sector general permit. DEQ has issued a Multi-Sector General Permit for stormwater discharges associated with industrial activities. Where no additional stormwater-related pollutant loading is permitted in a Scenic River watershed, an applicant for an MSGP may either utilize an existing discharge or provide the capability to capture and totally retain all stormwater that enters or is incident upon such property. (D) Small MS4 general permit. DEQ has issued a Final Small MS4 General Permit for small municipal separate storm sewer system discharges. (2) Application of USAP. The making of beneficial use support/impairment determinations for surface waters is not a component of this program area. (3) Description of programs affecting water quality. Regulated construction sites must obtain a Stormwater Construction Permit authorization. Sector-specific industrial facilities under DEQ jurisdiction which discharge stormwater directly to waters of the state are required to obtain an OPDES Industrial MSGP authorization. Stormwater permits may also take the form of individual industrial OPDES permits for facilities discharging to waters of the state directly or via discharge to the stormwater collection system of an MS4 municipality. (4) Technical information and procedures for implementation. Application, authorization and termination procedures, and coverage limitations are specified in the permits. Information provided by the USFWS is utilized in determining where more restrictive conditions are 55 required in stormwater general permits to protect sensitive habitat areas identified by the USFWS. Inspections are conducted when termination of coverage under a stormwater permit is requested in order to verify that the site is stabilized and/or stormwater discharges have ceased. (5) Integration of WQSIP into water quality management activities. The MSGP requires an Annual Site Compliance Evaluation Report to be completed by facility owners, managers or operators. The report will describe reportable spills and stormwater-related events which may have affected surface water or groundwater quality. Changes or amendments to SWP3s or BMP documents will also be documented through this report. This new reporting method replacing the use of reporting stormwater monitoring activities by DMR will require facility owners, managers and/or operators to become directly involved with permit compliance. (6) Compliance with mandated statewide water quality requirements. Stormwater permitting activities utilize and are in compliance with all applicable statewide surface water quality requirements. (7) Public and interagency participation. DEQ regularly collects and will collect a summary of comments and will provide responses thereto relating to promulgation of DEQ’s WQSIP. (8) Evaluation of effectiveness of agency activities. The MSGP requires facility owners, managers and/or operators to become directly involved with permit compliance and will ensure a more effective stormwater management program. Stormwater discharges from certain industrial sectors are subject to numeric effluent limits and monitoring requirements. DMRs submitted by these facilities are evaluated for compliance with effluent limits. Municipalities with an MS4 permit must submit an annual report describing stormwater control activities and improvements. (g) Nonpoint Source Pollution. WQD is responsible for assessment and consideration of loads from nonpoint sources. The effect of nonpoint source pollution is an integral part of TMDLs and basin-wide planning. (1) Compliance with antidegradation requirements and protection of beneficial uses. To the extent possible through site investigations and cooperation with other state agencies, the TMDL process takes into account nonpoint sources of pollution in establishing point source wasteload allocations and nonpoint source load allocations which will comply with antidegradation requirements and protect existing and designated beneficial uses. (2) Application of USAP. Although evaluation of beneficial use support is not a water quality planning staff responsibility, its surface water quality-related programs, particularly the TMDL program, will be utilized on a continuing basis to identify water bodies where USAP might be utilized to reevaluate a waterbody's beneficial uses as affected by nonpoint sources. USAP, WQS, and EPA guidance will be considered to set appropriate target end points in the development of TMDLs. (3) Description of programs affecting water quality. Water quality planning staff are responsible for two water quality planning program elements, both of which involve the need to account for nonpoint sources of pollution: (A) Procedures for planning and implementing water quality management programs in the CPP. (B) Preparing recommendations for the listing and delisting of waterbodies in the 303(d) List, and development of TMDLs. 56 (4) Technical information and procedures for implementation. Technical information and procedures used in water quality planning activities, including accounting for nonpoint sources of pollution, are included in the CPP. (5) Integration of WQSIP into water quality management activities. Federal and state rules and WQD policies are in place that integrate the requirements of the WQSIP into water quality planning. Should WQSIP revisions be necessary in future years, rule changes and/or policy changes will be made to address and incorporate such new requirements. (6) Compliance with mandated statewide water quality requirements. TMDL activities require consideration of nonpoint sources of pollution and must comply with the procedures established in the CPP which involve consideration thereof. Coordination of TMDL activities among state agencies is the primary responsibility of the TMDL Work Group, which is chaired by DEQ and includes the state environmental agencies with water quality responsibilities. (7) Public and interagency participation. DEQ regularly collects and will collect a summary of comments and will provide responses thereto relating to promulgation of DEQ’s WQSIP. (8) Evaluation of effectiveness of agency activities. The 303(d) listing/delisting process, which in turn utilizes USAP, will be used to evaluate the effectiveness of DEQ programs related to nonpoint source aspects of surface water quality. (h) Section 106 Pollution Control Program. This program area is not directly applicable to WQS implementation. (i) Water Quality Protection and Certification. Surface water and groundwater quality protection are described under the various program areas in the Plan. Water quality certification under Section 401 of the CWA is a specific responsibility of WQD. (1) Compliance with antidegradation requirements and protection of beneficial uses. Section 401 water quality certifications are the vehicle that a state uses to ensure that federal permits comply with State antidegredation requirements and existing and designated beneficial uses are not compromised. These water quality certifications are DEQ documents that impose conditions in federal permits or licenses that are specifically intended to ensure attainment of the specific antidegredation requirements and protection of beneficial uses assigned in the WQS. (2) Application of USAP. The making of beneficial use support/impairment determinations for surface waters is not a component of the Section 401 certification process, although beneficial use support/non-support determinations and resulting listing/delisting of waterbodies on the 303(d) List may affect Section 401 certifications. (3) Description of programs affecting water quality. Applicants for a federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, dredge or fill, or other activities which may result in any discharge into, or pollution or alteration of, waters of the state must obtain a Section 401 water quality certification from DEQ. Applications for Section 401 certifications are submitted to DEQ in accordance with OAC 252:611, including mitigation plans when required by the federal permitting entity. (4) Technical information and procedures for implementation. Technical information and procedures used to implement water quality protection are located at OAC 252:611. DEQ maintains a database of all water quality certifications issued to projects on waters of the state. (5) Integration of WQSIP into water quality management activities. Existing Section 401 certification procedures are consistent with the purpose and content of this Plan. (6) Compliance with mandated statewide water quality requirements. Compliance with statewide water quality requirements is an inherent part of the Section 401 certification 57 process. Water quality certification uses permit review, permit conditions, and the expertise of other state agencies to accomplish the task of ensuring compliance with statewide water quality requirements. (7) Public and interagency participation. DEQ regularly collects and will collect a summary of comments and will provide responses thereto relating to promulgation of DEQ’s WQSIP. (8) Evaluation of effectiveness of agency activities. The effectiveness of Section 401 water quality certification can be observed in the attainment and maintenance of existing and designated beneficial uses by the affected facilities or operations. (j) Operator Certification. This program area is not directly applicable to WQS implementation. (k) Land Protection. Several jurisdictional areas (UIC, hazardous waste, solid waste, Superfund, Brownfields and radiation management) are subsumed under Land Protection. (1) Compliance with antidegradation requirements and protection of beneficial uses. All permits and approvals issued by LPD include technical provisions to protect groundwater and/or surface water. Should releases occur, the owner/operator of a regulated facility will be required to take appropriate measures to protect fresh water sources, and conduct remedial actions as necessary. (A) UIC. UIC permits provide a technically sound basis to ensure that injected fluids do not migrate from the permitted zones of injection and compromise the protection of underground sources of drinking water. Financial assurance is required for closure (plugging and abandonment) and post-closure care (groundwater monitoring) is required as applicable. (B) Hazardous waste/solid waste. For all land-based hazardous waste disposal facilities, existing rules require that the owner/operator monitor for releases to groundwater. Surface water is generally only monitored if a release is suspected. Monitoring wells are the usual method of release detection. Plans for closure and post-closure and any appropriate monitoring or remedial actions are required in the permit. Financial assurance is required for closure and post-closure care (maintenance and monitoring). The Solid Waste program issues permits for technically complete applications that ensure protection of groundwater and prevention of surface water contamination from runoff. Financial assurance for post- closure care and monitoring of groundwater are included in Municipal Solid Waste Management permits. (C) Superfund/Brownfields. LPD is charged with Superfund responsibilities of the state under CERCLA except for SARA Title III planning requirements. The Brownfields Redevelopment/Voluntary Cleanup program is included in this jurisdictional area. (D) Radiation management. Radiation protection permitting and licensing requirements ensure that antidegradation requirements are met and protection of beneficial uses of both surface waters and groundwaters are maintained. (2) Application of USAP. The making of beneficial use support/impairment determinations for surface waters is not a component of this program area. However, in voluntary cleanups, use support assessments obtained through the USAP process will be considered in final remedy decision-making during the risk assessment and exposure scenario development. (3) Description of programs affecting water quality. (A) UIC. UIC permits are issued to private and commercial facilities wishing to inject fluids underground for disposal or mineral extraction purposes under OAC 252:652 and 40 C.F.R. Parts 144 through 146 and 148. 58 (B) Hazardous waste/solid waste. Hazardous and solid waste permits are issued to treatment, storage and disposal facilities (TSDs) and municipal and commercial solid waste facilities. The hazardous waste program issues permits for TSDs pursuant to OAC 252:205 and 40 C.F.R. Parts 260 through 270. Solid waste permits are issued under OAC 252:515. Facilities wishing to close solid or hazardous waste management facilities must comply with all the post-closure care and groundwater monitoring requirements of the above-cited regulations. (C) Superfund/Brownfields. This program identifies, investigates, designs, and conducts remediation of uncontrolled hazardous waste sites and conducts groundwater remediation where feasible. The Superfund program acts in a support role to EPA and other state emergency response entities in emergency response actions. This program has a positive effect on water quality by identifying and remediating waste sources that have significant potential to affect water quality, and by containing, monitoring or remediating affected groundwater and surface water. Brownfields authority is found at 27A O.S. §2-15-101 et seq., and Superfund authority is found at 40 C.F.R. Part 300. (D) Radiation management. Licensing activities for the use and management of byproduct material, special nuclear material, and sources of radiation, except for activities pertaining to diagnostic x-ray systems, are controlled by the LPD's Radiation Management Section since completion of delegation of these authorities from the NRC. (4) Technical information and procedures for implementation. (A) UIC. UIC permits specify the conditions under which a UIC well will be permitted. Considerations include zone(s) of injection, rates, pressures, temperatures and annulus monitoring requirements. Monitoring locations, frequencies, parameters and reporting are specified. A detailed closure plan including financial assurance is also required in the permit. (B) Hazardous waste/solid waste. Hazardous waste and solid waste permits specify conditions for facility construction and operation, groundwater monitoring, and reporting specific parameters that indicate releases to groundwater. The location and frequency of monitoring wells are designed to detect releases should they occur. Action levels are specified in the permit. Risk-based remediation would consider protection of aquifers in the decision-making process. Surface water monitoring occurs when potential releases to surface water exist, or when impacted groundwater interfaces with surface water. Closure, post-closure and corrective action plans, as well as financial assurance, are required by the permits. (C) Superfund/Brownfields. Superfund/Brownfields include determinations of ARARs for remedial decision-making or risk-based closure for protection of surface water and groundwater. Groundwater uses will be considered to determine cleanup and remediation decisions. Emergency response actions will also include protection of public water supplies, surface water and groundwater. The remediation of sites in the Superfund/Brownfields program sometimes requires the treatment and discharge of wastewater and/or stormwater. The program coordinates with WQD to identify the appropriate discharge and permitting requirements. These requirements would be evaluated as ARARs in any cleanup decisions. Many sites in these programs have historic groundwater and surface water contamination. Cleanup decisions are risk-based and generally include MCLs or other criteria to protect groundwater or surface water. Antidegradation and beneficial uses are considered for cleanup. Cleanup for some sites 59 may include containment of contaminants to prevent further degradation of groundwater or surface water. A systematic monitoring program may verify natural attenuation of contamination in groundwater. (5) Integration of WQSIP into water quality management activities. The Department currently has rules (both federal and state) and agency policies in place that fully implement applicable portions of the WQS. Departmental rule or policy changes will be made as necessary to implement new or modified aspects of the WQS. (6) Compliance with mandated statewide water quality requirements. Siting of new facilities and regulated units must be permitted in such a manner that sensitive surface water and groundwater supplies are protected. In addition, operators of permitted facilities are required to perform appropriate monitoring so that releases can be detected and contained in a timely manner and corrective action, if necessary, can be implemented to remediate an impacted water body. (7) Public and interagency participation. DEQ regularly collects and will collect a summary of comments and will provide responses thereto relating to promulgation of DEQ’s WQSIP. (8) Evaluation of effectiveness of agency activities. The effectiveness of LPD activities to protect water quality is evaluated by the routine monitoring of permitted facilities for both groundwater and surface water impacts. On-site inspections of permitted facilities and site visits to voluntary cleanup efforts ensure compliance with applicable rules and regulations. In addition, the environmental indicators reporting requirements provide a suitable evaluation methodology for the permitted and voluntary remediation sites within the jurisdiction of LPD. (l) Water and Wastewater Treatment Systems (Non-Industrial). This program area includes the construction permitting of municipal and other publicly-owned water and wastewater treatment systems, including the land application of wastewater and non-industrial sludge (biosolids) therefrom, as well as the approval of private individual and small on-site sewage treatment and disposal systems. (1) Compliance with antidegradation requirements and protection of beneficial uses. There is an inherent presumption that adherence to minimum design and construction standards will achieve the objectives of water quality maintenance and support of existing and designated beneficial uses of surface waters and groundwaters. On occasion, water quality-based considerations associated with the attainment and maintenance of higher quality waters, especially relating to dissolved oxygen depletion in receiving waters, may be established through TMDLs requiring a level of sewage treatment more stringent than "secondary." In such cases, construction permitting procedures will ensure that construction permits issued for such systems provide the required level of treatment. Applications for construction permits are reviewed to ensure that new facilities or modifications to existing facilities are not inconsistent with treatment requirements and size restrictions contained in the Water Quality Management Plan. (2) Application of USAP. The making of beneficial use support/impairment determinations for surface waters is not a component of this program area. (3) Description of programs affecting water quality. Minimum water and wastewater system construction standards and biosolids/water plant residuals reuse and disposal standards are found at OACs 252:606, 252:621, 252:626, 252:631, 252:641 and 252:656. These minimum standards have been demonstrated to achieve water treatment and distribution objectives and sewage collection, treatment and disposal objectives on a widespread geographical basis, including the State of Oklahoma. Construction permit applications and 60 sludge management plan applications are required to contain engineering reports, plans, specifications and sludge management or residuals disposal plans sufficient to demonstrate compliance with these minimum standards for construction or advanced levels of sewage treatment. Local DEQ offices approve the design of private individual and small on-site sewage disposal systems in accordance with OAC 252:641. These systems are inspected and installations are approved by the ECLS Division through its local offices. (4) Technical information and procedures for implementation. Minimum water and wastewater system construction standards and biosolids/water plant residuals reuse and disposal standards are found at OACs 252:606, 252:621, 252:626, 252:631, 252:641 and 252:656. (5) Integration of WQSIP into water quality management activities. DEQ will from time to time revise or amend rules concerning construction standards or operational requirements to better protect the quality of waters of the state. Internal policies and guidelines will also be used to integrate the Plan into water and wastewater treatment system permitting activities. (6) Compliance with mandated statewide water quality requirements. Applicable rules for construction permitting and biosolids/residuals beneficial reuse provide for consideration of and compliance with statewide water quality requirements. (7) Public and interagency participation. DEQ regularly collects and will collect a summary of comments and will provide responses thereto relating to promulgation of DEQ’s WQSIP. (8) Evaluation of effectiveness of agency activities. DEQ will review groundwater and surface water quality information obtained through monitoring activities conducted by DEQ, OWRB, OCC, USGS, and others as well as site-specific information to determine whether groundwater and surface water quality is being impacted. (m) Emergency Response. This program area is not directly applicable to WQS implementation. (n) Environmental Laboratory Services. (1) Compliance with antidegradation requirements and protection of beneficial uses. The SEL provides analytical support for DEQ and other state agency programs that seek to define compliance with antidegradation requirements and protection of beneficial uses. The Fish Community Biotrends monitoring program and the Toxics and Reservoirs program may be used to evaluate long-term trends, both positive and negative, in fish population and toxic contaminant concentrations in fish flesh. (2) Application of USAP. The SEL may play a supporting role for other state agency functions which are charged with USAP-related activities. One of the SEL's most significant contributions to USAP efforts is its Fish Community Biotrends monitoring program. (3) Description of programs affecting water quality. The SEL provides essential support for Section 106 pollution control activities, and data produced by the SEL is used extensively in programs funded under Section 106 for areas within DEQ's jurisdiction. It provides support and review of QA Project Plans for all program areas. Laboratories which report results for compliance with NPDES/OPDES permit requirements are required to hold certification from the SEL's laboratory certification unit. The Fish Community Biotrends monitoring program and the Toxics and Reservoirs program may be used to evaluate effects of both point source and nonpoint source discharges on fish populations and the human health aspects of eating fish flesh. The SEL provides support in developing sampling designs, sample analysis, and data analysis for DEQ monitoring activities as well as for private citizens and other state agencies. The SEL provides analytical support, when needed, for special purpose point source compliance monitoring and evaluation, nonpoint source pollution studies, as well as for the 61 TMDL process. The SEL provides analytical support to WQD for compliance determination, investigations, remediation-related monitoring and other monitoring related to actual or suspected groundwater pollution by water and wastewater treatment facilities, as well as the land application of both municipal and industrial wastewaters and sludges. The SEL provides analytical support to LPD for compliance determination, investigations, remediation-related monitoring and other monitoring related to identification of hazardous substances, hazardous waste and solid waste disposal sites, Superfund and Brownfield sites and residuals from past practices of radioactive waste disposal. The SEL provides analytical support to both LPD and Corporation Commission in the regulation of UIC wells. The SEL also provides analytical support to DEQ and other state environmental agencies for emergency response situations. (4) Technical information and procedures for implementation. The SEL assesses the health of aquatic communities via the formal protocol established in its Fish Community Biotrends monitoring program. It conducts its Toxics and Reservoirs program according to an established sampling and analytical protocol. The SEL is accredited by NELAC. (5) Integration of WQSIP into water quality management activities. The Laboratory Certification Program and the SEL's NELAC certification will ensure that data of known quality and comparability is available for environmental programs. (6) Compliance with mandated statewide water quality requirements. The Toxics and Reservoirs program is administered as a direct implementation of and is in compliance with the toxics in fish tissue criteria found at OAC 252:730. The SEL also provides a Section 106 supporting role for other DEQ functions which have direct responsibilities for implementing the WQS and WQS implementation criteria. (7) Public and interagency participation. DEQ regularly collects and will collect a summary of comments and will provide responses thereto relating to promulgation of DEQ’s WQSIP. (8) Evaluation of effectiveness of agency activities. The effectiveness of SEL-rendered services to other Section 106-funded activities is measured largely through the effectiveness of those individual programs. Evaluation of the effectiveness of interdivisional and interagency cooperation in investigating possible nonpoint sources and evaluating point source dischargers to determine if they cause or contribute to the alert levels of toxics in fish tissue is provided in part by BUMP data and in part by the effectiveness of the individual programs involved. (o) Hazardous Substances, Aspects of DEQ's WQS implementation related to the regulation of hazardous substances is described 252:690-7-2(k). (p) Wellhead and Surface Source Water Protection. This jurisdictional area is subsumed under WQD's source water protection program, which includes both surface waters and groundwaters. (1) Compliance with antidegradation requirements and protection of beneficial uses. The DEQ source water protection program provides for a focus on water quality antidegradation and protection of beneficial uses for both surface waters and groundwaters. (2) Application of USAP. The making of beneficial use support and impairment determinations for surface waters is not a component of this jurisdictional area. (3) Description of programs affecting water quality. DEQ's source water protection program has a surface source water protection program which parallels the concept of the existing EPA-approved wellhead protection program, as well as a continuation of the existing wellhead protection program. The delineation process will follow the same format in identifying three protection zones for both surface sources and groundwater sources. Similar procedures and guidelines are used to encourage local participation and implementation. 62 (4) Technical information and procedures for implementation. The WQD Source Water Protection Plan provides the technical guidance and procedures for implementation of this program. (5) Integration of WQSIP into water quality management activities. Integration of the Plan will be through rules and internal WQD policies and guidelines, as well as coordination with other state and federal agencies. (6) Compliance with mandated statewide water quality requirements. The groundwater portion of the Source Water Protection Plan provides a basis for delineation of special source groundwaters. Coordination with other affected entities is addressed in the Source Water Protection Plan. (7) Public and interagency participation. DEQ regularly collects and will collect a summary of comments and will provide responses thereto relating to promulgation of DEQ’s WQSIP. (8) Evaluation of effectiveness of agency activities. Special monitoring may be initiated if potential sources of contamination of groundwater or surface water are identified. (q) Groundwater Protection. (1) Descriptions of groundwater quality protection procedures in the various DEQ program areas are provided in the subsections dealing with Land Protection, Water and Wastewater Treatment Systems, and Wellhead and Surface Source Water Protection. (2) For those locations identified in OAC 252:730, Appendix H as a limited use groundwater, and there is a request for the use of said groundwater, certain limitations on the extraction and the use of the groundwater apply. (r) Utilization and Enforcement of WQS and WQS Implementation. This subsection describes compliance inspection and enforcement activities of permitted point source dischargers and other wastewater treatment facilities conducted by the local ECLS offices and the WQD Municipal and Industrial Wastewater Enforcement Sections. Utilization of the WQS and WQS implementation by other DEQ program areas is described under the other jurisdictional areas of this Plan. (1) Compliance with antidegradation requirements and protection of beneficial uses. The WQD Municipal and Industrial Wastewater Enforcement Sections ensure that antidegradation requirements and protection of beneficial uses is maintained by performing inspections of and, if necessary, taking enforcement action for significant permit violations against OPDES permit holders. Required inspections, bypass reporting requirements, and procedures for investigating and resolving complaints are directed towards removing threats to water quality, restoration of water quality where beneficial uses are threatened, and maintaining water quality where beneficial uses are supported. Noncompliance with administrative rules and OPDES permits subjects the facility to enforcement action. The WQD Municipal and Industrial Wastewater Enforcement Sections ensure that wastewater treatment systems comply with antidegradation requirements and protect beneficial uses by monitoring such systems and initiating enforcement action against treatment systems that violate OPDES permit conditions. Total retention (non-discharging) lagoon systems are inspected by ECLS to ensure the systems are being properly maintained. Systems that land apply wastewater or sludge are inspected to ensure the systems follow the technical requirements and criteria in their land application permits and/or sludge management plans. Systems which are not properly maintaining and operating their systems based on these inspections are subject to enforcement action. (2) Application of USAP. The making of beneficial use support/impairment determinations for surface waters is not a component of this jurisdictional area. 63 (3) Description of programs affecting water quality. All OPDES permittees are subject to inspections of facilities to ensure that they are being properly operated and maintained. Additionally, permit holders are required to implement a self-monitoring program and submit analytical results to DEQ as required by each facility's OPDES permit. These results are received monthly, logged into the ICIS database, and reviewed to ensure compliance with the OPDES permit. All unpermitted system bypasses are required to be reported in order to track which facilities may be experiencing collection system or treatment facility overloading problems. The WQD Municipal and Industrial Enforcement Sections are an integral part of the environmental complaint process, bearing the responsibility of investigating and carrying out enforcement actions when necessary, often in conjunction with environmental program specialists from ECLS local county offices. ECLS environmental program specialists in the local DEQ offices conduct inspections of all permitted wastewater facilities at a prescribed frequency. When significant violations are identified, notices to comply are issued by the local DEQ office and follow up inspections are conducted within two weeks. If the violation persists, the facility is referred to WQD to initiate formal enforcement procedures. Violations of on-site sewage regulations (OAC 252:641) are identified both through the inspection of system installations and through the investigation of complaints of surfacing or discharging sewage. In both cases, ECLS and WQD have implemented standard enforcement procedures including NOVs, COs and AOs designed to ensure prompt return to compliance by violators. Methods of monitoring systems include inspections, review of bypass reports and review of discharge monitoring reports. Additionally, the environmental complaint process is effective in determining systems which may pose threats to water quality. Systems which do not discharge wastewater are routinely inspected and enforcement action is taken if the system is not properly maintained. All treatment systems are required to comply with their OPDES permit and failure to comply subjects the system to enforcement action. (4) Technical information and procedures for implementation. Facility performance is monitored through inspections, DMRs, bypass reports and the filing of environmental complaints. One or more of these systems may be used to initiate enforcement action against a facility as they may identify a failure of the facility to comply with permit requirements and state or federal regulations. Enforcement actions may include an NOV, CO or AO. Enforcement actions may involve compliance schedules, which are tracked through a database and reviewed monthly to ensure compliance with the tasks required to bring the system into compliance. ECLS has established procedures for facilities found not in compliance with applicable regulations. Typically, when the ECLS environmental program specialist identifies a critical violation, he/she issues the facility a written warning to correct the situation within two weeks. If the facility remains non-compliant after two weeks, the facility is referred to the WQD to initiate formal enforcement action. ECLS has developed a procedure to ensure compliance with on-site sewage regulations. Non-compliance may result from either installation deficiencies found during the construction inspection or from cases of surfacing sewage found during investigations of complaints. In either case, if an NOV and follow-up inspection do not result in the system coming back into compliance, the owner of the system may be subjected to other enforcement actions. (5) Integration of WQSIP into water quality management activities. To the extent integration of the Plan requires DEQ to establish policies of general applicability and future effect, that implement statutory language, or that describe the procedure and practice before DEQ, DEQ will promulgate such policies through the rule making provisions of the 64 Administrative Procedures Act. Rules will be added or amended as appropriate to the various chapters of DEQ's existing rules. (6) Compliance with mandated statewide water quality requirements. The WQD Municipal and Industrial Wastewater Enforcement Sections' water quality management activities comply with applicable statewide water quality requirements by enforcing adherence to the effluent limitations and other special conditions contained in OPDES permits, which are based on the WQMP, CPP, WQS and WQS implementation criteria. (7) Public and interagency participation. DEQ regularly collects and will collect a summary of comments and will provide responses thereto relating to promulgation of DEQ’s WQSIP. (8) Evaluation of effectiveness of agency activities. EPA Region 6 oversees the water quality management activities of the WQD Municipal and Industrial Wastewater Enforcement Sections for major dischargers, including CEIs, enforcement activities and compliance schedules. (s) Environmental Regulation, Pollution Control and Abatement. This program area is related to the assumption of jurisdiction by DEQ of surface water and groundwater pollution issues not subject to the statutory authority of other state environmental agencies. Such issues would be subsumed under other program areas in this Plan. Thus, this program area is not directly applicable to WQS implementation. (t) Public and Private Water Supplies. This program area is related to drinking water supplies and treatment and thus is not directly applicable to WQS implementation. (u) Air Quality. This program area is not directly applicable to WQS implementation. (v) Computerized Water Quality Data Information System. This program area is not directly applicable to WQS implementation.