Okla. Admin. Code § 35:44-3-2 - Incorporation by reference of federal regulations
(a) The following provisions of Title 40 of
the Code of Federal Regulations and the requirements contained therein
pertaining to concentrated animal feeding operations are, unless otherwise
specified, adopted and incorporated by reference in their entirety, except for
those regulations noted in subsection (b):
(1)
The following from Part 122 (NPDES Permit Regulations):
(A) 122.21 (a)-(b), (e)-(f), (i), and (p)
(application for permit).
(B)
122.23 (concentrated animal feeding operations).
(C) 122.28 (General permits).
(D) 122.42(e) (Conditions applicable to
specified categories of permits).
(2) Part 412 (Concentrated Animal Feeding
Operations (CAFO) Point Source Category).
(b) Any regulations incorporated by reference
above that were invalidated by Waterkeeper Alliance, Inc., et al. v. US
Environmental Protection Agency, 399 F.3d 486 (2nd Cir. 2005), shall not be
incorporated by reference and are not rules of the Oklahoma Department of
Agriculture, Food, and Forestry.
(c) Narrative provisions of this subchapter
control over any provision of regulations of the Environmental Protection
Agency (EPA) adopted by reference and the rules are interpreted consistently
with state compliance, with the requirements of 40 C.F.R. Part 123 (EPA
Regulations on State NPDES Permit Program Requirements), and applicable
provisions of the federal Clean Water Act and Oklahoma law.
Notes
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