Okla. Admin. Code § 165:10-10-2

Current through Vol. 42, No. 2, October 1, 2024

Section 165:10-10-2 - Brownfield defined

(a) A "Brownfield" is a real property (site) where expansion, redevelopment, normal use or reuse may be complicated by the presence or potential presence of a deleterious substance, pollutant, or contaminant. This includes land that is contaminated by petroleum, petroleum products, and related wastes, including crude, condensate, gasoline and diesel fuel, produced water/brine, glycol and/or drilling mud. A proposed Brownfield site is a defined area; it does not need to be the entire property or lease.

(b) Sites excluded from program participation are:

(1) Sites controlled by responsible parties (RPs);

(2) Sites listed on the National Priorities List (NPL) maintained by EPA;

(3) Sites subject to order or consent decree under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund;

(4) Sites permitted under certain federal programs including the Resource Conservation and Recovery Act (RCRA), CERCLA, the Toxic Substances Control Act (TSCA), or the Safe Drinking Water Act (SDWA);

(5) Sites owned or under the control of the federal government;

(6) Portions of sites with PCB (polychlorinated biphenyls) pollution subject to remediation under TSCA;

(7) Portions of facilities with an approved or ongoing federal Leaking Underground Storage Tank (LUST) Fund remediation; however the Oklahoma Petroleum Storage Tank (PST) Indemnity fund is potentially available for assessing and corrective action and/or remediation efforts of newly listed PST Brownfield sites in Oklahoma.

(c) Responsible party (RP) and other ineligible parties defined. A person, corporation, company, non-profit organization, or any other entity that:

(1) Caused the pollution at the proposed Brownfield site or knew about the pollution and allowed it to occur; or

(2) Contributed to already existing pollution at the site; or

(3) Hindered or otherwise knowingly attempted to obstruct efforts to perform environmental assessments of or to remediate pollution caused by an RP at the site; or

(4) Is not in compliance with a final agency order or any final order or judgment of a court of record secured by any state or federal agency for any of the responsible party's actions at the site which could have led to a leak, spill, and/or other cause of the pollution in violation of agency rules, or

(5) Has demonstrated a pattern of uncorrected noncompliance with state or federal environmental laws or rules; or

(6) Has past operations at the site and/or at other sites that indicate a reckless disregard for the protection of human health and safety or the environment.

Okla. Admin. Code § 165:10-10-2

Added at 25 Ok Reg 2187, eff 7-11-08

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015.

Amended by Oklahoma Register, Volume 33, Issue 23, August 15, 2016, eff. 8/25/2016

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 10/1/2023