Reasonable potential to exceed the narrative criterion to protect the beneficial use of Fish and Wildlife Propagation against toxicity exists whenever persistent lethality is demonstrated. A permitting authority may deem reasonable potential to be demonstrated whenever intermittent lethality or persistent sublethality occurs. Reasonable potential is assumed to exist when a known toxicant is present, or expected to be present, in a discharge in toxic amounts.

Added at 40 Ok Reg 329, eff 10-25-22 (emergency)

Added at 40 Ok Reg 2062, eff 9-15-23