Codification through the 2012 legislative session. 

Subchapter 7 

Board adoption- February 24, 2012 

Gubernatorial approval- April13, 2012 

Legislative approval and final adoption- May 1, 2012 

Effective date- July 1, 2012 

TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY 

CHAPTER 4. RULES OF PRACTICE AND PROCEDURE 

Subchapter Section 

1. General Provisions .................................................... 252:4-1-1 

3. Meetings and Public Forums ............................................ 252:4-3-1 

5. Rulemaking ......................................................... 252:4-5-1 

7. Environmental Permit Process ........................................... 252:4-7-1 

9. Administrative Proceedings ............................................. 252:4-9-1 

11. Complaint Processing. . .............................................. 252:4-11-1 

13. Environmental Education Grants ........................................ 252:4-13-1 

15. Local Project Funding ................................................ 252:4-15-1 

17. Electronic Reporting ................................................. 252:4-17-1 

Appendix A. Petition for Rulemaking Before the Environmental Quality Board 

Appendix B. Petition for Declaratory Ruling 

Appendix C. Permitting Process Summary 

Appendix D. Style of the Case in an Individual Proceeding 

Appendix E. Electronic Signature Agreement 

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SUBCHAPTER 1. GENERAL PROVISIONS 

Section 

252:4-1-1. Purpose and authority 

252:4-1-2. Definitions 

252:4-1-3. Organization 

252:4-1-4. Office location and hours; communications 

252:4-1-5. Availability of a record 

252:4-1-6. Administrative fees 

252:4-1-7. Fee credits for regulatory fees 

252:4-1-8. Board and Councils 

252:4-1-9. Severability 

252:4-1-1. Purpose and authority 

(a) Purpose. This Chapter describes the practices and procedures of the Environmental Quality 

Board, Advisory Councils, and the Department of Environmental Quality. 

(b) Authority. This Chapter is authorized bytheAdministrativeProceduresAct, 75 O.S. § 302, and 

the Environmental Quality Code, 27A O.S. § 2-2-101. 

252:4-1-2. Definitions 

The following words and terms, when used in this Chapter, shall have the following meaning, 

unless the context clearly indicates otherwise: 

"Administratively complete" means an application that contains the information specified in 

the application form and rules in sufficient detail to allow the DEQ to begin technical review. 

"Administrative hearing" is defined at 27 A O.S. § 2-1-102 and is synonymous with "individual 

proceeding" as that term is defined in the Administrative Procedures Act, 75 O.S. § 250.1 et seq. 

"Administrative Law Judge" is synonymous with "hearing examiner" as that term is defined 

in the Administrative Procedures Act. 

"Advisory Councils or Council" means any of the following Councils: the Air Quality 

Advisory Council, the Hazardous Waste Management Advisory Council, the Laboratory Services 

Advisory Council, the Radiation Management Advisory Council, the Solid Waste Management 

Advisory Council, the Water Quality Management Advisory Council, and the Waterworks and 

Wastewater Works Operator Certification Advisory Council. 

"APA" means the Oklahoma Administrative Procedures Act, 75 O.S. § 250.1 et seq. 

"Application" means "a document or set of documents, filed with the [DEQ],for the purpose 

of receiving a permit or the modification, amendment or renewal thereof from the [DEQ] ... any 

subsequent additions, revisions or modifications submitted to the [DEQ] which supplement, correct 

or amend a pending application." [27A O.S. § 2-14-103(1)] 

"Board" means the Environmental Quality Board. 

"Code" means the Oklahoma Environmental Quality Code, 27A O.S. § 2-1-101 et seq. 

"Complaint" means any written or oral information submitted to DEQ alleging site-specific 

environmental pollution except information gained from facility inspections, or self-reported 

incidents. 

"Department or DEQ" means the Department of Environmental Quality. 

"Enforcement action" means: 

(A) a written communication from the DEQ to an alleged violator that identifies the alleged 

violations and directs or orders that the violations be corrected and/or their effect remedied; 

(B) an administrative action to revoke or suspend a permit or license; 

(C) a consent order or proposed consent order; 

(D) a civil petition, a complaint in municipal court, or a complaint in federal district court; 

(E) a referral by the DEQ to the Oklahoma Attorney General's office, a state District 

Attorney's office, a U.S. Attorney's office, or a state or federal law enforcement agency for 

investigation. 

"Executive Director" means the Executive Director of the Department of Environmental 

2 
Quality. 

"False complaint" means any written or oral information submitted to DEQ alleging sitespecific environmental pollution by a person who knowingly and willfully gives false information 

or misrepresents material information. 

"Individual proceeding" is defined in the APA [75 O.S. § 250.3(7)]. It includes an 

administrative evidentiary hearing to resolve issues of law or fact between parties, resulting in an 

order. 

"Mediation" means a voluntary negotiating process in which parties to a dispute agree to use 

a mediator to assist them in jointly exploring and settling their differences, with a goal of resolving 

their differences by a formal agreement created by the parties. 

"Notice of deficiencies" means a written notice to an applicant, describing with reasonable 

specificity the deficiencies in a permit application and requesting supplemental information. 

"Off-site", as used in hazardous waste, solid waste and Underground Injection Control (UIC) 

tier classifications, means a facility which receives waste from various sources for treatment, storage, 

processing, or disposal. 

"On-site", as used in hazardous waste, solid waste and UIC tier classifications, means a facility 

owned and operated by an industry for the treatment, storage, processing, or disposal of its own 

waste exclusively. 

"Program" means a regulatory section or division of the DEQ. 

"Respondent" means a person or legal entity against whom relief is sought. 

"Submittal" means a document or group of documents provided as part of an application. 

"Supplement" means a response to a request for additional information following completeness 

and technical reviews, and information submitted voluntarily by the applicant. 

"Technical review" means the evaluation of an application for compliance with applicable 

program rules. 

252:4-1-3. Organization 

(a) Environmental Quality Board. The Environmental Quality Board consists of thirteen (13) 

members, appointed by the Governor with the advice and consent of the Senate, selected from the 

environmental profession, general industry, hazardous waste industry, solid waste industry, water 

usage, petroleum industries, agriculture industries, conservation districts, local city or town 

governments, rural water districts, and statewide nonprofit environmental organizations. (See further 

27A O.S. § 2-2-101.) 

(b) Advisory Councils. There are seven advisory councils, each consisting of nine (9) members 

appointed by the Speaker of the House ofRepresentatives, the President Pro Tempore of the Senate 

or the Governor. (See further 27A O.S. § 2-2-201 and 59 O.S. § 1101 et seq.) 

(c) DEQ. The DEQ consists of the following divisions: Administrative Services, Air Quality, Land 

Protection, Water Quality, Environmental Complaints and Local Services, Customer Services and 

the State Environmental Laboratory. 

252:4-1-4. Office location and hours; communications 

(a) Office location and hours. The principal office of the DEQ is 707 N. Robinson, Oklahoma 

City, Oklahoma 73102. The mailing address is P.O. Box 1677, Oklahoma City, Oklahoma 73101-

1677. Office hours are from 8:00a.m. to 4:30p.m., Monday through Friday except state holidays. 

(b) Communications. Unless a person is working with a particular person or departmental area, 

written communication to the DEQ shall be addressed to the Executive Director. 

( 1) Board. Communications to the Board may be made through the Executive Director. 

(2) Council. Communications to a Council may be made through the Division Director of the 

program with which the Council works. 

252:4-1-5. Availability of a record 

(a) Availability. Records of the Board, Advisory Councils, and DEQ, not otherwise confidential 

or privileged from disclosure by law, shall be available to the public for inspection and copying at 

the DEQ's principal office during normal business hours. Information, data or materials required to 

3 
be submitted to the DEQ in a permit application process shall be made available to the public in 

accordance with the Oklahoma Uniform Environmental Permitting Act (27A O.S. § 2-14-101 et 

seq.) and the rules in this Chapter. The DEQ may take reasonable precautions in order to ensure the 

safety and integrity of records under its care. 

(b) Removal. A record may be removed from the DEQ's offices or storage areas only with prior 

authorization from and under the supervision of the Records Coordinator or his/her designee. 

(c) Reproduction. 

(1) By DEQ. The DEQ may limit the number of copies made and the time and personnel 

available for reproduction of records requested by a member of the public. 

(2) Commercial reproduction. With advance notice to the DEQ, a person may arrange for the 

pick-up, reproduction and return of records by a commercial copying service at his/her own 

expense, only if the Records Coordinator or his/her designee determines that the D EQ' s staff or 

equipment is inadequate to perform all or part of the project. 

(3) Other. With prior DEQ approval, a person may bring in and use his/her own copy machine. 

(d) Confidentiality. Any person asserting a claim of confidentiality for any document submitted 

to the Board, Council or DEQ must substantiate the claim upon submission. The DEQ will make 

a determination on the claim and notify the person asserting the claim within a reasonable time. 

Each program may have more specific requirements, as required by state law or federal rule. [See 

27A O.S. § 2-5-105(18) and 40 CFR § 2 Subpart B, particularly§ 2.301 (Clean Air Act),§ 2.302 

(Clean Water Act), § 2.304 (Safe Drinking Water Act), § 2.305 (Solid Waste Disposal Act, as 

amended by the Resource Conservation and Recovery Act), and § 2.310 (Comprehensive 

Environmental Response, Compensation, and Liability Act, as amended by Superfund Amendments 

and Reauthorization Act)]. 

(e) Certification. Copies of official records of the Board, Advisory Councils or DEQ may be 

certified by the Executive Director or his/her designees. 

(f) Charge. The DEQ's administrative fee schedule applies to in-house copying or reproduction of 

records for or by members of the public. 

252:4-1-6. Administrative fees 

(a) Photocopying and faxing. The fee for copying or faxing letter or legal sized paper is $0.25 per 

page after the first ten pages. 

(b) Certified copy. The fee for a certified copy of a document is $1.00 per document. 

(c) Search fee. When the request is solely for commercial purpose or clearly would cause excessive 

disruption of the DEQ's essential functions, the document search fee is as follows: 

(1) 0- 15 minutes, no charge; 

(2) 16- 30 minutes, $5.00; 

(3) every subsequent 30-minute increment or portion thereof, $5.00. 

(d) Regular mail or overnight carrier. The fee for mailing eleven or more sheets of reproduced 

DEQ records by regular mail is the cost of postage. The fee for sending a package of reproduced 

DEQ records by overnight carrier is the cost of delivery. 

(e) Compact Disc. Ifthe DEQ provides the compact disc ("CD"), the fee for copying from CD to 

CD or from database to CD is $1.00 per CD, plus an additional $1.00 per CD for ink-jet labeling. 

252:4-1-7. Fee credits for regulatory fees 

(a) The Executive Director may authorize Divisions of the DEQ which have programs that collect 

recurring fees to apply a credit towards certain future invoices for those fees. The credit must be 

applied only within the program from which the carryover fees are derived. Only the amount that 

is projected to exceed three months of funding beyond the upcoming budget year for that program 

can be credited. A summary of any credit applied shall be reported to the Environmental Quality 

Board. For a credit to be applied: 

(1) there must be a projected balance in the fee account carried over from the previous year; 

(2) the credit must be distributable pro rata among the fee payers; 

(3) the credit must be large enough to justify its administrative cost; and 

( 4) the Division must be unaware of a longer-range need, such as match for a superfund clean-up 

4 
project. 

(b) The DEQ shall explain on the invoices that a carryover exists and that an identified one-time 

credit is being applied. 

252:4-1-8. Board and Councils 

(a) Officers. A chair of the Board shall not serve as chair for more than three (3) consecutive years. 

Officers of a Council may succeed themselves as officers at the discretion of a Council. 

(b) Committees. Ad hoc committees may be appointed to assist the Board or a Council for any 

lawful purpose. 

252:4-1-9. Severability 

The provisions of OAC 252 are severable, and if any part or provision hereof shall be held void, 

the decision of the court so holding shall not affect or impair any of the remaining parts or provisions 

ofOAC 252. 

SUBCHAPTER 3. MEETINGS AND PUBLIC FORUMS 

Section 

252:4-3-1. Meetings 

252:4-3-2. Public forums 

252:4-3-1. Meetings 

(a) Board. The Board shall hold at least three regularly scheduled meetings per calendar year and 

may hold other meetings as it deems necessary. 

(b) Council. Each council shall hold at least one regularly scheduled meeting per calendar year, 

except the Air Quality Advisory Council which shall hold at least two regularly scheduled meetings. 

(c) Location. The Board or a Council may meet at any location convenient and open to the public 

in this state to encourage public participation in the environmental rulemaking process. 

(d) Agenda. The proposed agenda of a meeting may be developed with the advice of members and 

modified by the Chair. Time permitting, a copy of the proposed agenda shall be sent to each Board 

or Council member at least ten (1 0) calendar days before a regularly scheduled meeting. The Board 

or Council may, by majority vote during a meeting, continue an agenda item to or specifY a new 

agenda item for another meeting or forum. 

(e) Public comment. The agenda shall reserve time during the meeting for public comment on 

agenda action items. The DEQ shall provide sign-in sheets at each meeting for persons who wish 

to present written or oral comment on an agenda action item. The Chair reserves the right to 

rearrange the agenda items during the meeting to accommodate public comment. The Chair may set 

reasonable time limits on oral comment and may accept written submittals on behalf of the Council 

or the Board. 

252:4-3-2. Public forums 

(a) Generally. A public forum for receiving public comments and dissemination of information 

may be held in conjunction with a Council or Board meeting but shall be a separate meeting. 

(b) Location. Each forum may be held at a different location in the state. 

(c) Format. The forum shall be conducted by the Chair or the Chair's designee. 

(d) Public comment. The DEQ shall provide sign-in sheets at each meeting for persons who wish 

to present written or oral comments. The Chair may set reasonable time limits on oral comment and 

may accept written submittals on behalf of the Council or the Board. 

SUBCHAPTER 5. RULEMAKING 

Section 

252:4-5-1. Adoption and revocation 

252:4-5-2. Rule development 

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252:4-5-3. Petitions for Rulemaking 

252:4-5-4. Notice of permanent rulemaking 

252:4-5-5. Rulemaking hearings 

252:4-5-6. Council actions 

25 2:4-5-7. Presentation to Board 

252:4-5-8. Board actions 

252:4-5-9. Rulemaking record 

252:4-5-1. Adoption and revocation 

The Board has the authority to adopt new or amended emergency or permanent rules and revoke 

existing rules within its jurisdiction. 

252:4-5-2. Rule development 

(a) DEQ. The DEQ may begin the development of rules at the request of or on behalf of the Board 

or a Council or upon petition by an interested person. The DEQ may appoint committees to assist 

in the development of rules. 

(b) Public. Any person may informally discuss proposed rules with the DEQ or may suggest 

proposed rules during a council meeting. Also, any person may file a petition with the DEQ formally 

requesting the adoption, amendment, or revocation of one or more rules. 

252:4-5-3. Petitions for rulemaking 

(a) Form and content of petition. Rulemaking petitions shall be in writing and filed with the DEQ. 

The petition shall include the information and follow the format in Appendix A of this Chapter. The 

DEQ shall provide a copy of the filed petition to the Board. 

(b) Referral. The DEQ shall refer a filed petition to the appropriate Council or, if none, to the 

appropriate DEQ program for review. A petition referred to a Council shall be set on the agenda of 

the next available Council meeting for action. 

(c) Status. The DEQ shall advise the Board of the status of rulemaking petitions. 

252:4-5-4. Notice of permanent rulemaking 

The DEQ shall submit notices of proposed permanent rulemaking to the Office of Administrative 

Rules for publication in accordance with the AP A and the Administrative Rules on Rulemaking 

(OAC 655:10). 

252:4-5-5. Rulemaking hearings 

(a) Hearing. Hearings before a Council or the Board shall be conducted by the Chair or the Chair's 

designee. 

(b) Public comments. The public may make comments orally at the hearing or submit comments 

in writing by the end of the specified public comment period, or both. Persons wishing to comment 

orally may be required to fill out a written request form. The person conducting the hearing may set 

reasonable time limits on oral presentations, may exclude repetitive or irrelevant comments and may 

require that oral presentations be submitted in writing. 

(c) Public comment period. The comment period shall end at the conclusion of the hearing if the 

agenda indicates that the Council intends to make a final recommendation on the rules or that the 

Board intends to take a final action on the rules. Otherwise, the comment period may be extended 

by the person conducting such hearing for no more than thirty (30) calendar days after the hearing 

or until the close of the hearing, if continued. 

(d) Summary of comments. The DEQ shall maintain a summary of comments received on 

proposed rules during written comment periods. The summary shall be provided to the Council or 

Board prior to taking final action on the rule. 

(e) Hearing continuation. A Council or the Board may continue the hearing by majority vote. 

Notice of the continuation shall be announced at the hearing and shall not require publication. 

252:4-5-6. Council actions 

6 
(a) Contents of recommendation. On behalf of a Council, the DEQ shall prepare a 

recommendation submittal on proposed permanent rules, which shall include the text ofthe proposed 

rules, a summary of pertinent minutes of Council meetings, and a summary of comments received. 

Recommendations may also be made for rules with a finding of emergency. The Council may 

recommend that any proposed rule be adopted by the Board on a permanent and emergency basis 

simultaneously. 

(b) On remand. The Council shall reconsider any rulemaking recommendation remanded by the 

Board. 

252:4-5-7. Presentation to Board 

(a) Compliance with APA. When proposed rules are presented to the Board, the DEQ shall 

indicate the rulemaking procedures which have been followed. 

(b) Board packets. The DEQ shall prepare a board packet consisting of the text of proposed rules, 

an executive summary, a rule impact statement, an economic impact/environmental benefit statement 

(if applicable), a summary of comments received on proposed rules at rulemaking hearings and 

during written comment periods, the Council's recommendations and a summary of pertinent Council 

meeting minutes (if applicable). The Board packets shall be sent to members with the proposed 

agenda of the Board meeting at which rules are to be considered. Board packets for emergency rules 

may vary. 

252:4-5-8. Board actions 

(a) Referral. The Board may refer any rulemaking matter to the D EQ or an appropriate Council for 

review, comment or recommendation. 

(b) Proposed permanent rules. The Board will not consider proposed permanent rules for adoption 

without the appropriate Council's recommendation except those rules for which no council has 

jurisdiction. 

(c) Proposed emergency rules. The Board may adopt emergency rules without the advice of a 

Council in accordance with 27A O.S. § 2-2-101. 

(d) Final language of rules. The rules adopted or repealed by the Board may vary from the Council 

recommendation except for rules recommended by the Air Quality Council. (See further, Oklahoma 

Clean Air Act at 27A O.S. § 2-5-106.) 

(e) Remand. The Board may remand a Council's rulemaking recommendation for reconsideration. 

(f) Notice to Council. The DEQ shall provide each Council with copies of emergency rules adopted 

by the Board without the Council's recommendation and of any rules adopted by the Board which 

vary from that Council's recommendation. 

252:4-5-9. Rulemaking record 

The DEQ shall maintain a rulemaking record on all rules adopted or revoked by the Board. 

SUBCHAPTER 7. ENVIRONMENTAL PERMIT PROCESS 

PART 1. THE PROCESS 

Section 

252:4-7-1. Authority 

252:4-7-2. Preamble 

252:4-7-3. Compliance 

252:4-7-4. Filing an application 

252:4-7-5. Fees 

252:4-7-6. Receipt of applications 

252:4-7-7. Administrative completeness review 

252:4-7-8. Technical review 

252:4-7-9. When review times stop 

252:4-7-10. Supplemental time 

7 
252:4-7 -II. 

252:4-7-12. 

252:4-7-13. 

252:4-7-14. 

252:4-7-15. 

252:4-7-16. 

252:4-7-17. 

252:4-7-18. 

252:4-7-19. 

252:4-7-31. 

252:4-7-32. 

252:4-7-33. 

252:4-7-34. 

Extensions 

Failure to meet deadline 

Notices 

Withdrawing applications 

Permit issuance or denial 

Tier II and III modifications 

Permit decision-making authority 

Pre-issuance permit review and correction 

Consolidation of permitting process 

PART 3. AIR QUALITY DIVISION TIERS AND TIME LINES 

Air quality time lines 

Air quality applications - Tier I 

Air quality applications - Tier II 

Air quality applications - Tier III 

PART 5. LAND PROTECTION DIVISION TIERS AND TIME LINES 

252:4-7-51. 

252:4-7-52. 

252:4-7-53. 

252:4-7-54. 

252:4-7-55. 

252:4-7-56. 

252:4-7-57. 

252:4-7-58. 

252:4-7-59. 

252:4-7-60. 

252:4-7-61. 

252:4-7-62. 

252:4-7-63. 

252:4-7-71. 

252:4-7-72. 

252:4-7-73. 

252:4-7-74. 

252:4-7-75. 

252:4-7-76. 

252:4-7-77. 

252:4-7-78. 

Waste management time lines 

Hazardous waste management applications - Tier I 

Hazardous waste management applications - Tier II 

Hazardous waste management applications - Tier III 

Radiation management applications - Tier I 

Radiation management applications - Tier II 

Radiation management applications - Tier III 

Solid waste management applications - Tier I 

Solid waste management applications - Tier II 

Solid waste management applications - Tier III 

Brownfields applications- Tier I [REVOKED] 

Brownfields applications- Tier II [REVOKED] 

Brownfields applications- Tier III [REVOKED] 

PART 7. WATER QUALITY DIVISION TIERS AND TIME LINES 

Water quality time lines 

Laboratory certification applications - Tier I 

Water quality applications - Tier I 

Water quality applications - Tier II 

Water quality applications - Tier III 

UIC applications-Tier I 

UIC applications - Tier II 

UIC applications - Tier III 

PART 1. THE PROCESS 

252:4-7-1. Authority 

The rules in this Subchapter implement the Oklahoma Uniform Environmental Permitting Act, 

27A O.S. § 2-14-101 et seq., and apply to applicants for and holders ofDEQ permits and other 

authorizations. 

252:4-7-2. Preamble 

The Uniform Environmental Permitting Act requires that DEQ licenses, permits, certificates, 

approvals and registrations fit into an application category, or Tier, established under the uniform 

environmental permitting rules. Tier I is the category for those things that are basically 

8 
administrative decisions which can be made by a technical supervisor with no public participation 

except for the landowner. Tier II is the category for those permit applications that have some public 

participation (notice to the public, the opportunity for a public meeting and public comment), and 

the administrative decision is made by the Division Director. Tier III is the category for those permit 

applications that have extensive public participation (notice to the public, the opportunity for a public 

meeting and public comment, and the opportunity for an administrative evidentiary hearing), and the 

administrative decision is made by the Executive Director. 

252:4-7-3. Compliance 

Applicants and permittees are subject to the laws and rules of the DEQ as they exist on the date 

of filing an application and afterwards as changed. 

252:4-7-4. Filing an application 

(a) Tier I. The applicant shall file (2) copies of a Tier I application unless the application form or 

instructions specifies that only one (1) copy is needed. Applicants seeking permits for alternative 

individual on-site sewage disposal systems and alternative small public on-site sewage disposal 

systems (OAC 252:641) shall file one copy with the local DEQ office for the county in which the 

real property is located. 

(b) Tier II & III. The applicant shall file three (3) copies of Tier II and Tier III applications with 

the DEQ and place one (1) copy for public review in the county in which the site, facility or activity 

is located. 

252:4-7-5. Fees 

Fees shall be submitted with the application and, except as herein provided, will not be refunded. 

252:4-7-6. Receipt of applications 

When an application and appropriate fee are received, each program shall: 

( 1) file stamp the application with the date of receipt, the Division and/ or program name and an 

identification number; 

(2) assign the application to a permit reviewer; and 

(3) enter this information in a database or log book. 

252:4-7-7. Administrative completeness review 

The reviewer shall have 60 calendar days from the file-stamped date of filing to determine if the 

application is administratively complete. 

(1) Not complete. If the reviewer decides that the application is not complete, he/she shall 

immediately notify the applicant by mail, describing with reasonable specificity the deficiencies 

and requesting supplemental information. The reviewer may continue to ask for specific 

information until the application is administratively complete. If the reviewer does not notifY the 

applicant of deficiencies, the period for technical review shall begin at the close of the 

administrative completeness review period. 

(2) Complete. When the application is administratively complete, the reviewer shall enter the 

date in the database or log book and immediately notifY the applicant by mail. The period for 

technical review begins. 

252:4-7-8. Technical review 

(a) Each program shall have the time period specified in Parts 3 through 5 of this Subchapter to 

review each application for technical compliance with the relevant rules and to reach a final 

determination. If the data in the application does not technically comply with the relevant rules or 

law, the reviewer may notifY the applicant by mail, describing with reasonable specificity the 

deficiencies and requesting supplemental information. 

(b) Any environmental permit that is not described in this Subchapter shall be reviewed with all due 

and reasonable speed. 

9 
252:4-7-9. When review times stop 

The time period for review stops during: 

( 1) litigation; 

(2) public review and participation, including waiting periods, comment periods, public 

meetings, administrative hearings, DEQ preparation of response to comments and/or review by 

state or federal agencies; 

(3) requests for supplemental information; and 

( 4) the time in which an applicant amends his/her application of his/her own accord. 

252:4-7-10. Supplemental time 

The Notice of Deficiencies and request for supplemental information may state that up to 30 

additional calendar days may be added to the application processing time. Requests for supplemental 

information may also state that additional days for technical review equal to the number of days the 

applicant used to respond may be added to the review time. 

252:4-7-11. Extensions 

Extensions to the time lines of this Subchapter shall only be made by agreement or when the 

Executive Director certifies that circumstances outside the DEQ's control, including acts of God, a 

substantial and unexpected increase in the number of applications filed, or additional review duties 

imposed on the DEQ from an outside source, prevent the reviewer from meeting the time periods. 

252:4-7-12. Failure to meet deadline 

Where failure to meet a deadline is imminent, then: 

(1) At least thirty (30) calendar days prior to the deadline the DEQ shall reassign staff and/or 

retain outside consultants to meet such deadline; or 

(2) The applicant may agree to an extension of time for a specific purpose and period of time 

with refund of the entire application fee, unless a refund is prohibited by law. 

252:4-7-13. Notices 

(a) Statutory requirements for notice. The Uniform Environmental Permitting Act requires an 

applicant to give notice in accordance with 27A O.S. § 2-14-301. 

(b) Notice to landowner. Applicants shall certify by affidavit that they own the real property, have 

a current lease or easement which is given to accomplish the permitted purpose or have provided 

legal notice to the landowner. 

(c) Notice content. The applicant shall provide DEQ with a draft notice for approval prior to 

publication. All published legal notice( s) shall contain the: 

(1) Name and address of the applicant; 

(2) Name, address and legal description of the site, facility and/or activity; 

(3) Purpose ofnotice; 

(4) Type of permit or permit action being sought; 

( 5) Description of activities to be regulated; 

( 6) Locations where the application may be reviewed; 

(7) Names, addresses and telephone numbers of contact persons for the DEQ and for the 

applicant; 

(8) Description of public participation opportunities and time period for comment and requests; 

and 

(9) Any other information required by DEQ rules. 

(d) Proof of publication. Within twenty (20) days after the date of publication, an applicant shall 

provide the DEQ with a written affidavit of publication for each notice published. In case of a 

mistake in a published notice, the DEQ shall require a legal notice of correction or republication of 

the entire notice, whichever is appropriate. Inconsequential errors in spelling, grammar or 

punctuation shall not be cause for correction or republication. 

(e) Exception to notice requirement. Applicants for solid waste transfer station permits may be 

exempt from public meeting requirements under 27A O.S. § 2-10-307. 

10 
(f) Additional notice. 

(1) Applicants for a NPDES, RCRA or UIC permit are subject to additional notice provisions 

of federal requirements adopted by reference as DEQ rules. 

(2) Applicants for a proposed wastewater discharge permit that may affect the water quality of 

a neighboring state must give written notice to the environmental regulatory agency of that state. 

[27 A O.S. § 2-5-112(E)] 

(3) Applicants for a landfill permit shall provide notice by certified mail, return receipt 

requested, to owners of mineral interests and to adjacent landowners whose property may be 

substantially affected by installation of a landfill site. See DuLaney v. OSDH, 868 P.2d 676 

(Okl. 1993). 

(g) Additional notice content requirements for Clean Air Act Permits. In addition to the notice 

provisions of27 A O.S. §§ 2-14-301 and2-14-302 and other provisions of this section, the following 

requirements apply. 

( 1) Applicants shall give notice by publication in a newspaper of general circulation in the area 

where the source is located; to persons on a mailing list developed by the DEQ, including those 

who request in writing to be on the list; and by other means if determined by the Executive 

Director to be necessary to assure adequate notice to the affected public. 

(2) All published notice( s) for permit modification shall identify the emissions change involved 

in the modification. 

(3) An applicant for a Part 70 permit that may affect the air quality of a neighboring state must 

give written notice to the environmental regulatory agency of that state. [27 A O.S. § 2-5-112(E)] 

( 4) An operating permit may be issued to an applicant for a new Part 70 operating permit 

without public review if the operating permit is based on a construction permit that meets the 

requirements of252:4-7-32(b )(1)(B) and the public notice for the construction permit contains 

the following language. 

(A) This permit is subject to EPA review, EPA objection, and petition to EPA, as provided 

by 252:100-8-8 and 40 CFR § 70.8. 

(B) If the operating permit has conditions which do not differ from the construction permit's 

operating conditions in any way considered significant under 252:100-8-7 .2(b )(2), the 

operating permit will be issued without public notice and comment; and, 

(C) The public will not receive another opportunity to provide comments when the operating 

permit is issued. 

252:4-7-14. Withdrawing applications 

(a) By applicant. An applicant may withdraw an application at any time with written notice to the 

DEQ and forfeiture of fees. 

(b) By DEQ. Except for good cause shown, when an applicant fails to supplement an application 

within 180 days after the mailing date of a Notice of Deficiencies, or by an agreed date, the DEQ 

shall void the application. The DEQ shall notifY the applicant of an opportunity to show cause why 

this should not occur. 

252:4-7-15. Permit issuance or denial 

(a) Compliance required. A new, modified or renewed permit or other authorization sought by the 

applicant shall not be issued until the DEQ has determined the application is in substantial 

compliance with applicable requirements of the Code and DEQ rules. 

(b) Conditions for issuance. The Department may not issue a new, modified or renewed permit 

or other authorization sought by the applicant if: 

(1) The applicant has not paid all monies owed to the DEQ or is not in substantial compliance 

with the Code, DEQ rules and the terms of any existing DEQ permits and orders. The DEQ may 

impose special conditions on the applicant to assure compliance and/or a separate schedule 

which the DEQ considers necessary to achieve required compliance; or 

(2) Material facts were misrepresented or omitted from the application and the applicant knew 

or should have known of such misrepresentation or omission. 

(c) Burden of persuasion. The applicant bears the burden of persuading the agency that the permit 

11 
should issue. Title 75 O.S. § 307 is the appropriate mechanism to address any alleged failure by the 

DEQ to conform the issuance or denial of the permit to the requirements of a Final Order. 

252:4-7-16. Tier II and III modifications 

For Tier II and III permit modification actions, only those issues relevant to the modification( s) 

shall be reopened for public review and comment. 

252:4-7-17. Permit decision-making authority 

(a) Designated positions. The Executive Director may delegate in writing the power and duty to 

issue, renew, amend, modifY and deny permits and take other authorization or registration action. 

Unless delegated to a Division Director by formal assignment or rule, the authority to act on Tier I 

applications shall be delegated to positions within each permitting program having technical 

supervisory responsibilities and, for local actions authorized by law, to environmental specialist 

positions held by the DEQ's local services representatives. The authority to act on emergency 

permits or Tier II applications shall be delegated to the Division Director of the applicable permitting 

division. 

(b) Revision. The Executive Director may amend any delegation in writing. 

252:4-7-18. Pre-issuance permit review and correction 

(a) Applicant review. The DEQ may ask an applicant to review its permit for calculation and 

clerical errors or mistakes of fact or law before the permit is issued. 

(b) Correction. The DEQ may correct any permit before it is issued. 

(1) Notice of significant corrections. For permits based on Tier II and III applications, an 

applicant shall publish legal notice in one newspaper local to the site of any correction or change 

proposed by the DEQ which significantly alters a facility's permitted size, capacity or limits. 

(2) Comments. The DEQ may open a public comment period and/or reconvene a public 

meeting and/ or administrative hearing to receive public comments on the proposed correction( s ). 

252:4-7-19. Consolidation of permitting process 

(a) Discretionary. Whenever an applicant applies for more than one permit for the same site, the 

DEQ may authorize, with the consent of the applicant, the review of the applications to be 

consolidated so that each required draft permit, draft denial and/or proposed permit is prepared at 

the same time and public participation opportunities are combined. 

(b) Scope. When consolidation is authorized by the DEQ: 

(1) The procedural requirements for the highest specified tier shall apply to each affected 

application. 

(2) The DEQ may also authorize the consolidation of public comment periods, process and 

public meetings, and/or administrative permit hearings. 

(3) Final permits may be issued together. 

(c) Renewal. The DEQ may coordinate the expiration dates of new permits issued to an applicant 

for the same facility or activity so that all the permits are of the same duration. 

(d) Multiple modifications. Subsections (a) and (b) of this section shall also apply to multiple Tier 

II and III applications for permit modifications. 

PART 3. AIR QUALITY DIVISION TIERS AND TIME LINES 

252:4-7-31. Air quality time lines 

The following air quality permits and authorizations shall be technically reviewed and issued or 

denied within the time frames specified below. 

(1) Construction permits: 

(A) PSD and Part 70 Sources - 365 days. 

(B) Minor Facilities - 180 days. 

(2) Operating permits: 

(A) Part 70 Sources - 540 days. 

12 
(B) Minor Facilities - 365 days. 

(3) Relocation permits - 30 days. 

252:4-7-32. Air quality applications- Tier I 

(a) Minor facility permits. The following air quality authorizations for minor facilities require Tier 

I applications. 

(1) New permits. New construction, operating and relocation permits. 

(2) Modifications of permits. 

(A) Modification of a construction permit for a minor facility that will remain minor after 

the modification. 

(B) Modification of an operating permit that will not change the facility's classification from 

minor to major. 

(C) Extension of expiration date of a construction permit. 

(b) Part 70 source permits. The following air quality authorizations for Part 70 sources require 

Tier I applications. 

( 1) New permits. 

(A) New construction permit for an existing Part 70 source for any change considered minor 

under 252:100-8-7.2(b)(1). 

(B) New operating permit that: 

(i) is based on a construction permit that was processed under Tier II or III, and 252:100-

8-8, and 

(ii) has conditions which do not differ from the construction permit's operating 

conditions in any way considered significant under 252:100-8-7 .2(b )(2). 

(2) Modifications of permits. 

(A) Modification of any operating permit condition that: 

(i) is based on the operating conditions of a construction permit that was processed 

under Tier II or III, and 252:100-8-8, and 

(ii) does not differ from those construction permit conditions in any way considered 

significant under 252:100-8-7.2(b)(2). 

(B) A construction or operating permit modification that is minor under 252:100-8-7 .2(b )(1 ). 

(C) Extension of expiration date of a Part 70 source's construction permit with no or minor 

modifications. 

(c) Other authorizations. The following air quality authorizations require Tier I applications. 

(1) New, modified and renewed individual authorizations under general operating permits for 

which a schedule of compliance is not required by 252:1 00-8-5( e )(8)(B)(i). 

(2) Bum approvals. 

(3) Administrative amendments of all air quality permits and other authorizations. 

252:4-7-33. Air quality applications- Tier II 

(a) Minor facility permit actions. Any minor facility seeking a permit for a modification that when 

completed would tum it into a Part 70 source is required to apply under subsection (b) of this section. 

(b) Part 70 source permits. The following air quality authorizations for Part 70 sources require 

Tier II applications. 

( 1) New permits. 

(A) New construction permit for a new Part 70 source not classified under Tier III. 

(B) New construction permit for an existing Part 70 source for any change considered 

significant under 252:100-8-7 .2(b )(2) and which is not classified under Tier III. 

(C) New operating permit for a Part 70 source that did not have an underlying construction 

permit processed under Tier II or III, and 252:100-8-8. 

(D) New operating permit with one or more conditions that differ from the underlying Tier 

II or III construction permit's operating conditions in a way considered significant under 

252: 100-8-7.2(b )(2). 

(E) New acid rain permit that is independent of a Part 70 permit application. 

(F) New temporary source permit under 252:100-8-6.2. 

13 
(2) Modifications of permits. 

(A) Significant modification, as described in 252:100-8-7 .2(b )(2), of an operating permit 

that is not based on an underlying construction permit processed under Tier II or III, and 

252:100-8-8. 

(B) Modification of an operating permit when the conditions proposed for modification 

differ from the underlying construction permit's operating conditions in a way considered 

significant under 252:100-8-7.2(b)(2). 

(C) A construction permit modification considered significant under 252:100-8-7.2(b)(2) 

and which is not classified under Tier III. 

(3) Renewals. Renewals of operating permits. 

(c) Other authorizations. The following air quality authorizations require Tier II applications. 

(1) New, modified and renewed general operating permits. 

(2) Individual authorizations under any general operating permit for which a schedule of 

compliance is required by 252:1 00-8-5( c )(8)(B)(i). 

(3) Plant-wide emission plan approval under 252:100-3 7 -25(b) or 252:1 00-39-460). 

( 4) Alternative emissions reduction authorizations. (Also subject to state implementation plan 

revision procedures in 25 2: 1 00-11.) 

252:4-7-34. Air quality applications- Tier III 

(a) New major stationary sources. A construction permit for any new major stationary source 

listed in this subsection requires a Tier III application. For purposes of this section, "Major 

stationary source" means: 

( 1) Any of the following sources of air pollutants which emits, or has the potential to emit, 100 

tons per year or more of any pollutant subject to regulation: 

(A) carbon black plants (furnace process), 

(B) charcoal production plants, 

(C) chemical process plants, 

(D) coal cleaning plants (with thermal dryers), 

(E) coke oven batteries, 

(F) fossil-fuel boilers (or combustion thereof),totaling more than 250 million BTU per hour 

heat input, 

(G) fossil fuel-fired steam electric plants of more than 250 million BTU per hour heat input, 

(H) fuel conversion plants, 

(I) glass fiber processing plants, 

(J) hydrofluoric, sulfuric or nitric acid plants, 

(K) iron and steel mill plants, 

(L) kraft pulp mills, 

(M) lime plants, 

(N) incinerators, except where used exclusively as air pollution control devices, 

(0) petroleum refineries, 

(P) petroleum storage and transfer units with a total storage capacity exceeding 300,000 

barrels, 

(Q) phosphate rock processing plant, 

(R) portland cement plants, 

(S) primary aluminum ore reduction plants, 

(T) primary copper smelters, 

(U) primary lead smelters, 

(V) primary zinc smelters, 

(W) secondary metal production plants, 

(X) sintering plants, 

(Y) sulfur recovery plants, or 

(Z) taconite ore processing plants, and 

(2) Any other source not specified in paragraph (1) of this definition which emits, or has the 

potential to emit, 250 tons per year or more of any pollutant subject to regulation. 

14 
(b) Existing incinerators. An application for any change in emissions or potential to emit, or any 

change in any permit condition, that would have caused an incinerator to be defined as a major 

stationary source when originally permitted shall require a Tier III application. 

(c) Potential to emit. For purposes of this section, "potential to emit" means emissions resulting 

from the application of all enforceable permit limitations as defined in OAC 252:100-1-3. 

PART 5. LAND PROTECTION DIVISION TIERS AND TIME LINES 

252:4-7-51. Waste management time lines 

The Land Protection Division shall technically review applications and issue or deny permits 

within the following periods of time: 

(1) Except as identified in paragraph (4), hazardous waste applications, including new RCRA 

permits or renewals, new state recycling permits, Class 3 modifications, closure and post-closure 

plans, transfer station plans and plan modifications - 300 days; 

(2) Brownfields applications and each submittal or resubmittal - 60 days; 

(3) Solid waste applications and each submittal or resubmittal- 90 days; 

(4) New RCRA standardized permits and modifications to standardized permits- 150 days. 

252:4-7-52. Hazardous waste management applications- Tier I 

The following hazardous waste management authorizations require Tier I applications. 

( 1) Class 1 modification of any hazardous waste permit requiring prior Department approval as 

specified in 40 CFR § 270.42. 

(2) Modification to a recycling permit in accordance with 27A O.S. § 2-7-118(A). 

(3) Class 2 permit modification as defined in 40 CFR § 270.42. 

( 4) Emergency hazardous waste disposal plan approval. 

( 5) Hazardous waste generator disposal plan approval. 

(6) Technical plan approval. 

(7) Hazardous waste transporter license. 

(8) Hazardous waste transfer station plan modification which 

is not related to capacity. 

(9) Emergency permit issued in accordance with 40 CFR § 270.61. 

(10) Interim status closure plan approval in accordance with 40 CFR § 265.113(d)(4). 

(11) Minor administrative modification of all permits and other authorizations. 

(12) Renewal of disposal plan approval and transporter license. 

(13) New, modified or renewed authorization under a general permit. 

(14) Approval of temporary authorizations in accordance with 40 CFR § 270.42. 

(15) Routine changes to RCRA standardized permits and routine changes to RCRA 

standardized permits with prior DEQ approval in accordance with 40 CFR 124.211. 

252:4-7-53. Hazardous waste management applications- Tier II 

The following hazardous waste management authorizations require Tier II applications. 

(1) On-site hazardous waste treatment, storage or disposal permit. 

(2) Mobile recycling permit. 

(3) Research & Development permit. 

( 4) Class 3 modification of any hazardous waste permit as specified in 40 CFR § 270.42. 

( 5) Modification of an on-site hazardous waste facility permit for a fifty percent (50%) or greater 

increase in permitted capacity for storage, treatment, and/or disposal, including incineration. 

(6) Modification of an on-site hazardous waste facility permit for an expansion of permitted 

boundaries. 

(7) Modification of on-site hazardous waste facility permit in which the application is for new 

treatment, storage, or disposal methods or units which are significantly different from those 

permitted. 

(8) Renewal of a hazardous waste treatment, storage or disposal permit. 

(9) Hazardous waste transfer station plan approval. 

15 
(10) Hazardous waste transfer station plan modification involving increase in approved 

capacity. 

( 11) Variance which is not part of a permit application. 

(12) Variance which is part of a Tier II permit application. 

( 13) New RCRA standardized permits or significant changes to existing RCRA standardized 

permits in accordance with 40 CFR 124.211. 

252:4-7-54. Hazardous waste management applications- Tier III 

The following hazardous waste management authorizations require Tier III applications. 

( 1) Off-site hazardous waste treatment, storage, disposal, incineration and/ or recycling permit. 

(2) Modification of an off-site hazardous waste facility permit for a fifty percent (50%) or 

greater increase in permitted capacity for storage, treatment, and/or disposal, including 

incineration. 

(3) Modification of an off-site hazardous waste facility permit for an expansion of permitted 

boundaries. 

( 4) Modification of off-site hazardous waste facility permit in which the application is for new 

treatment, storage, or disposal methods or units which are significantly different from those 

permitted. 

( 5) Variance which is part of a Tier III application. 

252:4-7-55. Radiation management applications- Tier I 

The following radiation management authorizations require Tier I applications: 

(1) New, amended and renewed operating permits for radiation machines; 

(2) New, amended and renewed permits for x-ray fluorescence spectroscopy instruments used 

to detect lead in paint; 

(3) New and renewed specific licenses under the state agreement program not classified under 

Tiers II or III; 

( 4) Industrial radiography certifications; 

( 5) Approvals of license termination plans that require no decommissioning or remediation; 

( 6) Decommissioning and remediation plans required for remediation due to the use, storage or 

disposal of one or more radioactive materials with a half-life of 120 days or less; 

(7) DEQ approvals of documentation showing residual radioactivity levels for a site or property 

are within acceptable limits as set by Chapter 41 0; 

(8) Minor amendments of all authorizations classified under Tiers I, II or III; and 

(9) Major amendments of all authorizations classified under Tier I. 

252:4-7-56. Radiation management applications- Tier II 

The following radiation management authorizations require Tier II applications: 

(1) Decommissioning and remediation plans required for on-site remediation due to the use, 

storage or disposal of one or more radioactive materials with a half-life of more than 120 days, 

except for those facilities described in 252:4-7-57(3)(A); 

(2) New or renewed permits for the non-commercial treatment or disposal of radioactive waste, 

generated by the applicant, by incineration or the amendment of the incinerator permit for a 

capacity increase or for any expansion beyond permitted boundaries for the purpose of expanding 

operations or storage; and 

(3) Major amendments of all authorizations classified under Tier II. 

252:4-7-57. Radiation management applications- Tier III 

The following radiation management authorizations require Tier III applications: 

(1) New or renewed permits for the land disposal oflow-level radioactive waste received from 

others and the major amendment thereof; 

(2) New or renewed permits for the commercial treatment or disposal of radioactive waste by 

incineration and the major amendment thereof; and 

(3) Decommissioning and remediation plans and the major amendment thereof: 

(A) for nuclear fuel cycle facilities or facilities and sites involved in the manufacturing or 

16 
processing of licensed quantities of radioactive materials; and 

(B) for sites that require both on- and off-site remediation due to the use, storage or disposal 

of one or more radioactive materials with a half-life of more than 120 days. 

252:4-7-58. Solid waste management applications- Tier I 

The following solid waste management authorizations require Tier I applications. 

( 1) New permits. 

(A) Locally approved solid waste transfer stations. Permit for a solid waste transfer 

station that, prior to application filing, received county commissioner approval according to 

27A O.S. § 2-10-307. 

(B) Biomedical waste transfer stations using only sealed containers. Biomedical 

waste transfer station permit when activities are limited to: 

(i) consolidation of sealed containers; and/or 

(ii) transfer of sealed containers from one vehicle or mode of transportation to another. 

(C) Disaster relief. Emergency authorization for waste disposal resulting from a natural 

disaster. 

(2) Modifications. 

(A) All facilities. 

(i) Modification of a solid waste permit to add methods, units or appurtenances for 

liquid bulking processes; yard waste composting; recycling operations; waste screening; 

or baling, chipping, shredding or grinding equipment or operations. 

(ii) Modification to any solid waste permit to make minor changes. 

(iii) Modification of plans for closure and/or post-closure. 

(iv) Administrative modification of all permits and other authorizations. 

(B) On-site and off-site land disposal facilities. Modification of an existing land 

disposal permit for a lateral expansion within permitted boundaries. 

(C) Capacity increases of less than 25% with exceptions. The modification of a solid 

waste permit, excluding incineration permits, involving a request for less than twenty-five 

percent (25%) increase in permitted capacity for storage, processing or disposal when the 

request is for equivalent methods, units or appurtenances as those permitted and which does 

not involve expansions of permitted boundaries. 

(3) Plans and other authorizations. The approval of new and when applicable, modified or 

renewed: 

(A) Plans for composting of yard waste only. 

(B) Permit transfers. 

(C) Non-hazardous industrial solid waste disposal plans. 

(D) Technical plans. 

(E) County solid waste management plans. 

(F) Individual authorizations under a general permit. 

(G) All other administrative approvals required by solid waste rules. 

252:4-7-59. Solid waste management applications- Tier II 

The following solid waste management authorizations require Tier II applications. 

( 1) New permits. 

(A) On-site solid waste processing facilities with exception. Permit for an on-site solid 

waste processing facility except yard waste composting as listed under Tier I. 

(B) Solid waste transfer stations with exceptions. Permit for a solid waste transfer 

station except: 

(i) a transfer station permit with county commissioner approval as listed under Tier I, 

or 

(ii) a biomedical waste transfer station permit listed under Tier I. 

(C) On-site incinerators with exceptions. Permit for an on-site incinerator except those 

exempt under solid waste rules or those that have an approved Air Quality permit or Solid 

Waste Management Plan. 

17 
(D) On-site land disposal sites. Permit for an on-site solid waste disposal site. 

(E) Material Recovery Facility (MRF). Permit for a Material Recovery Facility if 

waste is not source-separated. 

(2) Modifications. 

(A) All facilities. Modification of a permit for a change in waste type. 

(B) On-site facilities. Any modification of an on-site solid waste permit, except as listed 

under Tier I. 

(C) Off-site facilities. 

(i) Modification of any off-site solid waste permit involving a request for more than 

twenty-five percent (25%) but less than fifty percent (50%) increase in permitted capacity 

for storage, processing or disposal (excluding incineration) when the request is for 

equivalent methods, units or appurtenances as those permitted, except those listed under 

Tier I. 

(ii) Modification of any off-site processing facility involving an expansion of permitted 

boundaries. 

(D) Incinerators. 

(i) Modification of an on-site incinerator permit for any increase in permitted capacity 

for storage, processing, or disposal. 

(ii) Modification of an off-site incinerator permit involving a request for increases less 

than fifty percent (50%) in permitted capacity for storage, processing, or disposal when 

the request is for equivalent methods, units or appurtenances as those permitted. 

(3) General permit. New, modified or renewed general permit. 

252:4-7-60. Solid waste management applications- Tier III 

The following solid waste management authorizations require Tier III applications. 

( 1) New permits. 

(A) Off-site processing facilities with exceptions. Permit for an off-site processing 

facility, unless otherwise specified in Tier I or Tier II. 

(B) Off-site land disposal facility. Permit for an off-site solid waste land disposal site. 

(C) Off-site incinerator. Permit for an off-site incinerator. 

(2) Modifications. 

(A) Off-site facilities: significant increase in capacity. Modification of any off-site 

solid waste permit involving a fifty percent (50%) or greater increase in permitted capacity 

for storage, processing, and/or disposal, including incineration. 

(B) Off-site land disposal facility. Modification of an off-site solid waste land disposal 

permit for an expansion of permitted boundaries. 

(C) Off-site facilities: different methods, units or appurtenances. Modification of an 

off-site solid waste permit in which the request involves different methods, units or 

appurtenances than those permitted, except those listed under Tier I. 

(3) Variance approvals. All variances. 

252:4-7-61. Brownfields applications- Tier I [REVOKED] 

252:4-7-62. Brownfields applications- Tier II [REVOKED] 

252:4-7-63. Brownfields applications- Tier III [REVOKED] 

PART 7. WATER QUALITY DIVISION TIERS AND TIME LINES 

252:4-7-71. Water quality time lines 

The Water Quality Division shall technically review applications and issue or deny permits 

within the following periods of time: 

( 1) Discharges, 401 Certifications, industrial wastewater other than discharge, pretreatment trust 

users, and sludge management plan - 180 days; 

18 
(2) Public water supply and water pollution control construction - 90 days; and 

(3) UIC applications - 300 days. 

252:4-7-72. Laboratory certification applications- Tier I 

A Tier I application shall be required for a new, modified, amended or renewed laboratory 

certification. 

252:4-7-73. Water quality applications- Tier I 

The following water quality authorizations require Tier I applications. 

(1) Permit for flow-through impoundment(s) as part of the pretreatment process. 

(2) Permit renewal for a facility with an expiring permit for industrial non-discharging 

impoundment or industrial septic tank system. 

(3) Permit renewal for an expiring permit with minor or no change(s) for land application of 

sludge and/or reclaimed water for same site. 

( 4) New, modified or renewed authorization under a general permit. 

( 5) Approval of new pretreatment program. 

( 6) Closure plan approval. 

(7) Certifications issued pursuant to Section 401 of the Clean Water Act. 

(8) Approval of exemption for water line extensions. 

(9) Approval of exemption for water distribution, water reuse distribution and wastewater 

collection systems. 

(10) Approval for alternative individual on-site sewage treatment systems. 

(11) Approval for alternative small public on-site sewage treatment systems. 

(12) Residential development approval. 

(13) Transfer of discharge permit. 

(14) Minor modification of discharge permit. 

( 15) Modification of an existing individual municipal permit for land application ofbiosolids 

and/ or reclaimed water. 

(16) Modification of or addition to an existing permitted municipal wastewater treatment 

system (including sewer line extensions). 

( 17) Modification of or addition to an existing permitted public water supply treatment and/ or 

distribution system (including line extensions). 

(18) Modification of or addition to an existing permitted water reuse treatment and/or 

distribution system (including line extensions). 

(19) Modification of or addition to an existing permitted industrial non-discharging 

impoundment, industrial septic tank system, and/or industrial wastewater treatment system. 

(20) Modification of an approved pretreatment program. 

(21) Administrative amendment of permits or other authorizations for the correction of 

administrative or typographical errors. 

(22) New, modified or renewed individual categorical or significant industrial user 

pretreatment permit. 

(23) Modification of or addition of impoundment(s) to an existing permitted industrial 

wastewater treatment system. 

252:4-7-74. Water quality applications- Tier II 

The following water quality authorizations require Tier II applications. 

(1) Permit to construct a new municipal wastewater treatment, and/or collection system, 

excluding line extensions. 

(2) Permit to construct a new public water supply treatment and/ or distribution system, excluding 

water line extensions. 

(3) Permit to construct a new water reuse treatment and/or distribution system, excluding line 

extensions. 

( 4) New discharge permit for minor facility. 

( 5) Individual storm water permit. 

( 6) New permit for industrial non-discharging impoundment, industrial septic tank, or industrial 

19 
wastewater system. 

(7) New individual permit for land application of sludge, biosolids and/or reclaimed water. 

(8) Permit renewal for a facility with expiring discharge permit. 

(9) Permit renewal for a facility with expiring individual storm water discharge permit. 

( 1 0) Variance including thermal components of effluent limitations for an individual discharge 

permit. 

(11) Major modification of discharge permit. 

(12) Modification of an individual industrial permit for land application of sludge and/or 

wastewater. 

(13) New, modified or renewed general permit. 

252:4-7-75. Water quality applications- Tier III 

A new discharge permit for a major facility requires a Tier III application. 

252:4-7-76. UIC applications-Tier I 

The following underground injection control authorizations require Tier I applications. 

( 1) Minor modification of a permit for Class I, III, and V wells in accordance with 40 CFR § 

144.41. 

(2) Modification of an approved closure and/or post-closure plan for a Class I hazardous waste 

injection well. 

(3) Modification of an approved plugging and abandonment plan for Class I nonhazardous and 

Class III injection wells. 

( 4) Modification of an approved corrective action plan for a Class I injection well. 

(5) Emergency permit in accordance with 40 CFR § 144.34. 

(6) Minor administrative modification of all permits and other authorizations. 

252:4-7-77. UIC applications- Tier II 

The following underground injection control authorizations require Tier II applications. 

(1) On-site Class I nonhazardous waste injection well permit. 

(2) Class III and V injection well permits except Class V permits issued under Tier III. 

(3) Modification and/or renewal of all DEQ-issued underground injection control well permits. 

( 4) Work plan authorizations for the construction and testing of geological reconnaissance test 

wells intended to demonstrate compliance with UIC siting criteria. 

252:4-7-78. UIC applications- Tier III 

The following underground injection control authorizations require Tier III applications. 

(1) Class I hazardous waste injection well permit. 

(2) Off-site Class I nonhazardous waste injection well permit. 

(3) Class V industrial waste injection well permit. 

Section 

SUBCHAPTER 9. ADMINISTRATIVE PROCEEDINGS 

PARTl. ENFORCEMENT 

252:4-9-1. Notice ofViolation ("NOV") 

252:4-9-2. Administrative compliance orders 

252:4-9-3. Determining penalty 

252:4-9-4. Assessment orders 

252:4-9-5. Considerations for self-reporting of noncompliance 

252:4-9-31. 

252:4-9-32. 

PART 3. INDIVIDUAL PROCEEDINGS 

Individual proceedings filed by DEQ 

Individual proceedings filed by others 

20 
252:4-9-33. 

252:4-9-34. 

252:4-9-35. 

252:4-9-36. 

252:4-9-37. 

252:4-9-38. 

252:4-9-39. 

252:4-9-40. 

252:4-9-41. 

252:4-9-42. 

252:4-9-43. 

252:4-9-44. 

252:4-9-45. 

252:4-9-46. 

252:4-9-51. 

252:4-9-52. 

252:4-9-53. 

252:4-9-54. 

Scheduling and notice ofhearings 

Administrative Law Judges and Clerks 

Service 

Responsive pleading 

Prehearing conferences 

Discovery 

Subpoenas 

Record 

Motions 

Continuances 

Summary judgment 

Default 

Withdrawal and dismissal 

Orders in administrative hearings 

PART 5. AIR QUALITY ADVISORY COUNCIL HEARINGS 

In general 

Individual proceedings 

Variance 

State implementation plan hearings 

PARTl. ENFORCEMENT 

252:4-9-1. Notice of Violation ("NOV") 

Unless otherwise provided by the particular enabling legislation, administrative enforcement 

proceedings shall begin with a written notice of violation (NOV) being served upon the Respondent. 

The NOV shall set forth Respondent's action or omission and the specific provision of the Code, 

rules, license or permit alleged to be violated. An NOV may be a letter, inspection sheet, consent 

order or final order, if it meets the requirements of this Section. 

252:4-9-2. Administrative compliance orders 

(a) When issued. The Executive Director, upon the request of a Division, may issue an 

administrative order requiring compliance, assessing penalties for past violations and specifYing 

penalties for continuing noncompliance. 

(b) Contents. An administrative compliance order shall specify the findings of fact and conclusions 

of law upon which it is based and shall set a time for the Respondent to comply. The Order shall 

specifY the penalty, not to exceed the statutory maximum per day of noncompliance, to be assessed 

in the event that the Respondent fails to comply with the Order within the prescribed time, and, if 

applicable, the penalty assessed for past violations of the Code, rules, or licenses or permits. The 

Order shall advise the Respondent that it shall become final unless an administrative hearing is 

requested in writing in accordance with 252:4-9-32 within fifteen (15) days of service of the Order. 

(c) Service. An Order shall be served in accordance with 252:4-9-35. 

(d) Order following hearing. Based on the hearing and record, a proposed order will be sustained, 

modified, or dismissed by the Executive Director. If the hearing process extends beyond any 

compliance deadline specified in the Order, fines specified in the Order for violations of the Order 

will continue to accrue during the hearing process unless the Administrative Law Judge stays the 

penalty upon request for good cause shown. 

252:4-9-3. Determining penalty 

In determining the amount of penalty specified in an administrative penalty order, the DEQ may 

consider the following: 

(1) the factors specified by 27A O.S. § 2-3-502(K)(2); and 

(2) the extent and severity of environmental degradation or adverse health effects caused by the 

21 
violation. 

252:4-9-4. Assessment orders 

(a) Issuance of assessment order. Any time the DEQ believes the Order has been violated, the 

Executive Director may issue an order assessing an administrative penalty pursuant to 27 A O.S. § 

2-3-502. In determining an appropriate administrative penalty, the Executive Director may consider 

Respondent's efforts to comply after being served with the Order. 

(b) Content of assessment orders. An assessment order must state the nature and period of the 

violation and must determine the amount of the fine. The fine is due and payable immediately upon 

issuance of the assessment order, unless a hearing is requested within seven (7) days. See also 27 A 

O.S. § 2-3-502. 

(c) Continuing violations. If the DEQ believes that violations of the administrative compliance or 

penalty order continue after the issuance of an assessment order, the Executive Director may issue 

additional assessment orders covering periods of violation since the period covered by the issuance 

of a previous assessment order. 

252:4-9-5. Considerations for self-reporting of noncompliance 

(a) Conditions for not seeking administrative and civil penalties. Except in the case ofhabitual 

noncompliance or as otherwise provided in this section, in evaluating an enforcement action for a 

regulated entity's failure to comply with DEQ rules, the DEQ will not seek an administrative or civil 

penalty when the following circumstances are present: 

( 1) The regulated entity voluntarily, promptly and fully discloses the apparent failure to comply 

with applicable state environmental statutes or rules to the appropriate DEQ Division in writing 

before the Division learns of it or is likely to learn of it imminently; 

(2) The failure is not deliberate or intentional; 

(3) The failure does not indicate a lack or reasonable question of the basic good faith attempt 

to understand and comply with applicable state environmental statutes or rules through 

environmental management systems appropriate to the size and nature of the activities of the 

regulated entity; 

( 4) The regulated entity, upon discovery, took or began to take immediate and reasonable action 

to correct the failure (i.e., to cease any continuing or repeated violation); 

( 5) The regulated entity has taken, or has agreed in writing with the appropriate Division to take, 

remedial action as may be necessary to prevent recurrence of such failure. Any action the 

regulated entity agrees to take must be completed; 

( 6) The regulated entity has addressed, or has agreed in writing with the appropriate Division 

to address, any environmental impacts of the failure in an acceptable manner; 

(7) The regulated entity has not realized and will not realize a demonstrable and significant 

economic or competitive advantage as a result of non-compliance; and 

(8) The regulated entity cooperates with the DEQ as the DEQ performs its duties and provides 

such information as the DEQ reasonably requests to confirm the entity's compliance with these 

conditions. 

(b) Partial qualification. Notwithstanding the failure of a regulated entity to meet all of the 

conditions in subsection a of this section, the DEQ will consider the nature and extent of such actions 

of the regulated entity in mitigation of any administrative or civil penalty otherwise appropriate. If 

the regulated entity meets all conditions in subsection (a) of this section except item seven (7) 

relating to significant economic or competitive advantage, the DEQ will seek an administrative or 

civil penalty only to the extent of the economic or competitive advantage gained. 

(c) Relationship to federal/state agreements. In the event of any conflict, the elimination or 

mitigation of penalties pursuant to subsections (a) and (b) of this section is subject to agreements 

between the DEQ and the United States Environmental Protection Agency (USEP A) relating to 

regulatory program delegation or authorization from the USEPA to the DEQ. 

(d) Applicability. This section applies to all enforcement cases arising from violations discovered 

by or brought to the attention of the DEQ after June 2, 1997. 

22 
PART 3. INDIVIDUAL PROCEEDINGS 

252:4-9-31. Individual proceedings filed by DEQ 

(a) Initiation. Individual proceedings may be initiated by DEQ program areas by filing an 

administrative compliance or penalty order with the Administrative Law Clerk. 

(b) Content. Each order shall name the Respondent( s ), contain a brief statement of the facts, refer 

to the specific provision of the Code, rules, license or permit alleged to be violated, state the relief 

requested and include notice to the Respondent( s) of the opportunity to request an administrative 

hearing. 

(c) Style. The style of the case shall be in accordance with the format in Appendix D. 

252:4-9-32. Individual proceedings filed by others 

(a) Request for administrative hearing in response to Order. A request for an individual 

proceeding initiated by the Respondent named in an Order shall be in writing and shall specifically 

set forth the Respondent's objections to the Order. 

(b) Administrative hearing on Tier III permits. An individual proceeding on a proposed permit 

for a Tier III application maybe requested in accordance with 27A O.S. § 2-14-304(C)(1). 

(c) Style. The style of the case shall be in accordance with the format in Appendix D. 

(d) Content. All requests for individual proceedings must be in writing, contain a brief statement 

of the basis of the request and the name and address of each requester, and be signed by the requester 

or an authorized representative. 

(e) Declaratory ruling. Any person who alleges that any DEQ rule or order interferes with or 

impairs, or threatens to interfere with or impair, his/her legal rights may petition the DEQ, formally 

requesting a declaratory ruling on the applicability of the rule or order. After the petition is filed, 

the DEQ shall provide a copy to the Board. 

( 1) Time. Any person who requests a declaratory ruling on the applicability of an order must file 

the petition within twenty (20) working days of receipt of the order. 

(2) Form and content of petition. All petitions shall be in writing and filed with the 

Administrative Law Clerk. The petition shall include the information and follow the format in 

Appendix B. 

(3) Determination. Petitions for declaratory rulings shall be decided by the DEQ. Rulings shall 

state the findings of fact and conclusions oflaw upon which they are based. If the DEQ refuses 

to make a ruling or begin an individual proceeding within 30 days, the petition shall be deemed 

to have been denied. If the DEQ begins an individual proceeding on the petition, it shall offer 

an opportunity for a hearing to the petitioner. After the DEQ issues a ruling or the Executive 

Director issues a final order, the DEQ shall provide a copy of the ruling or final order to the 

Board at its next available meeting. 

( 4) Mailing. The DEQ shall mail a copy of the ruling or final order to the petitioner. 

252:4-9-33. Scheduling and notice of hearings 

The DEQ shall schedule an administrative hearing after receipt of a proper and timely request. 

The Administrative Law Clerk shall notify the parties of the date, time and place of the hearing. 

Notice shall satisfy the requirements of the AP A and shall be made at least fifteen ( 15) days prior 

to the hearing unless otherwise provided by law or agreed by the parties. 

252:4-9-34. Administrative Law Judges and Clerks 

(a) Administrative Law Judge. The Executive Director may designate an Administrative Law 

Judge for any administrative hearing in accordance with 27A O.S. § 2-3-103. Administrative Law 

Judges shall not have had prior involvement in the matter other than as an Administrative Law 

Judge, unless the parties waive this requirement. 

(b) Administrative Law Clerk. The Executive Director may designate an Administrative Law 

Clerk to maintain the administrative hearing dockets and records, and perform such other duties as 

described in this Chapter or incidental thereto. 

(c) Authority. Administrative Law Judges have complete authority to conduct individual 

23 
proceedings and may take any action consistent with the AP A and the rules of this subchapter. 

Administrative Law Judges may: 

(1) arrange and issue notice of the date, time and place of hearings and conferences; 

(2) establish the methods and procedures to be used in the presentation of the evidence; 

(3) hold conferences to settle, simplifY, determine, or strike any of the issues in a hearing, or to 

consider other matters that may facilitate the expeditious disposition of the hearing; 

( 4) administer oaths and affirmations; 

( 5) regulate the course of the hearing and govern the conduct of participants; 

( 6) examine witnesses; 

(7) rule on, admit, exclude and limit evidence, at or before hearings; 

(8) establish the time for filing motions, testimony, and other written evidence, briefs, findings, 

and other submissions, and hold the record open for such purposes; 

(9) rule on motions and pending matters; 

(10) divide the hearing into stages or join claims of parties whenever the number of parties is 

large or the issues are numerous and complex; 

( 11) restrict attendance by persons not parties to the hearing in appropriate cases; 

(12) admit attorneys from other jurisdictions to practice law before the DEQ in accordance with 

Rules of the Oklahoma Bar Association, 5 O.S. Chapter 1, Appendix 1, Article II, § 5, and 

administer the oath required by 5 O.S. § 2. 

(13) require briefs on any relevant issues; 

( 14) request proposed findings of fact, conclusions oflaw and a proposed order from all parties; 

and 

(15) restrict testimony to the facts alleged in an assessment order. 

(d) Technical assistance. At the request of the Administrative Law Judge, the Executive Director 

may designate a DEQ representative, who has had no assigned responsibilities related to the matter 

at issue, to serve as technical adviser to the Administrative Law Judge. 

252:4-9-35. Service 

(a) Generally. Service shall be made in accordance with the Oklahoma Pleading Code, 12 O.S. § 

2001 et seq., and 27 A O.S. § 2-3-502 unless otherwise allowed by this section. 

(b) By the DEQ. Where the DEQ is serving notice, personal service may be made by a person 

designated by the Executive Director for that purpose. 

(c) By certified mail. Service by certified mail shall be effective on the date of receipt or, if refused, 

on the date of refusal by the Respondent. 

252:4-9-36. Responsive pleading 

A Respondent may file, and the Administrative Law Judge may direct a Respondent to file, a 

responsive pleading to the initiated action. 

252:4-9-37. Prehearing conferences 

(a) General. The Administrative Law Judge may schedule and conduct prehearing conferences as 

necessary. The Administrative Law Clerk shall notifY the parties of the scheduling of a pre hearing 

conference. The Administrative Law Judge may hold a prehearing conference by telephone. On 

request, prehearing conferences shall be on the record. 

(b) Subjects. Prehearing conferences may address: 

( 1) identification and simplification of issues, including the elimination of frivolous claims or 

defenses; 

(2) amendments to the pleadings; 

(3) the plan and schedule of discovery and limitations to be placed thereon; 

( 4) identification of admissions of fact to avoid unnecessary proof and cumulative evidence; 

( 5) the identification of witnesses and substance of testimony, exhibits, and documents; 

( 6) the use of pre hearing briefs and pre filed testimony in the form of sworn affidavits; 

(7) settlement of all or some of the issues before the hearing; 

(8) adoption of special procedures for managing potentially difficult or protracted actions that 

24 
may involve complex issues, multiple parties, novel or difficult legal questions, or evidence 

problems; 

(9) scheduling; and 

(10) such other matters as may aid disposition. 

(c) Schedules and orders. A pre hearing conference may result in a scheduling or other pre hearing 

order. Subsequent changes to any prehearing or scheduling order may be made by the 

Administrative Law Judge by modifying the order upon good cause shown. 

252:4-9-38. Discovery 

Discovery shall be conducted in accordance with the Oklahoma Discovery Code ( 12 0. S. § 3 224 

et seq.) unless otherwise ordered by the Administrative Law Judge for good cause. 

252:4-9-39. Subpoenas 

(a) Issuance. Subpoenas for the attendance of witnesses, the furnishing of information required by 

the Administrative Law Judge and the production of evidence shall be issued in accordance with the 

AP A and the Oklahoma Pleading Code. 

(b) Failure to obey. The Executive Director may seek an appropriate judicial order to compel 

compliance by persons who fail to obey a subpoena, who refuse to be sworn or make an affirmation 

at a hearing, or who refuse to answer a proper question during a hearing. The hearing may proceed 

despite any such refusal but the Administrative Law Judge may, in his/her discretion at any time, 

continue the proceedings as necessary to secure a court ruling. 

252:4-9-40. Record 

(a) To be made. A record of the hearing shall be made, which shall be a tape recording unless 

otherwise agreed by the parties and the Administrative Law Judge. The recording will not be 

transcribed as a matter of course. A transcript may be obtained by submitting a written request to 

the Administrative Law Clerk and tendering payment in an amount sufficient to pay the cost of 

having the recording transcribed. 

(b) Court reporter. A party may request a court reporter. The requesting party shall pay the costs, 

and the original transcript shall be filed in the case file as part of the record in the case. Each person 

or party requesting copies shall make arrangements with the reporter and pay the costs. 

(c) Maintained. The record of a proceeding and the file containing the notices and the pleadings 

will be maintained by the Administrative Law Clerk. All pleadings, motions, orders and other papers 

submitted for filing in a proceeding shall be date/file stamped by the Administrative Law Clerk upon 

receipt. The burden of showing substantial prejudice by any failure to correctly file-stamp any 

submittal shall be upon the asserting party. 

(d) Contents. The administrative record of all individual proceedings shall contain documents 

required by the APA, 75 O.S. § 309. An individual proceeding on a proposed permit for a Tier III 

application shall also include the following: 

(1) the permit application on file with the DEQ, as amended; 

(2) all written comments received during the public comment period; 

(3) the tape or transcript of the public meeting; 

( 4) documents resulting from the DEQ's review of the permit application and public comments; 

(5) the draft permit, fact sheet and response to comments, if any, issued by the DEQ; and 

( 6) all published notices. 

252:4-9-41. Motions 

(a) Filing. All requests for action in a matter already before the DEQ shall be made in a motion, 

signed by the party or his/her attorney, and filed with the Administrative Law Clerk. 

(b) Service. Copies of motions shall be served on other parties in accordance with 252:4-9-35. 

(c) Response. Within fifteen (15) days after service of any written motion, any party to the 

proceedings may file a response to the motion. The time for response may be extended or shortened 

by the Administrative Law Judge for good cause shown. 

25 
252:4-9-42. Continuances 

A motion for an extension or continuance shall state the reasons for the request and specify the 

length of time requested. Unless made before the Administrative Law Judge in open hearing, 

motions for extensions of time or for a continuance of the hearing to another date or time shall be 

in writing and filed with the Administrative Law Clerk. The Administrative Law Judge shall 

promptly grant or deny such request at his/her discretion. If the motion is denied, it may be renewed 

orally by the party at the hearing. 

252:4-9-43. Summary judgment 

The Administrative Law Judge may grant a motion for summary judgment, subject to 252:4-9-

46. 

252:4-9-44. Default 

(a) Generally. Any Respondent who fails to appear, after receipt of notice, may be determined to 

have waived the right to appear and present a defense. A Final Order may be issued by the Executive 

Director granting the relief requested by default. 

(b) Tier III application. The Executive Director may enter a default judgment against any party 

who fails to participate in an administrative hearing on a proposed permit for a Tier III application. 

252:4-9-45. Withdrawal and dismissal 

Parties may withdraw from a case and cases may be dismissed by the Administrative Law Judge 

in accordance with the Oklahoma Code of Civil Procedure. 

252:4-9-46. Orders in administrative hearings 

Proposed and final orders in administrative hearings shall be prepared and issued in accordance 

with the AP A. 

PART 5. AIR QUALITY ADVISORY COUNCIL HEARINGS 

252:4-9-51. In general 

The Air Quality Advisory Council is authorized to conduct individual proceedings on requests 

for a variance from the Oklahoma Clean Air Act, 27A O.S. §§ 2-5-101 through 2-5-118, or the Air 

Pollution Control Rules, OAC 252:100. 

252:4-9-52. Individual proceedings 

Individual proceedings before the Air Quality Advisory Council will be conducted in accordance 

with the requirements in Part 3 of this Subchapter. The Council may designate an Administrative 

Law Judge for individual proceedings to be held before the Council. 

252:4-9-53. Variance 

It is within the discretion of the Air Quality Advisory Council to decide whether or not an 

individual proceeding is necessary in granting a variance. 

252:4-9-54. State implementation plan hearings 

A state implementation plan (SIP) hearing may be initiated by an applicant for an alternative 

emissions reduction authorization under 252:100-11 by filing a request for a SIP hearing with the 

Administrative Law Clerk. A request that the hearing be conducted by the Air Quality Advisory 

Council must be included in the request for hearing. Additional requirements for a SIP hearing 

request are contained in 252:100-11-6. 

SUBCHAPTER 11. COMPLAINT PROCESSING 

Section 

252:4-11-1. Purpose 

26 
252:4-11-2. 

252:4-11-3. 

252:4-11-4. 

252:4-11-5. 

252:4-11-6. 

Receipt of complaints 

Investigation 

Notification 

Referral of complaints 

False complaint 

252:4-11-1. Purpose 

This Subchapter establishes procedures used to process environmental complaints received from 

the public. 

252:4-11-2. Receipt of complaints 

(a) Complaints may be made by any of the following: 

(1) the toll-free hotline; 

(2) mail, including electronic transmission; 

(3) telephone to any DEQ telephone number; or 

(4) in person at any office of the DEQ. 

(b) Complainants may request to be anonymous or to remain confidential. 

252:4-11-3. Investigation 

After receipt of a complaint, the DEQ may assign an investigator to obtain any information 

which may tend to prove there has or has not been a violation of the Code or rules, who the 

potentially responsible persons are, and any other information which may be needed to resolve the 

complaint. 

252:4-11-4. Notification 

(a) Potential actions. Within two (2) working days of receipt of a complaint, the DEQ shall notifY 

the complainant of the potential actions which may occur to resolve the complaint. 

(b) Course of action. Within seven (7) working days of the receipt of a complaint, the DEQ shall 

notifY the complainant, in writing, of the action to be taken by the DEQ. 

(c) Final letter. Within seven (7) working days of determining that there is no longer a DEQ 

violation, the DEQ shall notify the complainant in writing. 

(d) Enforcement. Complainants shall be notified of enforcement actions taken in response to a 

complaint in accordance with 27A O.S. § 2-3-503. 

252:4-11-5. Referral of complaints 

(a) To appropriate agency. If the DEQ receives a complaint for which DEQ has no authority and 

which clearly falls within the jurisdiction of another governmental entity, the complaint shall be 

referred to that governmental entity. 

(b) To mediation. DEQ may notify a complainant and persons named in the complaint 

(Respondents), by mail, of the opportunity to mediate the complaint in accordance with 27A O.S. 

§ 2-3-104. 

252:4-11-6. False complaint 

When the DEQ has a reasonable suspicion that a complainant has filed a false complaint, the 

Executive Director may refer all investigation materials, including but not limited to, reports, notes, 

initial data collection forms and letters to the District Attorney's office in the area where the 

complainant resides. 

Section 

252:4-13-1. 

252:4-13-2. 

252:4-13-3. 

SUBCHAPTER 13. ENVIRONMENTAL EDUCATION GRANTS 

Authority and eligibility 

Amount of grants 

Criteria 

27 
252:4-13-4. 

252:4-13-5. 

252:4-13-6. 

252:4-13-7. 

252:4-13-8. 

252:4-13-9. 

252:4-13-10. 

252:4-13-11. 

252:4-13-12. 

Application 

Cover page 

Letter of commitment 

Summary of project 

Time line 

Budget 

Evaluation procedure 

Final written report 

Shared strategies 

252:4-13-1. Authority and eligibility 

(a) Authority. This subchapter is adopted pursuant to 75 O.S. § 302, 27A O.S. § 2-2-101,47 O.S. 

§ 1104.2 and Executive Order 98-37. 

(b) Eligibility. Oklahoma teachers and youth group leaders are eligible to apply for environmental 

education grants provided by the DEQ. 

252:4-13-2. Amount of grants 

The DEQ will award the following amounts to successful applicants: 

(1) Up to and including$ 200.00 for field trips; 

(2) Up to and including$ 500.00 for environmental education projects; and 

(3) Up to and including $1000.00 for outdoor classrooms. 

252:4-13-3. Criteria 

The following will be considered by the DEQ in determining grant awards: 

(1) Project proposed, including how the project accomplishes the following factors: 

(A) Promotes enthusiasm to learn more about the environment; 

(B) Fits in the school curriculum or youth group program; 

(C) Involves community partnerships and/or outreach, if applicable. 

(2) Number of students/youth participating; 

(3) Grade level of students/youth; and 

( 4) Geographic location. 

252:4-13-4. Application 

(a) Complete application. A complete application consists of a cover page, a letter of commitment, 

a summary of the project, a projected timeline, a proposed budget and a procedure for evaluation of 

the project. 

(b) Attachments. Photographs, clippings, diagrams and other graphic materials, not to exceed five 

( 5) pages double sided, may be attached to the application. 

(c) Document submission. An original and two (2) copies, double sided, of the application and 

attachments must be submitted to the DEQ, date-stamped or postmarked on or before the published 

deadline. The DEQ will not accept applications submitted by telecopy/facsimile or e-mail. 

252:4-13-5. Cover page 

The cover page must include the following information: 

(1) Title of the project; 

(2) Name of contact person, position held and relationship to project; 

(3) Name of school or youth group organization; 

(4) Grade level(s) and number ofyouth targeted; 

(5) Federal Employer Identification number (tax ID#); 

(6) Street address; 

(7) Mailing address, if different from street address; 

(8) E-mail address, if any; 

(9) Daytime and evening telephone numbers; and 

(10) Telecopy/facsimile number, if any. 

28 
252:4-13-6. Letter of commitment 

The grant application must be accompanied by a letter from the applicant's principal or 

supervisor stating the organization's support for the performance of the grant objectives. 

252:4-13-7. Summary of project 

The applicant must submit a project summary, with a maximum length of one page, double 

sided. The project summary shall include the following: 

(1) Synopsis. Provide one paragraph summarizing the project; 

(2) Description. Give a clear concise description of the proposed project, indicating how the 

project promotes enthusiasm to learn more about the environment, fits in the school curriculum 

or youth group program and involves community partnerships and/or outreach, if applicable; 

(3) Goals and objectives. Clearly define realistic goals and objectives. Include information 

outlining where these goals address specific needs. 

( 4) Implementation. Describe how the project will be implemented and whether it emphasizes 

a hands-on learning approach. Include the project's potential for broad implementation. 

252:4-13-8. Timeline 

The applicant must present target dates for project objectives. 

252:4-13-9. Budget 

The applicant must provide an itemized budget with specific project expenditures of grant funds. 

252:4-13-10. Evaluation procedure 

The applicant must provide a description of the methods to be used to measure project 

effectiveness, including how the evaluation method will improve the project's strength. The 

applicant must indicate in the evaluation method how the project will be continued after grant funds 

are expended. 

252:4-13-11. Final written report 

Applicants who are awarded environmental education grants under this subchapter shall submit 

a final written report, outlining accomplishments of the grant objectives and expenditures on or 

before December 15 following the award. 

252:4-13-12. Shared strategies 

Strategies from applicants who are awarded environmental education grants under this 

Subchapter will become the property of the Environmental Quality Education Committee and may 

be shared with other interested environmental educators. 

Section 

252:4-15-1. 

252:4-15-2. 

252:4-15-3. 

252:4-15-4. 

SUBCHAPTER 15. LOCAL PROJECT FUNDING 

Purpose, authority and applicability 

Criteria 

Proposals 

Funding 

252:4-15-1. Purpose, authority and applicability 

(a) Purpose. The purpose of this Subchapter is to implement Executive Order 98-37, mandating 

state agencies to establish criteria for local project funding contracts. 

(b) Authority. This Subchapter is adopted pursuant to 75 O.S. § 302, 27A O.S. § 2-2-101 and 

Executive Order 98-37. 

(c) Applicability. The rules in this Subchapter apply to any private entity, political subdivision, and 

unit of local government, including municipal and county governments and school districts. 

29 
252:4-15-2. Criteria 

(a) The DEQ will consider the following criteria in determining funding priorities for local projects: 

( 1) Criteria established by relevant statutory authority; and 

(2) Criteria established by rules adopted for the specific Division pursuant to relevant statutory 

authority. 

(b) If relevant statutory authority and program-specific rules do not establish criteria, the DEQ will 

consider the following in determining funding priorities for local projects: 

(1) Potential of the project to effectively promote environmental health and safety or 

environmental education and awareness; 

(2) Potential to enhance related programs or efforts by the recipient; 

(3) Number of persons benefitted; and 

( 4) Equitable geographic distribution. 

252:4-15-3. Proposals 

(a) The applicant must submit a proposal in accordance with the rules implementing the statutory 

program and/or forms provided by the DEQ. 

(b) Proposals must demonstrate that the proposed project will implement and be consistent with 

relevant statutes and rules of the specific program area. 

252:4-15-4. Funding 

Within the priority criteria, funds shall be granted on a first-come first-served basis until funds 

are depleted. 

Section 

252:4-17-1. 

252:4-17-2. 

252:4-17-3. 

252:4-17-4. 

252:4-17-5. 

252:4-17-6. 

252:4-17-7. 

SUBCHAPTER 17. ELECTRONIC REPORTING 

Purpose, authority and applicability 

Definitions 

Use of electronic document receiving system 

Electronic signature agreement 

Valid electronic signature 

Effect of electronic signature 

Enforcement 

252:4-17-1. Purpose, authority and applicability 

(a) Purpose. The rules in this Subchapter implement the United States Environmental Protection 

Agency's Cross Media Electronic Reporting Rule (CROMERR), as published in the October 13, 

2005 issue of the Federal Register (70 FR 59848- 59889), and which became effective January 11, 

2006. 

(b) Authority. The rules in this Subchapter were promulgated and adopted under the authority of 

the Oklahoma Environmental Quality Code, 27A O.S. "2-1-101 et seq., including specifically' 2-2-

101(H); the Oklahoma Administrative Procedures Act, 75 O.S. '302; and the Oklahoma Uniform 

Electronic Transactions Act, 12A O.S." 15-101 et seq. 

(c) Applicability. The rules in this Subchapter: 

(1) apply to: 

(A) persons and signatories who submit electronic reports or other documents to the DEQ 

to satisfy requirements of Title 40 of the Code of Federal Regulations ( 40 CFR) for 

authorized programs for which the Executive Director has designated on the DEQ's public 

website that the DEQ is accepting specified electronic documents; and 

(B) the DEQ's electronic document receiving system and other software applications 

implemented, revised, or modified as communicated by the DEQ. 

(2) do not apply to: 

(A) documents submitted via facsimile; 

(B) electronic documents submitted via magnetic or optical media such as diskette, 

30 
compact disc, digital video disc, or tape; or 

(C) electronic documents submitted through the DEQ's electronic document receiving 

system pursuant to a non-federal state-only program. 

252:4-17-2. Definitions 

In addition to the Definitions in Subchapter 1 of this Chapter, the following words and terms, 

when used in this Subchapter, shall have the following meaning, unless the context clearly indicates 

otherwise: 

(1) "Authorized program" means a federal program that the United States Environmental 

Protection Agency (EPA) has delegated to, authorized, or approved the DEQ, on behalf of the 

State of Oklahoma, to administer, or a program that the EPA has delegated to, authorized, or 

approved the DEQ to administer in lieu of a federal program, under provisions of 40 CFR and 

for which the delegation, authorization or approval has not been withdrawn or expired. 

(2) "Copy of record" means a true and correct copy of an electronic document received by an 

electronic document receiving system, which can be viewed in a human-readable format that 

clearly and accurately associates all the information provided in the electronic document with 

descriptions or labeling of the information. A copy of record includes: 

(A) any electronic signature contained in or logically associated with the document; 

(B) the date and time of receipt; and 

(C) any other information used to record the meaning of the document or the 

circumstances of its receipt. 

(3) "Electronic document" means any information that is submitted to the DEQ's electronic 

document receiving system in digital form to satisfy requirements of an authorized program and 

may include data, text, sounds, codes, computer programs, software, or databases. 

( 4) "Electronic document receiving system" means the apparatus, procedures, software, or 

records established and used by the DEQ to receive electronic documents in lieu of paper. 

(5) "Electronic signature" means any information in digital form attached to or logically 

associated with a record submitted to the DEQ's electronic document receiving system and 

executed or adopted by a person with the intent of expressing the same meaning as would a 

handwritten signature if affixed to an equivalent paper document with the same content. 

( 6) "Electronic signature agreement" means a written agreement prepared by the Executive 

Director and signed by an individual with respect to an electronic signature device that the 

individual will use to create his or her electronic signature. 

(7) "Electronic signature device" means a code or other mechanism, assigned to an individual 

who is uniquely entitled to use it and that is then used to create the individual's electronic 

signature. 

(8) "Federal program" means any program administered by EPA under any provision of 40 

CPR. 

(9) "Handwritten signature" means the scripted name or legal mark of an individual made by 

that individual with the present intention to authenticate a writing in a permanent form. 

(1 0) "Signatory" means an individual authorized to and who signs a document submitted to the 

DEQ's electronic document receiving system pursuant to an electronic signature agreement in 

a format acceptable to the DEQ. 

(11) "State program" means any program other than an authorized program that is implemented 

by DEQ under the Oklahoma Environmental Quality Code or other laws of the State of 

Oklahoma. 

(12) "Valid electronic signature" means an electronic signature on an electronic document 

created by using an electronic signature device that the identified signatory is uniquely entitled 

to use for signing the electronic document, provided the device has not been compromised and 

provided the signatory is an individual authorized to sign the document by virtue of legal status 

or relationship to the entity on whose behalf the signature is created. 

252:4-17-3. Use of electronic document receiving system 

(a) Announcement on public website. When the Executive Director has announced on the DEQ's 

31 
public website that the DEQ is accepting specified electronic documents in lieu of paper to satisfy 

requirements under authorized programs, individuals who submit such electronic documents must 

use the DEQ's CROMERR-compliant electronic document receiving system. 

(b) Submittals requiring signature. Any electronic document submitted must bear a valid 

electronic signature of a signatory, if that signatory would be required under the authorized program 

to sign the paper document for which the electronic document substitutes. 

(c) Submittals not requiring signature. If no signature is required under the authorized program, 

individuals may submit electronic documents in lieu of paper to satisfy requirements of such 

programs through the DEQ's CROMERR-compliant electronic document receiving system without 

an electronic signature or an electronic signature agreement. 

252:4-17-4. Electronic signature agreement 

(a) Agreement to be executed. In the case of an electronic document that must bear the electronic 

signature of a signatory under an authorized program, each signatory must execute an electronic 

signature agreement. 

(b) Form and content of agreement. All agreements shall be in writing and filed with the 

electronic document receiving system administrator via the U.S. postal service or by hand delivery. 

The agreement shall include the information and follow the format in Appendix E. The agreement 

form may be downloaded and printed for execution from the DEQ's public website. 

(c) Verification. The identity and authority of each individual submitting an electronic signature 

agreement shall be verified by the DEQ. After the DEQ has satisfactorily completed the verification, 

the DEQ shall notify the individual electronically, issue a unique electronic signature device to the 

individual, and request that the individual establish a password to be used in connection with the 

device. 

252:4-17-5. Valid electronic signature 

(a) Signatory. An authorized signatory may not allow another individual to use the electronic 

signature device unique to his or her electronic signature. 

(b) Unique signature device. When the electronic signature device is used to create an individual's 

electronic signature, the code or mechanism must be unique to that individual at the time the 

signature is created and the individual must be uniquely entitled to use it. The signatory shall: 

(1) protect the electronic signature device from compromise; and 

(2) report to the DEQ, within one business day of discovery, any evidence that the security of 

the device has been compromised. 

252:4-17-6. Effect of electronic signature 

(a) Electronic signature establishes intent. The presence of an electronic signature on an 

electronic document submitted to the DEQ establishes that the signatory intended to sign the 

electronic document and to submit it to the DEQ to fulfill the purpose of the electronic document. 

(b) Electronic signature legally binding. Where an electronic document submitted to satisfY a 

reporting requirement of an authorized program bears an electronic signature, the electronic signature 

legally binds, obligates, and makes the signatory responsible to the same extent as the signatory's 

handwritten signature on a paper document submitted to satisfY the same reporting requirement. If 

an applicable law or rule requires a handwritten signature on a document, an electronic signature 

satisfies that requirement. 

252:4-17-7. Enforcement 

(a) Penalties and other remedies. If the submitter or signatory fails to comply with a reporting 

requirement by failing to comply with the provisions of this subchapter, the electronic signature 

agreement, or other applicable reporting requirements, the submitter or signatory is subject to any 

appropriate civil or criminal penalties or other remedies under State law. 

(b) Electronic document as evidence. Nothing in this subchapter or the authorized program limits 

the use of an electronic document, copy of record, or other information derived from an electronic 

document as evidence in enforcement proceedings. 

32 
33 
APPENDIX A. PETITION FOR RULEMAKING 

BEFORE THE ENVIRONMENTAL QUALITY BOARD 

IN THE MATTER OF Matter No. 

RULE OAC 252: -------------------

Subject area: 

Date filed: 

Solid Waste 

Water Quality 

Air Quality 

Hazardous Waste 

Laboratory 

Radiation 

Operator Certification 

Other 

Petition will be referred by the Department to its appropriate 

program and to any appropriate Council. 

1. Nature of request: 

Adoption of new rule(s) 

Amendment of existing rule(s) 

Repeal of existing rule(s) 

Identified as Rule Number (s): 

(OAC number if known) 

2. Attach a brief statement of the issues raised by the rule(s) 

which cause such a request to be made, a statement of your 

personal interest in the ruling, and how the proposed 

rulemaking would affect those interests and would affect 

others. 

3. If this request has been discussed with the Department of 

Environmental Quality, please indicate the name of the 

Division and employee consulted; otherwise, state "n/a." 

4. If a Council has considered this matter, please indicate the 

name of the Council and the date(s) the matter was considered; 

otherwise, state "n/a." 

5. Attachment (s): ( ) suggested language ( ) further explanation 

by: 

Name of Business or group (print name) (title) 

or Name of Individual (print): 

Signature: 

Address: 

Phone: 

34 
APPENDIX B. PETITION FOR DECLARATORY RULING 

BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY 

IN THE MATTER OF Matter No. 

RULE OAC 252: Date filed: ---------------- (or Case No. 

Subject area: Air Quality 

Hazardous Waste 

Laboratory 

Radiation 

Solid Waste 

Water Quality 

Operator Certification 

Other 

Petition will be referred by the Department to its appropriate 

program. 

1. Rule Number(s): 

(OAC number if known) 

2. Attach a brief statement of the issues raised by the rule(s) 

which cause such a request to be made and a statement of your 

personal interest in the ruling. 

3. If this request has been discussed with the Department of 

Environmental Quality, please indicate the name of the 

Division and employee consulted; otherwise, state "n/a." 

4 . Attachment(s): List of Exhibits 

Further explanation 

by: 

Name of Business or group ~--~------~------ (print name) 

or Name of Individual (print): 

(title) 

------------------------------------------

Signature: 

Address: 

Phone: 

35 
APPENDIX C. PERMITTING PROCESS SUMMARY 

Steps Tier Tier Tier 

I II III 

Filing - Applicant files application, pays Yes Yes Yes 

any required fee, and provides landowner 

notice. Applicant may meet with the DEQ 

staff prior to this. 

Notice of filing - Applicant publishes No Yes Yes 

notice in one newspaper local to site. 

Process meeting - Notice - 30-day No No Yes 

opportunity is published with notice of 

filing. DEQ holds meeting if requested and 

sufficient interest is shown. 

Administrative completeness review - DEQ Yes Yes Yes 

reviews application and asks applicant to 

supply any missing information. 

Technical review - DEQ reviews application Yes Yes Yes 

for technical compliance and requests 

applicant to cure any deficiencies. 

Draft permit or draft denial - DEQ prepares No Yes Yes 

this after completing review. 

Notice of draft permit, public comment No Yes Yes 

period and public meeting request 

opportunity - Applicant publishes this in 

one newspaper local to site. (DEQ publishes 

notice of draft denial.) 

Public comment period - 45 days for No Yes Yes 

hazardous waste treatment, storage or 

disposal draft permits; 30 days for all 

others. 

Public meeting - Conducted by DEQ if held No Yes Yes 

Review of comments - DEQ (written response) No Yes Yes 

Proposed permit - DEQ prepares this in No No Yes 

response to comments on draft permit 

Notice of proposed permit - Applicant No No Yes 

publishes, in one newspaper local to site, 

notice of 20-day opportunity to review 

permit and request administrative hearing. 

Administrative permit hearing - Conducted by No No Yes 

DEQ if held. Results in final order. 

Issuance or denial - DEQ's final decision Yes Yes Yes 

36 
APPENDIX D. STYLE OF THE CASE IN AN INDIVIDUAL PROCEEDING 

OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY 

NAME OF DIVISION 

IN THE MATTER OF: 

Case No. 

NAME OF DOCUMENT 

37 
APPENDIX E. ELECTRONIC SIGNATURE AGREEMENT 

OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY 

Company Name: 

Street/Physical Address: 

City, State, Zip: 

Telephone Number: 

Fax Number: 

Site/Facility Name and Address (if different from company 

name/address above) : 

I, 

(Name of author~zed ~na~v~dual) 

• Understand that this Electronic Signature Agreement allows me to 

submit electronic documents to the Oklahoma Department of 

Environmental Quality's ( "DEQ") approved electronic document 

receiving system ("EDRS") under authorized programs in lieu of 

paper submissions. 

• Understand that the DEQ has adopted applicable rules at Oklahoma 

Administrative Code 252:4-17, entitled "Electronic Reporting". 

• Agree to protect my unique electronic signature device from 

compromise and from use by anyone except me. Specifically, I 

agree to maintain the secrecy of the password; I will not 

divulge or delegate my user name and password to any other 

individual; I will not store my password in an unprotected 

location; and I will not allow my password to be written into 

computer scripts to achieve automated log-in. 

• Agree to contact the DEQ EDRS administrator at 

deqreporting@deq.state.ok.us as soon as possible, but no later 

than 24 hours, after suspecting or determining that my account 

identification and/or password have become lost, stolen or 

otherwise compromised. 

• Agree that I will review the contents of all electronic 

submissions prior to submission and/or make all reasonable 

inquiry as to the accuracy and completeness of the information. 

• Understand and agree that I will be legally bound, obligated, or 

responsible by my use of my electronic signature as I would be 

using my hand-written signature. 

• Understand that I will automatically receive an e-mail receipt 

38 
from the DEQ's EDRS for any submission that contains a valid 

electronic signature, identifying the document received, the 

signatory, and the date and time of receipt. 

• Agree that I will contact the DEQ EDRS Administrator if I do not 

receive an e-mail receipt as specified above within five ( 5) 

business days for any submission to the DEQ's EDRS. 

• Understand that I will have the opportunity to review the 

document submitted in a human-readable format and an opportunity 

to repudiate the electronic document based on this review. 

• Understand that the DEQ' s EDRS will automatically reject any 

electronic document submitted without a valid electronic 

signature if such signature is required. 

• Understand that the DEQ may contact the Immediate Supervisor or 

Company Official who signs below to authorize me as signatory 

for the company in order to verify my identity. 

• Agree to notify the DEQ EDRS Administrator if I cease to 

represent the regulated entity specified above as signatory as 

soon as this change in relationship occurs. 

• Agree to retain a copy of this signed agreement as long as I 

continue to represent the regulated entity specified above as 

signatory of the company's electronic submissions. 

Printed Name of Authorized Signatory: 

Signatory's E-mail Address for EDRS correspondence: 

Signature of Authorized Signatory 

Official Title 

Date: 

Subscribed and sworn to before me this , 20 -------------------------

My commission expires: 

NOTARY PUBLIC 

39 

day of 
AUTHORIZATION BY IMMEDIATE SUPERVISOR OR COMPANY OFFICIAL 

I, , acknowledge that the 

individual named above works at/for 

and is authorized 

to submlt electronlc documents and act as Slgnatory for purposes 

of the DEQ's electronic document receiving system. 

Signature of Immediate Supervisor or Company Official 

Official Title: 

Date: 

Subscribed and sworn to before me this , 20 -----------------------

NOTARY PUBLIC 

My commission expires: 

day of 

PLEASE MAIL THIS DOCUMENT AS SOON AS POSSIBLE TO: 

Oklahoma Department of Environmental Quality 

Attn.: EDRS Coordinator 

Customer Services Division 

P.O. Box 1677 

Oklahoma City, OK 73101-1677 

40