DearDr. Armendariz: Subject: 2010 Revisions to Oklahoma Air Quality Control Implementation Plan Dr. Alfredo Armendariz, Regional Administrator U.S. Environmental Protection Agency

- Region VI (6 PD-L) 1445 Ross Avenue, Suite 1200 Dallas TX 75202-2733 J.D.8TRONG SECRETARY OF ENVIRONMENT

December 27, 2010 

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### I STATE OF OKLAHOMA OFFICE OFTHE SECRETARY OFENVIRONMENT BRAD HENRY GOVERNOR



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In his letter dated October 5, 2008, Governor Brad Henry appointed me as his designee for the purpose of submitting documents to the U.S. Environmental Protection Agency for approval and incorporation into the State Implementation Plan (SIP) for Oklahoma.
Therefore, the State ofOklahoma submits for your review and approval under Section 110 ofthe federal Clean Air Act and 40 CFR Part 51 revisions to the Oklahoma Air Quality Control Implementation Plan and the associated evidence as required by 40 CFR 51, Appendix V, 2.1.
This submittal is the 2010 SIP update for Oklahoma and includes the amendments to Subchapters 3 and 15 of OAC 252: 100 that became effective July 11,2010. Appendices E and F were updated to make them consistent with the federal primary and secondary lead NAAQS standards. Subchapter 15, Motor Vehicle Pollution Control Devices, was revoked because the Department lacks the legal authority to enforce these rules. The Oklahoma Department of Public Safety has the sole power to regulate motor vehicles in the State of Oklahoma. Since Subchapter 15 is a partial duplication ofthe 1990 Federal Clean Air Act, revocation ofthe rule does not change the prohibition ofremoval, disconnection, and/or disabling ofemission control equipment
on motor vehicles in the state ofOklahoma.
These rules were promulgated in compliance with the Oklahoma Administrative Procedures Act and published in the Oklahoma Register, the official state publication for rule making actions. We have included five copies ofthe submittal as required by 40 CFR 51.103(a).
If you have questions, please contact Eddie Terrill, Director, Air Quality Division, Department of Environmental Quality at (405) 702-4154. Sincerely,

# ~~(j J.D. Strong Secretary ofEnvironment
Enclosures 6RA.

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cc: Steve Thompson, Executive Director, Department ofEnvironmental Quality Eddie Terrill, Director, DEQ Air Quality Division Guy Donaldson, Section Chief, Air Planning Section, EPA Region VI (6PD-L) JeffRobinson, Section Chief, Air Permits, EPA Region VI (6PD-R) 3800 North Classen Boulevard Oklahoma City, Oklahoma 73118 (405) 530-8995 fax (405) 530-8999



# .. ""--STEVEN A. THOMPSON Executive Director OKLAHOMA DEPARTMENT Of ENVIRONMENTAl QUAliTY 

### OKlAHOMA DEPARTMENTOF ENVIRONMENTALQUALITY BRAD HENRY Governor



### December 16,2010

Dr. Alfredo Armendariz, Regional Administrator U.S. Environmental ProtectionAgency

- Region VI (6 PD-L) 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733

RE: 2010 Revisions to the Oklahoma State ImplementationPlan (SIP)

DearDr. Armendariz:

As Director ofthe Air Quality Division ofthe Department ofEnvironmental Quality, I certify that the rule making procedures for all the rules listed below were in compliance with the requirements ofthe Oklahoma Administrative Procedures Act, 75 O.S. §§ 250.1 through 323, and40 CFR §§ 51.102(f), 51.102(d), and CFR Part 51, Appendix V, 2.1(g).
Each rule andits public hearing history is listed inthe tables below: Appendix E. Primary Ambient Air Quality Standards and Appendix F. SecondaryAmbientAir**Qualit~** 

### Standards

[NOTICE PUBLICHEARING GOVERNINGBOARD 03/16/2009 Apri115,2009 Air QualityAdvisorv Council 03/16/2009 August24, 2009 Environmental QualityBoard
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All notices of DEQ's intent to adopt new or amended rules were published in the Oklahoma Register. The Oklahoma Register is a semi-monthly publication prescribed by the Oklahoma Administrative Procedures Act in which all rule making actions and the associated documents must be published. (Now accessible @ www.sos.state.ok.us/oar .) Notices ofrulemaking intent include the date, time and location ofpublic hearings and information on how the public may submitwritten or oral comments onproposed rules. The public commentperiod for all Air

707 NORTH ROBINSON, P.O. BOX 1677, OKlAHOMA(I!Y, OKlAHOMA731 01-1677 printed on recyded paperwith soy Ink 

# oPug.l: :2 Dr. AHi"edo Armenduriz December] 6, 2010



### Quality Advisory Council meetings begins on the date ofpublication ofthe notice and ends on the date ofthe AQAC public hearing unless the AQAC extends the commentperiod. Also, unless the AQAC extends the commentperiod, the Environmental Quality Board (EQB) accepts comments onthe date ofthe EQB hearing.
If you have questions or require additional information, please contact Cheryl Bradley, Environmental Programs Manager, at (405) 702-4I00.

Eddie Terrill, Director Air Quality Division

Enclosures

ET:CEB:dhCodification through the 2010 legislative session SUbchapters 15 and 17 Appendices A, B, E, F and Q Board adoption

- February 26, 2010 Gubernatorial approval- April 14,2010 Legislative approval and final adoption

- May 4, 2010 Effective date

- July 11, 2010 TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 100. AIR POLLUTION CONTROL SUbchapter 1. General Provisions

. 2. Incorporation by Reference

. 3. Air Quality Standards and Increments

. 4. New Source Performance Standards [REVOKED]

. 5. Registration, Emission Inventory and Annual Operating Fees

. 6. Permitting [REVOKED]

. 7. Permits for Minor Facilities

. 8. Permits for Part 70 Sources

. 9. Excess Emission Reporting Requirements

. 11. Alternative Emissions Reduction Plans and Authorizations

. 13. Open Burning

. 15. MotorVehicle Pollution Control Devices [REVOKED]

. 17. Incinerators

. 19. Control of Emission of Particulate Matter

. 21. Particulate Matter Emissions From Wood-Waste Burning Equipment [REVOKED]

. 23. Control of Emissions From Cotton Gins

. 24. Particulate Matter Emissions from Grain, Feed or Seed Operations

. 25. Visible Emissions and Particulates

. 27. Particulate Matter Emissions From Industrial and Other Processes and Operations [REVOKED]

. 29. Control of Fugitive Dust

. 31. Control of Emission of Sulfur Compounds

. 33. Control of Emission of Nitrogen Oxides

. 35. Control of Emission of Carbon Monoxide

. 37. Control of Emission ofVolatile Organic Compounds (VOCs)

. 39. Emission ofVolatile Organic Compounds (VOCs) in Nonattainment Areas and Former Nonattainment Areas

. 40. Control of Emission of Friable Asbestos During Demolition and Renovation Operations "

. 41. Control of Emission of Hazardous Air Pollutants and Toxic Air Contaminants [REVOKED]

. 42. Control of Toxic Air Contaminants

. 43. Testing, Monitoring and Recordkeeping

. 45. Monitoring of Emissions [REVOKED]

. 47. Control of Emissions from Existing Municipal Solid Waste Landfills

. Section 252:100-1-1 252: 100-2-1 252:100-3-1 252:100-4-1 252: 100-5-1 252:100-6-1 252:100-7-1 252: 100-8-1 252:100-9-1 252:100-11-1 252:100-13-1 252:100-15-1 252:100-17-1 252:100-19-1 252:100-21-1 252:100-23-1 252:100-24-1 252:100-25-1 252:100-27-1 252:100-29-1 252:100-31-1 252: 100-33-1 252:100-35-1 252:100-37-1

252: 100-39-1 252: 100-40-1 252:100-41-1 252:100-42-1 252:100-43-1 252: 100-45-1 252:100-47-1
Appendix A. AppendixB. AppendixC. AppendixD. Allowable Particular Matter Emission Rate for Incinerators Allowable Emissionsfor Incineratorswith Capacitieslessthan 100 Ib/hr [REVOKED] Allowable Particulate Matter Emission Rates for Indirectly Fired Fuel-Burning Units Allowable Particulate Matter Emission Rates for Indirectly Fired Wood Fuel-Burning
1Appendix E. Appendix F. Appendix G. Appendix H. Appendix I. Appendix J. Appendix K. Appendix L. Appendix M. Appendix N. Appendix O. Appendix P. Appendix Q. Units Primary Ambient Air Quality Standards Secondary Ambient Air Quality Standards Allowable Particulate Matter Emission Rates for Directly Fired Fuel-Burning Units and Industrial Process De Minimis Facilities Insignificant Activities (Registration) List Trivial Activities (De Minimis) List Average Daily Nitrogen Oxides Emissions PM-10 Emission Factors for Permit by Rule for Grain Elevators Emission Limits for Hospital/Medical/Infectious Waste Incinerators (HMIWI) Specialty Coatings VOC Content Limits Toxic Air Contaminants (TAG) Maximum Acceptable Ambient Concentrations (MAAG) Regulated Air Pollutants (RAP) Incorporation by Reference

2252:100-13-7. Allowed open burning When not prohibited by law or ordinance, the following types of burning are allowed, provided the conditions and requirements in 252:100-13-9 have been met: (1) Firetraining. Open burning ofhuman-made structures for the purpose of fire training is allowed as provided for in Oklahoma Clean Air Act, 27A O.S., § 2-5-106.1. Industriai and commercial facilities and fire training schools conducting on-site iive burn fire training are not SUbjectto this provision. (2) Elimination of hazards. Provided prior authorization is obtained from the local fire chief, open burning is allowed for the eiimination of: (A) A fire hazard that cannot be abated by any other means. (8) Adangerousorhazardous material when there is no other practical or lawful method of abatement ordisposal if authorization is also received from the DEQ priorto such burning. (3) Recreational and ceremonial fires. Open burning is allowed for camp fires and other fires used solelyfor recreational purposes, ceremonial occasions, or non-commercial preparation of food. (4) Land management and land clearing operations. Open burning is allowed for the following land management and land clearing operations. (A) Fires purposely set to forest, crop or range lands for a specific reason in the management of forests, crops or game, in accordance with practices recommended by the Oklahoma Department of Wildlife Conservation, the Oklahoma State Department of Agriculture, and the United States Forest Service. (8) Fires purposely set for land clearing operations if' conducted at least 500 feet upwind ofany occupied residence otherthan those located on the property on which the burning is conducted, except that such burning must be conducted in open-pit incinerators in counties or areas that are or have been designated nonattainment. (5) Burning of domestic refuse. Where no collection and disposal service is reasonably available, domestic refuse may be bumed on the property where the waste is generated. (6) Hydrocarbon burning. Open burning of hydrocarbons is allowed for: (A) The disposal of spilled hydrocarbons or the waste products of oil exploration, development, refining or processing operations which cannot be feasibly recovered orotherwise disposed ofin a legal manner. Notice must be given to the DEQ priorto such burning. (8) The disposal of waste hydrocarbons through a flare. The owner or operator shall be required to use a smokeless flare if a condition of air pollution is determined to exist by the DEQ. (7) Open-pit incinerator. Exceptfor hazardous matenal, any combustible material or refuse that is allowed to be burned under this SUbchapter 64 may be burned in an open-pit incinerator that is properly designed and operated forthe control of smoke and particulate matter. The owner or operator of the open-pit incinerator shall not accept any material owned by other persons and shall not transport any material to the property Where the open-pit incinerator is located in order to burn the material. (8) Yard brush. Yard brush may be burned on the property where the waste is generated. 252:100-13-8. [RESERVED] 252:100-13-9. General conditions and requirements for allowed open burning Theopen burning ofrefuse and othercombustible material may be conducted only if the following conditions and requirements are met: (1) No pUblic nuisance is orwill be created. (2) The burning is controlled so that a visibility hazard is not created on any roadway, rail track or air field as a result of the air contaminants being emitted. (3) The burning is conducted so that the contaminants do notadversely affectthe ambient air qualityof a city or town. (4) The Initial burning shall begin only between three hours after sunrise and three hours before sunset and additional fuel shall not be intentionally added to the fire at times outside these limits. This requirement does not apply to the open burning allowed under252:100-13-7(2), (3), (4)(A) and (6)(8). 252:100-13-10. Disaster relief Notwithstanding the prohibition in 252:100-13-5, the Executive Directorofthe DEQ may allowthe open burning of debris reSUlting from a disaster if the Director determines such burning is necessary to protect pUblic health and safety. Such approval, if granted, shall be accompanied by appropriate guidelines for burning the debris. 252:100-13-11. Responsibility for consequences of open burning Personswho conductopen burning in accordance with the provisions ofthis SUbchapterare notexempt or excused from the consequences, damages, or injuries that may result from such conduct, nor are they exempt or excused from complying with all applicable laws, ordinances, rules, and orders. SUBCHAPTER 15. MOTOR VEHICLE POLLUTION CONTROL DEVICES [REVOKED] Section 252:100-15-1. Purpose 252: 100-15-2. Definitions 252:100-15_3. Scope 252:100-15-4. Prohibitions 252:100-15-5. Maintenance, repair or testing 252:100-15-6. Liquified petroleum gas 252:100-15-1. Purpose [REVOKED] 252:100-15-2. Definitions [REVOKED]252:100-15-3. Scope [REVOKED] 252:100-15-4. Prohibitions [REVOKED] 252:100-15-5. Maintenance, repair, or testing [REVOKED] 252:100-15-6. Liquified petroleum gas [REVOKED] SUBCHAPTER 17. INCINERATORS

PART 1. GENERAL PROVISIONS Section 252:100-17-1. Purpose 252:100-17-1.1. Reference to 40 CFR 252:100-17-1.2. Terminology related to 40 CFR [REVOKED] 252:100-17-1.3. Incinerators and fuel-burning equipment or units PART 3. GENERAL PURPOSE INCINERATORS [AMENDED] 252:100-17-2. Applicability 252:100-17-2.1. Exemptions 252:100-17-2.2. Definitions 252: 100-17-3. Opacity 252: 100-17-4 Particulate matter 252:100-17-5. Incinerator design and operation requirements 252: 100-17-5.1. Alternative incinerator design requirements 252: 100-170$. Allowable emission of particulates [REVOKED] 252:100-17-7. Test methods

PART 5. MUNICIPAL WASTE COMBUSTORS 252:100-17-14. Effective date; applicability 252:100-17-14.1. Definitions 252:100- 17-14.2. Terminology related to 40 CFR 252: 100-17-15. Exemptions 252:100-17-16. Standards for particulate matter and opacity 252:100-17-17. Standards for municipal waste combustor metals 252:100-17-18. Standards for municipal waste combustor acid gases expressed as sulfurdioxide and hydrogen chloride 252:100-17-19. Standards for municipal waste combustor organics expressed as total mass dioxinslfurans 252: 100-17-20. Standards for nitrogen oxides 252:100-17-21. Standards for municipal waste combustor operating practices 252:100-17-22. Standards for municipal waste combustor fugitive ash emissions 252: 100-17-23. Standardsfor air curtain incinerators 252:100-17-24. Standards for municipal waste combustor operator training and certification 252: 100-17-25. Complianceand perfonnancetesting 252:100-17-26. Reporting and recordkeeping requirements 252:100-17-27. Compliance schedules 

### 65 PART 7. HOSPITAL, MEDICAL AND INFECTIOUS WASTE INCINERATORS 252:100-17-40. Effective date; applicability 252:100-17-41. Definitions 252:100-17-42. Tenninology related to 40 CFR 252:100-17-43. Exemptions 252: 100-17-44. Emission limits 252:100-17-45. Standards for HMIWI operator training and certification 252:100-17-46. Standards for waste management pians 252:100-17-47. Compliance, performance testing and monitoring requirements 252:100-17-48. Equipment inspection of small rural HMIWI 252:100-17-49. Reporting and recordkeeping requirements 252:100-17-50. Part 70 permits 252:100-17-51. Compliance schedules PART 9. COMMERCIAL AND INDUSTRIAL SOLID WASTE INCINERATION UNITS 252:100-170$0. Effective date; applicability 252:100-170$1. Definibons 252:100-170$2. Terminology related to 40 CFR 252: 100-170$3. Exemptions 252: 100-170$4. Emission limits 252:100-170$5. Operating limits 252-100-170$6. Standards for CISWI operator training and qualification requirements. 252: 100-170$7. Standards for waste management plans 252:100-170$8. Performance testing 252:100-17-69. Initial compliance requirements 252: 100-17-70. Con Ii n u 0 usc 0 m p I ian c e requirements 252:100-17-71. Monitoring 252:100-17-72. Reporting and recordkeeping requirements 252:100-17-73. Part 70 permits 252:100-17-74. Air curtain incinerators 252:100-17-75. Compliance schedules 252:100-17-76. CISWI closure PART 11. OTHER SOLID WASTE INCINERATION UNITS 252:100-17-90. Effective date; applicability 252: 100-17-91. Definitions 252:100-17-92. Terminology related to 40 CFR 252:100-17-93. Exemptions 252:100-17-94. Emission limits 252: 100-17-95. Operating limits 252-100-17-96. Standards for CISWI operator training and qualification requirements 252: 100-17-97. Waste management plans 252:100-17-98. Performance tesbng 252:100-17-99. Initial compliance requirements 252:100-17-100. Continuous compliance requirements 252:100-17-101. Monitoring 252: 100-17-102. Reporting and recordkeeping requirements

### APPENDIX E. PRIMARY AMBIENT AIR QUALITY STANDARDS

Sulfur Carbon Nitrogen Dioxide PM-l0 PM2.5 Monoxide Ozone Dioxide Lead

40 mg/m' l-hr. max (7)35 ppm

10 mg/m' B-hr. max (7)9 ppm (4) 0.075 ppm

365 uglm' 24-hr. max (7p.14 ppm (7) 150 ug/m' (5) 35 ug/m' Roiling 3- month average (') 0.15 ug/m'

80 ug/m' 100 ug/m' Annual '1,0.030 pom '6,15 ug/m' '1,0.053 ppm

(1) Annual arithmetic mean (2) Not to be exceeded more than once per year (3) Notto be exceeded more than once during a 3-year period as provided in 40 CFR 50, Appendix R. (4) The standard is attained when the computed 3-year average of the annual 4th-highest daily maximum 8- hour average does not exceed 0.075 ppm, as prOVided in 40 CFR 50.15. (5) The standard is attained when the 98th percentile concentration is equal to or less than the numerical standard as determined by 40 CFR 50, Appendix N. (6) The standard is attained when the annual arithmetic mean is equal to or less than the numerical standard as determined by 40 CFR 50, Appendix N. (7) The standard is attained when the expected number of days per calendar year with a 24-hour average concentration above 150 ug/m3

, as determined in accordance with 40 CFR 50, Appendix K is equal to or less than one.

### Appendix F. Secondary Ambient Air Quality Standards

Sulfur (6)Carbon Nitrogen Dioxide I6IPM

-1O PM 2.5 Monoxide Ozone Dioxide Lead

1-hr. max

1300 ug/m3 3-hr. max (2p.5 ppm
8-hr. max (4)0.075 ppm

24-hr. max Rolling 3- month average (3) 0.15 ug/m 3

100 uglm3 Annual I" 1.5 ug/m3 11\ 0.053 ppm

(1) Annual arithmetic mean (2) Not to be exceeded more than once peryear (3) Notto be exceeded more than once during a 3-year period as provided in 40 CFR 50, Appendix R. (4) The standard is attained when the computed 3-year average of the annual 4th-highest daily maximum Bhour average does not exceed 0.075 ppm, as provided in 40 CFR 50.15. (5) The standard is attained when the annual arithmetic mean is equal to Or less than the numerical standard as determined by 40 CFR 50, Appendix N. (6) PM-10 and carbon monoxide have no secondary standard.

### Legal Authority
27A O.S. §2-5-105 designates DEQ as the administrative agency for the Oklahoma Clean Air Act (CAA). DEQ's Air Quality Division (AQD) handles the statutory authorities and responsibilities concerningairqualityunderOAC 252:4-1-3(c). TheAQDhastheauthorityto carry outall duties, requirements, andresponsibilitiesnecessaryandproperfortheimplementation ofthe OklahomaCAAandfulfillingtherequirementsofthefederalCAAunder27AO.S. §§ 1-3-101(B)(8), 2-3-101(E)(1), and 2-5-105. Upon recommendation of the Air Quality Advisory Council, the Environmental Quality Board has the authority under Oklahoma statutory law 27A O.S. §2-5-106 to adopt airquality regulations for DEQ. DEQhas the authority under Oklahoma law to:
Enforcethose regulations and orders ofDEQ [27A OS §§2-5-105(4) and 2-5-110];
Maintain and update an inventory of air emissions from stationary sources [27A O.S. §2-5-105(19)];
Establish apermitting program [27A O.S. §2-5-105(2)]; and Carryoutallotherduties, requirements andresponsibilitiesnecessaryandproperfor the implementation ofthe Oklahoma CAA and the fulfillment ofthe requirements ofthe federal CAA [27A O.S. §§2-5-105(22)]. Specifically, the Environmental QualityBoard and DEQ have the existing authority to: Adopt emissions standards and regulations to implement the Oklahoma CAA and fulfill requirements ofthe federal CAA [27A O.S. §§2-2-104, 2-5-105, 2-5-106, 2-5-107 and 2-5-114]' 

### , , Enforce the relevant laws, regulations, standards, orders and compliance schedules authorizedby the Oklahoma CAA [27A O.S. §§2-5-105(4) and 2-5-110], and seek injunctivereliefwhen necessary [27A O.S. §§2-5-105(14) and 2-5-117(A)];
Abate pollutant emissions on evidence that the source is presenting an immediate, imminentand substantial endangermenttohumanhealth [27A O.S. §2-5-105(15)];
Prevent construction, modification, or operation of a source in violation of the requirement to have a permit, or in violation of any substantive provision or condition of any permit issued pursuant to the Oklahoma CAA [27A O.S. §2-5-117(A)(2)];
Obtain information necessary to determine compliance [27A O.S. §§2-5-105(17), (18)]; Require recordkeeping, make inspections, and conduct tests

### [27A

## a.s. §2-5-105(l7)]; Require the installation, maintenance and use ofmonitors and require emissions reports ofowners or operators [27A

## a.s. §2-5-112(B)(5)]; and
Make emissions data available to the public [51 

## a.s. §§24A.l through 24A.27].
The appendix contains copies ofthese referenced statutes.

### §27A-1-3-101. State environmental agencies

- Jurisdictional areas of environmental responsibilities. A. The provisions ofthis section specify thejurisdictional areas ofresponsibility for each state environmental agency and state agencies with limited environmental responsibility. The jurisdictional areas ofenvironmental responsibility specifiedin this section shaHbe in addition to those otherwise provided by law and assigned to the specific state environmental agency; provided that any rule, interagency agreement or executive order enacted or entered into prior to the effective date of this section which conflicts with the assignment of jurisdictional environmental responsibilities specified by this section is hereby superseded. The provisions of this subsection shall not nullify any financial obligation arising from services rendered pursuant to 

### any interagency agreement or executive order entered into prior to July I, 

### 1993, nor nullify any obligations or agreements with private persons or parties entered into with any state environmental agencybefore July I, 

### 1993. B. Department of Environmental Quality. The Department ofEnvironmental Quality shall have the followingjurisdictional areas ofenvironmental responsibility: I. All point source discharges ofpollutants and storm water to waters ofthe state which originate from municipal, industrial, commercial, mining, transportation and utilities, construction, trade, real estate and finance, services, public administration, manufacturing and other sources, facilities and activities, except as provided in subsections D and Eofthis section; 2. All nonpoint source discharges and pollution except as provided in subsections D, E andF ofthis section; 3. Technical lead agency for point source, nonpoint source and storm water pollution control programs funded under Section 106 ofthe federal Clean Water Act, for areas within the Department'sjurisdiction as provided in this subsection; 4. Surface water and groundwater quality andprotection andwaterquality certifications; 5. Waterworks andwastewaterworks operatorcertification; 6. Public andprivate water supplies; 7. Underground injection control pursuant to the federal Safe Drinking Water Act and 40 CFRParts 144through 148, except for:
a. Class II injectionwells, b. Class V injection wells utilized in the remediation of groundwater associated with underground or aboveground storage tanks regulated by the Corporation Commission,
c. those wells used for the recovery, injection or disposal ofmineral brines as defmed in the Oklahoma Brine Development Act regulated by the Commission, and d. any aspect ofany C02 sequestration facility, including any associated C02 injection well, over which the Commission is givenjurisdictionpursuant to 

### the Oklahoma Carbon Capture and Geologic SequestrationAct; 8. Notwithstanding any other provision in this section or other environmentaljurisdiction statute, sole and exclusive jurisdiction for air quality under the federal Clean Air Act and applicable state law, except for indoor air quality and asbestos as regulated for worker safety by the federal Occupational Safety and Health Act and by Chapter II 

### ofTitle 40 ofthe Oklahoma Statutes; 9. Hazardous waste and solid waste, including industrial, commercial and municipal waste;

### 10. Superfund responsibilities of the state under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 and amendments thereto, except theplanning requirements ofTitle III ofthe Superfund Amendment and ReauthorizationAct of 1986; II. Radioactive waste and all regulatory activities for the use of atomic energy and
sources ofradiation except for the use ofsources ofradiationby diagnostic x-ray facilities; 12. Water, waste, and wastewater treatment systems including, but not limited to, septic. tanks orotherpublic orprivate waste disposal systems; 13. Emergency response as specifiedby law; 14. Environmental laboratory services and laboratory certification; 15. Hazardous substances otherthanbranding, package and labeling requirements; 16. Freshwaterwellhead protection; 17. Groundwater protection for activities subject to 

### the jurisdictional areas of environmental responsibility ofthe Department.; 18. Utilization and enforcement of Oklahoma Water Quality Standards and implementationdocuments; 19. Environmental regulation ofany entity or activity, and the prevention, control and abatement of any pollution, not subject to the specific statutory authority of another state environmental agency; 20. Development and maintenance ofacomputerized information systemrelating to water qualitypursuantto Section 1-4-107 ofthis title; and 21. Development and promulgation of a Water Quality Standards Implementation Plan pursuantto Section 1-1-202 ofthis title for itsjurisdictional areaofenvironmental responsibility. C. OklahomaWater Resources Board. The OklahomaWater Resources Board shall have the followingjurisdictional areas ofenvironmental responsibility: 1. 

### Water quantity including, but not limited to, water rights, surface water and underground water, planning, and interstate stream compacts; 2. Weathermodification; 3. Dam safety; 4. Floodplainmanagement; 5. State water/wastewater loans and grants revolving fund and other related financial aid programs; 6. Administration ofthe federal State Revolving Fund Program including, but not limited to, making application for andreceiving capitalization grant awards, wastewaterprioritization for funding, technical project reviews, environmental review process, and financial review and administration; 7. Waterwell drillers/pump installers licensing; 8. Technical lead agency for clean lakes eligible for funding under Section 314 ofthe federal Clean Water Act or other applicable sections ofthe federal Clean Water Act or other subsequent state and federal clean lakes programs; administration of a state program for assessing, monitoring, studying and restoring Oklahomalakes with administration to include, but not be limited to, receipt and expenditure of funds from federal, state and private sources for clean lakes and implementation ofa volunteer monitoring program to assess and monitor state waterresources, provided such funds from federal Clean WaterAct sources are administered and disbursedby the Office ofthe Secretary ofEnvironment; 9. Statewide water quality standards and their accompanying use support assessment protocols, anti-degradation policy and implementation, and policies generally affectingOklahoma Water Quality Standards application and implementation including but not limited to mixing zones, low flows and variances or any modification or change thereofpursuant to Section 1085.30 ofTitle 82 ofthe Oklahoma Statutes; 10. Groundwater protection for activities subject to the jurisdictional areas of environmental responsibility ofthe Board; II. Development and promulgation of a Water Quality Standards Implementation Plan pursuant to Section 1-1-202 ofthis title for itsjurisdictional area ofenvironmental responsibility; 12. Development ofclassifications and identification ofpermitted uses ofgroundwater, in recognized waterrights, and associated groundwaterrecharge areas; 13. Establishment and implementation ofa statewide beneficial use monitoring program for waters ofthe state in coordination withthe other state environmental agencies; 14. Coordination with other state environmental agencies and other public entities of waterresource investigations conductedby the federal United States Geological Survey forwater quality and quantity monitoring in the state; and IS. Development and submission of a report concerning the status of water quality monitoring inthis statepursuant to Section 1-1-202 ofthis title. D. OklahomaDepartment ofAgriculture, Food, and Forestry. 1. The Oklahoma Department ofAgriculture, Food, and Forestry shall have the following jurisdictional areas of environmental responsibility except as provided in paragraph 2 ofthis subsection:

commercial manufacturers of fertilizers, grain and feed products,. and chemicals, and over manufacturing of food and kindred products, tobacco, paper, lumber, wood, textile mill and other agricultural products, slaughterhouses, but not including feedlots at these facilities, and aquaculture and fish hatcheries, (2) (3) (I) 

### h. a.



### b.
c. d.

I. e. f. 

### g.

J. point source discharges and nonpoint source runofffrom agricultural crop production, agricultural services, livestock production, silviculture, feed yards, livestockmarkets and animal waste, pesticide control, forestry and nurseries, fertilizer, facilities which store grain, feed, seed, fertilizer and agricultural chemicals, dairy waste and wastewater associated with milkproduction facilities, groundwater protection for activities subject to the jurisdictional areas of

. environmental responsibility ofthe Department,

utilization and enforcement of Oklahoma Water Quality Standards and implementationdocuments, development and promulgation of a Water Quality Standards Implementation Plan pursuant to Section 1-1-202 of this title for its jurisdictional areas ofenvironmental responsibility, and storm water discharges for activities subject to the jurisdictional areas of environmental responsibility ofthe Department. 2. In addition to the jurisdictional areas of environmental responsibility specified in subsection B ofthis section, the Department ofEnvironmental Quality shall have environmental jurisdictionover: 

### a.including, but not limited to, discharges ofpollutants and stonn water to waters ofthe state, surface impoundments and land application ofwastes and sludge, and otherpollution originating at these facilities, and b. facilities which store grain, feed, seed, fertilizer, and agricultural chemicals that are required by federal NPDES regulations to obtain apennit for stonn water discharges shall only be subject to thejurisdiction ofthe Department· ofEnvironmental Quality withrespectto such stonn water discharges. E. Corporation Commission. 1. The Corporation Commission is hereby vested with exclusivejurisdiction, power and authority, and it shall be its duty to promulgate and enforce rules, and issue and enforce orders governing andregulating:
a. the conservation ofoil and gas, b. field operations for geologic and geophysical exploration for oil, gas and brine, including seismic survey wells, stratigraphic test wells and core test wells,
c. the exploration, drilling, development, producing or processing for oil and gas onthe lease site, d. the exploration, drilling, development, production and operation of wells used in connection with the recovery, injection or disposal of mineral brines,
e. reclaiming facilities only for the processing ofsalt water, crude oil, natural gas condensate and tank bottoms or basic sediment from crude oil tanks, pipelines, pits and equipment associated with the exploration, drilling, development, .producing ortransportation ofoil or gas, 

### £ underground injection control pursuant to the federal Safe Drinking Water Act and 

### 40 CFRParts 

### 144 through 

### 148, of: 

### (l) Class II injection wells, (2) Class V injection wells utilized in the remediation ofgroundwater associated with underground or aboveground storage tanks regulated by the Commission, (3) those wells used for the recovery, injection or disposal ofmineral brines as defined in the OklahomaBrineDevelopment Act, and (4) any aspect of any C02 sequestration facility, including any associated C02 injection well, over which the Commission is given jurisdiction pursuant to the Oklahoma Carbon Capture and Geologic Sequestration Act. Any substance that the United States Environmental Protection Agency allows to be injected into a Class II well may continue to be so injected, g. tank farms for storage of crude oil and petroleum products which are located outside the boundaries ofrefineries, petrochemical manufacturing plants, natural gas liquid extraction plants, or other facilities which are subject to thejurisdiction ofthe Department ofEnvironmental Quality with regard to point source discharges, h. the construction and operation of pipelines and associated rights-of-way, equipment, facilities or buildings used in the transportation of oil, gas, petroleum, petroleum products, anhydrous ammonia or mineral brine, or in

### the treatment ofoil, gas ormineral brine during the course oftransportation butnotincluding linepipes in any: (1) natural gas liquids extractionplant, (2) refinery, (3) reclaiming facility other than for those specified within subparagraphe ofthis subsection, (4) mineral brine processingplant, and (5) petrochemical manufacturing plant, I. 

### the handling, transportation, storage and disposition of saltwater, mineral brines, waste oil and other deleterious substances produced from or obtained or used in connection with the drilling, development, producing and operating ofoil and gas wells, at: (1) 

### any facility or activity specifically listed in paragraphs 1 and 2 of this subsection as being subject to the jurisdiction of the Commission, and (2) otheroil and gas extraction facilities and activities, J. 

### spills of deleterious substances associated with facilities and activities specified in paragraph 1 ofthis subsection or associated with other oil and gas extraction facilities and activities, k. subsurface storage of oil, natural gas and liquefied petroleum gas in geologic strata, 

### 1. groundwater protection for activities subject to the jurisdictional areas of environmentalresponsibility ofthe Commission,
m. utilization and enforcement of Oklahoma Water Quality Standards and implementationdocuments, and
n. development and promulgation of a Water Quality Standards Implementation Plan pursuant to Section 1-1-202 of this title for its jurisdictional areas ofenvironmental responsibility. 2. The exclusivejurisdiction, power and authority ofthe Commission shall also extend to the construction, operation, maintenance, site remediation, closure and abandonment of the facilities and activities described inparagraph 1 ofthis subsection. 3. When a deleterious substance from a Commission-regulated facility or activity enters a point source discharge ofpollutants or storm water from a facility or activity regulated by the Department ofEnvironmentaJ Quality, the Department shall have solejurisdiction over the point
source discharge of the commingled pollutants and storm water from the two facilities or activities insofar as Department-regulated facilities and activities are concerned. 4. Forpurposes ofthe federal Clean Water Act, any facility or activity which is subject to thejurisdiction ofthe Commission pursuant to paragraph 1 ofthis subsection and any other oil and gas extraction facility or activity which requires a permit for the discharge ofa pollutant or storm waterto waters ofthe United States shall be subject to the directjurisdiction ofthe federal Environmental Protection Agency and shall notberequired to bepermitted by the Department of Environmental Quality orthe Commission for such discharge. 5. The Commission shall havejurisdictionover: a. underground storage tanks that contain antifreeze, motor oil, motor fuel, gasoline, kerosene, diesel, or aviation fuel and that are not located at refineries or at the upstream or intermediate shipment points ofpipeline

### operations, including, but not limited to, tanks from which these materials
are dispensed into vehicles, or tanks used in wholesale or bulk distribution activities, as well as leaks from pumps, hoses, dispensers, and other ancillary equipment associated with the tanks, whether above the ground or below; provided, that any point source discharge ofa pollutant to waters of the United States during site remediation or the off-site disposal of contaminated soil, media, or debris shall be regulated by the Department of Environmental Quality, b. aboveground storage tanks that contain antifreeze, motor oil, motor fuel, gasoline, kerosene, diesel, or aviation fuel and that are not located at refineries or at the upstream or intermediate shipment points of pipeline operations, including, but not limited to, tanks from which these materials
are dispensed into vehicles, or tanks used in wholesale or bulk distribution activities, as well as leaks from pumps, hoses, dispensers, and other ancillary equipment associated with the tanks, whether above the ground or below; provided, that any point source discharge ofa pollutant to waters of the United States during site remediation or the off-site disposal of contaminated soil, media, or debris shall be regulated by the Department of Environmental Quality, and
c. the Petroleum Storage Tank Release Environmental Cleanup Indemnity Fund, the Oklahoma Petroleum Storage Tank Release Indemnity Program, and the OklahomaLeaking Underground Storage TankTrustFund. 6. The Department ofEnvironmental Quality shall have solejurisdiction to regulate the transportation, discharge orrelease ofdeleterious substances or solid orhazardous waste or other pollutants from rolling stock and rail facilities. The Department ofEnvironmental Quality shall not have anyjurisdiction withrespect to pipeline transportation ofcarbon dioxide. 7. The Department ofEnvironmental Quality shall have sole environmentaljurisdiction for point and nonpoint source discharges ofpollutants and storm water to waters ofthe state from:
a. refineries, petrochemical manufacturing plants and natural gas liquid extractionplants, b. manufacturing ofequipment andproducts related to oil and gas, c. bulk terminals, aboveground and underground storage tanks 

### not subject to thejurisdiction ofthe Commissionpursuantto this subsection, and d. other facilities, activities and sources not subject to the jurisdiction ofthe Commission or the Oklahoma Department of Agriculture, Food, and Forestry as specifiedbythis section. 8. The Department ofEnvironmental Quality shall have sole environmentaljurisdictionto regulate air emissions from all facilities and sources subject to operating permit requirements underTitleV ofthe federal Clean Air Act as amended. F. Oklahoma Conservation Commission. The Oklahoma Conservation Commission shall have the followingjurisdictional areas ofenvironmental responsibility: I. Soil conservation, erosioncontrol andnonpoint source management except as otherwise providedby law; 2. Monitoring, evaluation and assessment ofwaters to determine the condition ofstreams and rivers being impacted by nonpoint source pollution. In carrying out this area ofresponsibility, the Oklahoma Conservation Commission shall serve as the technical lead agency for nonpoint source categories as defined in Section 319 ofthe federal Clean Water Act or other subsequent federal or state nonpoint source programs, except for activities related to industrial and municipal storm water or as otherwiseprovidedby state law; 3. Wetlands strategy; 4. Abandoned mine reclamation;· 5. Cost-share program for landuse activities; 6. Assessment and conservation plan development and implementation in watersheds of clean lakes, as specified by law; 7. Complaint data management; 8. Coordination ofenvironmental and natural resources education; 9. Federal upstream flood control program; 10. Groundwater protection for activities subject to the jurisdictional areas of environmental responsibility ofthe Commission; 11. Development and promulgation of a Water Quality Standards Implementation Plan pursuant to Section 1-1-202 of this title for its jurisdictional areas of environmental responsibility; 12. Utilization ofOklahoma Water Quality Standards and Implementation documents; and 13. Verification and certification of carbon sequestration pursuant to the Oklahoma Carbon Sequestration Enhancement Act. This responsibility shall not be superseded by the Oklahoma Carbon Capture and Geologic SequestrationAct. G. Department ofMines. The Department ofMines shall have the followingjurisdictional
areas ofenvironmentalresponsibility: 1. Mining regulation; 2. Mining reclamation ofactive mines; 3. Groundwater protection for activities subject to the jurisdictional areas of environmental responsibility ofthe Commission; and 4. Development and promulgation of a Water Quality Standards Implementation Plan pursuant to Section 1-1-202 ofthis title for itsjurisdictional areas ofresponsibility. H. Department ofWildlife Conservation. The Department ofWildlife Conservation shall have the followingjurisdictional areas ofenvironmental responsibilities: 1. Investigatingwildlife kills; 2. Wildlife protection and seeking wildlife damage claims; and 3. Development and promulgation of a Water Quality Standards Implementation Plan pursuant to Section 1-1-202 of this title for its jurisdictional areas of environmental responsibility. I. Department ofPublic Safety. The Department ofPublic Safety shall have the following jurisdictionalareas ofenvironmental responsibilities: 1. Hazardous waste, substances and material transportation inspections as authorized by the Hazardous Materials TransportationAct; and 2. Inspection and audit activities ofhazardous waste and materials carriers and handlers as authorizedby the Hazardous Materials TransportationAct. J. Department ofLabor. The Department ofLabor shall have the followingjurisdictional
areas ofenvironmental responsibility: 1. Regulation of asbestos in the workplace pursuant to Chapter 11 of Title 40 of the Oklahoma Statutes;2. Asbestos monitoring in public and private buildings; and 3. Indoor air quality as regulated under the authority of the Oklahoma Occupational Health and Safety Standards Act, except for those indoor air quality issues specifically authorized to beregulatedby another agency. Such programs shall be a function of the Department's occupational safety and health jurisdiction. K. Oklahoma Department of Emergency Management. The Oklahoma Department of Emergency Management shall have the following jurisdictional areas of environmental responsibilities: 1. Coordination of all emergency resources and activities relating to threats to citizens' lives and property pursuant to the OklahomaEmergency Resources Management Act of 1967; 2. Administer and enforce the planning requirements of Title III of the Superfund Amendments and Reauthorization Act of 1986 and develop such other emergency operations plans that will enable the state to prepare for, respond to, recover from and mitigate potential environmental emergencies and disasters pursuant to the Oklahoma Hazardous Materials Planning and NotificationAct; 3. Administer and conduct periodic exercises ofemergency operations plans provided for inthis subsectionpursuantto the OklahomaEmergency Resources Management Actof1967; 4. Administer and facilitate hazardous materials training for state and local emergency planners and first responders pursuant to the Oklahoma Emergency Resources Management Act of1967; and 5. Maintain a computerized emergency information system allowing state and local access to informationregarding hazardous materials' location, quantity and potential threat. Added by Laws 1992, c. 398, § 6, eff. July 1, 1993. Amended by Laws 1993, c. 145, § 11, eff. July 1, 1993. Renumbered from § 6 ofthis title by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1993, c. 324, § 6, eff. July 1, 1993; Laws 1994, c. 140, § 24, eff. Sept. 1, 1994; Laws 1997, c. 217, § 1, eff. July 1, 1997; Laws 1999, c. 413, § 4, eff. Nov. 1, 1999; Laws 2000, c. 364, § 1, emerg. eff. June 6, 2000; Laws 2002, c. 397, § 1, eff. Nov. 1, 2002; Laws 2004, c. 100, § 2, eff. July 1, 2004; Laws 2004, c. 430, § 11, emerg. eff. June 4, 2004; Laws 2009, c. 429, § 8, emerg. eff. June 1,2009. 

### §27A-2-2-104. Board rules incorporating by reference federal provisions

- No effect on rules from subsequent changes in federal provisions. Insofar as permitted by law and upon recommendation from the appropriate Council, rules promulgatedby the Environmental Quality Board may incorporate a federal statute or regulation by reference. Any Board rule which incorporates a federal provision by reference incorporates the language ofthe federal provision as it existed at the time ofthe incorporation by reference. Any subsequent modification, repeal or invalidation ofthe federal provision shall not be deemed to affect the incorporating Board rule. Addedby Laws 1994, c. 353, § 3, eff. July 1, 1994. 

### §27A-2-3-101. Creation

- Powers and duties

- Disclosure of interests

- Employee classification

- Programs

- Departmental offices and divisions

- Annual report

- Environmental Quality Report

- Environmental services contracts. A. There is hereby created the Department ofEnvironmental Quality.

### B. Within its jurisdictional areas of environmental responsibility, the Department of Environmental Quality, through its duly designated employees or representatives, shall have the power and duty to: I. Perform such duties as required by law; and 2. Bethe official agency ofthe State ofOklahoma, as designated by law, to cooperatewith federal agencies for point source pollution, solid waste, hazardous materials, pollution,. Superfund, water quality, hazardous waste, radioactive waste, air quality, drinking water supplies, wastewatertreatment and any otherprogram authorized by law orexecutive order. C. Any employee ofthe Department in a technical, supervisory or administrative position relating to the review, issuance orenforcement ofpermits pursuantto this Code who is anowner, stockholder, employee or officer of, or who receives compensation from, any corporation, partnership, or other business or entity which is subject to regulation by the Department of Environmental Quality shall disclose such interest to the Executive Director. Such disclosure shall be submitted for Board review and shall be made a part ofthe Board minutes available to the public. This subsection shall not apply to financial interests occurring by reason of an employee's participation in the Oklahoma State Employees Deferred Compensation Plan or publicly tradedmutual funds. D. The Executive Director, Deputy Director, and all otherpositions and employees ofthe Department at the Division Directorlevel orhigher shall be inthe unclassified service. E. The following programs are hereby established within the Department of Environmental Quality: I. An airqualityprogramwhich shall be responsible for airquality; 2. Waterprograms which shall be responsible for water quality, including, butnot limited to point source and nonpoint source pollution within thejurisdiction ofthe Department, public and private water supplies, public and private wastewater treatment, water protection and discharges to waters ofthe state; 3. Land protection programs which shall be responsible for hazardous waste, solid waste, radiation, and municipal, industrial, commercial and other waste within itsjurisdictional areas of environmental responsibilitypursuantto Section 1-3-101 ofthis title; and 4. Special projects and services programs which shall be responsible for duties related to planning, interagency coordination, technical assistance programs, laboratory services and laboratorycertification, recycling, education and dissemination ofinformation. F. Within the Departmentthere are hereby created: 1. The complaintsprogram which shall be responsible for intakeprocessing, investigation, mediation and conciliation ofinquiries and complaints received by the Department and which shall provide for the expedient resolution of complaints within the jurisdiction of the Department; and 2. The customer assistance program which shall beresponsible for advising and providing to licensees, permittees and those persons representing businesses or those persons associated with and representing local political subdivisions desiring a license or permit, the necessary forms and the informationnecessaryto comply withthe OklahomaEnvironmental Quality Code. The customer assistance program shall coordinate with other programs of the Department to assist businesses and municipalities in complying with state statutes and rules governing environmental areas.

### The customer assistance program shall also be responsible for advising and providing assistance to persons desiring information concerning the Department's rules, laws, procedures, licenses orpermits, and forms used to comply withthe OklahomaEnvironmental Quality Code. G. The Department shall be responsible for holding administrative hearings as defined in Section 2-1-102 ofthis title and shall provide support services related to them, including, but not limited to, giving required notices, maintaining the docket, scheduling hearings, and maintaining legal records. H. 1. The Department shall prepare and submit an annual report assessing the status ofthe Department's programs to the Board, the Governor, the President Pro Tempore of the State Senate, and the Speaker ofthe Oklahoma House ofRepresentatives by January 1 ofeach year. The annual status report shall include: the number ofenviromnental inspections made within the various regulatory areas under the Department's jurisdiction; the number ofpermit applications submitted within the various regulatory areas under the Department'sjurisdiction; the number of permits issued within the various regulatory areas under the Department's jurisdiction; the number and type of complaints filed with the Department; the number of resolved and unresolved Department complaints; a list ofany permits and complaints which failed to be either completed or resolved within the Department's established time frames and an explanation of why the Department was unable to meet said time frames; the number and kinds of services provided corporations, businesses, cities, towns, schools, citizen groups and individuals by the customer assistance programs; a summary ofthe Department's enviromnental education efforts; the number and type ofadministrativehearings held and their outcomes; a detailed description of any promulgated and pending emergency or permanent rules requested by the Department and the current status of pending rules within the rulemaking process; the number ofnotices of violations issued by the Department within the various regulatory areas under itsjurisdiction; the amount ofpenalties collected by the Department within the various regulatory areas under its jurisdiction; and any otherinformationwhichthe Departmentbelieves is pertinent. 2. Beginning January 1, 1995, and on or before January 1 ofevery year thereafter, the Department shall prepare an Oklahoma Enviromnental Quality Report which outlines the Department's annual needs for providing enviromnental services within its jurisdictional areas. The report shall reflect any new federal mandates and any state statutory or constitutional changes recommended by the Department within its jurisdictional areas. The Oklahoma Enviromnental Quality Report shall be reviewed, amended, and approved by the Board. The Department shall transmit an approved copy ofthe Oklahoma Enviromnental Quality Report to the Governor, President Pro Tempore of the State Senate, and Speaker of the House of Representatives. 3. The Executive Director shall establish such divisions and such other programs and offices as the Executive Director may determine necessary to implement and administer programs and functions within the jurisdiction of the Department pursuant to the Oklahoma Enviromnental QualityCode. I. 

### 1. The Department may contract with other governmental entities to provide enviromnental services. Such contracts may include duties related to providing information to the public regarding state enviromnental services, resources, permitting requirements and procedures based upon the ability, education and training of state enviromnental agency employees. 2. The Department, in conjunction with the state enviromnental agencies, may develop a program for thepurpose oftraining government employees to provide any needed enviromnental

### services; provided, that the investigation ofcomplaints regarding, or inspections of, permitted sites or facilities shall not be performed by employees of other agencies, unless otheIWise authorizedby law. Added by Laws 1992, c. 398, § 9, eff. Jan. I, 1993. Amended by Laws 1993, c. 145, § 16, eff. July 1, 1993. Renumbered from 

### § 9 ofthis title by Laws 1993, c. 145, 

### § 359, eff. July I, 1993. Amended by Laws 1993, c. 324, § 5, eff. July I, 1993; Laws 1995, c. 246, § I, eff. Nov. I, 1995; Laws 2002, c. 139, § I, emerg. eff. April 29, 2002. §27A-2-S-10S. Administrative agency
- Powers and duties. The Department ofEnvironmental Quality is hereby designated the administrative agency for the Oklahoma Clean Air Act for the state. The Departmentis empoweredto: 1. 

### Establish, in accordance with its provisions, those programs specified elsewhere in the OklahomaCleanAirAct; 2. Establish, in accordance with the Oklahoma Clean Air Act, a permitting program for the state which will contain the flexible source operation provisions required by Section 502(b)(10) ofthe Federal CleanAirActAmendments of1990; 3. Prepare and develop a general plan for proper air quality management in the state in accordance withthe Oklahoma Clean AirAct; 4. Enforce rules ofthe Board and orders ofthe Department andthe Council; 5. Advise, consult and cooperate with other agencies of the state, towns, cllies and counties, industries, other states and the federal government, and with affected groups in the prevention and control ofnew and existing aircontamination sources withinthe state; 6. Encourage and conduct sliIdies, seminars, workshops, investigations and research relating to airpollution and its causes, effects, prevention, control and abatement; 7. Collect and disseminate informationrelating to airpollution, its preventionandcontrol; 8. Encourage voluntary' cooperation by persons, towns, cities and counties, or other affected groups inrestoring and'preserving areasonable degree ofpurity ofairwithinthe state; 9. Represent the State ofOklahomain any and all matters pertaining to plans, procedures
ornegotiations for the interstate compacts inrelation to 

### the control ofair

### pollution; 10. Provide such technical, scientific or other services, including laboratory and other facilities, as may be required for the purpose ofcarrying out the provisions ofthe Oklahoma CleanAirAct, from funds available for suchpurposes; II. Employ and compensate, within funds available therefor, such consultants and technical assistants and such other employees on a full- orpart-time basis as maybenecessary to carry outtheprovisions ofthe OklahomaClean

### AirAct andprescribe theirpowers and duties; 12. Accept and administer grants or other funds or gifts for the purpose ofcarrying out any ofthe functions ofthe OklahomaCleanAir Act; 13. Budget and receive duly appropriated monies and all other monies available for expenditures to carry outtheprovisions andpurposes ofthe OklahomaCleanAir Act; 14. Bring appropriate court action to enforce the Oklahoma CleanAir Act and fmal orders ofthe Department, and to 

### obtain injunctive or other proper reliefin the district court ofthe county where any alleged violation occurs or where such reliefis determined necessary. The Department, in furtherance ofits staliItorypowers, shall have the independent authority to file an action pursuant to 

### the Oklahoma Clean Air Act in district court. Such action shall bebroughtin the name ofthe DepartmentofEnvironmental Quality;

### IS. Take such action as may be necessary to abate the alleged pollution upon receipt of evidence that a source ofpollution or a combination of sources ofpollution is presenting an immediate, imminent and substantial endangerment to the health ofpersons;
. 16. Periodically enter and inspect at reasonable times or during regular business hours; any source, facility or premises permitted or regulated by the Department, for the purpose of obtaining samples or determining compliance with the Oklahoma Clean Air Act or any rule promulgated thereunder or permit condition prescribed pursuant thereto, or to examine any records kept or required to be kept pursuant to the Oklahoma Clean Air Act. Such inspections shall be conducted with reasonable promptness and shall be confined to those areas, sources, facilities or premises reasonably expected to emit, control, orcontribute to the emission ofany aircontaminant; 17. Require the submission or the production and examination, within a reasonable amount oftime, of any information, record, document, test or monitoring results or emission data, including trade secrets necessary to determine compliance with the Oklahoma Clean Air Act or any rule promulgated thereunder, or any permit condition prescribed or order issued pursuant thereto. The Department shall hold and keep as confidential any information declared by the provider to be a trade secret and may only release such information upon authorization by the person providing such information, or as directed by court order. Any documents submitted pursuant to the Oklahoma Clean Air Act and declared to be trade secrets, to be so considered, must be plainly labeled by the provider, and be in a form whereby the confidential information may be easily removed intact without disturbing the continuity of any remaining documents. The remaining document, or documents, as submitted, shall contain a notation indicating, at the place where the particular information was originally located, that confidential information has been removed. Nothing in this section shall preclude an in-camera examination ofconfidential informationby an Administrative Law Judge during the course ofacontestedhearing; 18. Maintain and update at least annually an inventory ofair emissions from stationary sources; 19. Accept any authority delegated from the federal government necessary to carry out anyportion ofthe OklahomaClean Air Act; and 20. Carry out all other duties, requirements and responsibilities necessary and proper for the implementation ofthe Oklahoma Clean Air Act and fulfilling the requirements ofthe Federal Clean AirAct. Added by Laws 1992, c. 215, 

### § 4, emerg. eff. May IS, 1992. Amended by Laws 1993, c. 145, 

### § 42, eff. July I, 1993. Renumbered from § 1-1805.1 ofTitle 63 by Laws 1993, c. 145, § 359, eff. July 1,1993. 

### Amended by Laws 1998, c. 314, § 6, eff. July 1,1998; Laws 2002, c. 397, § 2, eff. Nov. 1,2002.
NOTE: Laws 1993, c. 47, § I repealedbyLaws 1994, c. 2, § 34, emerg. eff. March 2,1994.
§27A-2-S-106. Rules and regulations. The Board is hereby authorized, after public rulemaking hearing and approval by the Council, to: I. Promulgate, amend or repeal rules for the prevention, control and abatement of air 

### pollution and for establishment of health and safety tolerance standards for discharge of air contaminants to the atmosphere; and

### 2. Promulgate such additional rules including but not limited to permit fees, as it deems necessary to protectthe health, safety and welfare ofthe public and fulfill the intent and purpose oftheseprovisions. Added by Laws 1992, c. 215, § 5, emerg. eff. May 15, 1992. Amended by Laws 1993, c. 145, § 43, eff. July 1, 1993. Renumbered from Title 63, 

### § 1-1806.1 by Laws 1993, c. 145, 

### § 359, eff. July 1, 1993. §27A-2-S-107. Air Quality Council- Powers and duties. Thepowers and duties ofthe Council shall be as follows: 1. The Council shall recommend to the Board rules or amendments thereto for the prevention, control and prohibition ofairpollution and for the establishment ofhealth and safety tolerances for discharge ofair contaminants in the state as may be consistent with the general intent and purposes ofthe Oklahoma Clean Air Act. The recommendations may include, but neednotbe limitedto, rules required to implementthe following:
a. a comprehensive state airpermittingprogram, b. an accidental releasepreventionprogram, c. a program for the regulation and control of toxic and hazardous lIlr contaminants, d. aprogram for theregulation and control ofacid deposition,
e. a small business program, and f. a system ofassessing and collecting fees; 2. The Council shall recommend rules ofpractice and procedure applicable to proceedings before the Council; 3. Before recommending any permanent rules, or any amendment orrepeal thereofto the Board, the Council shall hold apublic rulemaking hearing. The Council shall have full authority to conduct such hearings, and may appoint ahearing officer; 4. A rule, or any amendment thereof, recommendedby the Council may differ in its terms and provisions as between particular conditions, particular sources, and particular areas ofthe state. In 

### considering rules, the Council shall give due recognition to the evidence presented that the quantity or characteristic of air contaminants or the duration of their presence in the atmosphere, which may cause a need for air control in one area ofthe state, may not cause need for air control in another area ofthe state. The Council shall take into consideration, in this connection, all factors found by it to be proper andjust, including but not limited to existing physical conditions, economic impact, topography, population, prevailing wind directions and velocities, and the fact that a rule and the degrees of conformance therewith which may be proper as to an essentially residential area ofthe state may not be proper either as to a highly developed industrial area ofthe state oras to arelativelyunpopulated area ofthe state; 5. Recommendations to the Board shall be in writing and concurred upon by at least five members ofthe Council; 6. The Council shall havethe authority andthe discretion to provide apublic forum for the discussion ofissues itconsiders relevantto the airquality ofthe state, andto: a. pass nonbindingresolutions expressing the sense ofthe Council, b. make recommendations to the Department concerning the need and the desirability ofconductingpublic meetings, workshops and seminars, and

### c. hold public hearings to receive public comment in fulfillment of federal requirements regarding the State Implementation Plan and make recommendations to the Departmentconcerning the plan; and 7. The Council shall have the authority to conduct individual proceedings, to issue notices ofhearings and subpoenas requiring the attendance ofwitnesses and the production ofevidence, to administer oaths, and to take testimony and receive such pertinent and relevantproofas it may deem to be necessary, proper or desirable in orderthat it may effectively discharge its duties and responsibilities under the Oklahoma Clean Air Act. The Council is also empowered to appoint
an Administrative Law Judge to conduct individual proceedings and prepare such findings of fact, conclusions oflaw and proposed orders as they may require. Upon issuance ofa proposed order, the Council shall request that the Executive Director issue a final order in accordance with their findings ortake such action as indicated andnotify the respondent thereofinwriting. Added by Laws 1992, c. 215, § 7, emerg. eff. May 15, 1992. Amended by Laws 1993, c. 145, § 44, eff. July I, 1993. Renumbered from Title 63, § 1-1808.1 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amendedby Laws 1994, c. 353, § 7, eff. July 1, 1994. §27A-2-5-110. Violations

- Compliance orders

- Administrative penalties

- Notice and hearing

- Burden ofproof

- Settlements or consent orders. A. In 

### addition to any other remedy provided for by law, the Department may issue a written order to any person whom the Department has reason to believe has violated, or is presently inviolation of, the Oklahoma Clean Air Act or anyrule promulgatedby the Board, any order ofthe Department or Council, or any condition ofany permit issued by the Department pursuant to the Oklahoma Clean Air 

### Act, and to whom the Departmenthas served, no less than fifteen (15) days previously, a written notice ofviolation. The Department shall by conference, conciliation and persuasion provide the person a reasonable opportunity to eliminate such violations, but may, however, reduce the fifteen-day notice period as in the opinion of the Departmentmaybenecessary to renderthe orderreasonably effectual. B. Such order may require compliance immediately or within a specified time period or both. The order, notwithstanding any restriction contained in subsection A ofthis section, may also assess an administrative penalty for past violations occurring no more than five (5) years priorto the date the orderis filed with the Department, and for each day orpart ofaday that such person fails to comply withthe order. C. Any order issued pursuant to this section shall state with specificity the nature ofthe violation or violations, and may impose such requirements, procedures or conditions as may be necessary to correct the violations. The Department may also order any environmental contamination having the potential to adversely affect the public health, when caused by the violations, to be correctedbytheperson orpersons responsible. D. Anypenalty assessed in the order shall not exceed Ten Thousand Dollars ($10,000.00) per day for each violation. In 

### assessing such penalties, the Department shall consider the seriousness ofthe violation or violations, any good faith efforts to comply, and other factors determinedbyrule to be relevant. A final order following an enforcement hearing may assess an administrative penalty ofan amount based upon consideration ofthe evidencebut not exceeding the amount stated in the written order. E. Any orderissuedpursuantto this section shallbecome a final order, unless no laterthan fifteen (15) days after the order is served the person orpersons named therein request in writing
an enforcementhearing. Said order shall contain language to that effect. Upon such request, the

### Department shall promptly schedule the enforcement hearing before an Administrative Law Judge for the Department andnotify the respondent. F. At all proceedings with respect to any alleged violation ofthe Oklahoma Clean Air Act,
or any rule promulgatedthereunder, theburden ofproofshall be upon the Department. G. Nothing in this section shall be construed to limit the authority ofthe Department to enter into an agreed settlement or consent orderwith any respondent. Added by Laws 1992, c. 215, § 10, emerg. eff. May 15, 1992. Amended by Laws 1993, c. 145, § 47, eff. July 1,1993. Renumbered from § 1-1811 ofTitle 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1993, c. 324, § 13, ef£ July 1, 1993; Laws 1999, c. 131, § 1, eff. Nov. 1, 1999; Laws 2001, c. 109, § 1, emerg. eff. April 18, 2001.
§27A-2-5-112. Comprehensive permitting program
- Issuance, denial or renewal. 

### A. Upon the effective da,te ofpermitting rules promulgated pursuant to the Oklahoma Clean Air Act, it shall be unlawful for any person to construct any new source, or to modify or operate any new or existing source ofemission ofair contaminants except in compliance with a permit issued by the Department ofEnvironmental Quality, unless the source has been exempted
or deferred or is in compliance with an applicable deadline for submission ofan application for suchpermit. B. The Department shall have the authority and the responsibility, in accordance with rules ofthe Environmental QualityBoard, to implement a comprehensive permittingprogram for the state consistent with the requirements ofthe Oklahoma Clean Air Act. Such authority shall includebut shall notbe limitedto the authority to: 1. Expeditiously issue, reissue, modify and reopen for cause, permits for new and existing
sources for the emission ofair contaminants, and to grant a reasonable measure ofpriorityto the processing of applications for new construction or modifications. The Department may also revoke, suspend, deny, refuse to issue or to reissue a permit upon a determination that any permittee or applicant is in violation ofany substantive provisions ofthe Oklahoma Clean Air Act, or anyrule promulgatedthereunder or anypermitissuedpursuantthereto; 2. Refrain from issuing apermitwhen issuance has been objected to by the Environmental Protection Agency in accordance with Title V ofthe Federal Clean AirAct; 3. Revise any permit for cause or automatically reopen it to incorporate newly applicable rules orrequirements ifthe remaining permit term is greater than three (3) years; or incorporate insignificant changes into apermitwithout requiring arevision; 4. Establish and enforce reasonable permit conditions which may include, but not be limited to: a. emission limitations for regulated aircontaminants, b. operatingprocedures whenrelatedto emissions,
c. performance standards, d. provisions relating to entry and inspections, and
e. compliance plans and schedules; 5. Require, ifnecessary, atthe expense ofthepermittee orapplicant:
a. installation andutilization ofcontinuous monitoring devices, b. sampling, testing and monitoring of emissions as needed to determine compliance,
c. submission ofreports and testresults, and d. ambient airmodeling andmonitoring;

### 6. Issue:
a. b. 

### general permits covering similar sources, and permits to sources in violation, when compliance plans, which shall be enforceableby the Department, are incorporatedinto the permit; 7. Require, at a minimum, that emission control devices on stationary sources be reasonably maintained andproperly operated; 8. Require that a permittee certify that the facility is in compliance with all applicable requirements ofthe permit and to promptlyreport any deviations therefrom to the Department; 9. Issue permits to sources requiring permits under Title V ofthe Federal Clean Air Act for a term not 

### to exceed five (5) years, except that solid waste incinerators may be allowed a term ofup to twelve (12) years provided thatthe permit shallbe reviewed no less frequently than every five (5) years; 10. Specify requirements and conditions applicable to the content and submittal ofpermit applications; set by rule, a reasonable time in which the Department must determine the completeness ofsuch applications; and 11. Determine the form and content ofemission inventories and require their submittal by any source orpotential source ofaircontaminant emissions. C. Rules ofthe Board may set limits below which a source ofair contaminants may be exempted from the requirement to obtain a permit or to pay any fee. Any source so exempted, however, shall remain underjurisdiction ofthe Department and shall be subjectto any applicable rules or general permitrequirements. Such rules shall not prohibit sawmill facilities from open burning any wood waste resulting .fromthe milling ofuntreated cottonwood lumberin areas that have always attained ambient air quality standards. D. To ensure against unreasonable delay on the part ofthe Department, the failure ofthe Department to act in either the issuance, denial or renewal ofa permit in a reasonable time, as determined by rule, shall be deemed to be a final permit action solely for purpose ofjudicial review under the Administrative Procedures Act, withregard to the applicant or any person who participated in the public review process. The Supreme Court 

### or the district court, as the case maybe, mayrequire that actionbe takenbythe Department on the application without additional delay. No permit, however, maybe issuedby default. E. The Department shall notify, or require that any applicant notify, all states whose air qualitymaybe affected andthat are contiguous to the State ofOklahoma, or are within fifty (50) miles ofthe source of each permit application or proposed permit for those sources requiring permits under Title V ofthe Federal Clean Air Act, and shall provide an opportunity for such states to submitwritten recommendations respecting the issuance ofthe permit and its terms and conditions. F. No person, including but not limited to the applicant, shall raise any reasonably ascertainable issue in any future proceeding, unless the same issues have been raised and documentedbefore the close ofthe public commentperiod onthe draftpermit. G. A change in ownership ofany facility or source subject to permitting requirements under this section shall not necessitate any action by the Department not otherwise required by the Oklahoma Clean Air Act. Any permit applicable to such source at the time oftransfer shall be enforceable in its entirety against the transferee in the same manner as 

### it would have been against the transferor, as shall any requirement contained in any rule, or compliance schedule set forth in any variance or order regarding or applicable to such source. Provided, however, no transferee in good faith shall be held liable for penalties for violations ofthe transferorunless the

### transferee assumes all assets and liabilities through contract or othermeans. Forthe purposes of this subsection, good faith shall be construed to mean neither having actual knowledge of a previous violation nor constructive knowledge whichwould lead a reasonable personto know of the violation. It 

### shall be the responsibility ofthe transferor to notify the Department in writing within thirty (30) days ofthe change in ownership. H. Operating permits may be issued to new sources without public review upon a proper determinationbythe Departmentthat: I. The construction permit was issued pursuant to the public review requirements ofthe Code andrules promulgated thereunder; and 2. The operating permit, as issued, does not differ from the construction permit in any mannerwhich would otherwise subjectthepermit to publicreview. Added by Laws 1992, c. 215, 

### § 12, emerg. eff. May 15,1992. Amended by Laws 1993, c. 145, 

### § 49, eff. July I, 1993. Renumbered from 

### § 1-1813 ofTitle 63 by Laws 1993, c. 145, 

### § 359, eff. July I, 1993. Amended by Laws 1994, c. 373, 

### § 16, eff. July I, 1994; Laws 1995, c. 285, 

### § 2, eff. July I, 1996; Laws 1999, c. 284, 

### § I, emerg. eff. May 27, 1999; Laws 2000, c. 6, 

### § 7, emerg. eff. March 20, 2000; Laws 2004, c. 83, 

### § I, emerg. eff. April 13, 2004; Laws 2004, c. 381, 

### § 4, emerg. eff. June 3, 2004.
NOTE: Laws 1999, c. 131, 

### § 2 repealed by Laws 2000, c. 6, 

### § 33, emerg. eff. March 20, 2000. §27A-2-S-1l4. Implementation and 

### enforcement of federal emission standards

- Oil and 

### gas well and 

### equipment emissions. A. 

### The Department shall have the authority to establish a program for the implementation and enforcement ofthe federal emission standards and other requirements under Section 112 of the Federal Clean Air Act for hazardous air pollutants and for the prevention and mitigation of accidental releases ofregulated substances under Section 112(r) ofthe Federal Clean AirAct. 1. 

### Except as otherwise provided by paragraph 2 ofthis subsection, to assure that such program shall be consistentwith, and notmore stringentthan, federal requirements:
a. any rule recommended by the Council and promulgated by the Board regarding hazardous airpollutants and regulated substances shall onlybe by adoption byreference offinal federal rules, and b. shall include the federal earlyreductionprogram under Section 112(i) (5) of theFederal Clean AirAct. 2. The Board may promulgate, pursuant to recommendation by the Council, rules which establish emission limitations for hazardous air pol1utants which are more stringent than the applicable federal standards, upon a determination by the Council that more stringent standards
are necessaryto protectthepublic health orthe environment. B. The Department shall also have the authority to establish a separate and distinct program only for the control of the emission of those toxic air contaminants not otherwise regulatedby a final emission standard under Section 112(d) ofthe Federal CleanAirAct. I. Suchprogram shall consist ofpermanentrules establishing:
a. appropriate emission limitations, work practice standards, maximum acceptable ambient concentrations or control technology standards necessary for theprotection ofthepublic healthorthe environment, and b. emissions monitoring or process monitoring requirements necessary to assure compliancewith the requirements ofthis section.

### 2. Paragraph 1 ofthis subsection shall not be construed as requiring readoption ofexisting rules regarding toxic air contaminants. C. Regulation of any hazardous air pollutant pursuant to a final emission standard promulgated under Section l12(d) ofthe Federal Clean Air Act, shall preclude its regulation as a toxic air contaminantunder subsection B ofthis section. D. Emissions from any oil or gas exploration or production well with its associated equipment, and emissions from any pipeline compressor orpump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources, and in the
case of any oil or gas exploration or production well with its associated equipment, such emissions shall notbe aggregated for anypurpose underthis section. E. The Department shall not list oil and gas production wells with their associated equipment as an area source category, except that the Department may establish an area source category for oil and gas production wells located in any metropolitan statistical area or consolidated metropolitan statistical area with a population in excess ofone million (1,000,000) ifthe Department determines that emissions ofhazardous air pollutants from such wells present more than 

### anegligiblerisk ofadverse effects to public health. F. Nothing in this section shall be construed to limit authority established elsewhere in the Oklahoma Clean Air Act. AddedbyLaws 1992, c. 215, 

### § 14, emerg. eff. May 15,1992. AmendedbyLaws 1993, c. 145, 

### § 51, eff. July 1,1993. Renumbered from Title 63, 

### § 1-1815 byLaws 1993, c. 145, 

### § 359, eff. July 1,1993.
§27A-2-S-117. Civil actions

- Injunctions

- 

### Abatement

- Civil penalties. A. 

### The Department shall have the authority to commence a civil action for apermanent or temporary injunction or other appropriate relief, or to require abatement of any emission or correction ofany contamination, or to 

### seek and recover a civil penalty ofnot more than Ten Thousand Dollars ($10,000.00) per day for each violation, or all ofthe above, in any of the following instances: 1. Whenever any person has violated or is in violation ofany applicable provision ofthe Oklahoma Clean AirAct, or anyrule promulgatedthereunder; 2. Whenever any person has commenced construction, modification or operation ofany source, oroperates any sourceinviolation oftherequirementto have apermit, orviolates oris in violation of any substantive provision or condition of any permit issued pursuant to the Oklahoma CleanAirAct; or 3. Whenever any person has violated any order ofthe Department or the Councilor any requirementto pay any fee, fine orpenalty owedto the state pursuant to the Oklahoma Clean Air Act.

. B. 

### The district attorney or attorneys havingjurisdiction shall have primary authority and responsibility for prosecution ofany civil or criminal violations under the Oklahoma Clean Air Act and for the collection of any delinquent fees, penalties or fines assessed pursuant to 

### the Oklahoma Clean Air Act and shallbe entitledto recoverreasonable costs ofcollection, including attorney fees, and an appropriate fee ofup to fifty percent (50%) for collecting delinquent fees, penalties orfines.

### Addedby Laws 1992, c. 215, 

### § 17, emerg. eff. May 15, 1992. Amendedby Laws 1993, c. 145, 

### § 54, eff. July 1, 

### 1993. Renumbered from Title 63, 

### § 1-1818 by Laws 1993, c. 145, 

### § 359, eff. July 1,1993.

### OPEN RECORDS ACT
§51-24A.1. Shorttitle. Section 24A.1 et seq. ofthis title shall be known and may be cited as the "Oklahoma Open Records Act". Added by Laws 1985, c. 355, § 1, eff. Nov. 1, 1985. Amended by Laws 1988, c. 68, § 1, eff. Nov. 1, 1988; Laws 1988, c. 187, § 1, emerg. eff. June 6,1988; Laws 1996, c. 247, § 41, eff. July 1,1996; Laws 1997, c. 2, § 10, emerg. eff. Feb. 26,1997.
NOTE: Laws 1996, c. 209, § 1 repealed by Laws 1997, c. 2, § 26, emerg. eff. Feb. 26,1997. §51-24A.2. Public 

### policy

- Purpose ofact. As the Oklahoma Constitution recognizes and guarantees, all political power is inherent in the people. Thus, itis the public policy ofthe State ofOklahoma that the people are vested with the inherent right to know and be fully informed about their government. The Oklahoma Open Records Act shall not create, directly or indirectly, any rights ofprivacy or any remedies for violation of any rights of privacy; nor shall the Oklahoma Open Records Act, except as specifically set forth in the Oklahoma Open Records Act, establish any procedures for protecting any person from release ofinformation contained inpublic records. The purpose ofthis act is to ensure and facilitate the public's right ofaccess to andreview ofgovernmentrecords so they may efficiently and intelligently exercise their inherent political power. The privacy interests of individuals are adequately protected in the specific exceptions to the Oklahoma Open Records Act or in the statutes which authorize, create or require the records. Except where specific state or federal statutes create a confidential privilege, persons who submit information to public bodies have no right to keep this information from public access nor reasonable expectation that this information will be kept from public access; provided, the person, agency or political subdivision shall at all times bear the burden ofestablishing such records areprotectedby such a confidential privilege. Except as may be required by other statutes, public bodies do not need to follow any procedures for providing access to public records except those specifically required bythe Oklahoma OpenRecords Act. Added by Laws 1985, c. 355, § 2, eff. Nov. 1, 1985. Amended by Laws 1988, c. 187, § 2, emerg. eff. June 6,1988. §51-24A.3. Defmitions. As used inthis act: 1. 

### "Record" means all documents, including, but not limited to, any book, paper, photograph, microfilm, data files created by or used with computer software, computer tape, disk, record, sound recording, film recording, video record or other material regardless of physical form or characteristic, created by, received by, under the authority of, or coming into the custody, control or possession ofpublic officials, public bodies, or their representatives in connection with the transaction of public business, the expenditure of public funds or the administering ofpublicproperty. "Record" does not mean: a. computer software, b. nongovernment personal effects,

### c. unless public disclosure is required by other laws or regulations, vehicle movement records of the Oklahoma Transportation Authority obtained in connectionwith the Authority's electronic toll collection system, d. personal financial information, credit reports or other financial data obtained by or submitted to a public body for the purpose of evaluating credit worthiness, obtaining a license, permit, or for the purpose of· becoming qualifiedto contractwith apublicbody,
e. any digital audio/video recordings ofthe toll collection and safeguarding activities ofthe Oklahoma Transportation Authority, f. any personal information provided by a guest at any facility owned or operated by the Oklahoma Tourism and Recreation Department or the Board ofTrustees ofthe Quartz Mountain Arts and Conference Center and Nature Park to obtain any service at the facility or by a purchaser of a product sold by or through the Oklahoma Tourism and Recreation Departmentorthe Quartz MountainArts and Conference Center andNature Park, g. a Department ofDefense Form 214 (DD Form 214) filed with a county clerk, including any DD Form 214 filed before the effective date ofthis act, or h. except as.provided for in Section 2-110 of Title 47 of the Oklahoma Statutes, (I) 

### any record in connection with aMotor Vehicle Report issued by the Department ofPublic Safety, as prescribed in Section 6-117 ofTitle 47 ofthe Oklahoma Statutes, (2) personal information within driver records, as defined by the Driver's Privacy Protection Act, 18 United States Code, Sections 2721 through 2725, which are stored and maintained by the DepartmentofPublic Safety, or (3) audio orvideo recordings ofthe DepartmentofPublic Safety; 2. "Public body" shall include, butnotbe limited to, any office, department, board, bureau, commission, agency, trusteeship, authority, council, committee, trust or any entity created by a trust, county, city, village, town, township, district, school district, fair board, court, executive office, advisory group, task force, study group, or any subdivision thereof, supported in whole or in part by public funds or entrusted with the expenditure ofpublic funds or administering or operating public property, and all committees, or subcommittees thereof. Except for the records required by Section 24A.4 ofthis title, "public body" does not meanjudges,justices, the Council
onJudicial Complaints, the Legislature, orlegislators; 3. "Public office" means the physical location where public bodies conduct business or keep records; 4. "Public official" means any official or employee ofany public body as defined herein; and 5. "Law enforcement agency" means anypublicbody chargedwith enforcing state orlocal criminal laws and initiating criminal prosecutions, including, but not limited to, police departments, county sheriffs, the Department ofPublic Safety, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic Beverage Laws Enforcement Commission, and the Oklahoma State Bureau ofInvestigation.

### Added by Laws 1985, c. 355, § 3, eff. Nov. I, 1985. Amended by Laws 1987, c. 222, § 117, operative July 1,1987; Laws 1988, c. 187, § 3, emerg. eff. June 6,1988; Laws 1993, c. 39, § I, eff. Sept. I, 1993; Laws 1996, c. 209, § 2, eff. Nov. I, 1996; Laws 1998, c. 315, § 4, emerg. eff. May 28,1998; Laws 1998, c. 368, § 11, eff. July I, 1998; Laws 2001, c. 355, § I, emerg. eff. June 1,2001; Laws 2002, c. 478, 

### § 2, eff. July I, 2002; Laws 2003, c. 3, 

### § 42, emerg. eff. March 19,2003; Laws 2004, c. 328, § I, eff. July I, 2004; Laws 2005, c. 199, § 4, eff. Nov. 1,2005. NOTE: Laws 2002, c. 293, § 3 repealedby Laws 2003, c. 3, § 43, emerg. eff. March 19, 2003. §51-24A.4. Record ofreceipts and expenditures. In addition to other records which are kept or maintained, every public body and public official has a specific duty to keep and maintain complete records ofthe receipt and expenditure ofany public funds reflecting all financial and business transactions relating thereto, except that suchrecords maybe disposed ofas providedbylaw. AddedbyLaws 1985, c. 355, § 4, eff. Nov. I, 1985. §51-24A.5. Inspection, copying and/or mechanical reproduction ofrecords

- Exemptions. All records ofpublic bodies and public officials shall be open to any person for inspection, copying, ormechanical reproduction during regularbusiness hours; provided: 1. 

### The Oklahoma Open Records Act, Sections 24A.I through 24A.28 ofthis title, does not apply to records specifically requiredby law to bekept confidential including: a. records protectedby a state evidentiaryprivilege such as the attorney-client privilege, the work product immunity from discovery and the identity of informerprivileges, b. records ofwhat transpired during meetings ofa public body lawfully closed to the public such as executive sessions authorized under the Oklahoma Open Meeting Act, Section 301 et seq. of Title 25 of the Oklahoma Statutes,
c. personal information within driver records as defined by the Driver's Privacy Protection Act, 18 United States Code, Sections 2721 through 2725,
or d. information in the files ofthe Board ofMedicolegal Investigations obtained pursuant to Sections 940 and 941 ofTitle 63 ofthe Oklahoma Statutes that may be hearsay, preliminary unsubstantiated investigation-related findings,
orconfidential medicalinformation. 2. Any reasonably segregable portion of a record containing exempt material shall be provided after deletion of the exempt portions; provided however, the Department of Public Safety shall not be required to 

### assemble for the requesting person'specific information, in any format, from driving records relating to any person whose name anddate ofbirth orwhose driver license numberis not furnished by therequesting person. The Oklahoma State Bureau ofInvestigation shall not be required to assemble for the requesting person any criminal history records relating to persons whose names, dates ofbirth, and other identifying information required by the Oklahoma State Bureau of Investigation pursuant to administrative rule are not furnished by therequesting person. 3. Any request for a record which contains individual records ofpersons, and the cost of copying, reproducing or certifying each individual record is otherwise prescribed by state law, the cost may be assessed for each individual record, orportion thereofrequested as prescribedby

### state law. Otherwise, a public body may charge a fee only for recovery ofthe reasonable, direct costs of record copying, or mechanical reproduction. Notwithstanding any state or local provision to the contrary, in no instance shall the record copying fee exceed twenty-five cents ($0.25) perpage for records having the dimensions ofeight and one-half(8 1/2) by fourteen (14) inches or smaller, or a maximum ofOne Dollar ($1.00) per copied page for a certified copy. However, ifthe request: a. is solely for commercial purpose, or b. would clearly cause excessive disruption of the essential functions ofthe public body, then the public body may charge a reasonable fee to recover the direct cost ofrecord search and copying; however, publication in a newspaper or broadcast by news media for news purposes shall not constitute a resale or use ofa record for trade or commercial purpose and charges for providing copies ofelectronic data to the news media for a news purpose shall not exceed the direct cost ofmaking the copy. The fee charged by the Department ofPublic Safety for a copy in a computerized format of a record of the Department shall not exceed the direct cost of making the copyunless the fee for the record is otherwise setby law. Anypublic body establishing fees under this act shall post a written schedule ofthe fees at its principal office and with the county clerk. In 

### no case shall a search fee be chargedwhen the release ofrecords is inthe public interest, including, but not limited to, release to the news media, scholars, authors and taxpayers seeking to determine whether those entrusted with the affairs ofthe government are honestly, faithfully, and competentlyperformingtheir duties as public servants. The fees shall not be used for the purpose ofdiscouraging requests for information or as obstacles to disclosure ofrequested information. 4. The land description tract index ofall recorded instruments concerning real property required to be kept by the county clerk ofany county shall be available for inspection or copying in accordance with the provisions ofthe Oklahoma Open Records Act; provided, however, the index shall not be copied ormechanicallyreproduced for thepurpose ofsale ofthe information. 5. A public body must provide prompt, reasonable access to its records but may establish reasonable procedures which protect the integrity and organization ofits records and to prevent excessive disruptions ofits essential functions. 6. A public body shall designate certain persons who are authorized to release records of thepublicbody for inspection, copying, ormechanical reproduction. At leastoneperson shall be available at all times to release records during theregularbusiness hours ofthepublic body. Added by Laws 1985, c. 355, 

### § 5, eIT. Nov. I, 1985. Amended by Laws 1986, c. 213, 

### § I, emerg. eIT. June 6, 1986; Laws 1986, c. 279, § 29, operative July I, 1986; Laws 1988, c. 187, § 4, emerg. eIT. June 6, 1988; Laws 1992, c. 231, § 2, emerg. eIT. May 19, 1992; Laws 1993, c. 97, § 7, eIT. Sept. I, 1993; Laws 1996, c. 209, § 3, eIT. Nov. I, 1996; Laws 2000, c. 342, § 8, eIT. July I, 2000; Laws 2001, c. 137, § I, emerg. eIT. April 24, 2001; Laws 2005, c. 199, § 5, eIT. Nov. 1,2005; Laws 2006, c. 16, § 34, emerg. eIT. March 29, 2006. NOTE: Laws 2005, c. 223, § I repealedby Laws 2006, c. 16, § 35, emerg. eIT. March29, 2006. 

### §51-24A.6. Public body maintaining less than 30 hours of regular business per week

- Inspection, copying ormechanical reproduction ofrecords.

### A. Ifa public body or its office does not have regular business hours ofat least thirty (30) hours a week, the public body shall post and maintain a written notice at its principal office and withthe county clerkwhere the public body is locatedwhich notice shall: 1. 

### Designate the days ofthe week when records are available for inspection, copying or mechanical reproduction; 2. Set forth the name, mailing address, and telephone number ofthe individual in charge· ofthe records; and 3. Describe in detail the procedures for obtaining access to the records at least two days of the week, excluding Sunday. B. The person requesting the record andthe person authorized to release the records ofthe public body may agree to inspection, copying, or mechanical reproduction on a day and at atime other than that designated inthe notice. Addedby Laws 1985, c. 355, § 

### 6, eff. Nov. 

### I, 1985.
§51-24A.7. Personnel records

- Confidentiality

- Inspection and copying. A. 

### A public body may keep personnel records confidential: 

### I. Which relate to internal personnel investigations including examination and selection material for employment, hiring, appointment, promotion, demotion, discipline, or resignation;
or 2. Where disclosure would constitute a clearly unwarranted invasion ofpersonal privacy such as employee evaluations, payroll deductions, employment applications submitted by persons not hired by the public body, and transcripts from institutions of higher education maintained in the personnel files ofcertified public school employees; provided, however, that nothing in this subsection shall be construed to exempt from disclosure the degree obtained and the curriculum onthe transcripts ofcertifiedpublic school employees. B. 

### All personnel records not specifically falling within the exceptions provided in subsectionA 

### ofthis section shall be available for public inspection and copying including, but not limitedto, records of: I. An employment application ofaperson who becomes apublic official; 2. The gross receipts ofpublic funds; 3. The dates ofemployment, title orposition; and 4. Any final disciplinary action resulting in loss ofpay, suspension, demotion ofposition,
or termination. C. Except as may otherwise be made confidential by statute, an employee ofa public body shall have aright ofaccess to his ownpersonnel file. D. Public bodies shall keep confidential the home address, telephone numbers and social security numbers ofany person employed or formerly employedby the public body. Added by Laws 1985, c. 355, § 7, eff. Nov. I, 1985. Amended by Laws 1990, c. 257, § 6, emerg. eIT. May 23,1990; Laws 1994, c. 177, 

### § I, eIT. Sept. I, 1994; Laws 2005, c. 116, 

### § 2, eIT. Nov. 1,2005.
§51-24A.8. Law enforcementrecords

- Disclosure. A. Law enforcement agencies shall make available for public inspection, if kept, the following records: I. An arrestee description, including the name, date ofbirth, address, race, sex, physical description, and occupation ofthe arrestee;

### 2. Facts concerning the arrest, including the cause ofarrest and the name ofthe arresting officer; 3. A chronological list of all incidents, including initial offense report informatioR showingthe offense, date, time, general location, officer, and abriefsummary ofwhat occurred; 4. Radio logs, including a chronological listing ofthe calls dispatched; 5. Conviction information, including the name of any person convicted of a criminal offense; 6. Disposition of all warrants, including orders signed by a judge of any court commanding a law enforcementofficer to 

### arrest aparticularperson; 7. A crime summary, including an agency summary ofcrimes reported andpublic caHs for serviceby classification ornature and number; and 8. Jail registers, includingjailblotter data orjail booking information recorded onpersons at the time of incarceration showing the name of each prisoner with the date and cause of commitment, the authority committing the prisoner, whether committed for a criminal offense, a description oftheprisoner, and the date ormanner ofdischarge or escape ofthe prisoner. B. Except for the records listed in subsection A ofthis section and those made open by other state or local laws, law enforcement agencies may deny access to law enforcement records except where a court finds that the public interest or the interest ofan individual outweighs the
reason for denial. C. Nothing contained in this section imposes any new recordkeeping requirements. Law enforcement records shaH be kept for as long as is now or may hereafter be specified by law. Absent a legal requirement for the keeping of a law enforcement record for a specific time period, law enforcement agencies shaH maintain their records for so long as needed for administrativepurposes. D. Registration files maintained by the Department of Corrections pursuant to the provisions ofthe Sex Offenders Registration Act shaH be made available for public inspection in'
amannerto bedeterminedby the Department. E. The Council on Law Enforcement Education and Training (C.L.E.E.T.) shaH keep confidential all records it maintains pursuant to Section 3311 of Title 70 of the Oklahoma Statutes and deny release of records relating to any employed or certified full-time officer,
reserve officer, retired officer or other person; teacher lesson plans, tests and other teaching materials; and personal communications concerning individual students except under the foHowing circumstances: I. To verify the current certification status ofany peace officer; 2. As may be required to perform the duties imposed by Section 3311 ofTitle 70 ofthe Oklahoma Statutes; 3. To provide to any peace officer copies of the records of that peace officer upon submitting awrittenrequest; 4. To provide, upon written request, to any law enforcement agency conducting an official investigation, copies oftherecords ofany peace officer who is the subject ofsuch investigation; 5. To provide final orders of administrative proceedings where an adverse action was taken against apeace officer; and 6. Pursuantto an order ofthe district court ofthe State ofOklahoma. F. TheDepartment ofPublic Safety shaH keep confidential:I. 

### All records it maintains pursuant to its authority under Title 47 of the Oklahoma Statutes relating to the Oklahoma Highway Patrol Division, the Communications Division, and other divisions ofthe Departmentrelating to: a. training, lessonplans, teaching materials, tests, and testresults, b. policies, procedures, and operations, any ofwhich are ofa tactical nature, and c. the following information from radio logs: (I) 

### telephone numbers, (2) addresses other than the location ofincidents to which officers are dispatched, and (3) personal information which is contrary to the provisions of the Driver's Privacy Protection Act, 18 United States Code, Sections 2721 through 2725; and 2. For the purpose ofpreventing identity theft and invasion oflaw enforcement computer systems, except as provided inTitle 47 ofthe Oklahoma Statutes, all driving records. Added by Laws 1985, c. 355, § 8, eff. Nov. 1, 1985. Amended by Laws 1989, c. 212, § 8, eff. Nov. 1, 1989; Laws 2000, c. 349, § 2, eff. Nov. 1, 2000; Laws 2001, c. 5, § 29, emerg. eff. March 21, 2001; Laws 2005, c. 199, § 6, eIT. Nov. 1,2005; Laws 2006, c. 16, § 36, emerg. eff. March 29, 2006; Laws 2009, c. 36, § 1, eff. Nov. 1,2009. NOTE: Laws 2000, c. 226, § 1 repealed by Laws 2001, c. 5, § 30, emerg. eff. March 21, 2001. Laws 2005, c. 35, § 1 repealedbyLaws 2006, c. 16, § 37, emerg. eff. March 29, 2006. §51-24A.9. Personal notes and personally created material- Confidentiality. Prior to taking action, including making a recommendation or issuing a report, a public official may keep confidential his or her personal notes and personally created materials other than departmental budget requests ofa public body prepared as an aid to memory or research leading to the adoption ofapublicpolicy or the implementationofapublicproject. AddedbyLaws 1985, c. 355, § 9, eff. Nov. 1, 1985. §51-24A.I0. Voluntarily'supplied information

- Records providing unfair competitive advantage

- Department ofCommerce, Department ofCareer and Technology Education, and technology center school districts records

- Public utility records

- Confidentiality

- Disclosure. A. Any information, records or other material heretofore voluntarily supplied to any state agency, board or commission which was not required to be considered by that agency, board or commission in the performance ofits duties may, within thirty (30) days from June 6, 1988, be removed from the files of such agency, board or commission by the person or entity which originally voluntarily supplied such information. Provided, after thirty (30) days from the effective date ofthis act, any information voluntarily supplied shall be subject to full disclosure pursuantto this act. B. Ifdisclosure would give an unfair advantage to competitors orbidders, a public body maykeep confidentialrecords relating to: 1. Bid specifications for competitive biddingpriorto publicationbythe publicbody; or 2. Contents ofsealedbids priorto the opening ofbids by apublic body; or 3. Computerprograms or softwarebutnot datathereon; or

### 4. Appraisals relating to the sale or acquisition ofreal estate by a public body prior to award ofacontract; or 5. The prospective location ofa private business or industry prior to public disclosure of such prospect except for records otherwise open to inspection such as applications for pennits or licenses. C. Except as set forth hereafter, the Oklahoma Department ofCommerce, the Oklahoma· Department ofCareer and Technology Education and the technology center school districts may keep confidential: I. 

### Business plans, feasibility studies, financing proposals, marketing plans, financial statements or trade secrets submitted by a person or entity seeking economic advice, business developmentorcustomized training from suchDepartments or school districts; 2. Proprietary infonnation ofthe business submitted to the Department or school districts for the purpose of business development or customized training, and related confidentiality agreements detailing the infonnationorrecords designated as confidential; and 3. Infonnation compiled by such Departments or school districts in response to those submissions. The Oklahoma Department of Commerce, the Oklahoma Department of Career and Technology Education and the technology center school districts may not keep confidential that submitted infonnation when and to the extent the person or entity submitting the infonnation consents to disclosure. D. Although they must provide public access to their records, including records ofthe address, rate paid for services, charges, consumption rates, adjustments to the bill, reasons for adjustment, the name of the person that authorized the adjustment, and payment for each customer, public bodies that provide utility services to the public may keep confidential credit infonnation, credit card numbers, telephone numbers, social security numbers, bank account infonnation for individual customers, and utility supply and utility equipment supply contracts· for any industrial customerwith a connected electric load in excess oftwo thousand five hundred (2,500) kilowatts if public access to such contracts would give an unfair advantage to competitors ofthe customer; provided that, where a public body perfonns billing or collection services for a utility regulated by the Corporation Commission pursuant to a contractual agreement, any customer or individual payment data obtained or created by the public body in perfonnance ofthe agreement shallnotbe arecord forpurposes ofthis act. Added by Laws 1985, c. 355, 

### § 10, eff. Nov. I, 1985. Amended by Laws 1988, c. 187, 

### § 5, emerg. eff. June 6, 1988; Laws 1996, c. 209, 

### § 4, eff. Nov. 1, 1996; Laws 2004, c. 186, 

### § 1, emerg. eff. May 3, 2004; Laws 2006, c. 18, 

### § I, eff. Nov. 1,2006; Laws 2007, c. 6, 

### § 1, eff. Nov. 1,2007; Laws 2008, c. 284, 

### § I, eff. Nov. 1,2008; Laws 2009, c. 158, 

### § 1, eff. Nov. 1,2009. 

### §51-24A.ll. Library, archive or museum materials

- Confidentiality. A. Apublic body may keep confidential library, archive, or museum materials donated to the public body to the extent ofany limitations imposed as a condition ofthe donation and any infonnation which would reveal the identity ofan individual who lawfully makes a donation to or on behalfofapublic body including, but not limited to, donations made through a foundation operated in compliance with Sections 5-145 and 4306 ofTitle 70 ofthe Oklahoma Statutes. B. Iflibrary, archive, or museum materials are donated to a public body and the donation may be claimed as a tax deduction, the public body may keep confidential any infonnation

### required as a condition of the donation except the date of the donation, the appraised value claimed for the donation, and a general description ofthe materials donated and theirquantity. Added by Laws 1985, c. 355, § 11, eff. Nov. 1, 1985. Amended by Laws 1992, c. 231, § 3, emerg. eff. May 19,1992. §51-24A.12. Litigation files and investigatory files of Attorney General, district or municipal attorney

- Confidentiality. Except as otherwise provided by state or local law, the Attorney General ofthe State of Oklahoma and agency attorneys authorized by law, the office of the district attorney of any county ofthe state, and the office ofthe municipal attorney ofany municipality may keep its litigation files and investigatoryreports confidential. Added by Laws 1985, c. 355, § 12, eff. Nov. 1, 1985. Amended by Laws 1988, c. 187, § 6, emerg. eff. June 6, 1988. §51-24A.13. Federal records

- Confidentiality. Records coming into the possession of a public body from the federal govemment or records generated or gathered as a result offederal legislation may be kept confidential to the extentrequiredby federal law

. Added by Laws 1985, c. 355, § 13, eff. Nov. I, 1985. §51-24A.14. Personal communications relating to exercise of constitutional rights

- Confidentiality. Except for the fact that a communication has been received and that it is or is not a complaint, a public official may keep confidential personal communications received by the public official from a person exercising rights secured by the Constitution of the State of

. Oklahoma or the Constitution of the United States. The public official's written response to this personal communication may be kept confidential only to the extent necessary to protect the identity oftIie person exercisingtheright. AddedbyLaws 1985, c. 355, § 14, eff. Nov. 1, 1985. §51-24A.15. Crop and livestock reports -. Public warehouse fmancial statements

- Confidentiality. A. 

### The Division of Agricultural Statistics, Oklahoma Department of Agriculture, also known as the Oklahoma Crop and Livestock Reporting Service, maykeep confidential crop and livestock reports provided by farmers, ranchers, and agribusinesses to the extent the reports individuallyidentifY the providers. B. The State Board ofAgriculture is authorized to provide for the confidentiality ofany financial statement filed pursuantto Section 9-22 ofTitle 2 ofthe Oklahoma Statutes. Copies of such financial statements may only be obtained upon written request to the Commissioner of Agriculture. Upon good cause shown, and at the discretion ofthe Commissioner ofAgriculture, such financial statements may be released. Added by Laws 1985, c. 355, § 15, eff. Nov. 1, 1985. Amended by Laws 1988, c. 259, § 14, emerg. eff. June 29,1988. §51-24A.16. Educational records and materials

- Confidentiality.A. Except as set forth in subsection B ofthis section, public educational institutions and their employees may keep confidential: I. Individual studentrecords; 2. Teacherlesson plans, tests and otherteaching material; and 3. Personal communications concerning individual students. B. Ifkept, statistical information not identified with a particular student and directory· information shall be open for inspection and copying. "Directory information" includes a student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates ofattendance, degrees and awards received, and the most recent previous educational institution attended by the student. Any educational agency or institution making public directory information shall give public notice ofthe. categories ofinformation which it has designated as directory information with respect to each student attending the institution or agency and shall allow a reasonable period oftime after the notice has been given for aparent to inform the institution or agency that any or all of the information designated should not be released without prior consent ofthe parent or guardian or the student ifthe student is eighteen (18) years ofage or older. C. A public school district may release individual student records for the current or previous school year to a school district at which the student was previously enrolled for purposes ofevaluating educational programs and school effectiveness. Added by Laws 1985, c. 355, § 16, eff. Nov. I, 1985. Amended by Laws 1986, c. 116, § I, emerg. eff. April 9, 1986; Laws 2003, c. 430, 

### § I, eff. July I, 2003.
§51-24A.17. Violations

- Penalties

- Civi1liability. A. Any public official who willfully violates any provision of the Oklahoma Open Records Act, upon conviction, shall be guilty ofa misdemeanor, and shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) orby imprisomnent in the countyjail for a period not exceeding one (I) year, orbyboth such fine and imprisomnent. 

### B. Any person denied access to records ofapublic body orpublic official: 1. May bring a civil suit for declarative or injunctive relief, or both, but such civil suit shallbe limited to records requested and deniedpriorto filing ofthe civil snit; and 2. Ifsuccessful, shallbe entitled to reasonable attorney fees. C. Ifthe public body or public official successfully defends a civil suit and the court finds that the suit was clearly frivolous, the public body or public official shall be entitled to reasonable attorney fees. D. A public body or public official shall not be civilly liable for damages for providing
access to records as allowed underthe Oklahoma OpenRecords Act. Added by Laws 1985, c. 355, § 17, eff. Nov. I, 1985. Amended by Laws 2005, c. 199, § 7, eff. Nov. 1,2005.
§51-24A.18. Additional recordkeeping not required. Except as may be required in Section 24A.4 ofthis title, this act does not impose any additional recordkeeping requirements onpublic bodies orpublic officials. Added by Laws 1985, c. 355, § 18, eff. Nov. I, 1985. Amended by Laws 2005, c. 199, § 8, eff. Nov. 1,2005.

### §51-24A.19. Research records
- Confidentiality. 

### In addition to other records that a public body may keep confidential pursuant to the provisions ofthe Oklahoma Open Records Act, apublic bodymaykeep confidential: I. Any information related to research, the disclosure ofwhichcould affect the conduct or outcome ofthe research, the ability to patent or copyright the research, or any other proprietary rights any entitymay have in the research orthe results ofthe research including, but not limited to, trade secrets and commercial or financial information obtained from an entity financing or cooperating in the research, research protocols, and research notes, data, results, or other writings aboutthe research; and 2. The specific terms and conditions ofany license or other commercialization agreement relating to state owned or controlled technology or the development, transfer, or commercialization of the technology. Any other information relating to state owned or controlled technology or the development, transfer, or commercialization of the technology which, ifdisclosed, will adversely affect or give other persons or entities an advantage over public bodies in negotiating terms and conditions for the development, transfer, or commercialization ofthe technology. However, institutions within The Oklahoma State System ofHigherEducation shall:
a. report to the Oklahoma State Regents for HigherEducation as requested, on forms provided by the Regents, research activities funded by external entities or the institutions, the results of which have generated new intellectual property, and b. report to the Oklahoma State Regents for Higher Education annually on forms provided: (I) expenditures for research and development supported by the institution, (2) any financial relationships between the institution and private business entities, (3) any acquisition ofan equity interest by the institution in a private business, (4) the receipt ofroyalty or other income related to the sale ofproducts, processes, orideas by the institution or aprivatebusiness entity with whichthe institutionhas established afinancial arrangement, (5) the gains or losses upon the sale or other disposition of equity interests inprivatebusiness entities, and (6) any other information regarding technology transfer required by the Oklahoma State Regents for HigherEducation. The reports required in subparagraphs a and b of this paragraph shall not be deemed confidential and shallbe subjectto full disclosure pursuantto the Oklahoma Open Records Act. Added by Laws 1988, c. 68, § 2, eff. Nov. I, 

### 1988. Amendedby Laws 1999, c. 287, § I, 

### emerg. eff. May 27, 1999.
§51-24A.20. Records in litigation or investigation me - 

### Access. Access to records which, under the Oklahoma Open Records Act, would otherwise be available for public inspection and copying, shall not be denied because a public body orpublic official is using or has taken possession ofsuch records for investigatory purposes orhas placed the records in a litigation or investigation file. However, a law enforcement agency may deny

### access to a copy ofsuch a record in an investigative file ifthe record or a true and complete copy thereofis available forpublic inspection and copying at anotherpublic body. Addedby Laws 1988, c. 187, § 

### 7, emerg. eff. June 6, 1988.
§51-24A.21. Increment district reports

- Exemption from copying fees. The fees that may be chargedby apublic bodypursuant to the provisions ofparagraph 3 of· Section 24A.5 ofTitle 51 ofthe Oklahoma Statutes shall not be charged when a state agency or taxing entity located within the boundaries ofany district created pursuant to the provisions of the Local Development Act request a copy ofthe reports required by subsections A and B of Section 18 ofthis act. Added by Laws 1992, c. 342, 

### § 21. §51-24A.22. Public utilities

- Confidentialbooks, records and trade secrets. A. The Corporation Commission shall keep confidential those records ofa public utility, its affiliates, suppliers and customers which the Commission determines are confidential books and records ortrade secrets. B. As used in this section, "public utility" means any entity regulated by the Corporation Commission, owning oroperating for compensation inthis state equipment or facilities for: 

### I. Producing, generating, transmitting, distributing, selling orfurnishing electricity; 2. The conveyance, transmission, orreception ofcommunication over atelephone system; or 3. Transmitting directly or indirectly or distributing combustible hydrocarbon natural or synthetic natural gas for saleto the public. Addedby Laws 1994, c. 315, 

### § 12, eff. July 1,1994.
§51-24A.25. Order ofcourtfor removal ofmaterials from public record. Any order of the court for removal of materials from the public record shall require compliance with the provisions ofparagraphs 2 through 7 of subsection C ofSection 3226 of Title 12 ofthe Oklahoma Statutes. Addedby Laws 2000, c. 172, 

### § 4, eff. Nov. 1, 2000. §51-24A.26. Intergovernmental self-insurance pools. An intergovernmental self-insurance pool may keep confidential proprietary information, such as actuarial reports, underwriting calculations, rating information and records that. are created based on conclusions ofsuch information that are developed throughthe operation ofthe intergovernmental self-insurancepool. Addedby Laws 2000, c. 226, 

### § 2, eff. Nov. 1,2000.
NOTE: Editoriallyrenumbered from 

### § 24A.25 ofthis title to avoid duplicationinnumbering.
§51-24A.27. Vulnerability assessments ofcritical assets in water and wastewater systems. A. Any state environmental agency or public utility shall keep confidential vulnerability assessments of critical assets in both water and wastewater systems. State environmental agencies or public utilities may use the information for internal purposes or allow the information to 

### be used for survey purposes only. The state environmental agencies or public

### utilities shall allow any public body to have access to the infonnation for purposes specifically related to thepublic bodies function. B. Forpurposes ofthis section: 1. "State environmental agencies" includes the':
a. OklahomaWaterResources Board, b. Oklahoma Corporation Commission,
c. StateDepartment ofAgriculture, d. Oklahoma Conservation Commission,
e. Department ofWildlife Conservation, f. Department ofMines, and g. Department ofEnvironmental Quality; 2. "Public Utility" means any individual, finn, association, partnership, corporation or any combination thereof, municipal corporations ortheir lessees, trustees and receivers, owning
or operating for compensation inthis state equipmentor facilities for:
a. producing, generating, transrnitting, distributing, selling or furnishing electricity, b. the conveyance, transmission, reception or communications over a telephone system, c. transmitting directly or indirectly or distributing combustible hydrocarbon natural or synthetic natural gas for saleto the public, or d. the transportation, delivery or furnishing ofwater for domestic purposes or for power. Added byLaws 2003, c. 166, § 1, emerg. eff. May 5, 2003.

### Volume 26 Number 13 March 16, 2009 Pages 627

- 660 

# RECEIVED MAR 16 2009 

# DEQLEOAL 

# The

Oklahoma

Oklahoma Secretary ofState Office ofAdministrative Rules

### :.J..
" ."

"" Brad Henry, Governor M. Susan Savage, Secretary ofState Peggy Coe, Managing Editor

THE OKLAHOMA REGISTER is an official publication ofthe State ofOklahoma Itis published semi-monthly on the firstworking day ofthe monthand onthe first working day followingthe 14thday ofthe monthunderthe authority

. of75 0.8., Sections 250 et seq. and OAC 655:10-15-1. Thernles ofthe StateofOklahomaare codified andpUblished

inthe OklahomaAdministrative Code.
The OklahomaRegisterand the documents acceptedforpublication are AVAILABLEFORPUBLIC INSPECTION at the Office ofAdministrative Rules pursuant to the Oklahoma Open Records Act. Copies ofthe Register are also available for public inspection at many County Clerks' offices in Oklahoma, the Jan Eric Cartwright Memorial Law Library inthe State Capitol, and the following depository libraries:
Ada

-EastCentralUniversity, LinscheidLibrary Alva

-NorthwesternOklahomaStateUniversity, J.w. MartinLibrary Bartlesville

-BartlesvillePublicLibrary Clinton

- ClintonPublicLibrary Durant

- SoutheasternOklahomaStateUniversity, KG. BennettMemorialLibrary Edmond

-University ofCentra! Oklahoma, Chambers Library Euid

-PUblicLibrary ofEnidandGarfieldCounty Goodwell- OklahomaPanhandle StateUniversity Lawtou

-LawtonPublicLibrary McAlester

-McAlesterPublicLibrary Norman
-University ofOklahoma, BizzellMemorial Library Oklahoma City

-MetropolitanLibrary System Oklahoma City

- OklahomaDepartmentofLibraries Stillwater

-OklahomaStateUniversity, EdmonLow Library Tahlequah

-NortheasternStateUniversity,John VaughanLibrary Thlsa

-TulsaCity-CountyLibrary System Thlsa

-University ofTulsa,McFarlinLibrary Weatherford

- Southwestern OklahomaState University, Al HarrisLibrary
CITE MATERIAL PUBLISHED IN THE OKLAHOMA REGISTER by the volume and the beginning page numberofthe documentintheRegister. Forexample: 25 OkReg256.
SUBSCRIPTION RATES for the Register are $500.00 per year for the printed issues and $300.00 per year for the CD-ROM issues, payable in advance. When available, individualprinted issues may bepurchased for $20.00plus the costofpostage, payable in advance. Make checks payahleto "Secretary ofState." Send subscriptionrequests, change ofaddress notices, and undelivered copies to: Secretary ofState, Office ofAdministrative Rilles, P.O. Box 53390, OklahomaCity, OK73152-3390.
INFORMATION ABOUT TIDS PUBLICATIONmay be obtainedby contacting the Oklahoma Secretary ofState, Office ofAdministrative Rules, 2401 North Lincoln Boillevard, Will Rogers Building, Room 220, P.O. Box 53390, OklahomaCity, OK 73152-3390, orby calling (405) 521-4911 or faxing (405) 522-3555. Office hours are 8:00 am. to 5:00p.m., Monday throughFriday.

This publication is issued and printed by the Secretary ofState as authorized by 75 O.S., Section 255. 70 copies have been prepared and distributed atacostof$399.35. Copies have been depositedwiththeOklahomaDepartmentofLibraries. Publications Clearinghouse. JSSN0030-1728

# _-------Notices ofRulemaking Intent

Priorto adoption and gUbematorial/legislative review ofa proposed PERMANENTrulemaking .action. an agency Ill.I.WpUblish a Notice ofRulemaking Intentinthe Regisfer. Inaddition. an agencylllllY.publish aNoticeofRulemaklng IntentInthe Reglsferpnorto adoption ofa proposed EMERGENCY orPREEMPTIVE ruiemaking action.

. .. . A Notice of Rulemaking Intent announces a comment period, or a comment penod and pubhc heanng, and**provl~es** other information aboutthe intended rulemaking action as requiredbylaw. including where copies ofproposed rules maybeobtained. Foradditionalinformation on NoticesofRutemaking Intent, see 75 O.S., Section 303.



### TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 100. AlRPOLLUTIONCONTROL [OAR Docket#09-258]

RULEMAKING ACTION: Notice ofproposedPERMANENT rulemaking PROPOSED RULES: Subchapter 15. MotorVehiclePollution ControlDeviees 252:100-15-1. Purpose [REVOKED] 252: 100-15-2. Definitions [REVOKED] 252:100-15-3. Scope [REVOKED] 252:100-15-4. Prohibitions [REVOKED] 252:100-15-5. Maintenance, repairortesting [REVOKED] 252: 100-15-6. Liquefiedpetroleumgas [REVOKED] Subchapter 17. Incinerators Part 1. GeneralProvisions 252:100-17-1. Purpose [AMENDED] 252:100-17-1.1. Reference to 40CFR [AMENDED] 252:100-17-1.2. Terminology related to 40 CFR [REVOKED] Part3. Incinerators 252: 100-17-2. Applicability [AMENDED] 252: 100-17-2.1. Exemptions [AMENDED] 252: 100-17-2.2. Definitions [AMENDED] 252: 100-17-4. Particulatematter [AMENDED] 252:100-17-5. Incinerator design requirements [AMENDED] 252: I00-17-5.1. Alternative incinerator design requirements [AMENDED] 252:100-17-7. Testmethods [AMENDED] Appendix E. Primal)' Ambient Air Quality Standards [REVOKED] Appendix E. Primal)' Ambient Air Quality Standards [NEW] Appendix F. Secondal)' Ambient Air Quality Standards [REVOKED] Appendix F. Secondal)' Ambient Air Quality Standards [NEW] SUMMARY: The Department proposes to revoke OAC 252:100-15, Motor Vehicle Pollution Control Devices, because the Department does not have the legal authority to enforce theserules. The Department is proposing changes to several sections ofOAC 252:100-17, Incinerators, to remove certain obsolete languageand clarifythe remaining provisions. In order to update the ambient air quality standards for lead (Pb), the Department proposes to revoke the current Appendices E and F and add new Appendices E and F to make them consistentwithcurrentfederal standards. AUTHORITY: Environmental Quality Board and Air Quality Advisol)' Council powers and duties, 27A O.S., §§ 2-2-101 and 2-2-201; and OklahomaCleanAirAct, 27A O.S., §§ 2-5-101 etseq. COMMENT PERIOD: Written comments on the proposed rulemakings will be accepted prior to and at the hearing on April 15, 2009. For comments received atleast5business days priorto the Council meeting, staffwill postwritten responses on the Department's web page at least one (I) day prior to the Council meeting. Copies ofthe written responses will beprovided to the Council andthepublic atthatCouncilmeeting. Oralcomments may be made atthe April 15, 2009, hearing and attheAugust25, 2009, Environmental Quality Boardmeeting. PUBLICHEARINGS: Before the Air Quality Advisol)' Council at 9:00 a.m. on Wednesday, April 15, 2009, attheTulsaCampus ofOklahoma StateUniversity, 700N. Greenwood, Tulsa, Oklahoma. Before the Environmental Quality Board at 9:30 a.m. on Tuesday, August25, 2009, inTulsa, Oklahoma. These hearings shall also serve as public hearings to receive comments on the proposed revisions to the State ImplementationPlan (SIP) undertherequirements of40 C.F.R. § 51.102 ofthe EPAregulationsand 27A O.S., § 2-5-107(6)(c). REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The Departmentrequests that business entities or any other members of the public affected by these rules provide the Department, within the comment period, in dollar amounts ifpossible, the increase in the level ofdirect costs such as fees, and the indirect costs such as reporting, record keeping, equipment, construction, labor, professional services, revenue loss, orothercostsexpectedtobeincurredby aparticularentity dueto compliancewiththeproposedrules. COPIES OF PROPOSED RULES: The proposed rules are available for review 30 days priorto the hearing at the Air Quality Division ofthe Department at http://www.deg.state.ok.us/AODnew/couneil mtgs/index.htrn.
or copies may be obtained from the Department by calling Chel)'l E. Bradley, Environmental Programs Manager, at (405) 702-4100. RULE IMPACTSTATEMENT: Copies ofthe rule impact statement may be obtained by contactingChel)'IE. Bradley at(405) 702-4100.

March 16, 2009 627 OklahomaRegistu (VollOne 26, Number13)

### Notices ofRulemaking Intent

CONTACT PERSON: Please sendwritten comments ontheproposed rule ehanges to Cheryl E. Bradley at chervl.bradley@deg.ok.gov. Mail should be addressed to Department of Environmental Quality, Air Quality Division, P.O. Box 1677, Oklahoma City, Oklahoma73101-1677, A1TN: Cheryl Bradley. The Air Quality DivisionFAX numberis (405)702-410I. PERSONS WITH DISABILITIES: Should you desire to attend but have a disability and need
an aecommodation, please notify the Air Quality Division three (3) days in advanee at (405)702-4216. For the hearing impaired, the TDD relay number is 1-800-522-8506 or 1-800-722-0353, forTDD machineuse only. [OAR Docker#09-258;filed2-20-09J



### TITLE 265. STATEFIRE MARSHAL COMMISSION CHAPTER25. ADOPTED NATIONAL CODES AND STANDARDS [OARDocket#09-230]

RULEMAKING ACTION: Notice ofproposedPERMANENT rulemaking PROPOSED RULES: 265:25-1-3 [AMENDED] SUMMARY: The proposed amendments to 265:25-1-3 redefines a revised fee schedule. AUTHORITY: 74 O.S. § 324.11.; StateFireMarshalCommission COMMENT PERIOD: Persons wishing to present their views orally or in writing may do sobefore 10:00 a.m. onApril 17, 2009, atthefollowing address: Susie Cain, State Fire Marshal's Office, 2401 NW 23'dStreet, Suite4, OklahomaCity, OK73107. PUBLIC HEARING: A publichearing willbeheld at 10:00 a.m. onFriday, April 17,2009, at the State Fire Marshal's Office, 2401 NW 23'd Street, Suite4, OklahomaCity, OK73107. REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: N/A COPIES OF PROPOSED RULES: Copies oftheproposed rules may beobtainedfrom the State FireMarshal's Office, 2401 NW23 '" Street, Suite4, Oklahoma City, OK 73107. RULE IMPACT STATEMENn A Rule Impact Statement will be prepared as required by law and may be obtained from the State Fire Marshal's Office atthe above address beginningMarch I, 2009. CONTACT PERSON: Susie Cain, Exeeutive Secretary to the State Fire Marshal, (405) 522.5009. [OAR Docket #09-230;filed2-17-09J



### TITLE 265. STATEFIRE MARSHAL COMMISSION CHAPTER40. FIRESAFETYSTANDARDS FOR CIGARETTES [OAR Docket#09-231]

RULEMAKING ACTION: Notiee ofproposedPERMANENT rulemaking PROPOSED RULES: 265:40-1-1 [NEW] 265:40-1-2 [NEW] 265:40-1-3 [NEW] 265:40-1-4 [NEW] 265:40-1-5 [NEW] 265:40-1-6 [NEW] 265:40-1-7 [NEW] 265:40-1-8 [NEW] 265:40-1-9 [NEW] 265:40-1-10 [NEW] 265:40-1-11 [NEW] SUMMARY: The proposed rules are to define the scope, definitions, test method, performance standard, test data, certification, notification ofcertification, marking ofcigarette packaging, penalties, federal fire safety standards and notification of the State Fire Marshal's Office as set forth in the Fire Safety StandardandFirefighterProtection Act. AUTHORITY: 74 O.S. § 324.11.; StateFireMarshalCommission COMMENT PERIOD: Persons wishing to present their views orally or in writing may do sobefore 10:00 a.m. onApril 17, 2009, atthefollowing address: Susie Cain, State Fire Marshal's Office, 2401 NW 23,dStreet, Suite4, OklahomaCity, OK73107. PUBLIC HEARING: A public hearing willbe held at 10:00 a.m. onFriday, April 17,2009, at the State Fire Marshal's Office, 2401 NW 23'" Street, Suite 4, OklahomaCity, OK73107. REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: N/A COPIES OFPROPOSED RULES: Copies oftheproposedrules may beobtained from the State FireMarshal's Office, 2401 NW23'dStreet, Suite4, Oklahoma City, OK73107.

Oklahoma Register(Volume 26, Number 13) 628 March 16, 2009

### REGULARMEETINGIHEARING AGENDA AIR QUALITY ADVISORY COUNCIL April 15, 2009, 9:00 a.m.

OSU

- Tulsa Campus 700 North Greenwood Drive Tulsa, OK

1. Call to Order

- Laura Lodes, Chair
2. Roll Call- MyrnaBruce
3. Approval ofMinutes

- January 21, 2009 RegularMeeting
4. Public Rulemaking Hearings
A. OAC 252:100-15. Motor Vehicle Pollution Control Devices [REVOKED]
The Departmentproposes to revoke OAC 252: 100-15, MotorVehicle Pollution Control Devices, because the Departmentdoes nothave the legal authority to enforce these rules.

I. Presentation

- Leon Ashford, Environmental Programs Specialist, DEQ Air Quality Division 2. Questions and discussion bythe Council 3. Questions, comments and discussion by the public 4. Discussion and action by the Council, whichmay include aroll call vote on permanent adoption

B. OAC 252:100-17. Incinerators [AMENDED]
The Department is proposing changes to several sections ofOAC 252:100-17, Incinerators, to remove certain obsolete language and clarifythe remaining provisions.
I. Presentation

- MaxPrice, Envirorunental Programs Specialist, DEQ Air Quality Division 2. Questions and discussion bythe Council 3. Questions, comments anddiscussionby the public 4. Discussion and action by the Council, whichmay include aroll call vote on pennanentadoption
C. Appendix E. Primary AmbientAir Quality Standards [REVOKED] Appendix E. Primary AmbientAir Quality Standards [NEW] Appendix F. Secondary AmbientAir Quality Standards [REVOKED] AppendixF. Secondary Ambient Air Quality Standards [NEW]
In orderto update the ambient air quality standards for lead (Pb), the Departmentproposes to revoke the currentAppendices E and F and addnewAppendices E andF to make them consistentwith currentfederal standards.I. Presentation

- Diana Hinson, Environmental Programs Specialist, DEQ Air Quality Division 2. Questions and discussion by the Council 3. Questions, comments and discussion by the public 4. Discussion and actionby the Council, whichmay include a roll call vote on permanent adoption
5. Presentation

- Update on SC 31, Control ofEmission ofSulfur Compounds

- MaxPrice, Environmental Programs Specialist, DEQ Air QualityDivision

6. Presentation

- 2009 Ozone Season

- ScottThomas, Environmental Programs Manager, DEQ Air Quality Division

7. Division Director's Report

-Eddie Terrill
8. New Business

- Any matter notknown about or which could nothave been reasonably foreseen priorto the time ofposting the agenda.

9. Adjournment

-The nextregularmeeting is proposed for Wednesday, July 15,2009 in OklahomaCity.

Lunchbreakifnecessary

Should you have adisability and need an acconnnodation, please notify the DEQ Air Quality Division three days in advance at 405-702-4216. Hearingimpaired persons may call the text telephone (TOO) RelayNumber at**1~800-722-O353** for TOO machine**u~e** only.

### !

.

I ' 1 DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE OF OKLAHOMA



## * * * * *
TRANSCRIPT OF PROCEEDINGS
OF THE REGULARLY SCHEDULED
AIR QUALITY COUNCIL MEETING
HELD ON APRIL 15, 2009, AT 9:00 AM
IN TULSA, OKLAHOMA
ITEM 4C



# '* * * * *

MYERS REPORTING SERVICE

Christy A. Myers, CSR P.O. Box 721532 Oklahoma City, Oklahoma 73172-1532 (405) 721-2882



# ORIGINALPage 4**~~~c n'~I~~'IC'** **~_,___** . _.I

..**V._JhlUn~Jl-JF_&1-,=lgo0~_T_M_** .**~_~** f_'h_1P)_m_)U[ _L_n_5_,_2_(j}\_Qll_9 1 Page 2

MS. LODES: Do I hear a motion? MR. BRANECKY: I'll J.!1ake a motion that we adopt the recOlillnendation to revise the Appendices E and F as proposed 19 MR. CLARK: Thank you. 20 MS. BOTCHLET-SMITH: Further questions or 21 comments from tile Council? Any questions from iliepublic? 22 Hearing none, Laura, you can call for a motion. 23 24 25 1 This is the first time the Council has considered 2 these changes. 3 Notice ofthe proposed rule changes was published in 4 the Oklahoma Register on March 16, 2009, requesting comments 5 from members ofthe public. On April 10, 2009, Oklahoma DEQ 6 received a letter from the EPA concmring with tile proposed 7 revisions to Appendices E and F. 8 Staffrequests thatthe Council vote to send the 9 proposal to the Environmental Quality Board with the 10 recommendation,thatitbe adopted as a permanent rille. II Thank you. 12 MS. BOTCHLET-SMITH: Does Council have questions 13 regarding this rule? Montelle. 14 MR. CLARK: I know that EPA was considering this 15

-- we talked about

-- the discussion ofmonitoring somces and 16 whether thatmonitoring should occm athalfton levels per 17 year or fulHime levels per year. Can you address that as far 18 as tile practical application here in Oklahoma. Do you have any 19 sources tbat are greater than a ton a year? 20 MS. HINSON: I'll defer that question to Cheryl 21 Bradley. 22 MS. BRADLEY: I'm CheJ.yl Bradley with the Air 23 Quality Division, Rules and Planning Section. 24 We do have one somce, one I)otential source in the 25 state ofOklahoma, McAlesteJ.· NUlY A1lm1Unition Plant, that may be: Page 3 PagJ(. 1 subject to the source oriented monitoring. Our monitoring 2 section is cmrently evaluating tile infonnation for iliat 3 particular source and developing a strategy to address the 4 requirements ofilie new lead standard. 5 MR. CLARK: Do you know whether .- do we have 6 any somces between a halfa ton and a ton? 7 MS. BRADLEY: Letme say it depends upon which 8 years emissions inventory data is evaluated. The quality of 9 the data has continued to improve as heavy metals are ofmore 10 interestto the source andto the public. I don't believe we 11 have many sow'ces in thatrange. Most oftl1eJ.n arebelow the 12 400 Or 500 pounds thatwas in the original proposal. As to 13 whattllose specific sources are, today I'm unprepared to tell 14 you exactly whatthey WeJ.'e, but we bad a VeJ.y short list. Most 15 ofthe industries that were emitters oflead no longer .- many 16 oftbose have gone out ofbusiness. The lead batteJ.y recycling 17 facilities, as an example, and to my knowledge we have none of 18 those sources. I 2 PROCEEDINGS 3 4 MS. BOTCHLET-SMITH: The next item on the Agenda 5 is Number 4C, Appendix E, Primary AmbientAir Quality G Standards, and Appendix F, Secondary AmbientAir Quality 7 Standards. Ms. Diana Hinson ofstaffwill give the 8 presentation. 9 MS. HINSON: Good morning, Madam Chair, MembeJ.·s 10 ofthe Council, ladies and gentlemen. 11 I am Diana Hinson, an Enviromnental Programs 12 Specialistin the Rules and Planning Section ofthe Air Quality 13 Division. 14 In November of2008, the EPApublished a new standard 15 for lead, changing the value from 1.50 to OJ5 micrograms per 1G cubic meter. 17 Additionally, the fonn ofthe measurement changed 18 from a quarterly average to a rolling 3-month average. 19 Appendix E is Oklahoma's prirnaly health standard and 20 Appendix F is the state's secondary welfare standard for 21 Ambient Air Quality. 22 Atthis time, staffwould like to revoke old 23 Appendices E and F and replace them with new Appendices E and 24 F, to renect those changes. These modifications win ensure 25 Oklahoma's mle is as protective as BPA's. J COUNCIL I\liEMBERS 2 3 4 5 DEQ STAFF 6 7 MYRNA BRUCE 8 BEVERLY BOTCHLET-SMITH 9 EDDIE TERRILL 10 MAX PRICE, 11 CHERYL BRADLEY 12 13 OTHERS PRESENT 14 15 16 17 18 19 20 21 22 23 24 2S

Page 2 - Page 513 off:lc:lal. seal on this, the 30th day ot Hay, 2009. lEIs:

CRRIST'X A. MmRS, C.S.R.**cert1flc~te** Ro. 0031Q III WITNESS WHEREOF, I have hereunto set my hand Il1l.d I, CHRISTY A. MYERS, Certified Shorthand Reporter in

9 Tn1!111, Old.ahoma. Il1l.d that 1 am. ne1ther attorney for, nor 8 that said meeting \'fila taken on the 15th day of April, 2009, at 6 t=th; that the foregoing proceeding wilS tak.en down in

1 shorthand by lIUi! and thereafter transcribed under Illy direction;

and for the state of**Ol~la.harna,** do hereby certify that Ule above

5 proceeding 1-0 the truth, tb"- whol"- truth, and nothing but the

22
23

25 20 3 2 COUNTY OF OlH.AHOWI. )



## " 1 fi'CATE OF OKLlUiOMA )

11
18
19 15
16 11 said II.Ction.

12 10 relative of any of said parties, nor othenl1se intere9ted in Page 6 Page 8

MR. CLARK: Second. MS. LODES: I have a motion and a second. Myrna, will you call the roll. MS. BRUCE: Montelle Clark. MR. CLARK: Yes. MS. BRUCE: Gary Collins. MR. COLLINS: Yes. MS. BRUCE: David Branecky. MR. BRANECKY: Yes. MS. BRUCE: Jerry Purkaple. MR. PURKAPLE: Yes. MS. BRUCE: Sharon Myers. MS. MYERS: Yes. MS. BRUCE: Pete White MR. WHITE: Yes. MS. BRUCE: Laura Lodes. MS. LODES: Yes. MS. BRUCE: Motion passed. MS. BOTCHLET-SMITH: And that concludes the 21 hearing portion oftoday's meeting. (Item Number 4C Concluded)

(Hearings Concluded) 1 by staff. 2 3 r ' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 '5 Page 7

I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 -\ .2 23 24 25 CER TIFICA TE Page 6 - Page 8

### -R--Qquality [9] 1:1,10 3:5,6

3:12,21 4:9,23 5:8 quarterly [1] 3:18 questions [3J 4:125:20

5:21

R[l] 7:24 range [1] 5: 11 received [1] 4:6 recommendation [2]

4:10 5:25 recycling [I] 5:16 reflect (1) 3:24 regarding [1] 4:13 i Register [lJ 4:4 

# J

REGULARLY [1] 1:9 relative [1] 8: 10 -fL-



### -N-



### -0- ©.J15

- rre,Rmn.ve AJP'lftlfL li5 7 2@([jJ9!**._~~** 

# 1 OlbT.n!om<n[l2] 1:2,12

-JI- 1:22,224;4,5,18,25 8: 1,2 8;4·,9 

### jieFFY P] 6:11 

### Oklahoma's [2] 3: 19 3:25 OM[I] 3:22 OKi.e [2] 4:24,24**orien~ed** (lJ 5:1 original(lJ 5: 12**o~heIWise** [1] 8:10

OCCl!I" [1] 4:16 official [1] 8:13 P.O[I} 1:22 particulaF[l] 5:3 parties [1] 8:10 paSSed[l] 6:19 pef[3] 3:154:16,17 peID;1an.ent [I} 4: 10 

### -M- Pete [1] 6:15 Madam[lJ 3:9 Planning[2] 3:124:2J March [1] 4:4 Plant [1] 4:25

. MAX [lJ 2:10 portion [lJ 6:21 may [2] 4:258:13 potential [1] 4:24 McAlester [1] 4:25 pounds [1] 5:12 measurement [1] 3: 17 practical [1] 4: 18 meeting[3] 1:106:218:8 PRESENT[1} 2:13 members [3] 2:1 3:94:5 presentation [1] 3:8 metalS[1] 5:9 PRICE[l] 2:10 meter[l] 3:16 primary[2] 3:5,19 micrograms [1] 3:15 proceeding [2] 8:5,6 (r modifications [1] 3:24 PROCEEDINGS [2J

. monitoring [4] 4:15,16 1:8 3:2

5:1,1 Programs [1] 3:11 Montelle (2] 4:13 6:5 proposal [2] 4:9 5:12 morning [1] 3:9**pmpos~d** [3] 4:3,6 5:25 Most [2] 5:11,14 protective [1] 3:25 motion [5J 5:22,23,24 6:3 public [3] 4:5 5: 10,21

6:19 published[2] 3:144:3 Ms [21] 3:4,7,94:12,20,22 Purkaple [2) 6:11,12

5:7,20,23 6:3,5,7,9,11,13 6:14,15,17,18,19,20 Myers [6] 1:21,21 6:13

6:14 8:3,15 Myrna [2] 2:7 6:4 ladies (l] 3:10 Lau.:nl. [2] 5:22 6: 17 lead [4] 3:15 5:4,15,16

• letter(1] 4:6 levels [2] 4:16,17 list [1] 5:14 Lodes (4) 5:23 6:3,17,18 

### longer [1] 5:15



### -IF-



### -0-

neitheT[l) 8:9 new [3] 3:14,23 5:4 next[l] 3:4 none (2] 5:17,22 -][- nor [2) 8:9,10 i-m-p-r-O-V-e-[I-=]-5-:9--- nothing [1] 8:5 industries [1] 5:15 Notice [1] 4:3 information. [1] 5:2 November[1] 3:14 interest [1] 5:10 NumbeT[2] 3:5 6:22 interested [1] 8:10 inventory [lJ 5:8 item(3) 1:13 3:4 6:22 Gary[l] 6:7 gentlemen [lJ 3:10 gone [1] 5:16 Good [1) 3":9 greater [1] 4: 19 F [7] 3:6,20,23,24 4:7 5:25

7:24 facilities [lJ 5:17 faJ[ [1] 4:17 first [lJ 4:1 foregoing [1] 8:6 fmm [1] 3: 17 full-time [1] "4: 17 Dil'vnsr,o>ID\ [2] -3: 13 4:23 d!O'\l\!Il]1 [l] 8:6



## -c-

-D-**~"----_. -_._--~** 

C [2] 7:24,24 C-S.R (1) 8:15 Certificate [1] 8:16 Certified [1] 8:3 certify [lJ 8:4 ChaiJr[lJ 3:9 changed [1) 3:17 changes P] 3:244:2,3 changing [1] 3:15 Cheryl [3] 2:11 4:20,22 Christy [3] 1:21 8:3,15 City [lJ 1:22 Clark (6) 4:145:5,196:2

6:5,6 Collins [2] 6:7,8 comments [2J 4:4 5:21 Concluded (2J 6:22,23 -IJ[- concludes [1] 6:20 concurring [1] 4:6 half[2J 4:165:6 considered [1] 4: 1 hand [1] 8: 12 considering [1] 4:14 health [1] 3:19 continued [1] 5:9 heMp] 5:23 Council [7] 1:102:1 3:10 hearing (2] 5:22 6:21

4:1,8,125:21 Hearings [1] 6:23 COUNTY [1] 8:2 heavy [1] 5:9 CSR[l] 1:21 HELD[1] 1:11 cubic [1] 3:16 hereby [lJ 8:4 hereunto [1] 8:12 Hinson [4] 3:7,9,11 4:20 data [2] 5:8,9 David [1] 6:9 defef[l] 4:20 DEPARTMENT [1)

1:1 DEQ [2] 2:5 4:5 developing [IJ 5:3 Diana [2) 3;7,11 direction [lJ 8:7 discussion [1] 4:15**fu>a(~te1[Y** [1.] 5:16 bdow (1) 5:11 JE [Il] 3:5,19,23,23 4:7 5:25**~_~-TI_[~-** _ lheiweelill [lJ 5:6 7:24,24 BEVERLY [1) 2:8 EDDIE [lJ 2:9 Board [1] 4:9 

### emissions [lJ 5:8 BOTCHLET-SMHH emi.i"ters [1] 5:15

[5] 2:83:4 4:12 5:20 6:20 c]]sure [1] 3:24 Box. [1] 1:22 Envimmnel\Ital [3] 1:1 Bradley [5] 2: 11 4:21,22 3: 11 4:9

4:225:7 EPA[3] 3:144:6,14 Bmned:y [3] 5:24 6:9 EPA's [1] 3:25

6:10**eva~u.ated** [lJ 5:8 BRUCE [9J 2:7 6:5,7,9 evalu.ating [1] 5:2**6:1~,13,15,l7,19** exactly[l) 5:14 busmess [1] 5:16 example [1) 5:17 3-month[l] 3:18 30th [1] 8:13

721-2882 [1] 1:23 721532 [1] 1:22 73172-1532 [1] 1:22 

### -3-

-5-



### -7-

-9- 9:00 [1] 1:11-Aabove [1] 8:4 action [1] 8:11 Additionally [1] 3: 17 address [2] 4:175:3 adopt [1] 5:24 adopted [1] 4:10 Agenda [1] 3:4 Air [6] 1:10 3:5,6,12,21

4:22 Ambient[3] 3:5,6,21 Ammunition [1] 4:25 Appendices [4] 3:23,23

4:75:25 Appendix [4] 3:5,6,19

3:20 application [I} 4:18 April [3] 1;11 4:5 8:8 Anny [1] 4:25 attorney [1] 8:9 400[1J 5:12 405 [1] 1:23 4C [3] ] :13 3:56:22 2008 [1] 3:14 2009 [5] 1:11 4:4,5 8:8

8:13 -2-

500 [1] 5:12 

### -4- 01.15 [1] 3:15 ij(}!3

### W [1] 8:16

1.50 [1] 3:15 10 [11 4:5 

### 15 [1] 1:11 15th[l] 8:8 16 [1] 4:4

I

Index Page 1( ! 

### ·AQC HEM 4C
replace [I] 3:23 Repone. [I] 8:3 REPORTING [1] 1:21**~questing** [II 4:4 Aequests [IJ 4:8 requirements [II 5:4 revise [IJ 5:25 revisions [IJ 4:7 revoke [I] 3:22 roll [1] 6:4 rolling [I] 3:18 rule [4J 3:25 4:3,10,13 Rules [2] 3:124:23

## -sSCHEDULED[IJ 1:9 seal [1] 8:13 second [2] 6:2,3 secondary [2] 3:6,20 section [3] 3:124:23 5:2 send[l] 4:8 SERVICE[I] 1:21 set[II 8:12 Sharon [I] 6:13 short [I] 5:14 shorthand[2J 8:3,7
source [5] 4:24,24 5:1,3

5:10
·ources [61 4:15,195:6 5:JJ,13,18 Specialist[l] 3:12 specifiC[l) 5: 13 SS [I) 8:) staff[s] 2:53:7,224:86:1 standard[4) 3:14,19,20

5:4 Standards [2) 3:6,7 state[4] 1:24:258:1,4 state's [IJ 3:20 strategy [II 5:3 subject[I] 5:1-TT [2] 7:24,24 TERRILL [II 2:9 Thank[2) 4:JJ 5:19 thereaftef[l] 8:7 today[l] 5:13 today's [I) 6:21 ton [4J 4:16,195:6,6 transcribed [l] 8:7 TRANSCRIPT[I] 1:8 truth[31 8:5,5,6 Tulsa[2] 1:128:9

# -uunder [I] 8:7 unprepared[I) 5:13 

### -'1- valm::[1] 3:15 vote [I] 4:8

--- ... _--

# -wwelfm:e [I] 3:20 WHEREOF[I] 8:12 White[21 6:15,16 whole [I] 8:5 WITNESS[I] 8:12


### -yyear[3] 4:17,17,19 years [II 5:8 JrqJ[;Blce

- ye:BlJ[$ 

### AlP'lP'JIlL [5, 2qj)«)1I)l

Index Page 21\.



### MYERS REPORTING SERVICE 

### 405-721-2882 DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE OF OKLAHOMA



## * * * * *
TRANSCRIPT OF PROCEEDINGS
OF THE REGULARLY SCHEDULED
AIR QUALITY COUNCIL MEETING
HELD ON APRIL 15, 2009, AT 9:00 AM
IN TULSA, OKLAHOMA
ITEMS 1-4A



# * * * * *

MYERS REPORTING SERVICE

Christy A. Myers, CSR P.O. Box 721532 Oklahoma City, Oklahoma 73172-1532 (405) 721-2882



# ORIGINAL 1

### AQC ItrnJE'][JIT<lG

.

### ....:l\I.I=~R=na.:;.ii--=-}-='!llg!Z:@=-,T-M-------A-]"_RII_IL_b-,,,,:...Z_@_©_,!!_'1l_1D_IlL_§_',A,'**P~e2 P~e4**  J COUl'lCIL MEMBERS
2 1 DAVID BRANECKY, MEMBER 4 TIM HAUGHT, JVJEMBER 5 SHARON MYERS, I\.ffiMBER 6 JERRY PURKAPLE, VICE·CHAIR 7 LAURA LODES, CHAIR 8 MONTELLE CLARK, MEMBER 9 PETE WHITE, MEMBER 10 GARY COLLINS, MEMBER 11 12 DEQ STAFF 13 14 MYRNA BRUCE 15 BEVERLY BOTCHLET-SMITH 16 EDDIE TERIqLL 17

.MAX PRICE 18 CHERYL BRADLEY 19 20 21 22 23 24 25**P~e3**

1 2 PROCEEDINGS 3 4 MS. LODES: We'll go ahead and start the 5 meeting. Myrna, would you callthe mil, please. 6 MS. BRUCE: Montelle Clark. 7 MR. CLARK: P=ent. 8 MS. BRUCE: Gary Collins. 9 MR. COLLINS: Present. 10 MS. BRUCE: Jim Haught. He was expected. 11 David Branecky. 12 MR. BRANECKY: Present. 13 MS. BRUCE: Jerry Purkaple. 14 MR. PURKAPLE: Here. 15 MS. BRUCE: Sharon Myers. 16 MS. MYERS: Here. 17 MS. BRUCE: PeteWhite. 18 MR. WHITE: Here. 19 MS. BRUCE: Bob Lyoch is ahsent. Laura Lodes. 20 MS. LODES: Here. 21 MS. BRUCE: We do have a quorum. 22 MS. LODES: The oext item 00 today's agenda is 23 the Approval ofthe Minutes from the January 21, 2009 Regular 24 Meeting. 25 Do we have any conunents on the Minutes? 

### MYERS REPORTING SERVICE 

### 405-721-2882 I MR. WHITE: Move for approval 2 MR. BRANECKY: Second. 3 MS. LODES: Myrna, will you call the roll, 4 please. 5 MS. BRUCE: Montelle Clark. 6 MR. CLARK: Yes. 7 MS. BRUCE: Gary Collins. 8 MR. COLLINS: Yes 9 MS. BRUCE: David Branecky. 10 MR. BRANECKY: Yes. II MS. BRUCE: Jerry Pnrkaple. 12 MR. PURKAPLE: Yes. 13 MS. BRUCE: Sharon Myers. 14 MS. MYERS: Yes. 15 MS. BRUCE: PeteWhite. 16 MR. WHITE: Yes. 17 MS. BRUCE: Laura Lodes. 18 MS. LODES: Yes. 19 MS. BRUCE: Motion passed. 20 MS. LODES: Wi1h thatwe'll start the pnblic 21 hearing portion ofthe meeting. 22 MS. BOTCHLET'SMITH: Good morning. I'm Beverly 23 Bolchlet·Smith, I'mthe Assistant Director ofthe Air Qnality 2::l Division. As such, I'll serve ns the Protocol Officer for 25 today's bearings.

1 Thebearings will be convened by the Air Qnality 2 Council incompliance with the Oklahoma Administrative 3 Procedures Act and Title40 ofthe Code ofFederal Regulations, 4 Part 51, as well as the an1hority ofTitle 27A ofthe Oklahoma 5 Statutes, Section 2-2-201, Sections 2-5-101 through 2-5'118. 6 Notice ofthe April 15, 2009 hearings were advertised 7 in the Oklahomn Register for the purpose ofreceiving comments 8 pertaining to the proposed OAC Title 252, Chapter 100 roles as
. 9 listed on the Ageuda and will be entered into each record along 10 wilh 1heOklahoma Rl:gister fillog. Notice ofthe meetiog wa, 11 filed wilh the Secretary of State on October 24, 2008. The 12 Agenda was duly posted 24 hours prior to the meeting 6t this 13 f6cility aod also 6tlhe DEQ. 14 If you**wis~** to make 8 statement:, it is very impOltant 15 that you comp1fltethe fDlm atthe registration tableaod you 16 will be cnl1ed upoo atthe appropri6te time. 17 Audier>ce members, pleaserememberto come to the 18 podium for your comments aodplease state your name prior to 19 spenking. 20 At this time, we will proceed wi1h whot's mad,ed 6S 21 Ageoda Item 4A 00 lhe Henring Agend6. 22 This is OAC 252:100'15, Motor Vehicle Pollution 23 Control Devices. Mr. Lenn Ashford will be giving tl,e staff 24 ptesentation. 25 MR. ASHFORD: Chair, Members ofthe Council, 

### Page 2 - Page 5

### AJlDlItlJL li:;, 211([j)9J TIJJLSA Page 8

Page 9 Do we have any public comments for

MR. WHITE: Second. MS. LODES:

MS. WDES: 1 bave a motion and a second. Myrna, will you call the'lUll. MS. BRUCE: Monte11e Clark. MR. CLARK: Yes. MS. BRUCE: Gary Collins. MR. COLLINS: Yes. MS. BRUCE: David Branecky. MR. BRANECKY: Yes. MS. BRUCE: Jerry Pnrkap1e. MR. PURKAPLE: Yes. MS. BRUCE: Sharon Myers. MS. MYERS: Yes. MS. BRUCE: Pete White. MR. WHITE: Yes. MS. BRUCE: Laura Lodes. MS. LODES: Yes. MS. BRUCE: Motion passed. (Items l-4A Concluded) With no public corrunentindication, 1 need a motion. MS. MYERS: I'll make a motion that we follow the Agency guidelines and adoptthe recommendation to revoke this rule. 1 2 this rule? 3 4 5 6 7 g 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 j MR. TERRILL: David, what we'll do is we 2 probably wonlt have a Board meeting in June. They generally in 3 the last couple ofyears cancelled that Board meeting. So 4 we'll have until August. We'll work out with EPA what they 5 expect, and we'll tell you what we're planning on sending down 6 and then we'll make a decision as to whether ffi" not we'll take 7 itto the Board or not. 8 I would expect that we probably will, and then work 9 out how we send it down as a SIP provision. We may hold off 10 and see what happens in this orone season and then 'ifwe have 11 to do a SIP provision relative to the new NAAQS, l1len we'll 12 roll all ofthis into whatevea' we send down. 13 This is p611 of our intitial start into the second 14 rewriteldewrong, for those ofyou have boon around a while, if 15 you remember, we wenttlrrough there and cleaned up our rules 16 and got rid ofredundancy and things that were no longer 17 applicable and triedto make them a little more streamed lined 18 and readable by the public and by the regulated community and 19 so this is our second step into that And 1just don't see tlle 20 value ofkeeping something in our rules that we don'thave any 21 jurisdiction over. 22 MS. BOTCHLET-SMITH: Anyone else Oll the Coullcil 23 have a question? 24 1didn'treceive any notice ofanyone from the public 25 wishing to corrunent on this rule. Page? 1 maintenance areas, reductions from Subchapter 15 are needed to 2 maintain the NAAQS. 3 And I'd like to restate again, the staffrequests 4 thatthe Councilrecommend this proposal for passage. 5 MS. BOTCHLET-SMITH: Does Council have any 6 questions for Mr. Ashford? 7 MR. BRANECKY: So EPA is not opposing the g removal oftlus rule? 9 MR. ASHFORD: EPA only requires thatto remove 10 itfrom the SIP we haveto getequal or greater reductions than II whatwe had fromthe subchapter. Butmy logic is that we've 12 got zero reductions from the subchapter. It never has been 13 used and legally it couldn't be used. So we attained no 14 reductions whenever we remove it, we'll have no reductions and 15 that will balance out. 16 MR. BRANECKY: And EPA is okay wilh that logic? 17 MR. ASHFORD: They will

-- 18 MR. BRANECKY: We'll find out. 19 MR. ASHFORD: The commentthatthey gave
-- in 20 reality

-- since it's notenforceable, it's an appendix 21 basically. It's something thatin 1968 it was put on the 22 books, and they thought it would be a good idea and appaICntly 23 someone didn'treally do their bomework and figure out thatthe 24 DepartmentofPublic Safety is the only entity that can enforce 25 those mles in the state ofOklahoma. 

### AQlC II(ffiJEUNG MlIlllil:li-lP'Olg© 1M 

### Page 6
1 ladies and gentlemen, and members ofthe public, the Department 2 is proposing to revoke Subchapter 15 bec8.llSe the Dep8.t1ment '3 lacks the legal authority to enforce this rule. In the state 4 ofOldahoma, the Oklahoma Department ofPublic Safely has the 5 sole power to regulate motor vehicles. The current SUbchapter 6 15 is a paIiial duplication ofthe 1990 Federal Clean Air Act, 7 so revocation oftlns role does not change the prohibition of 8 removal, discmmection andJor disabling theemission contml 9 equipment on motor vehicles in the state ofOklahoma. 10 Staffrequests that the Councilrecollunend tllis 11 proposal for passage. 12 One COlmnentreceived, and the only conunent received 13 was from EPA. The comment does not approve or disapprove of 14 the request to remove the subchapter, but states that the 15 removal ofSubchapter 15 from our SIP will require a 16 demonst1:ation ofemission reductions from the Subchapter be 17 replaced by equal or greater reductions in pollution, and then 18 the emissions reductions for Subchapter 15

-- hold on a 19 second

-- the letter from EPA states that tllC removal of 20 SUbchaplel: 15 flUm our SIP will require a dernonslration of 21 emission reductions from the subchapter be replaced by equal or 22 greater reduction. Since Subchapter 15 is uotenforceable by 23 us legally and has never attained any pollution reductions, 24 then removing it is 110t a problem. 25 Since Oklahoma has no current nonattainment or

II (!



### MYERS REPORTING SERVICE 405-721-2882 Page 6 - Page 9Pfige 10

3
C E R TIP I CAT E



## ,

6 STATE OF OlUAHOMl\
ss: COUNTlI OF OKLAHOMA
8 I, CHRISTY A. I.fYERS, Certified Shorthand 1leporter in
9 IUId for the State of OJc.lIlhOllla, do hereby certify thfit the above

10 proceed.l.ng ill tile tnlth, tlle whole tcuth, IUId nothing bUt the
11 truth; that the fore'10:lng proceeo11.ng lias taken dolln in

12 shorthlUld by IUId thereafter trlUlscribed 1UldeJ:" my direction;
13 that said meeting Villi taken on the 15th day of 1Ipril, 2009, at
14 Tulsa, Okla.hnma; IUId that I am neither attoJ:D.ey for, nor
15 re1auve of any of said pllrties, nor othendse interested in
16 sud ficUon.

11 III WITIaESS 1mERHOl", I hllve hereunto aet my hand IUId
18 officIal seal on th.le, the 30th day of Hay, 2009.
19
20
21
22

23 2.
25 CHll,ISTlI A. MYl!:IUl, C.S.R. DertifiCllte Bo. 00310

(



### MYERS REPORTING SERVICE 405-721-2882 Page 10

- Page 10

### «Jilll3i]([)l

- iOJlI:oololi:lr AII'RllJL 15 2illill91 TIJ1U:iA 

### A

### Q<C MJEJElll1\lljj



## , 5:21,21 7:198:259:3 Federal [21 5:3 6:6 Leon [II 5:23 

### -ill- aine"lll [IJ 3:4 Cllmmei]W [4J 3:25 5:7 figure [I] 7:23 leuer [lJ 6:19 

### Oll3HJ [lJ 10:21 P;j]f[4J 1:104-:235:16:6 5:189:1 med[I) 5:11 lined [I] 8:17 lJlIllng [I) 5:9 commlIDity [II 8:18 filing [I] 5:10 listed [I) 5:9 -1- appelil.di" [II 7:20 complete [IJ 5:15 follow [II 9:4 Lodes [BI 2:7 3:4,19,20 applicable [IJ 8:17 compliance [I] 5:2 fmegoing [I] 10: 11 3:224:3,17,18,209J,8 1-4A[21 1:139:25 appropriate [IJ 5:16 Concluded [I] 9:25 fOIm[l] 5:15 9:22,23 100[IJ 5:8 approval [21 3:234:1 controh2J 5:236:8 logiC[2J 7:11,16 15 [0] 1:11 5:66:2,6,15 apPIOvC[11 6:13 convened[l] 5:1 -G- longer [II 8:16

6:18,20,227:1 Lynch [I] 3:19 15th[1) 10:13 Aprih'l 1:11 5:6 10:13 Council[8] 1:102:15:2 Gary [4] 2:103:84:79:12 5:256:10 7:4,5 8:22 1968 [II 7:21 areas [IJ 7:1 COUNTY [IJ 10:7 generally [I] 8:2 -M- 1990 [II 6:6 Ashfmd [6J 5:23,257:6 couplC[11 8:3 gentlemen [I] 6:1 maintain [I] 7:2 7:9,17,19 giving [II 5:23 -2- Assistant [II 4:23 CSR[I] 1:21 good [2] 4:227:22 maintenance [I] 7:1 attained [2J 6:237:13 current[2] 6:5,25 greater['I 6:17,227:10 marked [I] 5:20 2-2-201 [I] 5:5 attorney [I] 10:14 MAX [I] 2:17 2-5-101 [I] 5:5 Audience[IJ 5:17 -D- guidelines [II 9:5 may [21 8:9 10: 18 2-5-118 [IJ 5:5 August [IJ 8:4 David [5] 2:3 3:11 4:9 -H- meeti.ng [01 I: 10 3:5,24 2008 [II 5:11 authority [21 5:4 6:3 8:1 9:14 4:21 5:10,128:2,310:13 2009 [5] 1:11 3:23 5:6 decision [IJ 8:6 hand [I) 10:17 MEMBER[6] 2:3,4,5.,8

10:13,18 -B- demonstration[21 6:16 Haught[2J 2:43:10 2:9,10 21 [II 3:23 balance [I] 7:15 6:20 hearing [21 4:21 5:21 members [4] 2:15:17,25 24 [2] 5:11,12 Department[s] 1:1 6:1 hearings ['] 4:25 5:1,6 6:1 252 [II 5:8 Beverly[21 2:154:22 6:2,47:24 HELD[IJ 1:11 Minutes [21 3:23,25 252:100-15[1) 5:22 Board [3] 8:2,3,7 DEQ [2] 2:125:13 hereby [IJ 10:9 Montelle [4J 2:8 3:6 4:5 27A[11 5:4 Bob [I] 3:19 Devices [I] 5:23 hereunto [IJ 10:17 9:10 books [IJ 7:22 direction [I) 10:12 hold [2] 6:188:9 morning [lJ 4:22 

### -3- Botchlet-Smith[51 Director[IJ 4,23 homework [IJ 7:23 motion [5] 4:I9 9:3,4,8 30th[l] 10:18 2:154:22,237:58:22 disabling [IJ 6:8 hours [I] 5:12 9:24 Box[11 1:22 disapprove [I] 6:13 motor ['J 5:226:5,9 

### -4- BRADLEY [IJ 2:18 disconnection [II 6:8 -1- Move[IJ 4:1 Branecky[ll] 2:33:11 Division [IJ 4:24 MS [40] 3:4,6,8,10,13,15 40 [II 5:3 3:124:2,9,10 7:7,16,18 idea[I) 7:22 3:16,17,19,20,21,224:3,5 405 [I] 1:23 9:14,15 down [4] 8:5,9,12 10:1 I important [IJ 5:14 4:7,9,11,13,14,15,17,18 4A [IJ 5:21 BRUCE [25] 2:14 3:6,8 duly[l] 5:12 indication [I) 9:3 4:19,20,227:5 8:229:1,4 3:10,13,15,17,19,214:5,7 duplication [I) 6:6 interested[IJ 10:15 9:8,10,12,14,16,18,I9,20 4:9,11,13,15,17,199:10 9:22,23,24 

### -5- 9:12,14,16,18,20,22,24 

### -E- intitia1[11 8: 13 Myers[121 1:21,212:5 51 [I] 5:4 item[21 3:22 5:21 3:15,164:13,149:4,18,19 -C- E [2] 10:4,4 Items [2J 1:13 9:25 10:8,20 -7- C [21 10:4,4 EDDIE [IJ 2:16 Myrna[41 2:143:54:3 emission [3] 6:8,16,21 -J- 9:9 721-2882 [II 1:23 C.S.R[IJ 10:20 721532 [I) 1:22 cancelled[I) 8:3 emissions [I] 6:18 January [IJ 3:23 

### -N- enforce [2) 6:37:24 73172-1532[IJ 1:22 Certificate [IJ 10:21 enforceable [2] 6:22 Jerry [4J 2:6 3:13 4:11 NAAQS[2] 7:28:11 Certified [IJ 10:8 9:16 7:20 Jim (2) 2:4 3: 10 name [IJ 5:18 

### -9- certify [1] 10:9 entered [II 5:9 Juneu] 8:2 need[IJ 9:3 9:00 [I] 1:11 Chair[21 2:7 5:25 entity [I] 7:24 jurisdiction [II 8:21 needed[11 7:1 change [I] 6:7 ENVIRONMENTAL neither [lJ 10:14 

### -A- Chapter[I] 5:8 [II 1:I -K- neveI[21 6:237:12 above [II 10:9 CHERYL[I) 2:18 EPA [6] 6:13,197:7,9,16 keeping [I] 8:20 new [II 8:1 I Christy [3] 1:21 10:8,20 8:4 absent[11 3:19 next [II 3:22 Act[21 5:3 6:6 City [I] 1:22 equal [31 6:17,217:10 nonattainment [IJ 6:25 Clark [7] 2:8 3:6,7 4:5,6 equipment [II 6:9 

### -L- action [II 10:16 9:10,1 I expect[2J 8:5,8 lacks [IJ 6:3 nOr[21 10:14,15 Administrative [IJ 5:2 nothing [I] 10:10 adopt [IJ 9:5 Clean [I) 6:6 expected [I] 3:10 ladies [I] 6:1 notice [3] 5:6,10 8:24 advertised [II 5:6 cleaned [lJ 8:I5 last [I] 8:3 COde[11 5:3 -F- Laura[4] 2:73:194:17 again [I] 7:3 Collins [71 2: 10 3:8,9 4:7 F[I] 10:4 9:22 -0- Agency [I] 9:5 4:89:12,13 facility [I] 5:13 legal [I] 6:3 OAC [2] 5:8,22 agenda[s] 3:225:9,12 comment[6] 6:12,12,13 legally [2] 6:237:13 October [II 5:1 I 

### MYERS REPORTING SERVICE 405-721-2882 Index Page 1C!Jjfjf

- :re,'iI]l APJRU[IL 15 2@1Ql!l' TIrr.SA 

## , off[II 8:9 readable[l] 8:18 scrve [lJ 4:24 wisJrn[l] 5:14 

# I Officer [I] 4:24 reality[ll 7:20 SERVICE [IJ 1:21 wisihlilllg [I] 8:25 officillll [I] 10: 18

.reaUy [II 7:23 set [II 10:17 WH1\TESS [lJ 10:17 ,ldahoma[l1] 1:2,12 receive [I] 8:24 Sharon [4J 2:53:154:13

1:22,225:2,4,7,106:4,4,9 received[21 6:12,12 9:18 -1[- 6:257:25 10:6,7,9,14 xeceivilllg [IJ 5:7 shOlrtha1tlld[2J 10:8,12 One [IJ 6:12 recommend[2] 6:107:4 SIP [5J 6:15,207:108:9 years [II 8:3 opposing [I] 7:7 recommendation [I] 8: 11 

### -'1.- otherwise [I] 10:15 9:5 sole [I] 6:5
ozone [I] 8:10 record [I] 5:9 someone [lJ 7:23 zero [II 7:12 reduction [I] 6:22 speaking [I] 5: 19 -p- reductions [101 6: 16, 17 SS [I] 10:6 P.O [II 1:22 6:18,21,237:1,10,12,14 staff[4] 2:125:236:10 part[2] 5:4 8: 13 7:14 7:3 partial [I] 6:6 redundancy [I] 8:16 start[3J 3:44:20 8:13 parties [1] 10:15 Register[2] 5:7,10 state [H] 1:25:11,186:3,9 passage [21 6: 1I 7:4 registration [1] 5: 15 7:25 10:6,9 passed [2J 4:199:24 Regular [I) 3:23 statement[ll 5:J4 pertaining [II 5:8 REGULARLY [II ]:9 states [2J 6:14,19 Pete[4J 2:93:17 4:15 regulate [IJ 6:5 Statutes [I] 5:5

9:20 regulated[IJ 8:18 step [I] 8: 19 planning [IJ 8:5 Regulations [I) 5:3 streamed [I] 8:17 podium[I) 5:18 relative [2) 8: 11 10: 15 subchapter[12) 6:2,5,14 pollution(3) 5:22 6: 17 remember [2J 5:17 8:15 6:J5,16,18,20,21,227:1 7:11,12 6:23 removal [41 6:8,15,19 7:8 such [II 4:24 portion [I] 4:21 remove[3] 6:147:9,14 posted [11 5:12 removing [IJ 6:24 -T- pOWef[IJ 6:5 replaced[2] 6:17,21 T [2] 10:4,4 Present[3] 3:7,9,12 RepOrter[I) 10:8 presentation [IJ 5:24 REPORTING[IJ 1:21 table[ll 5:15 ( PRICE[l1 2:17 request[116:14 TERRILL [2J 2:168:1 problem [II 6:24 requests [2] 6:10 7:3 thereafter [I] 10: 12 Procedures [I] 5:3 require [2) 6:15,20 thought [IJ 7:22 proceed [I] 5:20 requires [11 7:9 through [2] 5:5 8: 15 proceeding [2] 10:10,11 restatei'J 7:3 Title [31 5:3,4,8 PROCEEDINGS [2] revocation [II 6:7 today's [2J 3:224:25

1:83:2 revoke [2] 6:2 9:5 transcribed [I] 10:12 prohibition [1] 6:7 rewrite/dewrong [1) TRANSCRIPT[11 1:8 proposal [2J 6: 11 7:4 8:14 tried [1] 8: 17 proposed [I] 5:8 rid [II 8:16 truth [3J 10: 10,10,11 proposing [I] 6:2 roll[4] 3:54:38:129:9 Tulsa [2] 1:1210:14 Protocol [I) 4:24 role [6] 6:3,77:88:259:2 provision [2] 8:9,11 9:6 

# -upublic[H) 4:206:1,47:24 roles (4) 5:87:25 8:15,20 under [II 10: 12

8:18,249:1,3 up [I] 8:15 Purkaple[1] 2:63:13,14 

### -S- used[21 7:13,13

4:11,J29:16,17 Safety [2] 6:47:24 purpose [I] 5:7 SCHEDULED[IJ 1:9 

# -v- put[1) 7:21 seal [1] 10:18 value [II 8:20 

### -Q- season [II 8: 10 Vehicle [I] 5:22 second [61 4:2 6:19 8:13 vehicles [2] 6:5,9 QUality[4] 1:1,10 4:23 8:199:7,8 VICE-CHAIR[lJ 2:6

5:1 Secretary[l) 5:11 questions [IJ 7:6 Section [IJ 5:5 

# -w- quorum [IJ 3:21 Sections [I] 5:5
see [2J 8:10,19 WHEREOF[I] 10:17 , 

### -R- White [OJ 2:93:17,184:1 

## , send[21 8:9,12 R[ll 10:4 sending [II 8:5 4:15,169:7,20,21 whole [I] 10:10 

### MYERS REPORTING SERVICE 405-721 -2882 Index Page 

### 2

### OKLAHOMA DEPARTMENT Of ENVIRONMENTAL C,UALITY



### NAME 

### audlor AFFILIATION

### AR~i;; 

# QUALi'fY CUUNCnfL,**iMteRRd!l!!ffi~e** 

### ReciDJn"[n Ai]I'!1 Jl§,**21J1l~** 

### 1I'1I.IIsa, Okllllllmma



### Address and/or Phone lind/on" E-Mail

## !\IR**Q~JALllTY COUNCn~** **Atftttnu~~1alJ11lce** 

### Rec@Irrdl April 

### Jl.'J, 2009 'ful§!l, Olldahmil!'-

;1 

### OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY



### NAME and/or AFF'XLlA'flON Addre§s and/or Phone 

### and/or E-Mail

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### ~1!4.fU\h. 

### 'f!!:.P**9~pll,'l.>** j) 

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### Vo1ume27 Number 17 

### May 17,2010 Pages 1073

- 1338 

# RECEIVED
MAY 

## 13 2010 

# DEQLEGAL



# e 01lla 

# Re ister

...

Oklahoma**S~cretary** 

# ofState Office ofAdministrative RulesBrad Henry, Governor M. Susan Savage, Secretary oeState Peggy Coe, Managing Editor

THE OKLAHOMA REGISTER is an official publication ofthe State ofOklahoma. It is published semi-monthly on the firstworking day ofthemonth and onthe firstworking day following the 14th day ofthe month underthe authority of75 O.S., Sections 250 et seq. and OAC 655: 10-15-1. Therules ofthe StateofOklahomaarecodified andpublished inthe OklahomaAdministrative Code.
The OklahpmaRegister andthe documents acceptedforpublication areAVAILABLEFORPUBLIC INSPECTION at the Office ofAdministrative Rules pursuant to the Oklahoma Open Records Act. Copies ofthe Register are also available for public inspection at many County Clerks' offices in Oklahoma, the Jan Eric Cartwright Memorial Law Library inthe StateCapitol, andthe following depository libraries:
Ada

-EastCentralUniversity,LinscheidLibrary Alva

-Northwestern OklahomaStateUniversity, J.W. MartinLibrary Bartlesville

-BartlesvillePublicLibrary Clinton

-ClintonPublicLibrary Durant

- SoutheasternOklahomaStateUniversity, H.G. BennettMemorialLibrary Edmond

-University ofCentraI Oklahoma, Chambers Library Enid

-PublicLibrary ofEnidand GarfieldCounty Goodwell- OklahomaPanhandle StateUniversity Lawton

-LawtonPublicLibrary McAlester

-McAlesterPublicLibrary Norman

-UniversityofOklahoma,BizzellMemorial Library OklahomaCity

-MetropolitanLibrary System OklahomaCity

- OklahomaDepartmentofLibraries Stillwater

-OklahomaStateUniversity, EdmonLow Library Tahlequah

-Northeastern StateUniversity,John VaughanLibrary Thlsa

-TulsaCity-CountyLibrary System Thlsa

-University ofTulsa,McFarlinLibrary Weatherford

- Southwestern OklahomaStale· University, AlHarrisLibrary

CITE MATERIAL PUBLISHED IN THE OKLAHOMA REGISTER by the volume and the beginning page numberofthe documentintheRegister. Forexample: 260kReg256.
SUBSCRIPTION RATES for the Register are $500.00 per year for the printed issues and $300.00 per year for the CD-ROM issues, payable in advance. When available, individualprinted issues may be purchased for $20.00 plusthe costofpostage, payable in advance. Make checks payableto "Secretary ofState." Send subscriptionrequests, change ofaddress notices, and undelivered copies to: Secretary ofState, Office ofAdministrative Rules, P.O. Box 53390, OklahomaCity, OK73152-3390.
INFORMATION ABOUT TillS PUBLICATION may be obtainedby contacting the OklahomaSecretary ofState, Office ofAdministrative Rules, 2401 North Lincoln Boulevard, Will Rogers Building, Room 220, P.O. Box 53390, Oklahoma City, OK 73152-3390, or by calling (405) 521-4911 or faxing (405) 522-3555. Office hours are 8:00 a.m. to 5:00p.m., Monday throughFriday.
Tbis publication is issued and printed by the Secretary ofState as authorized by 75 a.s., Section 255. 68 copies have been prepared and distributedatacostof$837.26. Copieshavebeendepositedwiththe OklahomaDepartmentofLihraries,PublicationsClearinghouse. ISSN0030-1728

### PermanentFinalAdoptions

TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER20. EMERGENCYPLANNING

AND COMMUNITYRIGHT-TO-KNOW [OAR Docket#10-670J

RULEMAKING ACTION: PERMANENT final adoption RULES: 252:20-1-3 [AMENDED] AUTHORITY: Environmental Quality Boardpowers andduties: 27AO.S. §§ 2-2-101 and 4-2-102 DATES: Commentperiod: October 15 through November 16, 2009 Pnblic bearing: November 19, 2009 Adoption: November 19, 2009 Submitted to Governor: November30, 2009 Submitted to House: November30, 2009 Submitted to Sf:Date: November30, 2009 Gubernatorial approval: I)ecernbcr29,2009 Legislative approval: Failure ofthe Legislature to disapprove the rules resulted in approval on March 24, 2010 Final adoption: March 24, 2010 "'ffectlve:

July 1,2010 _JPERSEDED EMERGENCY ACTIONS: None INCORPORATIONS BY REFERENCE: Incorporated standards: References to40C.ER. changed toJuly 2009 IDcorporatiDg rules: 252:20-1-3 Availability: Copies are available for review at the Department of Environmental Quality, P.O. Box 1677, Oklahoma City, OK 73101-1677, Monday througb Friday, 8:00 a.m. to 4:30p.m. ANALYSIS: In 2008, EPA finalized several changes to the Emergency Planning and Community Right-to-Know Act (EPCRA) regulations (40 CFR Parts 355 and 370). These changes are being incorporated by reference in this rule amendmentby changingthe date from 2004to 2009. Tbe Tier 1andTier II forms and their instructions have been removedfrom the code offederal regulations (CFR). They may nowbe found on EPA's Web site: www.epa.gov/emergencies. Therevised regulationincludes adescription ofthe requirements for Tier I and Tier II. Facilities are now required to report their North American Industry Classification System (NAlCS) code on the Tier I or TierII form. Also, the chemical orcommon name ofthe ebemical as provided on the Material Safety Data Sheet must be provided on the Tier II form. When determining whether the threshold quantity of an extremely bazardous substance (EHS) has been met, facilities must include the total quantity ofthatEHS present in thepure form as well as in any mixture, even if any mixture includingtheEHS is alsobeingreported as ahazardous chemical. For hazardous chemicals that are mixtures and do not contain any extremely hazardous substance, facilities have an option when determining whetherthe threshold quantity is present: (1) add togetherthe quantity present ;n its pureform and as a component in all mixtures (even ifthe mixture is also ":ing reported as a hazardous chemical), or (2) consider thc total quantity of

.h mixture separately. CONTACTPERSON: Monty Elder, Customer Services Division, Department ofEnvironmental Quality, p.o. Box 1677, Oklahoma City, OK 73101-1677,**e~mail** at monty.elder@deq.ok.gov, phone 405·702-1000, orfax 405-702-1001.
PURSUANT TO THE ACTION DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.I(A), WITH AN EFFECTIVE DATE OFJULY 1,2010:

252:20-1-3. Incorporations by reference (a) Reference to CFR, Reference to Title 40 ofthe Code of Federal Regulations (40 CFR) shall mean (unless otherwise specifically provided) the Superfund, Emergency Planning, and Community Right-to-Know Regulations, July,;!0042009. (b) Incorporation. The following Parts of 40 CFR are, unless otherwise specified, incorporated by reference in their entirety: (I) Part355 (Emergency Planning andNotification); (2) Part 370 (Hazardous Chemical Reporting: Community Right-to-Know); (3) Part 372 (Toxic Chemical Release Reporting: Community Right-to-Know). (c) Interface with CFR. In the Parts of40 CFR incorporated by reference, the term "Commission" shall mean the Department. (d) References incorporated. Incorporation by reference ofaprovisionofthe Code ofFederalRegulations also incorporates

### an citations and definitions containedtherein. (e) Penalties. Penalties cited in40 CFR an; subjectto limitations underOklahomalaw. [OAR Docket#10-670;filed4-23-10J



### TITLE252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 100. AIRPOLLUTIONCONTROL [OAR Docket#10-671J

RULEMAKING ACTION: PermanentFinalAdoption RULES: Subehapter 15. MotorVehiclePollutionControl Devices [REVOKED] 252:IOO-15-llhrough252:100-15-6 [REVOKED] AppendixE. Primary AmbientAirQuality Standards [REVOKED] AppendixE. Primary AmbientAirQuality Standards [NEW] Appendix F. Secondary AmbientAirQuality Standards [REVOKED] AppendixF. SecondaryAmbientAirQuality Standards [NEW] AUrnORITY: Environmental Quality Board; 27A O.S. §§ 2-2-101 and 2-2-201; and OklahomaCleanAirAct, 27AO.S. §2-5-IOI etseq. DATES: Commentperiod: March 15,2009throughApril 15, 2009 August24, 2009 Public bearing: April 15, 2009 August 24, 2009 Adoption:**Augu~** 24, 2009 (proposed)

OklahomaRegister(VoJume 27, Number 17) 1166 May 17,2010Submitted to Governor: August 31, 2009 Submitted to House: August 31, 2009 Submitted to Senate: August 31, 2009 Guber-aatorial approval: October2, 2009 Legislative approval: Failure ofthe Legislature to disapprove the rules resulted in approval on M"ch24,2010 Final adoption: March 24, 2010 Effective: July 1,2010 SUPERSEDED EMERGENCY ACTIONS: N/A INCORPORATIONS BYREFERENCE: N/A ANALYSIS: The Oklahoma Department ofEnvironmental Quality (DEQ) is proposing to revoke OAC 252:100-15, Motor Vehicle PoUution Control Devices because DEQdoes notcurrentlyhave the legal authority toenforcethese rules. CONUCTPERSON: Cheryl Bradley, Department of Environmental Quality, Air Quality Division, 707 North Robinson, P.O. Box 1677, Oklahoma City, Oklahoma 73101-1677, (405) 702-4218.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OFJULY 1, 2010:

SUBCHAPTER 15. MOTORVEHICLE POLLUTIONCONTROLDEVICES [REVOKED]

252:100-15-1, Purpose [REVOKED] This Suheh"!'ter is for the pu'!'ese e[prev"HtiHg, ahatiag, Blla aeHtfelliHg air pallutaHts whiah waula atharwise ha emit taa thraugh the aperatiaH a[matarvehiales Blla afmatar ,'eIli ale engines.

252:100-15-2. Definitions [REVOKED] The fallawiHg waras Blla terms, whaH usea in this Sull ahapter, shall have the fallewiHg meBlliHg, lIftless the eaHt.,oI eleart)' iHelieiHes etBeNlise: ""EYBII8FotiRg less eBB.Fsl system" mOaBS a system SF aeviee aesignea Blla iHstallea m sueh a maHller as ta re""ae
ar pr",

..eHt the emissiaH ta the almasphere afthe vapars afthe hyllraearl3aH fuel aaHlainea m the fuel taAI" earl3uretar, ""EIfar fuel pump afthe matar '

..ehiele. "ExhaustemissioB seDtrDl S3'stem" means asystem, de viee, SF engine Rieaifieatiea desigeea anEl installed itt slisR a mar..ner as .8 rea1::lS8 af I3FEweatthe emissisat8 tHe atmesph8re afair pallutallt gases, '.'apars, aAa partiaulat. matter releasea fram the ",atar vehiel••HgiHe thraugh the .,<R

....st mBllifala ""a tailpipe. 

### PermanentFinalAdoptions

"Matar"elliel,," me""s a selfprapellea, wheel.avehiele aesigHea far Aarmaluse aH puhli. slfeets ""a highways. "1\'IO.OF**'/elii~le** J'ollutioB seRtFs} devise" means Bft)' SF all afthe a",'i.es ar systems referrea ta iA this Suh.hapter ""a aesigneata .aAlfal arpr""eHlairpallutiaA emissiaHs fra", ma ter v8hieles.**"N~!** vehiele" meaRS ametervahialewhish is intRapes sassieR efperS8ftS iatfie GHar-.J1ats sfeemmefS8 ift stish aman Aer that the velliele is Aat sul3je.t ta registratiaHs with the 01, lahama State 'I'm, Cam",issiaH ay the ultimate purehaser. "Positive eF8Bli:ease vefttilatoF" ffieBflS a**~!stem** SF de vise aesignedandinstalled in sueh amamlerasto }3revem: orre duee therelease eremissiante tHe outside atmas}3here efgases and/sr vQ}3ers }3raehieea SF atheF'lNise }3resest ift the eraaleease afthe engme afa matar vehiele.

252:100-15-3, Scope [REVOKED] This Suheh"!'ter shall apply ta all matar vellieles, regis terea ar sul3jeet ta registratiaH with the Oklahama State 'I'm, Commissien, in
·....eiah, as nBJlI "ehieles, meter "ehiele 13ellu tiaR .aHtral aevi.es ha"e aeeA iHstailea ay virtue affeaeral laws Blla ",gulatiaAs, iR e!feel Aaw ""a hereafter, requirirlg su.h aeyiees ta he iHstallea. Ha'

...."".r, Hething iA this Suh eh,,!,te. shall superseae ar atherwise meailY su.II feaerallaws ""amles, Harshall IlftOl'.hiHg iRthis Suaell"!'terae eaAstruea ta re'lllire tile irlstallatiaA afmatar yehiele pellutiaA .eHtral ae viees aR matar "ehi.les Rat reterrea ta h)' sueh fuaeral laws ana mles.

252:100-15-4, Prohibitions [REVOKED] }la }3ersBnshall aaase, suffer, allew, ar**~eHflit** theremaval, diseeooeetiB8, anGIerdisaeling afa }3esitive eranlEeaseveatila tsr. eufiaust emissien eaRtrel system, sr e:V"Q}3BFative less ean Ifal system wlli"" has heeH iHstallea aH a matar ,,""i.le; Her shall IlftOl' persaR aefeat the aesiga pu'!'ase afIlftOl' su.h matar ,,,,aiele palMiaH .aAlfala""iee hy irlstalliAg therem erthereta ""y pHJ1 ar eempeneAt whi"" is Hat Bll autheHlie repleaem

...t part sr eemp8HeHt sfthe £Ieviee.

252:100-15-5, Maintenance, repair, ortesting [REVOKED] Per the pU£Fsse efrautiae maiateaanee, repair, srtesting sfthe metervehiele, its eempsR:eBts, ertAe metsrveRielepel lutien eaMfal devises. the Hlster '1ehiele eF

## as eRgiRe may Ret
ae aperatea aA puaHa streets ar IIighways with the meter ,'e aiele pelhltiBn eeBtrBI deviees remevee ar stRsr:.yisereReeree iRaperahle.

252:100-15-6, Liquifiedpetroleum gas [REVOKED] 0fleratisn sfametervehiele sr its entiRe whieh aSBS tiEl ueliea petreleum gas as fuel is herehy e.oomptea frem prayi siaAs afthis Suaeh"!'ter.

MayJ7,2010 1167 OklahomaRegister (Volume 27, Number 17)

### PermanentFinalAdoptions

APPENDIXE. PRIMARY AMBIENTAIR QUALITY STANDARDS [REVOKED]
APPENDIX E. PRIMARY AMBIENT AIR QUALITYSTANDARDS [NEW]

Sulfur Carbon Nitrogen Dioxide PM-10 PM 2.5 Monoxide Ozone Dioxide Lead

40 mg/m3 1-hr. max (2)35 ppm

10 mg/m3 8-hr. max**(~9** ppm (4) 0.075 ppm

365 ug/m' 24-hr. max**,~0.14** ppm (1) 150 ug/m3 (') 35 ug/m 3
Roiling 3- month average ") 0.15 ug/m3

80 ug/m3 100 uglm' Annual (1)0.030 ppm (S) 15 ug/m3 (1) 0.053 ppm

(1) Annual arithmetic mean (2) Not to be exceeded more than once per year (3) Not to be exceeded more than once during a 3-year period as pro'lided in 40 CFR 50, Appendix R. (4) The standard is attained when the computed 3-year a..erage of the annual 4th-highest daily maximum 8- hour a..erage does not exceed 0.075 ppm, as pro'lided in 40 CFR 50.15. (5) The standard is attained when the 98th percentile concentration is equal to or less than the numerical standard as determined by 40 CFR 50, Appendix N. (6) The standard is attained when the annual arithmetic mean is equal to or less than the numerical standard as determined by 40 CFR 50, Appendix N. (7) The standard is attained when the expected number of days per calendar year with a 24-hour a..erage concentration abo..e 150 ug/m3

, as determined in accordance with 40 CFR 50, Appendix K is equal to or less than one.

OklahomaRegister (Volume 27, Nwnber J 7) 1168 May 17, 2010

### PermanentFinalAdoptions

APPENDIX F. SECONDARY AMBIENTAIR QUALITY STANDARDS [REVOKED]
APPENDIX F. SECONDARYAMBIENT AIR QUALITYSTANDARDS [NEW]

Sulfur (6)Carbon Nitrogen Dioxide 1 6)PM-10 PM 2.5 Monoxide Ozone Dioxide Lead

1**~hr.** max

1300 ug/m3 3-hr. max**(~0.5** ppm

8-hr. max 1.)0.075 ppm

24-hr. max Rolling 3· month average**I~** 0.15 ug/m3

100 ug/m3 Annual**(~** 15 ug/m 3 (ll 0.053 ppm

(1) Annual arithmetic mean (2) Not to be exceeded more than once per year (3) Not to be exceeded more than once during a 3-year period as prO'Aded in 40 CFR 50, Appendix R. (4) The standard is attained when the computed 3-year alerage ofthe annual 4th-highest daily maximum 8- hour alerage does not exceed 0.075 ppm, as p(O\,;ded in 40 CFR 50.15. (5) The standard is attained when the annual arithmetic mean is equal to or less than the numerical standard as detenmined by 40 CFR 50, Appendix N. (6) PM-10 and carbon monoxide hale no secondary standard.

[OAR Docket#10-671;filed4-23-1OJ

May 17, 2010 1169 OklahomaRegister (Volume 27, Nwnber 17)( (

I ( 

### TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 100. AIRPOLLUTION CONTROL
EXECUTIVE SUMMARY
APPENDIX E. PRIMARY AMBIENT AIR QUALITY STANDARDS APPENDIX F. SECONDARY AMBIENT AIR QUALITY STANDARDS
Before the Air QualityAdvisory Council onApril 15, 2009. Beforethe Environmental Quality Boardon August 24,2009.
EXECUTIVE SUMMARY: The proposed amendments to Appendices E and F would change the primary and secondary ambient air quality standards for lead to be consistent with the National Ambient Air Quality Standards.
DIFFERENCES FROM ANALOGOUS FEDERAL RULES: None.
ENVIRONMENTAL BENEFIT STATEMENT: Notrequired because these rules are notmore stringentthan corresponding federal rules.
SUMMARY OF COMMENTS AND RESPONSES:
COMMENT: EPARegion VI supports this action.
RESPONSE: Nonerequired.UWTEIJ STATES ENV!RONMENTAt PROTEC1"IOI\J AGENC1I REGION 6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TX 75202-2733 

### APR 1 0 2009

Ms. Cheryl E. Bradley Enviromnental Programs Manager Air Quality Division OklahomaDepartmentofEnvironmental Quality p.O. Box 1677 OklahomaCity, OK 73101-1677

DearMs. Bradley:

Thankyou forthe opportunity to commentonthe proposedrevisions to Oklahoma's Air Pollution Control Rules, OklahomaAdministrative Code 252:I00, as listedbelow:

Subchapter IS Subchapter 17 AppendixE AppendixF Subchapter 15 MotorVehicle Pollution Control Devices Incinerators PrimaryAmbientAir Quality Standards SecondaryAmbientAir Quality Standards

The OklahomaDepartmentofEnvironmental Quality (DEQ) is proposing to revoke Subchapter IS in its entirety. Wheri the DEQ is readyto submitthis as arevision to the Oklahoma State Implementation Plan (SIP), the SIP revision mustinclude a demonstration that the emissions reductions from Subchapter 15 have beenreplaced by equal orgreateremissions reductions orthat Subchapter 15 did not contribute toward attainmentin any ofthe former nonattainment areas in Oklahoma. Subchapter 17

We are concernedthatthe revision to section 252: 100-17-5, titled "Incinemtordesign requirements," does not address residencetime. We have discussedthis briefly withyour staff and wouldbe happy to discuss further. We concurwith the otherrevisions to this subchapter. Appendices E and F

We concurwiththe revisions to Appendices E and F, which are consistentwiththe 2008 National Ambient

### Air Quality Standards forlead.

Recycled/Recyclable. PrlntadWith Vegetable OilBased Inks on 100% RecycledPaper(40% Pestconsumer)We appreciate the opportunity to review mld commenton the proposedrules priorto the public hearing on April 15, 2009. Ifyou have questions regarding any ofthese comments, please feel free to contactme at (214) 665-7242, or CmTie Paige at (214) 665-6521. Sincerely youi's,

# ;;;/~. GuyR.

### ~dson 

## p Chief 

### AirPlmming Section

Enclosure

cc: Mr. Leon Ashford OklahomaDepartmentofEnvironmental Quality Ms. DianaHinson OklahomaDepartmentofEnvironmental Quality Mr. Max Price OklahomaDepartmentofEnvironmental Quality