Dear Dr. 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

'I

" Jflh! -[I PH 2: II I

STATE OF OKLAHOMA

OFFICE OF THE

SECRETARY OF ENVIRONMENT

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 of Oklahoma submits for your review and approval under Section 110 of the 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Control Devices, was revoked because the Department lacks the legal authority to enforce these rules.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 of the 1990 Federal Clean Air Act, revocation of the

rule does not change the prohibition of removal, disconnection, and/or disabling of emission control equipment

on motor vehicles in the state of Oklahoma.

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

of the 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.D.

~~(j Strong

Secretary of Environment

Enclosures

6RA.~~.•.6EN., .

6DRA.~..6WQ .

6MD 6SF .

60EJ•..,•. , 6RC ..

6PD.OL~6XA..,.3..~ '7' tiird;u,>e

cc: Steve Thompson, Executive Director, Department of Environmental Quality

Eddie Terrill, Director, DEQ Air Quality Division

Guy Donaldson, Section Chief, Air Planning Section, EPA Region VI (6PD-L)

Jeff Robinson, 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 DEPARTMENT OF ENVIRONMENTAL QUALITY

BRAD HENRY

Governor

December 16,2010

Dr. Alfredo Armendariz, Regional Administrator

U.S. Environmental Protection Agency - Region VI (6 PD-L)

1445 Ross Avenue, Suite 1200

Dallas, TX 75202-2733

RE: 2010 Revisions to the Oklahoma State Implementation Plan (SIP)

Dear Dr. Armendariz:

As Director of the Air Quality Division of the Department of Environmental Quality, I certify

that the rule making procedures for all the rules listed below were in compliance with the

requirements of the Oklahoma Administrative Procedures Act, 75 O.S. §§ 250.1 through 323,

and 40 CFR §§ 51.102(f), 51.102(d), and CFR Part 51, Appendix V, 2.1(g).

Each rule and its public hearing history is listed in the tables below:

Appendix E. Primary Ambient Air Quality Standards and

Appendix F. Secondary Ambient Air Qualit~ Standards

[NOTICE PUBLIC HEARING GOVERNING BOARD

03/16/2009 Apri115,2009 Air Quality Advisorv Council

03/16/2009 August 24, 2009 Environmental Quality Board

S bu chaPler t 252:100-15. M t V o or eh'ICI Pe o uII fIon ContIDro eVlces .

[NOTICE PUBLIC HEARING GOVERNING BOARD

03/16/2009 April 15, 2009 Air Quality Advisorv Council

03/16/2009 August 24, 2009 Environmental Ouality Board

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 of rulemaking intent

include the date, time and location of public hearings and information on how the public may

submit written or oral comments on proposed rules. The public comment period for all Air

707 NORTH ROBINSON, P.O. BOX 1677, OKlAHOMA (I!Y, OKlAHOMA 731 01-1677

printed on recyded paper with soy Ink

o
Pug.l: :2

Dr. AHi"edo Armenduriz

December] 6, 2010

Quality Advisory Council meetings begins on the date of publication of the notice and ends on

the date ofthe AQAC public hearing unless the AQAC extends the comment period. Also,

unless the AQAC extends the comment period, the Environmental Quality Board (EQB) accepts

comments on the 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:dh

Codification 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. Motor Vehicle 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 of Volatile Organic

Compounds (VOCs) . 39. Emission of Volatile 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 Emissions for Incinerators with Capacities less than 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

1
Appendix 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

2
252:100-13-7. 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) Fire training. Open burning of human-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

SUbject to 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) A dangerous or hazardous material when

there is no other practical or lawful method of

abatement or disposal if authorization is also

received from the DEQ prior to such burning.

(3) Recreational and ceremonial fires. Open

burning is allowed for camp fires and other fires

used solely for 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 of any occupied residence other than

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 or otherwise disposed of in a legal

manner. Notice must be given to the DEQ

prior to 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. Except for 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 for the 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

The open burning ofrefuse and other combustible

material may be conducted only if the following

conditions and requirements are met:

(1) No pUblic nuisance is or will 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 not adversely affect the 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 Director ofthe DEQ may allow the 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 conduct open burning in accordance

with the provisions of this SUbchapter are not exempt

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

sulfur dioxide 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. Standards for air curtain incinerators

252:100-17-24. Standards for municipal waste

combustor operator training and

certification

252:100-17-25. Compliance and perfonnance testing

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 usc0 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) Not to 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/m3

100 uglm3

Annual I" 1.5 ug/m3 11\ 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 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 concerning air quality under OAC 252:4-1-3(c). The AQD has the authority to carry

out all duties, requirements, and responsibilities necessary and proper for the implementation ofthe

OklahomaCAA and fulfilling the requirements ofthe federal CAA under 27A O.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 air quality regulations for DEQ. DEQ has the authority under Oklahoma law to:

Enforce those 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 a permitting program [27A O.S. §2-5-105(2)]; and

Carry out all other duties, requirements and responsibilities necessary and proper for

the implementation ofthe Oklahoma CAA and the fulfillment ofthe requirements

ofthe federal CAA [27A O.S. §§2-5-105(22)].

Specifically, the Environmental Quality Board and DEQ have the existing authority to:

Adopt emissions standards and regulations to implement the Oklahoma CAA and

fulfill requirements of the 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

authorized by the Oklahoma CAA [27A O.S. §§2-5-105(4) and 2-5-110], and seek

injunctive relief when 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,

imminent and substantial endangerment to human health [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 of monitors and require emissions

reports of owners 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 of this section specify the jurisdictional areas ofresponsibility for each

state environmental agency and state agencies with limited environmental responsibility. The

jurisdictional areas of environmental responsibility specified in this section shaH be 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 agency before July I, 1993.

B. Department of Environmental Quality. The Department of Environmental Quality

shall have the following jurisdictional areas of environmental responsibility:

I. All point source discharges of pollutants and storm water to waters of the 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 E ofthis section;

2. All nonpoint source discharges and pollution except as provided in subsections D, E

and F 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's jurisdiction as provided in this subsection;

4. Surface water and groundwater quality and protection and water quality certifications;

5. Waterworks and wastewater works operator certification;

6. Public and private water supplies;

7. Underground injection control pursuant to the federal Safe Drinking Water Act and 40

CFR Parts 144 through 148, except for:

a. Class II injection wells,

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 of mineral brines as

defmed in the Oklahoma Brine Development Act regulated by the

Commission, and

d. 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;

8. Notwithstanding any other provision in this section or other environmental jurisdiction

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 of Title 40 of the 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 the planning

requirements of Title III ofthe Superfund Amendment and Reauthorization Act of 1986;

II. Radioactive waste and all regulatory activities for the use of atomic energy and

sources ofradiation except for the use ofsources ofradiation by diagnostic x-ray facilities;

12. Water, waste, and wastewater treatment systems including, but not limited to, septic.

tanks or other public or private waste disposal systems;

13. Emergency response as specified by law;

14. Environmental laboratory services and laboratory certification;

15. Hazardous substances other than branding, package and labeling requirements;

16. Freshwater wellhead 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

implementation documents;

19. Environmental regulation of any 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 of a computerized information system relating to water

quality pursuant to Section 1-4-107 ofthis title; and

21. Development and promulgation of a Water Quality Standards Implementation Plan

pursuant to Section 1-1-202 ofthis title for its jurisdictional area of environmental responsibility.

C. Oklahoma Water Resources Board. The Oklahoma Water Resources Board shall have

the following jurisdictional areas of environmental responsibility:

1. Water quantity including, but not limited to, water rights, surface water and

underground water, planning, and interstate stream compacts;

2. Weather modification;

3. Dam safety;

4. Flood plain management;

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 and receiving capitalization grant awards, wastewater prioritization for

funding, technical project reviews, environmental review process, and financial review and

administration;

7. Water well drillers/pump installers licensing;

8. Technical lead agency for clean lakes eligible for funding under Section 314 of the

federal Clean Water Act or other applicable sections of the federal Clean Water Act or other

subsequent state and federal clean lakes programs; administration of a state program for

assessing, monitoring, studying and restoring Oklahoma lakes 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 of a volunteer monitoring program to assess and monitor state

water resources, provided such funds from federal Clean Water Act sources are administered and

disbursed by 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 affecting
Oklahoma 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 its jurisdictional area of environmental responsibility;

12. Development of classifications and identification of permitted uses of groundwater, in

recognized water rights, and associated groundwater recharge areas;

13. Establishment and implementation of a statewide beneficial use monitoring program

for waters ofthe state in coordination with the other state environmental agencies;

14. Coordination with other state environmental agencies and other public entities of

water resource investigations conducted by the federal United States Geological Survey for water

quality and quantity monitoring in the state; and

IS. Development and submission of a report concerning the status of water quality

monitoring in this state pursuant to Section 1-1-202 ofthis title.

D. Oklahoma Department ofAgriculture, Food, and Forestry.

1. The Oklahoma Department of Agriculture, Food, and Forestry shall have the following

jurisdictional areas of environmental responsibility except as provided in paragraph 2 of this

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 runoff from agricultural crop

production, agricultural services, livestock production, silviculture, feed

yards, livestock markets 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 milk production facilities,

groundwater protection for activities subject to the jurisdictional areas of

. environmental responsibility ofthe Department,

utilization and enforcement of Oklahoma Water Quality Standards and

implementation documents,

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, 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 of Environmental Quality shall have environmental

jurisdiction over:

a.
including, but not limited to, discharges of pollutants and stonn water to

waters of the state, surface impoundments and land application of wastes

and sludge, and other pollution 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 a pennit for stonn

water discharges shall only be subject to the jurisdiction of the Department·

ofEnvironmental Quality with respect to such stonn water discharges.

E. Corporation Commission.

1. The Corporation Commission is hereby vested with exclusive jurisdiction, power and

authority, and it shall be its duty to promulgate and enforce rules, and issue and enforce orders

governing and regulating:

a. the conservation of oil 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 on the 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 of salt 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 or transportation of oil or gas,

£ underground injection control pursuant to the federal Safe Drinking Water

Act and 40 CFR Parts 144 through 148, of:

(l) Class II injection wells,

(2) Class V injection wells utilized in the remediation of groundwater

associated with underground or aboveground storage tanks regulated

by the Commission,

(3) those wells used for the recovery, injection or disposal of mineral

brines as defined in the Oklahoma Brine Development 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 of refineries, petrochemical manufacturing

plants, natural gas liquid extraction plants, or other facilities which are

subject to the jurisdiction ofthe Department of Environmental 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 of oil, gas or mineral brine during the course of transportation

but not including line pipes in any:

(1) natural gas liquids extraction plant,

(2) refinery,

(3) reclaiming facility other than for those specified within

subparagraph e ofthis subsection,

(4) mineral brine processing plant, 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 of oil 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) other oil and gas extraction facilities and activities,

J. spills of deleterious substances associated with facilities and activities

specified in paragraph 1 of this 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

environmental responsibility ofthe Commission,

m. utilization and enforcement of Oklahoma Water Quality Standards and

implementation documents, 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 of environmental responsibility.

2. The exclusive jurisdiction, power and authority ofthe Commission shall also extend to

the construction, operation, maintenance, site remediation, closure and abandonment of the

facilities and activities described in paragraph 1 ofthis subsection.

3. When a deleterious substance from a Commission-regulated facility or activity enters a

point source discharge of pollutants or storm water from a facility or activity regulated by the

Department of EnvironmentaJ Quality, the Department shall have sole jurisdiction 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. For purposes ofthe federal Clean Water Act, any facility or activity which is subject to

the jurisdiction of the Commission pursuant to paragraph 1 of this subsection and any other oil

and gas extraction facility or activity which requires a permit for the discharge of a pollutant or

storm water to waters ofthe United States shall be subject to the direct jurisdiction ofthe federal

Environmental Protection Agency and shall not be required to be permitted by the Department of

Environmental Quality or the Commission for such discharge.

5. The Commission shall have jurisdiction over:

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 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 of a 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 of a 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 Oklahoma Leaking Underground Storage Tank Trust Fund.

6. The Department of Environmental Quality shall have sole jurisdiction to regulate the

transportation, discharge or release ofdeleterious substances or solid or hazardous waste or other

pollutants from rolling stock and rail facilities. The Department of Environmental Quality shall

not have any jurisdiction with respect to pipeline transportation of carbon dioxide.

7. The Department of Environmental Quality shall have sole environmental jurisdiction

for point and nonpoint source discharges of pollutants and storm water to waters of the state

from:

a. refineries, petrochemical manufacturing plants and natural gas liquid

extraction plants,

b. manufacturing of equipment and products related to oil and gas,

c. bulk terminals, aboveground and underground storage tanks not subject to

the jurisdiction ofthe Commission pursuant to this subsection, and

d. other facilities, activities and sources not subject to the jurisdiction of the

Commission or the Oklahoma Department of Agriculture, Food, and

Forestry as specified by this section.

8. The Department of Environmental Quality shall have sole environmental jurisdiction to

regulate air emissions from all facilities and sources subject to operating permit requirements

under Title V ofthe federal Clean Air Act as amended.

F. Oklahoma Conservation Commission. The Oklahoma Conservation Commission shall

have the following jurisdictional areas of environmental responsibility:

I. Soil conservation, erosion control and nonpoint source management except as otherwise

provided by law;

2. Monitoring, evaluation and assessment of waters to determine the condition ofstreams

and rivers being impacted by nonpoint source pollution. In carrying out this area of
responsibility, 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 otherwise provided by state law;

3. Wetlands strategy;

4. Abandoned mine reclamation;·

5. Cost-share program for land use activities;

6. Assessment and conservation plan development and implementation in watersheds of

clean lakes, as specified by law;

7. Complaint data management;

8. Coordination of environmental 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 of Oklahoma 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 Sequestration Act.

G. Department of Mines. The Department ofMines shall have the following jurisdictional

areas of environmental responsibility:

1. Mining regulation;

2. Mining reclamation of active 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 its jurisdictional areas ofresponsibility.

H. Department of Wildlife Conservation. The Department of Wildlife Conservation shall

have the following jurisdictional areas of environmental responsibilities:

1. Investigating wildlife 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

jurisdictional areas of environmental responsibilities:

1. Hazardous waste, substances and material transportation inspections as authorized by

the Hazardous Materials Transportation Act; and

2. Inspection and audit activities of hazardous waste and materials carriers and handlers as

authorized by the Hazardous Materials Transportation Act.

J. Department of Labor. The Department of Labor shall have the following jurisdictional

areas of environmental 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 be regulated by 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 Oklahoma Emergency 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 Notification Act;

3. Administer and conduct periodic exercises of emergency operations plans provided for

in this subsection pursuant to the Oklahoma Emergency Resources Management Act of 1967;

4. Administer and facilitate hazardous materials training for state and local emergency

planners and first responders pursuant to the Oklahoma Emergency Resources Management Act

of 1967; and

5. Maintain a computerized emergency information system allowing state and local access

to information regarding 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

promulgated by 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 of the federal provision as it existed at the time of the incorporation by reference.

Any subsequent modification, repeal or invalidation of the federal provision shall not be deemed

to affect the incorporating Board rule.

Added by 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. Be the official agency ofthe State of Oklahoma, as designated by law, to cooperate with

federal agencies for point source pollution, solid waste, hazardous materials, pollution,.

Superfund, water quality, hazardous waste, radioactive waste, air quality, drinking water

supplies, wastewater treatment and any other program authorized by law or executive order.

C. Any employee of the Department in a technical, supervisory or administrative position

relating to the review, issuance or enforcement of permits pursuant to this Code who is an owner,

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 of the 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 traded mutual funds.

D. The Executive Director, Deputy Director, and all other positions and employees of the

Department at the Division Director level or higher shall be in the unclassified service.

E. The following programs are hereby established within the Department of

Environmental Quality:

I. An air quality program which shall be responsible for air quality;

2. Water programs which shall be responsible for water quality, including, but not limited

to point source and nonpoint source pollution within the jurisdiction of the 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 responsibility pursuant to 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

laboratory certification, recycling, education and dissemination ofinformation.

F. Within the Department there are hereby created:

1. The complaints program which shall be responsible for intake processing, investigation,

mediation and conciliation of inquiries 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 be responsible 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 information necessary to comply with the Oklahoma Environmental 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 or permits, and forms used to comply with the Oklahoma Environmental 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 of the Oklahoma House of Representatives by January 1 of each year.

The annual status report shall include: the number of enviromnental inspections made within the

various regulatory areas under the Department's jurisdiction; the number of permit applications

submitted within the various regulatory areas under the Department's jurisdiction; 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 of any 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 of the Department's enviromnental education efforts;

the number and type of administrative hearings 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 of notices of

violations issued by the Department within the various regulatory areas under its jurisdiction; the

amount of penalties collected by the Department within the various regulatory areas under its

jurisdiction; and any other information which the Department believes is pertinent.

2. Beginning January 1, 1995, and on or before January 1 of every 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 Quality Code.

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 the purpose oftraining government employees to provide any needed enviromnental
services; provided, that the investigation of complaints regarding, or inspections of, permitted

sites or facilities shall not be performed by employees of other agencies, unless otheIWise

authorized by 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 of Environmental Quality is hereby designated the administrative agency

for the Oklahoma Clean Air Act for the state. The Department is empowered to:

1. Establish, in accordance with its provisions, those programs specified elsewhere in the

Oklahoma Clean Air Act;

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 Clean Air Act Amendments of 1990;

3. Prepare and develop a general plan for proper air quality management in the state in

accordance with the Oklahoma Clean Air Act;

4. Enforce rules ofthe Board and orders ofthe Department and the 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 air contamination sources within the state;

6. Encourage and conduct sliIdies, seminars, workshops, investigations and research

relating to air pollution and its causes, effects, prevention, control and abatement;

7. Collect and disseminate information relating to air pollution, its prevention and control;

8. Encourage voluntary' cooperation by persons, towns, cities and counties, or other

affected groups in restoring and'preserving a reasonable degree ofpurity of air within the state;

9. Represent the State of Oklahoma in any and all matters pertaining to plans, procedures

or negotiations for the interstate compacts in relation 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 of carrying out the provisions of the Oklahoma

Clean Air Act, from funds available for such purposes;

II. Employ and compensate, within funds available therefor, such consultants and

technical assistants and such other employees on a full- or part-time basis as may be necessary to

carry out the provisions ofthe Oklahoma Clean Air Act and prescribe their powers and duties;

12. Accept and administer grants or other funds or gifts for the purpose of carrying out

any ofthe functions ofthe Oklahoma Clean Air Act;

13. Budget and receive duly appropriated monies and all other monies available for

expenditures to carry out the provisions and purposes ofthe Oklahoma Clean Air Act;

14. Bring appropriate court action to enforce the Oklahoma Clean Air Act and fmal orders

of the Department, and to obtain injunctive or other proper relief in the district court of the

county where any alleged violation occurs or where such relief is determined necessary. The

Department, in furtherance ofits staliItory powers, shall have the independent authority to file an

action pursuant to the Oklahoma Clean Air Act in district court. Such action shall be brought in

the name ofthe Department ofEnvironmental Quality;
IS. Take such action as may be necessary to abate the alleged pollution upon receipt of

evidence that a source of pollution or a combination of sources of pollution is presenting an

immediate, imminent and substantial endangerment to the health of persons; .

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, or contribute to the emission of any

air contaminant;

17. Require the submission or the production and examination, within a reasonable

amount of time, 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 of confidential

information by an Administrative Law Judge during the course of a contested hearing;

18. Maintain and update at least annually an inventory of air emissions from stationary

sources;

19. Accept any authority delegated from the federal government necessary to carry out

any portion ofthe Oklahoma Clean 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 Air Act.

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 repealed by Laws 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 protect the health, safety and welfare ofthe public and fulfill the intent and purpose

ofthese provisions.

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.

The powers 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 of air pollution and for the establishment of health and safety

tolerances for discharge of air contaminants in the state as may be consistent with the general

intent and purposes of the Oklahoma Clean Air Act. The recommendations may include, but

need not be limited to, rules required to implement the following:

a. a comprehensive state air permitting program,

b. an accidental release prevention program,

c. a program for the regulation and control of toxic and hazardous lIlr

contaminants,

d. a program for the regulation and control of acid deposition,

e. a small business program, and

f. a system of assessing 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 or repeal thereofto the

Board, the Council shall hold a public rulemaking hearing. The Council shall have full authority

to conduct such hearings, and may appoint a hearing officer;

4. A rule, or any amendment thereof, recommended by the Council may differ in its terms

and provisions as between particular conditions, particular sources, and particular areas of the

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 of the state. The Council shall take into consideration, in this

connection, all factors found by it to be proper and just, 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 of the state may not be proper either as to a highly

developed industrial area ofthe state or as to a relatively unpopulated 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 have the authority and the discretion to provide a public forum for the

discussion ofissues it considers relevant to the air quality ofthe state, and to:

a. pass nonbinding resolutions expressing the sense ofthe Council,

b. make recommendations to the Department concerning the need and the

desirability of conducting public 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 Department concerning the plan; and

7. The Council shall have the authority to conduct individual proceedings, to issue notices

of hearings and subpoenas requiring the attendance of witnesses and the production of evidence,

to administer oaths, and to take testimony and receive such pertinent and relevant proof as it may

deem to be necessary, proper or desirable in order that 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 of law and proposed orders as they may require. Upon issuance of a proposed

order, the Council shall request that the Executive Director issue a final order in accordance with

their findings or take such action as indicated and notify the respondent thereof in writing.

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. Amended by Laws 1994, c. 353, § 7, eff. July 1, 1994.

§27A-2-5-110. Violations - Compliance orders - Administrative penalties - Notice and

hearing - Burden of proof- 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 in violation of, the Oklahoma Clean Air Act or any rule promulgated by the Board, any

order of the Department or Council, or any condition of any permit issued by the Department

pursuant to the Oklahoma Clean Air Act, and to whom the Department has served, no less than

fifteen (15) days previously, a written notice of violation. 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

Department may be necessary to render the order reasonably 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 of this section, may

also assess an administrative penalty for past violations occurring no more than five (5) years

prior to the date the order is filed with the Department, and for each day or part of a day that such

person fails to comply with the order.

C. Any order issued pursuant to this section shall state with specificity the nature of the

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 corrected by the person or persons responsible.

D. Any penalty 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 of the violation or violations, any good faith efforts to comply, and other factors

determined by rule to be relevant. A final order following an enforcement hearing may assess an

administrative penalty of an amount based upon consideration ofthe evidence but not exceeding

the amount stated in the written order.

E. Any order issued pursuant to this section shall become a final order, unless no later than

fifteen (15) days after the order is served the person or persons named therein request in writing

an enforcement hearing. 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 and notify the respondent.

F. At all proceedings with respect to any alleged violation ofthe Oklahoma Clean Air Act,

or any rule promulgated thereunder, the burden ofproofshall be upon the Department.

G. Nothing in this section shall be construed to limit the authority of the Department to

enter into an agreed settlement or consent order with 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 of Title 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 of permitting 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 of emission of air contaminants except in compliance with a

permit issued by the Department of Environmental Quality, unless the source has been exempted

or deferred or is in compliance with an applicable deadline for submission of an application for

such permit.

B. The Department shall have the authority and the responsibility, in accordance with

rules ofthe Environmental Quality Board, to implement a comprehensive permitting program for

the state consistent with the requirements ofthe Oklahoma Clean Air Act. Such authority shall

include but shall not be limited to the authority to:

1. Expeditiously issue, reissue, modify and reopen for cause, permits for new and existing

sources for the emission of air contaminants, and to grant a reasonable measure of priority to 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 of any substantive provisions of the Oklahoma Clean Air

Act, or any rule promulgated thereunder or any permit issued pursuant thereto;

2. Refrain from issuing a permit when issuance has been objected to by the Environmental

Protection Agency in accordance with Title V ofthe Federal Clean Air Act;

3. Revise any permit for cause or automatically reopen it to incorporate newly applicable

rules or requirements ifthe remaining permit term is greater than three (3) years; or incorporate

insignificant changes into a permit without requiring a revision;

4. Establish and enforce reasonable permit conditions which may include, but not be

limited to:

a. emission limitations for regulated air contaminants,

b. operating procedures when related to emissions,

c. performance standards,

d. provisions relating to entry and inspections, and

e. compliance plans and schedules;

5. Require, ifnecessary, at the expense ofthe permittee or applicant:

a. installation and utilization of continuous monitoring devices,

b. sampling, testing and monitoring of emissions as needed to determine

compliance,

c. submission ofreports and test results, and

d. ambient air modeling and monitoring;
6. Issue:

a.

b.

general permits covering similar sources, and

permits to sources in violation, when compliance plans, which shall be

enforceable by the Department, are incorporated into the permit;

7. Require, at a minimum, that emission control devices on stationary sources be

reasonably maintained and properly operated;

8. Require that a permittee certify that the facility is in compliance with all applicable

requirements ofthe permit and to promptly report any deviations therefrom to the Department;

9. Issue permits to sources requiring permits under Title V of the Federal Clean Air Act

for a term not to exceed five (5) years, except that solid waste incinerators may be allowed a

term of up to twelve (12) years provided that the permit shall be reviewed no less frequently than

every five (5) years;

10. Specify requirements and conditions applicable to the content and submittal of permit

applications; set by rule, a reasonable time in which the Department must determine the

completeness ofsuch applications; and

11. Determine the form and content of emission inventories and require their submittal by

any source or potential source of air contaminant emissions.

C. Rules of the Board may set limits below which a source of air contaminants may be

exempted from the requirement to obtain a permit or to pay any fee. Any source so exempted,

however, shall remain under jurisdiction ofthe Department and shall be subject to any applicable

rules or general permitrequirements. Such rules shall not prohibit sawmill facilities from open

burning any wood waste resulting .from the milling of untreated cottonwood lumber in areas that

have always attained ambient air quality standards.

D. To ensure against unreasonable delay on the part of the Department, the failure of the

Department to act in either the issuance, denial or renewal of a permit in a reasonable time, as

determined by rule, shall be deemed to be a final permit action solely for purpose of judicial

review under the Administrative Procedures Act, with regard to the applicant or any person who

participated in the public review process. The Supreme Court or the district court, as the case

maybe, may require that action be taken by the Department on the application without additional

delay. No permit, however, may be issued by default.

E. The Department shall notify, or require that any applicant notify, all states whose air

quality may be affected and that are contiguous to the State of Oklahoma, or are within fifty (50)

miles of the source of each permit application or proposed permit for those sources requiring

permits under Title V of the Federal Clean Air Act, and shall provide an opportunity for such

states to submit written 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

documented before the close ofthe public comment period on the draft permit.

G. A change in ownership of any 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 of transfer 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 transferor unless the
transferee assumes all assets and liabilities through contract or other means. For the purposes of

this subsection, good faith shall be construed to mean neither having actual knowledge of a

previous violation nor constructive knowledge which would lead a reasonable person to know of

the violation. It shall be the responsibility of the 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

determination by the Department that:

I. The construction permit was issued pursuant to the public review requirements of the

Code and rules promulgated thereunder; and

2. The operating permit, as issued, does not differ from the construction permit in any

manner which would otherwise subject the permit to public review.

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 of Title 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 Air Act.

1. Except as otherwise provided by paragraph 2 of this subsection, to assure that such

program shall be consistent with, and not more stringent than, federal requirements:

a. any rule recommended by the Council and promulgated by the Board

regarding hazardous air pollutants and regulated substances shall only be by

adoption by reference offinal federal rules, and

b. shall include the federal early reduction program under Section 112(i) (5) of

the Federal Clean Air Act.

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 necessary to protect the public health or the 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

regulated by a final emission standard under Section 112(d) ofthe Federal Clean Air Act.

I. Such program shall consist ofpermanent rules establishing:

a. appropriate emission limitations, work practice standards, maximum

acceptable ambient concentrations or control technology standards

necessary for the protection ofthe public health or the environment, and

b. emissions monitoring or process monitoring requirements necessary to

assure compliance with the requirements ofthis section.
2. Paragraph 1 ofthis subsection shall not be construed as requiring readoption of existing

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 contaminant under 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 or pump 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 not be aggregated for any purpose under this 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 of one million (1,000,000)

if the Department determines that emissions of hazardous air pollutants from such wells present

more than a negligible risk of adverse effects to public health.

F. Nothing in this section shall be construed to limit authority established elsewhere in the

Oklahoma Clean Air Act.

Added by Laws 1992, c. 215, § 14, emerg. eff. May 15,1992. Amended by Laws 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 a permanent or

temporary injunction or other appropriate relief, or to require abatement of any emission or

correction of any contamination, or to seek and recover a civil penalty of not more than Ten

Thousand Dollars ($10,000.00) per day for each violation, or all of the above, in any of the

following instances:

1. Whenever any person has violated or is in violation of any applicable provision of the

Oklahoma Clean Air Act, or any rule promulgated thereunder;

2. Whenever any person has commenced construction, modification or operation of any

source, or operates any source in violation ofthe requirement to have a permit, or violates or is in

violation of any substantive provision or condition of any permit issued pursuant to the

Oklahoma Clean Air Act; or

3. Whenever any person has violated any order of the Department or the Councilor any

requirement to pay any fee, fine or penalty owed to the state pursuant to the Oklahoma Clean Air

Act. .

B. The district attorney or attorneys having jurisdiction shall have primary authority and

responsibility for prosecution of any 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 shall be entitled to recover reasonable costs of collection, including

attorney fees, and an appropriate fee of up to fifty percent (50%) for collecting delinquent fees,

penalties or fines.
Added by Laws 1992, c. 215, § 17, emerg. eff. May 15, 1992. Amended by 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. Short title.

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 of act.

As the Oklahoma Constitution recognizes and guarantees, all political power is inherent in

the people. Thus, it is the public policy ofthe State of Oklahoma 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 of privacy 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 in public records. The purpose ofthis act is to

ensure and facilitate the public's right of access to and review of government records 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 of establishing such records are protected by 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

by the Oklahoma Open Records 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 in this 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 of public officials, public bodies, or their representatives in

connection with the transaction of public business, the expenditure of public funds or the

administering ofpublic property. "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

connection with 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 qualified to contract with a public body,

e. any digital audio/video recordings of the 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 of Trustees of the 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

Department or the Quartz Mountain Arts and Conference Center and Nature

Park,

g. a Department of Defense 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 2-11 0 of Title 47 of the Oklahoma

Statutes,

(I) any record in connection with a Motor Vehicle Report issued by the

Department of Public 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

Department ofPublic Safety, or

(3) audio or video recordings ofthe Department ofPublic Safety;

2. "Public body" shall include, but not be 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 of public 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 mean judges, justices, the Council

on Judicial Complaints, the Legislature, or legislators;

3. "Public office" means the physical location where public bodies conduct business or

keep records;

4. "Public official" means any official or employee of any public body as defined herein;

and

5. "Law enforcement agency" means any public body charged with enforcing state or local

criminal laws and initiating criminal prosecutions, including, but not limited to, police

departments, county sheriffs, the Department of Public 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 repealed by Laws 2003, c. 3, § 43, emerg. eff. March 19, 2003.

§51-24A.4. Record of receipts 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 of the receipt and expenditure

of any public funds reflecting all financial and business transactions relating thereto, except that

such records may be disposed of as provided by law.

Added by Laws 1985, c. 355, § 4, eff. Nov. I, 1985.

§51-24A.5. Inspection, copying and/or mechanical reproduction of records - Exemptions.

All records of public bodies and public officials shall be open to any person for inspection,

copying, or mechanical reproduction during regular business hours; provided:

1. The Oklahoma Open Records Act, Sections 24A.I through 24A.28 ofthis title, does not

apply to records specifically required by law to be kept confidential including:

a. records protected by a state evidentiary privilege such as the attorney-client

privilege, the work product immunity from discovery and the identity of

informer privileges,

b. records of what transpired during meetings of a 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 of Medicolegal Investigations obtained

pursuant to Sections 940 and 941 of Title 63 ofthe Oklahoma Statutes that

may be hearsay, preliminary unsubstantiated investigation-related findings,

or confidential medical information.

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 and date of birth or whose driver

license number is not furnished by the requesting person.

The Oklahoma State Bureau of Investigation shall not be required to assemble for the requesting

person any criminal history records relating to persons whose names, dates of birth, and other

identifying information required by the Oklahoma State Bureau of Investigation pursuant to

administrative rule are not furnished by the requesting person.

3. Any request for a record which contains individual records of persons, 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, or portion thereofrequested as prescribed by
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) per page for records having the dimensions of eight and one-half (8 1/2) by fourteen (14)

inches or smaller, or a maximum of One 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 of the

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 of a record for trade or commercial purpose and charges for

providing copies of electronic data to the news media for a news purpose shall not exceed the

direct cost of making the copy. The fee charged by the Department of Public Safety for a copy

in a computerized format of a record of the Department shall not exceed the direct cost of

making the copy unless the fee for the record is otherwise set by law.

Any public 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 charged when the release ofrecords is in the 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 of the government are honestly, faithfully,

and competently performing their duties as public servants.

The fees shall not be used for the purpose of discouraging requests for information or as

obstacles to disclosure ofrequested information.

4. The land description tract index of all recorded instruments concerning real property

required to be kept by the county clerk of any county shall be available for inspection or copying

in accordance with the provisions of the Oklahoma Open Records Act; provided, however, the

index shall not be copied or mechanically reproduced for the purpose 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 of its records and to prevent

excessive disruptions ofits essential functions.

6. A public body shall designate certain persons who are authorized to release records of

the public body for inspection, copying, or mechanical reproduction. At least one person shall be

available at all times to release records during the regular business hours ofthe public 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 repealed by Laws 2006, c. 16, § 35, emerg. eIT. March 29, 2006.

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

Inspection, copying or mechanical reproduction of records.
A. If a public body or its office does not have regular business hours of at least thirty (30)

hours a week, the public body shall post and maintain a written notice at its principal office and

with the county clerk where the public body is located which notice shall:

1. Designate the days of the week when records are available for inspection, copying or

mechanical reproduction;

2. Set forth the name, mailing address, and telephone number of the 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 and the person authorized to release the records ofthe

public body may agree to inspection, copying, or mechanical reproduction on a day and at a time

other than that designated in the notice.

Added by 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 of personal 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 of certified public school employees; provided, however, that

nothing in this subsection shall be construed to exempt from disclosure the degree obtained and

the curriculum on the transcripts of certified public school employees.

B. All personnel records not specifically falling within the exceptions provided in

subsection A of this section shall be available for public inspection and copying including, but

not limited to, records of:

I. An employment application of a person who becomes a public official;

2. The gross receipts ofpublic funds;

3. The dates of employment, title or position; and

4. Any final disciplinary action resulting in loss of pay, suspension, demotion of position,

or termination.

C. Except as may otherwise be made confidential by statute, an employee of a public body

shall have a right of access to his own personnel file.

D. Public bodies shall keep confidential the home address, telephone numbers and social

security numbers of any person employed or formerly employed by 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 enforcement records - Disclosure.

A. Law enforcement agencies shall make available for public inspection, if kept, the

following records:

I. An arrestee description, including the name, date of birth, address, race, sex, physical

description, and occupation ofthe arrestee;
2. Facts concerning the arrest, including the cause of arrest and the name of the arresting

officer;

3. A chronological list of all incidents, including initial offense report informatioR

showing the offense, date, time, general location, officer, and a briefsummary 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 enforcement officer to arrest a particular person;

7. A crime summary, including an agency summary of crimes reported and public caHs for

service by classification or nature and number; and

8. Jail registers, including jail blotter data or jail booking information recorded on persons

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 ofthe prisoner, and the date or manner ofdischarge or escape ofthe prisoner.

B. Except for the records listed in subsection A of this 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 of an 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

administrative purposes.

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'

a manner to be determined by 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 of any peace officer;

2. As may be required to perform the duties imposed by Section 3311 of Title 70 of the

Oklahoma Statutes;

3. To provide to any peace officer copies of the records of that peace officer upon

submitting a written request;

4. To provide, upon written request, to any law enforcement agency conducting an official

investigation, copies ofthe records of any peace officer who is the subject ofsuch investigation;

5. To provide final orders of administrative proceedings where an adverse action was

taken against a peace officer; and

6. Pursuant to an order ofthe district court ofthe State of Oklahoma.

F. The Department 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 Department relating to:

a. training, lesson plans, teaching materials, tests, and test results,

b. policies, procedures, and operations, any of which are of a tactical nature,

and

c. the following information from radio logs:

(I) telephone numbers,

(2) addresses other than the location of incidents 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 of preventing identity theft and invasion of law enforcement computer

systems, except as provided in Title 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 repealed by Laws 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 of a public body prepared as an aid to memory or research

leading to the adoption of a public policy or the implementation of a public project.

Added by Laws 1985, c. 355, § 9, eff. Nov. 1, 1985.

§51-24A.I0. Voluntarily'supplied information - Records providing unfair competitive

advantage - Department of Commerce, Department of Career 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 of its 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 of this act, any information voluntarily supplied shall be subject to full disclosure

pursuant to this act.

B. If disclosure would give an unfair advantage to competitors or bidders, a public body

may keep confidential records relating to:

1. Bid specifications for competitive bidding prior to publication by the public body; or

2. Contents ofsealed bids prior to the opening ofbids by a public body; or

3. Computer programs or software but not data thereon; or
4. Appraisals relating to the sale or acquisition of real estate by a public body prior to

award of a contract; or

5. The prospective location of a 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 of Commerce, the Oklahoma·

Department of Career 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

development or customized training from such Departments 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 infonnation or records 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 of the

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 customer with 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 of the 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 shall not be a record for purposes 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. A public body may keep confidential library, archive, or museum materials donated to

the public body to the extent of any limitations imposed as a condition of the donation and any

infonnation which would reveal the identity of an individual who lawfully makes a donation to

or on behalf of a public 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. If library, 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 their quantity.

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 of the State of

Oklahoma and agency attorneys authorized by law, the office of the district attorney of any

county of the state, and the office of the municipal attorney of any municipality may keep its

litigation files and investigatory reports 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 of federal legislation may be kept confidential to the

extent required by 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 ofthe 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 exercising the right.

Added by Laws 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, may keep confidential crop and

livestock reports provided by farmers, ranchers, and agribusinesses to the extent the reports

individually identifY the providers.

B. The State Board of Agriculture is authorized to provide for the confidentiality of any

financial statement filed pursuant to Section 9-22 of Title 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 of the Commissioner of Agriculture, 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 of this section, public educational institutions and

their employees may keep confidential:

I. Individual student records;

2. Teacher lesson plans, tests and other teaching material; and

3. Personal communications concerning individual students.

B. If kept, 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 of attendance, 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 a parent to

inform the institution or agency that any or all of the information designated should not be

released without prior consent of the parent or guardian or the student if the student is eighteen

(18) years of age 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 of evaluating 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 of a misdemeanor, and shall be punished by a fine

not exceeding Five Hundred Dollars ($500.00) or by imprisomnent in the county jail for a period

not exceeding one (I) year, or by both such fine and imprisomnent.

B. Any person denied access to records of a public body or public official:

1. May bring a civil suit for declarative or injunctive relief, or both, but such civil suit

shall be limited to records requested and denied prior to filing ofthe civil snit; and

2. Ifsuccessful, shall be 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 under the Oklahoma Open Records 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 of this title, this act does not impose any

additional recordkeeping requirements on public bodies or public 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, a public body may keep confidential:

I. Any information related to research, the disclosure ofwhich could affect the conduct or

outcome of the research, the ability to patent or copyright the research, or any other proprietary

rights any entity may have in the research or the 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 about the research; and

2. The specific terms and conditions of any 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, if disclosed, 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 of the technology. However, institutions within The Oklahoma State System

of Higher Education shall:

a. report to the Oklahoma State Regents for Higher Education 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 of an equity interest by the institution in a private

business,

(4) the receipt ofroyalty or other income related to the sale of products,

processes, or ideas by the institution or a private business entity with

which the institution has established a financial arrangement,

(5) the gains or losses upon the sale or other disposition of equity

interests in private business entities, and

(6) any other information regarding technology transfer required by the

Oklahoma State Regents for Higher Education.

The reports required in subparagraphs a and b of this paragraph shall not be deemed

confidential and shall be subject to full disclosure pursuant to the Oklahoma Open Records Act.

Added by Laws 1988, c. 68, § 2, eff. Nov. I, 1988. Amended by 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 or public

official is using or has taken possession ofsuch records for investigatory purposes or has 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

thereof is available for public inspection and copying at another public body.

Added by 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 charged by a public body pursuant to the provisions ofparagraph 3 of·

Section 24A.5 of Title 51 ofthe Oklahoma Statutes shall not be charged when a state agency or

taxing entity located within the boundaries of any district created pursuant to the provisions of

the Local Development Act request a copy of the reports required by subsections A and B of

Section 18 ofthis act.

Added by Laws 1992, c. 342, § 21.

§51-24A.22. Public utilities - Confidential books, records and trade secrets.

A. The Corporation Commission shall keep confidential those records of a public utility,

its affiliates, suppliers and customers which the Commission determines are confidential books

and records or trade secrets.

B. As used in this section, "public utility" means any entity regulated by the Corporation

Commission, owning or operating for compensation in this state equipment or facilities for:

I. Producing, generating, transmitting, distributing, selling or furnishing electricity;

2. The conveyance, transmission, or reception of communication over a telephone system;

or

3. Transmitting directly or indirectly or distributing combustible hydrocarbon natural or

synthetic natural gas for sale to the public.

Added by Laws 1994, c. 315, § 12, eff. July 1,1994.

§51-24A.25. Order of court for removal of materials from public record.

Any order of the court for removal of materials from the public record shall require

compliance with the provisions of paragraphs 2 through 7 of subsection C of Section 3226 of

Title 12 ofthe Oklahoma Statutes.

Added by 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 through the operation ofthe

intergovernmental self-insurance pool.

Added by Laws 2000, c. 226, § 2, eff. Nov. 1,2000.

NOTE: Editorially renumbered from § 24A.25 ofthis title to avoid duplication in numbering.

§51-24A.27. Vulnerability assessments of critical 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 the public bodies function.

B. For purposes ofthis section:

1. "State environmental agencies" includes the':

a. Oklahoma Water Resources Board,

b. Oklahoma Corporation Commission,

c. State Department 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 or their lessees, trustees and receivers, owning

or operating for compensation in this state equipment or 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 sale to the public, or

d. the transportation, delivery or furnishing of water for domestic purposes or

for power.

Added by Laws 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 of State

Office of Administrative Rules
:.J.. " ."

""

Brad Henry, Governor

M. Susan Savage,

Secretary ofState

Peggy Coe, Managing Editor

THE OKLAHOMA REGISTER is an official publication ofthe State of Oklahoma It is published semi-monthly on

the first working day ofthe month and on the first working day following the 14th day ofthe month under the authority

. of75 0.8., Sections 250 et seq. and OAC 655:10-15-1. Thernles ofthe State of Oklahoma are codified and pUblished

in the OklahomaAdministrative Code.

The Oklahoma Register and the documents accepted for publication are AVAILABLE FOR PUBLIC INSPECTION

at the Office of Administrative Rules pursuant to the Oklahoma Open Records Act. Copies of the Register are also

available for public inspection at many County Clerks' offices in Oklahoma, the Jan Eric Cartwright Memorial Law

Library in the State Capitol, and the following depository libraries:

Ada -EastCentral University, Linscheid Library

Alva - Northwestern Oklahoma State University,

J.w. Martin Library

Bartlesville - Bartlesville Public Library

Clinton - Clinton Public Library

Durant- Southeastern Oklahoma State University, KG.

Bennett Memorial Library

Edmond - University ofCentra! Oklahoma, Chambers Library

Euid - PUblic Library ofEnid and GarfieldCounty

Goodwell- Oklahoma Panhandle State University

Lawtou -Lawton Public Library

McAlester -McAlester Public Library

Norman - University ofOklahoma, Bizzell Memorial

Library

Oklahoma City - Metropolitan Library System

Oklahoma City - OklahomaDepartment ofLibraries

Stillwater - Oklahoma State University, Edmon Low

Library

Tahlequah - Northeastern State University, John

Vaughan Library

Thlsa - TulsaCity-County Library System

Thlsa - University ofTulsa, McFarlin Library

Weatherford - Southwestern Oklahoma State

University, Al Harris Library

CITE MATERIAL PUBLISHED IN THE OKLAHOMA REGISTER by the volume and the beginning page

number ofthe document in the Register. For example: 25 OkReg 256.

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, individual printed issues may be purchased for $20.00 plus the

cost of postage, payable in advance. Make checks payahle to "Secretary of State." Send subscription requests, change

of address notices, and undelivered copies to: Secretary of State, Office of Administrative Rilles, P.O. Box 53390,

Oklahoma City, OK 73152-3390.

INFORMATION ABOUT TIDS PUBLICATION may be obtained by contacting the Oklahoma Secretary of State,

Office of Administrative Rules, 2401 North Lincoln Boillevard, 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 am.

to 5:00 p.m., Monday through Friday.

This publication is issued and printed by the Secretary of State as authorized by 75 O.S., Section 255. 70 copies have been prepared and

distributed at a cost of$399.35. Copies have been deposited with the Oklahoma Department ofLibraries. Publications Clearinghouse.

JSSN0030-1728
_-------Notices ofRulemaking Intent

Prior to adoption and gUbematorial/legislative review of a proposed PERMANENT rulemaking .action. an agency Ill.I.W pUblish

a Notice of Rulemaking Intentin the Regisfer. In addition. an agency lllllY.publish a Notice ofRulemaklng Intent Inthe Reglsferpnorto

adoption of a proposed EMERGENCY or PREEMPTIVE ruiemaking action. . .. .

A Notice of Rulemaking Intent announces a comment period, or a comment penod and pubhc heanng, and provl~es other

information about the intended rulemaking action as required by law. including where copies of proposed rules may be obtained.

For additionalinformation on Notices ofRutemaking Intent, see 75 O.S., Section 303.

TITLE 252. DEPARTMENT OF

ENVIRONMENTAL QUALITY

CHAPTER 100. AlRPOLLUTIONCONTROL

[OAR Docket #09-258]

RULEMAKING ACTION:

Notice ofproposed PERMANENT rulemaking

PROPOSED RULES:

Subchapter 15. Motor Vehicle Pollution Control Deviees

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. Liquefied petroleum gas [REVOKED]

Subchapter 17. Incinerators

Part 1. General Provisions

252:100-17-1. Purpose [AMENDED]

252:100-17-1.1. Reference to 40 CFR [AMENDED]

252:100-17-1.2. Terminology related to 40 CFR

[REVOKED]

Part 3. 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. Particulate matter [AMENDED]

252:100-17-5. Incinerator design requirements

[AMENDED]

252: I00-17-5.1. Alternative incinerator design

requirements [AMENDED]

252:100-17-7. Test methods [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

these rules.

The Department is proposing changes to several sections

ofOAC 252:100-17, Incinerators, to remove certain obsolete

language and clarify the 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 consistent with current federal standards.

AUTHORITY:

Environmental Quality Board and Air Quality Advisol)'

Council powers and duties, 27A O.S., §§ 2-2-101 and 2-2-201;

and Oklahoma Clean Air Act, 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 at least 5 business days prior to the Council

meeting, staffwill post written responses on the Department's

web page at least one (I) day prior to the Council meeting.

Copies ofthe written responses will be provided to the Council

and the public at that Council meeting. Oral comments may be

made at the April 15, 2009, hearing and at the August 25, 2009,

Environmental Quality Board meeting.

PUBLIC HEARINGS:

Before the Air Quality Advisol)' Council at 9:00 a.m. on

Wednesday, April 15, 2009, at the Tulsa Campus ofOklahoma

State University, 700 N. Greenwood, Tulsa, Oklahoma.

Before the Environmental Quality Board at 9:30 a.m. on

Tuesday, August 25, 2009, in Tulsa, Oklahoma.

These hearings shall also serve as public hearings to

receive comments on the proposed revisions to the State

Implementation Plan (SIP) under the requirements of40 C.F.R.

§ 51.102 ofthe EPA regulations and 27A O.S., § 2-5-107(6)(c).

REQUESTS FOR COMMENTS FROM BUSINESS

ENTITIES:

The Department requests that business entities or any other

members of the public affected by these rules provide the

Department, within the comment period, in dollar amounts

if possible, the increase in the level of direct costs such as

fees, and the indirect costs such as reporting, record keeping,

equipment, construction, labor, professional services, revenue

loss, or other costs expected to be incurred by a particular entity

due to compliance with the proposed rules.

COPIES OF PROPOSED RULES:

The proposed rules are available for review 30 days prior to

the hearing at the Air Quality Division of the 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 IMPACT STATEMENT:

Copies of the rule impact statement may be obtained by

contacting Chel)'IE. Bradley at (405) 702-4100.

March 16, 2009 627 Oklahoma Registu (VollOne 26, Number 13)
Notices ofRulemaking Intent

CONTACT PERSON:

Please send written comments on the proposed 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, Oklahoma 73101-1677, A1TN: Cheryl Bradley. The Air

Quality Division FAX number is (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 machine use only.

[OAR Docker #09-258;filed 2-20-09J

TITLE 265. STATE FIRE MARSHAL

COMMISSION

CHAPTER 25. ADOPTED NATIONAL

CODES AND STANDARDS

[OAR Docket #09-230]

RULEMAKING ACTION:

Notice of proposed PERMANENT 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.; State Fire Marshal Commission

COMMENT PERIOD:

Persons wishing to present their views orally or in writing

may do so before 10:00 a.m. on April 17, 2009, atthe following

address: Susie Cain, State Fire Marshal's Office, 2401 NW

23'd Street, Suite 4, Oklahoma City, OK 73107.

PUBLIC HEARING:

A public hearing will be held at 10:00 a.m. on Friday, April

17,2009, at the State Fire Marshal's Office, 2401 NW 23'd

Street, Suite 4, Oklahoma City, OK 73107.

REQUESTS FOR COMMENTS FROM BUSINESS

ENTITIES:

N/A

COPIES OF PROPOSED RULES:

Copies ofthe proposed rules may be obtained from the State

Fire Marshal's Office, 2401 NW 23 '" Street, Suite 4, 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

at the above address beginning March I, 2009.

CONTACT PERSON:

Susie Cain, Exeeutive Secretary to the State Fire Marshal,

(405) 522.5009.

[OAR Docket #09-230;filed 2-17-09J

TITLE 265. STATE FIRE MARSHAL

COMMISSION

CHAPTER 40. FIRESAFETYSTANDARDS

FOR CIGARETTES

[OAR Docket #09-231]

RULEMAKING ACTION:

Notiee of proposed PERMANENT 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 of certification, marking of cigarette packaging,

penalties, federal fire safety standards and notification of

the State Fire Marshal's Office as set forth in the Fire Safety

Standard and Firefighter Protection Act.

AUTHORITY:

74 O.S. § 324.11.; State Fire Marshal Commission

COMMENT PERIOD:

Persons wishing to present their views orally or in writing

may do so before 10:00 a.m. on April 17, 2009, atthe following

address: Susie Cain, State Fire Marshal's Office, 2401 NW

23,d Street, Suite 4, Oklahoma City, OK 73107.

PUBLIC HEARING:

A public hearing will be held at 10:00 a.m. on Friday, April

17,2009, at the State Fire Marshal's Office, 2401 NW 23'"

Street, Suite 4, Oklahoma City, OK 73107.

REQUESTS FOR COMMENTS FROM BUSINESS

ENTITIES:

N/A

COPIES OF PROPOSED RULES:

Copies ofthe proposed rules may be obtained from the State

Fire Marshal's Office, 2401 NW 23'd Street, Suite 4, Oklahoma

City, OK 73107.

Oklahoma Register (Volume 26, Number 13) 628 March 16, 2009
REGULAR MEETINGIHEARING 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- Myrna Bruce

3. Approval of Minutes - January 21, 2009 Regular Meeting

4. Public Rulemaking Hearings

A. OAC 252:100-15. Motor Vehicle Pollution Control Devices [REVOKED]

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 these rules.

I. Presentation - Leon Ashford, 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 action by the Council, which may include a roll 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 clarify the remaining provisions.

I. Presentation - Max Price, Envirorunental Programs Specialist, DEQ Air Quality

Division

2. Questions and discussion by the Council

3. Questions, comments and discussion by the public

4. Discussion and action by the Council, which may include a roll call vote on

pennanentadoption

C. Appendix E. Primary Ambient Air Quality Standards [REVOKED]

Appendix E. Primary Ambient Air Quality Standards [NEW]

Appendix F. Secondary Ambient Air Quality Standards [REVOKED]

Appendix F. Secondary Ambient Air Quality Standards [NEW]

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

consistent with current federal 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 action by the Council, which may include a roll call vote on

permanent adoption

5. Presentation - Update on SC 31, Control of Emission of Sulfur Compounds - Max Price,

Environmental Programs Specialist, DEQ Air Quality Division

6. Presentation - 2009 Ozone Season - Scott Thomas, Environmental Programs Manager, DEQ

Air Quality Division

7. Division Director's Report - Eddie Terrill

8. New Business - Any matter not known about or which could not have been reasonably foreseen

prior to the time of posting the agenda.

9. Adjournment - The next regular meeting is proposed for Wednesday, July 15,2009 in

Oklahoma City.

Lunch break if necessary

Should you have a disability and need an acconnnodation, please notify the DEQ Air Quality Division three days in advance at

405-702-4216. Hearing impaired persons may call the text telephone (TOO) Relay Number 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

ORIGINAL
Page 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_91

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 ilie public?

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 of the proposed rule changes was published in

4 the Oklahoma Register on March 16, 2009, requesting comments

5 from members of the 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 Staff requests that the Council vote to send the

9 proposal to the Environmental Quality Board with the

10 recommendation ,that it be 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 of monitoring somces and

16 whether that monitoring should occm at half ton 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 of Oklahoma, 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 of ilie new lead standard.

5 MR. CLARK: Do you know whether .- do we have

6 any somces between a half a ton and a ton?

7 MS. BRADLEY: Let me 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 of more

10 interest to the source and to the public. I don't believe we

11 have many sow'ces in that range. Most of tl1eJ.n are below the

12 400 Or 500 pounds that was in the original proposal. As to

13 what tllose specific sources are, today I'm unprepared to tell

14 you exactly what they WeJ.'e, but we bad a VeJ.y short list. Most

15 of the industries that were emitters of lead no longer .- many

16 of tbose have gone out of business. 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 Ambient Air Quality

G Standards, and Appendix F, Secondary Ambient Air Quality

7 Standards. Ms. Diana Hinson of staff will give the

8 presentation.

9 MS. HINSON: Good morning, Madam Chair, MembeJ.·s

10 of the Council, ladies and gentlemen.

11 I am Diana Hinson, an Enviromnental Programs

12 Specialist in the Rules and Planning Section of the Air Quality

13 Division.

14 In November of 2008, the EPA published a new standard

15 for lead, changing the value from 1.50 to OJ5 micrograms per

1G cubic meter.

17 Additionally, the fonn of the 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 At this time, staff would 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 5
13 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 of today'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 li57 2@([jJ9!

._~~OlbT.n!om<n[l2] 1:2,12 1 -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] 4:4I

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 Page2
1\.

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 call the 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: Pete White.

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 of the 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: Pete White.

16 MR. WHITE: Yes.

17 MS. BRUCE: Laura Lodes.

18 MS. LODES: Yes.

19 MS. BRUCE: Motion passed.

20 MS. LODES: Wi1h that we'll start the pnblic

21 hearing portion of the meeting.

22 MS. BOTCHLET'SMITH: Good morning. I'm Beverly

23 Bolchlet·Smith, I'm the Assistant Director of the Air Qnality

2::l Division. As such, I'll serve ns the Protocol Officer for

25 today's bearings.

1 The bearings will be convened by the Air Qnality

2 Council in compliance with the Oklahoma Administrative

3 Procedures Act and Title 40 of the Code of Federal Regulations,

4 Part 51, as well as the an1hority of Title 27A of the Oklahoma

5 Statutes, Section 2-2-201, Sections 2-5-101 through 2-5'118.

6 Notice of the April 15, 2009 hearings were advertised

7 in the Oklahomn Register for the purpose of receiving 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 1he Oklahoma Rl:gister fillog. Notice of the 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 6t lhe DEQ.

14 If you wis~ to make 8 statement:, it is very impOltant

15 that you comp1flte the fDlm at the registration table aod you

16 will be cnl1ed upoo at the appropri6te time.

17 Audier>ce members, please remember to come to the

18 podium for your comments aod please 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 of the 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 corrunent indication, 1 need a motion.

MS. MYERS: I'll make a motion that we follow

the Agency guidelines and adopt the 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 of years 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 it to 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 'if we have

11 to do a SIP provision relative to the new NAAQS, l1len we'll

12 roll all of this into whatevea' we send down.

13 This is p611 of our intitial start into the second

14 rewriteldewrong, for those of you have boon around a while, if

15 you remember, we went tlrrough there and cleaned up our rules

16 and got rid of redundancy and things that were no longer

17 applicable and tried to 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 of keeping something in our rules that we don't have any

21 jurisdiction over.

22 MS. BOTCHLET-SMITH: Anyone else Oll the Coullcil

23 have a question?

24 1didn't receive any notice of anyone 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 staff requests

4 that the Council recommend 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 of tlus rule?

9 MR. ASHFORD: EPA only requires that to remove

10 it from the SIP we have to get equal or greater reductions than

II what we had from the subchapter. But my 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 comment that they gave -- in

20 reality -- since it's not enforceable, it's an appendix

21 basically. It's something that in 1968 it was put on the

22 books, and they thought it would be a good idea and appaICntly

23 someone didn't really do their bomework and figure out that the

24 Department of Public Safety is the only entity that can enforce

25 those mles in the state of Oklahoma.

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

Page 6

1 ladies and gentlemen, and members of the 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 of Oldahoma, the Oklahoma Department of Public Safely has the

5 sole power to regulate motor vehicles. The current SUbchapter

6 15 is a paIiial duplication of the 1990 Federal Clean Air Act,

7 so revocation of tlns role does not change the prohibition of

8 removal, discmmection andJor disabling the emission contml

9 equipment on motor vehicles in the state of Oklahoma.

10 Staff requests that the Council recollunend tllis

11 proposal for passage.

12 One COlmnent received, 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 of Subchapter 15 from our SIP will require a

16 demonst1:ation of emission 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 uot enforceable 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 9
Pfige 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

AQ<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

Oll3 HJ [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 enforce [2) 6:37:24 -N- 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 1
C!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 restate i'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

5:1 VICE-CHAIR[lJ 2:6 Secretary[l) 5:11

questions [IJ 7:6 Section [IJ 5:5

quorum [IJ 3:21 -w- 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 .:56c~ . ~1!4.fU\h. 'f!!:.P

9~pll,'l.>

j) fb cJ. re,..." '"IV'" ,.. No." s

"

• ~"""""=-+,,--'-------=---=~--'--"'--"------C-=__----<-J"--=-'''----__ _
Vo1ume27

Number 17

May 17,2010

Pages 1073 - 1338

RECEIVED

MAY 13 2010

DEQLEGAL

e

01lla

Re ...ister

Oklahoma

S~cretary of State

Office of Administrative Rules
Brad Henry, Governor

M. Susan Savage,

Secretary oeState

Peggy Coe, Managing Editor

THE OKLAHOMA REGISTER is an official publication ofthe State of Oklahoma. It is published semi-monthly on

the first working day ofthe month and on the first working day following the 14th day ofthe month under the authority

of75 O.S., Sections 250 et seq. and OAC 655: 10-15-1. The rules ofthe State ofOklahoma are codified and published

in the Oklahoma Administrative Code.

The Oklahpma Register and the documents accepted for publication are AVAILABLE FOR PUBLIC INSPECTION

at the Office of Administrative 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 in the State Capitol, and the following depository libraries:

Ada - East Central University, Linscheid Library

Alva - Northwestern Oklahoma State University,

J.W. Martin Library

Bartlesville - Bartlesville Public Library

Clinton - Clinton Public Library

Durant - Southeastern Oklahoma State University, H.G.

BennettMemorial Library

Edmond - University ofCentraI Oklahoma, Chambers Library

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Library

Tahlequah -Northeastern State University, John

Vaughan Library

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CITE MATERIAL PUBLISHED IN THE OKLAHOMA REGISTER by the volume and the beginning page

number ofthe document in the Register. For example: 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, individual printed issues may be purchased for $20.00 plus the

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Tbis publication is issued and printed by the Secretary of State as authorized by 75 a.s., Section 255. 68 copies have been prepared and

distributed at a cost of$837.26. Copies have been deposited with the Oklahoma Department ofLihraries, Publications Clearinghouse.

ISSN0030-1728
Permanent Final Adoptions

TITLE 252. DEPARTMENT OF

ENVIRONMENTAL QUALITY

CHAPTER 20. EMERGENCY PLANNING

AND COMMUNITY RIGHT-TO-KNOW

[OAR Docket #10-670J

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

252:20-1-3 [AMENDED]

AUTHORITY:

Environmental Quality Board powers and duties: 27A O.S. §§ 2-2-101 and

4-2-102

DATES:

Comment period:

October 15 through November 16, 2009

Pnblic bearing:

November 19, 2009

Adoption:

November 19, 2009

Submitted to Governor:

November 30, 2009

Submitted to House:

November 30, 2009

Submitted to Sf:Date:

November 30, 2009

Gubernatorial approval:

I)ecernbcr29,2009

Legislative approval:

Failure of the 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 to 40 C.ER. changed to July 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 4:30 p.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

amendment by changing the date from 2004 to 2009.

Tbe Tier 1and Tier II forms and their instructions have been removed from

the code offederal regulations (CFR). They may now be found on EPA's Web

site: www.epa.gov/emergencies. The revised regulation includes a description

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 Tier II form. Also, the chemical or common 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 ofthat EHS present in the pure form as well as in any mixture, even if

any mixture including the EHS is also being reported as a hazardous chemical.

For hazardous chemicals that are mixtures and do not contain any

extremely hazardous substance, facilities have an option when determining

whether the threshold quantity is present: (1) add together the quantity present

;n its pure form 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.

CONTACT PERSON:

Monty Elder, Customer Services Division, Department of Environmental

Quality, p.o. Box 1677, Oklahoma City, OK 73101-1677, e~mail at

monty.elder@deq.ok.gov, phone 405·702-1000, or fax 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

OF JULY 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) Part 355 (Emergency Planning and Notification);

(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 of 40 CFR incorporated by reference, the term "Commission" shall mean the

Department.

(d) References incorporated. Incorporation by reference

ofa provision ofthe Code ofFederal Regulations also incorporates an citations and definitions contained therein.

(e) Penalties. Penalties cited in 40 CFR an; subject to limitations under Oklahoma law.

[OAR Docket #10-670;filed 4-23-10J

TITLE 252. DEPARTMENT OF

ENVIRONMENTAL QUALITY

CHAPTER100. AIR POLLUTIONCONTROL

[OAR Docket #10-671J

RULEMAKING ACTION:

Permanent Final Adoption

RULES:

Subehapter 15. Motor Vehicle Pollution Control Devices [REVOKED]

252:IOO-15-llhrough 252:100-15-6 [REVOKED]

Appendix E. Primary Ambient Air Quality Standards [REVOKED]

Appendix E. Primary Ambient Air Quality Standards [NEW]

Appendix F. Secondary Ambient Air Quality Standards [REVOKED]

Appendix F. Secondary Ambient Air Quality Standards [NEW]

AUrnORITY:

Environmental Quality Board; 27A O.S. §§ 2-2-101 and 2-2-201; and

OklahomaClean Air Act, 27A O.S. §2-5-IOI etseq.

DATES:

Comment period:

March 15,2009 through April 15, 2009

August 24, 2009

Public bearing:

April 15, 2009

August 24, 2009

Adoption:

Augu~ 24, 2009 (proposed)

Oklahoma Register(VoJume 27, Number 17) 1166 May 17,2010
Submitted to Governor:

August 31, 2009

Submitted to House:

August 31, 2009

Submitted to Senate:

August 31, 2009

Guber-aatorial approval:

October 2, 2009

Legislative approval:

Failure of the 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 BY REFERENCE:

N/A

ANALYSIS:

The Oklahoma Department ofEnvironmental Quality (DEQ) is proposing

to revoke OAC 252:100-15, Motor Vehicle PoUution Control Devices because

DEQ does not currently have the legal authority to enforce these rules.

CONUCT PERSON:

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

OF JULY 1, 2010:

SUBCHAPTER 15. MOTOR VEHICLE

POLLUTION CONTROL DEVICES [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[matar vehiales 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.

"Exhaust emissioB seDtrDl S3'stem" means a system, de

viee, SF engine Rieaifieatiea desigeea anEl installed itt slisR a

mar..ner as .8 rea1::lS8 af I3FEweat the emissisa t8 tHe atmesph8re

af air pallutallt gases, '.'apars, aAa partiaulat. matter releasea

fram the ",atar vehiel••HgiHe thraugh the .,<R....st mBllifala

""a tailpip e.

Permanent Final Adoptions

"Matar "elliel,," me""s a self prapellea, wheel.a vehiele

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

aesignea ta .aAlfal ar pr""eHl air pallutiaA emissiaHs fra", ma

ter v8hieles.

"N~! vehiele" meaRS a meter vahiale whish is intRa pes

sassieR efperS8ftS ia tfie GHar-.J1ats sf eemmefS8 ift stish a man

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 aesigned and installed in sueh amamler as to }3revem: or re

duee the release er emissian te tHe outside atmas}3here efgases

and/sr vQ}3ers }3raehieea SF atheF'lNise }3resest ift the eraaleease

afthe engme af a 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 af feaeral

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

""a mles, Har shall IlftOl'.hiHg iR this Suaell"!'ter ae eaAstruea ta

re'lllire tile irlstallatiaA af matar 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 }3ersBn shall aaase, suffer, allew, ar ~eHflit the remaval,

diseeooeetiB8, anGIer disaeling afa }3esitive eranlEease veatila

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 af IlftOl' su.h matar

,,,,aiele palMiaH .aAlfala""iee hy irlstalliAg therem er thereta

""y pHJ1 ar eempeneAt whi"" is Hat Bll autheHlie repleaem...t

part sr eemp8HeHt sfthe £Ieviee.

252:100-15-5, Maintenance, repair, or testing

[REVOKED]

Per the pU£Fsse efrautiae maiateaanee, repair, sr testing

sfthe meter vehiele, its eempsR:eBts, er tAe metsr veRiele pel

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:.yise reReeree

iRaperahle.

252:100-15-6, Liquified petroleum gas [REVOKED]

0fleratisn sf a meter vehiele sr its entiRe whieh aSBS tiEl

ueliea petreleum gas as fuel is herehy e.oomptea frem prayi

siaAs afthis Suaeh"!'ter.

MayJ7,2010 1167 Oklahoma Register (Volume 27, Number 17)
Permanent Final Adoptions

APPENDIX E. PRIMARY AMBIENT AIR QUALITY STANDARDS [REVOKED]

APPENDIX E. PRIMARY AMBIENT AIR QUALITY STANDARDS [NEW]

Sulfur Carbon Nitrogen

Dioxide PM-10 PM 2.5 Monoxide Ozone Dioxide Lead

40 mg/m 3

1-hr. max (2)35 ppm

10 mg/m 3

8-hr. max (~9 ppm (4) 0.075 ppm

365 ug/m'

24-hr. max ,~0.14 ppm (1) 150 ug/m 3 (') 35 ug/m 3

Roiling 3-

month

average ") 0.15 ug/m3

80 ug/m 3 100 uglm'

Annual (1)0.030 ppm (S) 15 ug/m 3 (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.

Oklahoma Register (Volume 27, Nwnber J7) 1168 May 17, 2010
Permanent Final Adoptions

APPENDIX F. SECONDARY AMBIENT AIR QUALITY STANDARDS [REVOKED]

APPENDIX F. SECONDARY AMBIENT AIR QUALITY STANDARDS [NEW]

Sulfur (6)Carbon Nitrogen

Dioxide 16)PM-10 PM 2.5 Monoxide Ozone Dioxide Lead

1~hr. max

1300 ug/m 3

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/m 3

Annual (~ 15 ug/m3 (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 of the 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;filed 4-23-1OJ

May 17, 2010 1169 Oklahoma Register (Volume 27, Nwnber 17)
( (

I (

TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

EXECUTIVE SUMMARY

APPENDIX E. PRIMARY AMBIENT AIR QUALITY STANDARDS

APPENDIX F. SECONDARY AMBIENT AIR QUALITY STANDARDS

Before the Air Quality Advisory Council on April 15, 2009. Before the Environmental Quality

Board on 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:

Not required because these rules are not more stringent than corresponding federal rules.

SUMMARY OF COMMENTS AND RESPONSES:

COMMENT:

EPA Region VI supports this action.

RESPONSE:

None required.
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

Oklahoma Department ofEnvironmental Quality

p.O. Box 1677

Oklahoma City, OK 73101-1677

Dear Ms. Bradley:

Thank you for the opportunity to comment on the proposed revisions to Oklahoma's Air

Pollution Control Rules, Oklahoma Administrative Code 252:I 00, as listed below:

Subchapter IS

Subchapter 17

AppendixE

AppendixF

Subchapter 15

Motor Vehicle Pollution Control Devices

Incinerators

Primary Ambient Air Quality Standards

Secondary Ambient Air Quality Standards

The Oklahoma Department ofEnvironmental Quality (DEQ) is proposing to revoke

Subchapter IS in its entirety. Wheri the DEQ is ready to submit this as a revision to the

Oklahoma State Implementation Plan (SIP), the SIP revision must include a demonstration that

the emissions reductions from Subchapter 15 have been replaced by equal or greater emissions

reductions or that Subchapter 15 did not contribute toward attainment in any ofthe former

nonattainment areas in Oklahoma.

Subchapter 17

We are concerned that the revision to section 252: 100-17-5, titled "Incinemtor design

requirements," does not address residence time. We have discussed this briefly with your staff

and would be happy to discuss further. We concur with the other revisions to this subchapter.

Appendices E and F

We concur with the revisions to Appendices E and F, which are consistent with the

2008 National Ambient Air Quality Standards for lead.

Recycled/Recyclable. Prlntad With Vegetable Oil Based Inks on 100% Recycled Paper (40% Pestconsumer)
We appreciate the opportunity to review mld comment on the proposed rules prior to the

public hearing on April 15, 2009. If you have questions regarding any ofthese comments, please

feel free to contact me at (214) 665-7242, or CmTie Paige at (214) 665-6521.

Sincerely youi's,

;;;/~. Guy R. ~dson p

Chief

Air Plmming Section

Enclosure

cc: Mr. Leon Ashford

Oklahoma Department ofEnvironmental Quality

Ms. Diana Hinson

Oklahoma Department ofEnvironmental Quality

Mr. Max Price

Oklahoma Department ofEnvironmental Quality