reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 5 - Rulemaking › Section 252:4-5-7 - Presentation to Board

Current through Vol. 41, No. 20, July 1, 2024
(a)
Compliance with APA.
When proposed rules are presented to the
				Board, the DEQ shall indicate the rulemaking procedures which have been
				followed.
(b)
Board
				packets.
The DEQ shall prepare a board packet consisting of the text of
				proposed rules, an executive summary, a rule impact statement, an economic
				impact/environmental benefit statement (if applicable), a summary of comments
				received on proposed rules at rulemaking hearings and during written comment
				periods, the Council's recommendations and a summary of pertinent Council
				meeting minutes (if applicable). The Board packets shall be sent to members
				with the proposed agenda of the Board meeting at which rules are to be
				considered. Board packets for emergency rules may vary.
Added at 18 Ok Reg 1922,
				  eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 5 - Rulemaking › Section 252:4-5-8 - Board actions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Referral.
The Board may refer any rulemaking matter to the DEQ or
				an appropriate Council for review, comment or recommendation.
(b)
Proposed permanent rules.
The Board will not consider proposed permanent rules for adoption without the
				appropriate Council's recommendation except those rules for which no council
				has jurisdiction.
(c)
Proposed emergency rules.
The Board may adopt emergency rules
				without the advice of a Council in accordance with 27A O.S. §
				2-2-101.
(d)
Final language
				of rules.
The rules adopted or repealed by the Board may vary from the
				Council recommendation except for rules recommended by the Air Quality Council.
				(See further, Oklahoma Clean Air Act at 27A O.S. § 2-5-106.)
(e)
Remand.
The Board may remand
				a Council's rulemaking recommendation for reconsideration.
(f)
Notice to Council.
The DEQ
				shall provide each Council with copies of emergency rules adopted by the Board
				without the Council's recommendation and of any rules adopted by the Board
				which vary from that Council's recommendation.
Added at 18 Ok Reg 1922,
				  eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 5 - Rulemaking › Section 252:4-5-9 - Rulemaking record

Current through Vol. 41, No. 20, July 1, 2024
The DEQ shall maintain a rulemaking record on all rules
				  adopted or revoked by the Board.
Added at 18 Ok Reg 1922,
				  eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 1 - THE PROCESS › Section 252:4-7-1 - Authority

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Subchapter implement the Oklahoma Uniform
					 Environmental Permitting Act, 27A O.S. § 2-14-101
et
					 seq.
, and apply to applicants for and holders of DEQ permits and other
					 authorizations.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 1 - THE PROCESS › Section 252:4-7-2 - Preamble

Current through Vol. 41, No. 20, July 1, 2024
The Uniform Environmental Permitting Act requires that DEQ
					 licenses, permits, certificates, approvals and registrations fit into an
					 application category, or Tier, established under the uniform environmental
					 permitting rules. Tier I is the category for those things that are basically
					 administrative decisions which can be made by a technical supervisor with no
					 public participation except for the landowner. Tier II is the category for
					 those permit applications that have some public participation (notice to the
					 public, the opportunity for a public meeting and public comment), and the
					 administrative decision is made by the Division Director. Tier III is the
					 category for those permit applications that have extensive public participation
					 (notice to the public, the opportunity for a public meeting and public comment,
					 and the opportunity for an administrative evidentiary hearing), and the
					 administrative decision is made by the Executive Director.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 1 - THE PROCESS › Section 252:4-7-3 - Compliance

Current through Vol. 41, No. 20, July 1, 2024
Applicants and permittees are subject to the laws and rules
					 of the DEQ as they exist on the date of filing an application and afterwards as
					 changed.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 1 - THE PROCESS › Section 252:4-7-4 - Filing an application

Current through Vol. 41, No. 20, July 1, 2024
(a)
Tier
				  I.
The applicant shall file (2) copies of a Tier I application unless
				  the application form or instructions specifies that only one (1) copy is
				  needed. Applicants seeking permits for alternative individual on-site sewage
				  disposal systems and alternative small public on-site sewage disposal systems
				  (OAC 252:641) shall file one copy with the local DEQ office for the county in
				  which the real property is located.
(b)
Tier II & III.
The
				  applicant shall file three (3) copies of Tier II and Tier III applications with
				  the DEQ and place one (1) copy for public review in the county in which the
				  site, facility or activity is located.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 1 - THE PROCESS › Section 252:4-7-5 - Fees and fee refunds

Current through Vol. 41, No. 20, July 1, 2024
(a) Fees shall be
				  submitted with the application in the appropriate amount and will not be
				  refunded except in the following situations:
(1) An applicant has made an overpayment and
				  requests a refund in writing to the relevant DEQ division within thirty (30)
				  days of receiving notice of the close of DEQ's administrative completeness
				  review; or
(2) DEQ has failed to
				  meet a permit review deadline as provided in OAC
				  252:4-7-12(2),
				  and provided the failure was within DEQ's control; or
(3) DEQ has voided an application as provided
				  in OAC
				  252:4-7-14(b),
				  and, within thirty (30) days of receiving notice of the voided application, the
				  applicant is able to demonstrate to the satisfaction of DEQ that the
				  application fee should not be forfeited.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 1 - THE PROCESS › Section 252:4-7-6 - Receipt of applications

Current through Vol. 41, No. 20, July 1, 2024
When an application and appropriate fee are received, each
					 program shall:
(1) file stamp the
				  application with the date of receipt, the Division and/or program name and an
				  identification number;
(2) assign
				  the application to a permit reviewer; and
(3) enter this information in a database or
				  log book.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 1 - THE PROCESS › Section 252:4-7-7 - Administrative completeness review

Current through Vol. 41, No. 20, July 1, 2024
The reviewer shall have 60 calendar days from the
					 file-stamped date of filing to determine if the application is administratively
					 complete.
(1)
Not
				  complete.
If the reviewer decides that the application is not complete,
				  he/she shall immediately notify the applicant by mail, describing with
				  reasonable specificity the deficiencies and requesting supplemental
				  information. The reviewer may continue to ask for specific information until
				  the application is administratively complete. If the reviewer does not notify
				  the applicant of deficiencies, the period for technical review shall begin at
				  the close of the administrative completeness review period.
(2)
Complete.
When the
				  application is administratively complete, the reviewer shall enter the date in
				  the database or log book and immediately notify the applicant by mail. The
				  period for technical review begins.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 1 - THE PROCESS › Section 252:4-7-8 - Technical review

Current through Vol. 41, No. 20, July 1, 2024
(a) Each program
				  shall have the time period specified in Parts 3 through 5 of this Subchapter to
				  review each application for technical compliance with the relevant rules and to
				  reach a final determination. If the data in the application does not
				  technically comply with the relevant rules or law, the reviewer may notify the
				  applicant by mail, describing with reasonable specificity the deficiencies and
				  requesting supplemental information.
(b) Any environmental permit that is not
				  described in this Subchapter shall be reviewed with all due and reasonable
				  speed.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 1 - THE PROCESS › Section 252:4-7-9 - When review times stop

Current through Vol. 41, No. 20, July 1, 2024
The time period for review stops during:
(1) litigation;
(2) public review and participation,
				  including waiting periods, comment periods, public meetings, administrative
				  hearings, DEQ preparation of response to comments and/or review by state or
				  federal agencies;
(3) requests for
				  supplemental information; and
(4)
				  the time in which an applicant amends his/her application of his/her own
				  accord.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 1 - THE PROCESS › Section 252:4-7-10 - Supplemental time

Current through Vol. 41, No. 20, July 1, 2024
The Notice of Deficiencies and request for supplemental
					 information may state that up to 30 additional calendar days may be added to
					 the application processing time. Requests for supplemental information may also
					 state that additional days for technical review equal to the number of days the
					 applicant used to respond may be added to the review time.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 1 - THE PROCESS › Section 252:4-7-11 - Extensions

Current through Vol. 41, No. 20, July 1, 2024
Extensions to the time lines of this Subchapter shall only
					 be made by agreement or when the Executive Director certifies that
					 circumstances outside the DEQ's control, including acts of God, a substantial
					 and unexpected increase in the number of applications filed, or additional
					 review duties imposed on the DEQ from an outside source, prevent the reviewer
					 from meeting the time periods.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 1 - THE PROCESS › Section 252:4-7-12 - Failure to meet deadline

Current through Vol. 41, No. 20, July 1, 2024
Where failure to meet a deadline is imminent, then:
(1) At least thirty (30) calendar days prior
				  to the deadline the DEQ shall reassign staff and/or retain outside consultants
				  to meet such deadline; or
(2) The
				  applicant may agree to an extension of time for a specific purpose and period
				  of time with refund of the entire application fee, unless a refund is
				  prohibited by law.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 1 - THE PROCESS › Section 252:4-7-13 - Notices

Current through Vol. 41, No. 20, July 1, 2024
(a)
Statutory requirements for
				  notice.
The Uniform Environmental Permitting Act requires an applicant
				  to give notice in accordance with 27A O.S. § 2-14-301.
(b)
Notice to landowner.
Applicants shall certify by affidavit that they own the real property, have a
				  current lease or easement which is given to accomplish the permitted purpose or
				  have provided legal notice to the landowner.
(c)
Notice content.
The
				  applicant shall provide DEQ with a draft notice for approval prior to
				  publication. All published legal notice(s) shall contain the:
(1) Name and address of the applicant;
(2) Name, address and legal
				  description of the site, facility and/or activity;
(3) Purpose of notice;
(4) Type of permit or permit action being
				  sought;
(5) Description of
				  activities to be regulated;
(6)
				  Locations where the application may be reviewed;
(7) Names, addresses and telephone numbers of
				  contact persons for the DEQ and for the applicant;
(8) Description of public participation
				  opportunities and time period for comment and requests; and
(9) Any other information required by DEQ
				  rules.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 1 - THE PROCESS › Section 252:4-7-14 - Withdrawing applications

Current through Vol. 41, No. 20, July 1, 2024
(a)
By
				  applicant.
An applicant may withdraw an application at any time with
				  written notice to the DEQ and forfeiture of fees.
(b)
By DEQ.
Except for good
				  cause shown, when an applicant fails to supplement an application within 180
				  days after the mailing date of a Notice of Deficiencies, or by an agreed date,
				  the DEQ shall void the application. The DEQ shall notify the applicant of an
				  opportunity to show cause why this should not occur.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 1 - THE PROCESS › Section 252:4-7-15 - Permit issuance or denial

Current through Vol. 41, No. 20, July 1, 2024
(a)
Compliance required.
A new, modified or renewed permit or other
				  authorization sought by the applicant shall not be issued until the DEQ has
				  determined the application is in substantial compliance with applicable
				  requirements of the Code and DEQ rules.
(b)
Conditions for issuance.
The
				  Department may not issue a new, modified or renewed permit or other
				  authorization sought by the applicant if:
(1)
				  The applicant has not paid all monies owed to the DEQ or is not in substantial
				  compliance with the Code, DEQ rules and the terms of any existing DEQ permits
				  and orders. The DEQ may impose special conditions on the applicant to assure
				  compliance and/or a separate schedule which the DEQ considers necessary to
				  achieve required compliance; or
(2)
				  Material facts were misrepresented or omitted from the application and the
				  applicant knew or should have known of such misrepresentation or
				  omission.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 1 - THE PROCESS › Section 252:4-7-16 - Tier II and III modifications

Current through Vol. 41, No. 20, July 1, 2024
For Tier II and III permit modification actions, only those
					 issues relevant to the modification(s) shall be reopened for public review and
					 comment.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 1 - THE PROCESS › Section 252:4-7-17 - Permit decision-making authority

Current through Vol. 41, No. 20, July 1, 2024
(a)
Designated positions.
The Executive Director may delegate in
				  writing the power and duty to issue, renew, amend, modify and deny permits and
				  take other authorization or registration action. Unless delegated to a Division
				  Director by formal assignment or rule, the authority to act on Tier I
				  applications shall be delegated to positions within each permitting program
				  having technical supervisory responsibilities and, for local actions authorized
				  by law, to environmental specialist positions held by the DEQ's local services
				  representatives. The authority to act on emergency permits or Tier II
				  applications shall be delegated to the Division Director of the applicable
				  permitting division.
(b)
Revision.
The Executive Director may amend any delegation in
				  writing.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 1 - THE PROCESS › Section 252:4-7-18 - Pre-issuance permit review and correction

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicant review.
The DEQ
				  may offer an applicant the opportunity to review its permit for calculation and
				  clerical errors or mistakes of fact or law beforea draft permit is
				  issued.
(b)
Correction.
The DEQ may correct any permit before it is issued.
				  Additionally, the DEQ may meet with any applicant to assess the applicant's
				  request for significant corrections or changes in fact or law before a permit
				  is issued.
(c)
Notice of
				  significant corrections.
For permits based on Tier II and III
				  applications, an applicant shall publish or re-publish legal notice in one
				  newspaper local to the site of any correction or change proposed by the DEQ
				  which significantly alters a facility's permitted size, capacity or limits.
(1)
Comments.
The DEQ may open a
				  public comment period and/or reconvene a public meeting and/or administrative
				  hearing to receive public comments on the proposed correction(s).
(2)
Burden of Persuasion.
The
				  applicant bears the burden of persuading the agency that any changes or
				  corrections requested comply with the law and that the permit should
				  issue.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 1 - THE PROCESS › Section 252:4-7-19 - Consolidation of permitting process

Current through Vol. 41, No. 20, July 1, 2024
(a)
Discretionary.
Whenever an applicant applies for more than one
				  permit for the same site, the DEQ may authorize, with the consent of the
				  applicant, the review of the applications to be consolidated so that each
				  required draft permit, draft denial and/or proposed permit is prepared at the
				  same time and public participation opportunities are combined.
(b)
Scope.
When consolidation is
				  authorized by the DEQ:
(1) The procedural
				  requirements for the highest specified tier shall apply to each affected
				  application.
(2) The DEQ may also
				  authorize the consolidation of public comment periods, process and public
				  meetings, and/or administrative permit hearings.
(3) Final permits may be issued
				  together.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 1 - THE PROCESS › Section 252:4-7-20 - Agency review of final permit decision

Current through Vol. 41, No. 20, July 1, 2024
(a)
Agency review.
Unless a
				  specific permit review process is otherwise provided in rules promulgated by
				  the Board, an applicant who filed comments on the draft permit or participated
				  in the public hearing, if any, may use the declaratory ruling procedure
				  described in this Chapter to initiate agency review of a final permit
				  decision.
(b)
Failure to file
				  comments.
Any person who failed to file comments or participate in the
				  public hearing on the draft permit may petition for declaratory ruling only to
				  the extent of changes from the draft to the final permit decision.
(c)
Administrative record.
The
				  administrative record for agency review of a final permit deision shall consist
				  of:
(1) the permit application on file with
				  the DEQ, as amended;
(2) all
				  written comments received during the public comment period;
(3) the tape or transcript of the public
				  meeting, if any;
(4) documents
				  resulting from the DEQ's review of the permit application and public
				  comments;
(5) the draft permit,
				  fact sheet and response to comments, if any, issued by the DEQ;
(6) all published notices;
(7) the tape or transcript of the
				  administrative hearing(s) held on a proposed Tier III permit, if any;
(8) the written materials submitted at an
				  administrative hearing held on a proposed Tier III permit, if any;
(9) the final environmental impact statement
				  and supplements, if any; and
(10)
				  the final permit or denial.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 3 - AIR QUALITY DIVISION TIERS AND TIME LINES › Section 252:4-7-31 - Air quality time lines

Current through Vol. 41, No. 20, July 1, 2024
The following air quality permits and authorizations shall
					 be technically reviewed and issued or denied within the time frames specified
					 below.
(1) Construction permits:
(A) PSD and Part 70 Sources - 365
				  days.
(B) Minor Facilities - 180
				  days.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 3 - AIR QUALITY DIVISION TIERS AND TIME LINES › Section 252:4-7-32 - Air quality applications - Tier I

Current through Vol. 41, No. 20, July 1, 2024
(a)
Minor facility permits.
The following air quality authorizations
				  for minor facilities require Tier I applications.
(1)
New permits.
New
				  construction, operating and relocation permits.
(2)
Modifications of permits.
(A) Modification of a construction permit for
				  a minor facility that will remain minor after the modification.
(B) Modification of an operating permit that
				  will not change the facility's classification from minor to major.
(C) Extension of expiration date of a
				  construction permit.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 3 - AIR QUALITY DIVISION TIERS AND TIME LINES › Section 252:4-7-33 - Air quality applications - Tier II

Current through Vol. 41, No. 20, July 1, 2024
(a)
Minor facility permit actions.
(1) Any minor facility seeking a permit for a
				  modification that when completed would turn it into a Part 70 source is
				  required to apply under subsection (b) of this section.
(2) Any Part 70 source seeking a permit that
				  would limit its potential to emit such that when issued it would qualify as a
				  minor facility requires a Tier II application.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 3 - AIR QUALITY DIVISION TIERS AND TIME LINES › Section 252:4-7-34 - Air quality applications - Tier III

Current through Vol. 41, No. 20, July 1, 2024
(a)
New major stationary sources.
A construction permit for any new
				  major stationary source listed in this subsection requires a Tier III
				  application. For purposes of this section, "Major stationary source" means:
(1) Any of the following sources of air
				  pollutants which emits, or has the potential to emit, 100 tons per year or more
				  of any pollutant subject to regulation:
(A)
				  carbon black plants (furnace process),
(B) charcoal production plants,
(C) chemical process plants,
(D) coal cleaning plants (with thermal
				  dryers),
(E) coke oven
				  batteries,
(F) fossil-fuel boilers
				  (or combustion thereof),totaling more than 250 million BTU per hour heat
				  input,
(G) fossil fuel-fired steam
				  electric plants of more than 250 million BTU per hour heat input,
(H) fuel conversion plants,
(I) glass fiber processing plants,
(J) hydrofluoric, sulfuric or nitric acid
				  plants,
(K) iron and steel mill
				  plants,
(L) kraft pulp
				  mills,
(M) lime plants,
(N) incinerators, except where used
				  exclusively as air pollution control devices,
(O) petroleum refineries,
(P) petroleum storage and transfer units with
				  a total storage capacity exceeding 300,000 barrels,
(Q) phosphate rock processing
				  plant,
(R) portland cement
				  plants,
(S) primary aluminum ore
				  reduction plants,
(T) primary
				  copper smelters,
(U) primary lead
				  smelters,
(V) primary zinc
				  smelters,
(W) secondary metal
				  production plants,
(X) sintering
				  plants,
(Y) sulfur recovery plants,
				  or
(Z) taconite ore processing
				  plants, and
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 5 - LAND PROTECTION DIVISION TIERS AND TIME LINES › Section 252:4-7-51 - Waste management time lines

Current through Vol. 41, No. 20, July 1, 2024
The Land Protection Division shall technically review
					 applications and issue or deny permits within the following periods of
					 time:
(1) Except as identified in
				  paragraph (4), hazardous waste applications, including new RCRA permits or
				  renewals, new state recycling permits, Class 3 modifications, closure and
				  post-closure plans, transfer station plans and plan modifications - 300
				  days;
(2) Brownfields applications
				  and each submittal or resubmittal - 60 days;
(3) Solid waste applications and each
				  submittal or resubmittal - 90 days;
(4) New RCRA standardized permits and
				  modifications to standardized permits - 150 days.
Added at 18 Ok Reg
					 1922, eff 6-11-01; Amended at 24 Ok Reg 579, eff 1-4-07 (emergency); Amended at
					 24 Ok Reg 1245, eff 6-15-07
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 5 - LAND PROTECTION DIVISION TIERS AND TIME LINES › Section 252:4-7-52 - Hazardous waste management applications - Tier I

Current through Vol. 41, No. 20, July 1, 2024
The following hazardous waste management authorizations
					 require Tier I applications.
(1) Class
				  1 modification of any hazardous waste permit requiring prior Department
				  approval as specified in
				  40 CFR §
											270.42.
(2) Modification to a recycling permit in
				  accordance with 27A O.S. § 2-7-118(A).
(3) Class 2 permit modification as defined in
				  40 CFR §
											270.42.
(4) Emergency hazardous waste disposal plan
				  approval.
(5) Hazardous waste
				  generator disposal plan approval.
(6) Technical plan approval.
(7) Hazardous waste transporter
				  license.
(8) Hazardous waste
				  transfer station plan modification which is not related to capacity.
(9) Emergency permit issued in accordance
				  with
				  40 CFR §
											270.61.
(10) Interim status closure plan approval in
				  accordance with
				  40 CFR
				  §
											265.113(d)(4).
(11) Minor administrative modification of all
				  permits and other authorizations.
(12) Renewal of disposal plan approval and
				  transporter license.
(13) New,
				  modified or renewed authorization under a general permit.
(14) Approval of temporary authorizations in
				  accordance with
				  40 CFR §
											270.42.
(15) Routine changes to RCRA standardized
				  permits and routine changes to RCRA standardized permits with prior DEQ
				  approval in accordance with
				  40 CFR
				  124.211.
Added at 18 Ok Reg
					 1922, eff 6-11-01; Amended at 24 Ok Reg 579, eff 1-4-07 (emergency); Amended at
					 24 Ok Reg 1245, eff 6-15-07
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 5 - LAND PROTECTION DIVISION TIERS AND TIME LINES › Section 252:4-7-53 - Hazardous waste management applications - Tier II

Current through Vol. 41, No. 20, July 1, 2024
The following hazardous waste management authorizations
					 require Tier II applications.
(1)
				  On-site hazardous waste treatment, storage or disposal permit.
(2) Mobile recycling permit.
(3) Research & Development
				  permit.
(4) Class 3 modification of
				  any hazardous waste permit as specified in
				  40 CFR §
											270.42.
(5) Modification of an on-site hazardous
				  waste facility permit for a fifty percent (50%) or greater increase in
				  permitted capacity for storage, treatment, and/or disposal, including
				  incineration.
(6) Modification of
				  an on-site hazardous waste facility permit for an expansion of permitted
				  boundaries.
(7) Modification of
				  on-site hazardous waste facility permit in which the application is for new
				  treatment, storage, or disposal methods or units which are significantly
				  different from those permitted.
(8)
				  Renewal of a hazardous waste treatment, storage or disposal permit.
(9) Hazardous waste transfer station plan
				  approval.
(10) Hazardous waste
				  transfer station plan modification involving increase in approved
				  capacity.
(11) Variance which is
				  not part of a permit application.
(12) Variance which is part of a Tier II
				  permit application.
(13) New RCRA
				  standardized permits or significant changes to existing RCRA standardized
				  permits in accordance with
				  40 CFR
				  124.211.
Added at 18 Ok Reg
					 1922, eff 6-11-01; Amended at 24 Ok Reg 579, eff 1-4-07 (emergency); Amended at
					 24 Ok Reg 1245, eff 6-15-07
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 5 - LAND PROTECTION DIVISION TIERS AND TIME LINES › Section 252:4-7-54 - Hazardous waste management applications - Tier III

Current through Vol. 41, No. 20, July 1, 2024
The following hazardous waste management authorizations
					 require Tier III applications.
(1)
				  Off-site hazardous waste treatment, storage, disposal, incineration and/or
				  recycling permit.
(2) Modification
				  of an off-site hazardous waste facility permit for a fifty percent (50%) or
				  greater increase in permitted capacity for storage, treatment, and/or disposal,
				  including incineration.
(3)
				  Modification of an off-site hazardous waste facility permit for an expansion of
				  permitted boundaries.
(4)
				  Modification of off-site hazardous waste facility permit in which the
				  application is for new treatment, storage, or disposal methods or units which
				  are significantly different from those permitted.
(5) Variance which is part of a Tier III
				  application.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 5 - LAND PROTECTION DIVISION TIERS AND TIME LINES › Section 252:4-7-55 - Radiation management applications - Tier I

Current through Vol. 41, No. 20, July 1, 2024
The following radiation management authorizations require
					 Tier I applications:
(1) New, amended
				  and renewed operating permits for radiation machines;
(2) New, amended and renewed permits for
				  x-ray fluorescence spectroscopy instruments used to detect lead in
				  paint;
(3) New and renewed specific
				  licenses under the state agreement program not classified under Tiers II or
				  III;
(4) Industrial radiography
				  certifications;
(5) Approvals of
				  license termination plans that require no decommissioning or
				  remediation;
(6) Decommissioning
				  and remediation plans required for remediation due to the use, storage or
				  disposal of one or more radioactive materials with a half-life of 120 days or
				  less;
(7) DEQ approvals of
				  documentation showing residual radioactivity levels for a site or property are
				  within acceptable limits as set by Chapter 410;
(8) Minor amendments of all authorizations
				  classified under Tiers I, II or III; and
(9) Major amendments of all authorizations
				  classified under Tier I.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 5 - LAND PROTECTION DIVISION TIERS AND TIME LINES › Section 252:4-7-56 - Radiation management applications - Tier II

Current through Vol. 41, No. 20, July 1, 2024
The following radiation management authorizations require
					 Tier II applications:
(1)
				  Decommissioning and remediation plans required for on-site remediation due to
				  the use, storage or disposal of one or more radioactive materials with a
				  half-life of more than 120 days, except for those facilities described in
				  252:4-7-57(3)(A);
(2) New or renewed permits for the
				  non-commercial treatment or disposal of radioactive waste, generated by the
				  applicant, by incineration or the amendment of the incinerator permit for a
				  capacity increase or for any expansion beyond permitted boundaries for the
				  purpose of expanding operations or storage; and
(3) Major amendments of all authorizations
				  classified under Tier II.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 5 - LAND PROTECTION DIVISION TIERS AND TIME LINES › Section 252:4-7-57 - Radiation management applications - Tier III

Current through Vol. 41, No. 20, July 1, 2024
The following radiation management authorizations require
					 Tier III applications:
(1) New or
				  renewed permits for the land disposal of low-level radioactive waste received
				  from others and the major amendment thereof;
(2) New or renewed permits for the commercial
				  treatment or disposal of radioactive waste by incineration and the major
				  amendment thereof; and
(3)
				  Decommissioning and remediation plans and the major amendment thereof:
(A) for nuclear fuel cycle facilities or
				  facilities and sites involved in the manufacturing or processing of licensed
				  quantities of radioactive materials; and
(B) for sites that require both on- and
				  off-site remediation due to the use, storage or disposal of one or more
				  radioactive materials with a half-life of more than 120 days.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 5 - LAND PROTECTION DIVISION TIERS AND TIME LINES › Section 252:4-7-58 - Solid waste management applications - Tier I

Current through Vol. 41, No. 20, July 1, 2024
The following solid waste management authorizations
					 require Tier I applications.
(1)
New permits.
(A)
Locally
				  approved solid waste transfer stations.
Permit for a solid waste
				  transfer station that, prior to application filing, received county
				  commissioner approval according to 27A O.S. § 2-10-307.
(B)
Biomedical waste transfer stations
				  using only sealed containers.
Biomedical waste transfer station permit
				  when activities are limited to:
(i)
				  consolidation of sealed containers; and/or
(ii) transfer of sealed containers from one
				  vehicle or mode of transportation to another.
(C)
Disaster relief.
Emergency
				  authorization for waste disposal resulting from a natural disaster.
(D)
Class I composting
				  facilities.
Permits for Class I composting facilities, as defined in OAC
				  252:515-43.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 5 - LAND PROTECTION DIVISION TIERS AND TIME LINES › Section 252:4-7-59 - Solid waste management applications - Tier II

Current through Vol. 41, No. 20, July 1, 2024
The following solid waste management authorizations
					 require Tier II applications.
(1)
New permits.
(A)
On-site
				  solid waste processing facilities with exception.
Permit for an on-site
				  solid waste processing facility except Class I composting facilities as listed
				  under Tier I.
(B)
Solid waste
				  transfer stations with exceptions.
Permit for a solid waste transfer
				  station except:
(i) a transfer station permit
				  with county commissioner approval as listed under Tier I, or
(ii) a biomedical waste transfer station
				  permit listed under Tier I.
(C)
On-Site incinerators with
				  exceptions.
Permit for an on-site incinerator except those exempt under
				  solid waste rules or those that have an approved Air Quality permit or Solid
				  Waste Management Plan.
(D)
On-site land disposal sites.
Permit for an on-site solid waste
				  disposal site.
(E)
Material
				  Recovery Facility (MRF).
Permit for a Material Recovery Facility if
				  waste is not source-separated.
(F)
On-site and Off-site Class II, Class III and Class IV composting
				  facilities.
Permits for Class II, Class III and Class IV composting
				  facilities, as defined in OAC 252:515-43.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 5 - LAND PROTECTION DIVISION TIERS AND TIME LINES › Section 252:4-7-60 - Solid waste management applications - Tier III

Current through Vol. 41, No. 20, July 1, 2024
The following solid waste management authorizations require
					 Tier III applications.
(1)
New
				  permits.
(A)
Off-site processing
				  facilities with exceptions.
Permit for an off-site processing facility,
				  unless otherwise specified in Tier I or Tier II.
(B)
Off-site land disposal
				  facility.
Permit for an off-site solid waste land disposal
				  site.
(C)
Off-site
				  incinerator.
Permit for an off-site incinerator.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 5 - LAND PROTECTION DIVISION TIERS AND TIME LINES › Section 252:4-7-61 - Brownfields applications - Tier I [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 18 Ok Reg
					 1922, eff 6-11-01; Revoked at 28 Ok Reg 83, eff 9-17-10 (emergency); Revoked at
					 28 Ok Reg 642, eff 7-1-11
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 5 - LAND PROTECTION DIVISION TIERS AND TIME LINES › Section 252:4-7-62 - Brownfields applications - Tier II [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 18 Ok Reg
					 1922, eff 6-11-01; Revoked at 28 Ok Reg 83, eff 9-17-10 (emergency); Revoked at
					 28 Ok Reg 642, eff 7-1-11
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 5 - LAND PROTECTION DIVISION TIERS AND TIME LINES › Section 252:4-7-63 - Brownfields applications - Tier III [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 18 Ok Reg
					 1922, eff 6-11-01; Revoked at 28 Ok Reg 83, eff 9-17-10 (emergency); Revoked at
					 28 Ok Reg 642, eff 7-1-11
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 7 - WATER QUALITY DIVISION TIERS AND TIME LINES › Section 252:4-7-71 - Water quality time lines

Current through Vol. 41, No. 20, July 1, 2024
The Water Quality Division shall technically review
					 applications and issue or deny permits within the following periods of
					 time:
(1) Discharges, 401
				  Certifications, industrial wastewater other than discharge, pretreatment trust
				  users, and sludge management plan - 180 days;
(2) Public water supply and water pollution
				  control construction - 90 days; and
(3) UIC applications - 300 days.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 7 - WATER QUALITY DIVISION TIERS AND TIME LINES › Section 252:4-7-72 - Laboratory certification applications - Tier I

Current through Vol. 41, No. 20, July 1, 2024
A Tier I application shall be required for a new, modified,
					 amended or renewed laboratory certification.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 7 - WATER QUALITY DIVISION TIERS AND TIME LINES › Section 252:4-7-73 - Water quality applications - Tier I

Current through Vol. 41, No. 20, July 1, 2024
The following water quality authorizations require Tier I
					 applications.
(1) Permit for
				  flow-through impoundment(s) as part of the pretreatment process.
(2) Permit renewal for a facility with an
				  expiring permit for industrial non-discharging impoundment or industrial septic
				  tank system.
(3) Permit renewal for
				  an expiring permit with minor or no change(s) for land application of sludge,
				  biosolids, industrial wastewater and/or reclaimed water for same
				  site.
(4) New, modified or renewed
				  authorization under a general permit.
(5) Approval of new pretreatment
				  program.
(6) Closure plan
				  approval.
(7) Certifications issued
				  pursuant to Section 401 of the Clean Water Act.
(8) Approval of exemption for water line
				  extensions.
(9) Approval of
				  exemption for water distribution, water reuse distribution and wastewater
				  collection systems.
(10) Approval
				  for alternative individual on-site sewage treatment systems.
(11) Approval for alternative small public
				  on-site sewage treatment systems.
(12) Residential development
				  approval.
(13) Transfer of
				  discharge permit.
(14) Minor
				  modification of discharge permit.
(15) Modification of an existing individual
				  municipal permit for land application of biosolids and/or reclaimed
				  water.
(16) Modification of or
				  addition to an existing permitted municipal wastewater treatment system
				  (including sewer line extensions).
(17) Modification of or addition to an
				  existing permitted public water supply treatment and/or distribution system
				  (including line extensions).
(18)
				  Modification of or addition to an existing permitted water reuse treatment
				  and/or distribution system (including line extensions).
(19) Modification of or addition to an
				  existing permitted industrial non-discharging impoundment, industrial septic
				  tank system, and/or industrial wastewater treatment system.
(20) Modification of an approved pretreatment
				  program.
(21) Administrative
				  amendment of permits or other authorizations for the correction of
				  administrative or typographical errors.
(22) New, modified or renewed individual
				  categorical or significant industrial user pretreatment permit.
(23) Modification of or addition of
				  impoundment(s) to an existing permitted industrial wastewater treatment
				  system.
Added at 18 Ok Reg 1922, eff 6-11-01 ; Amended at 22 Ok
						Reg 1444, eff 6-15-05 ; Amended at 25 Ok Reg 1104, eff 7-1-08 ; Amended at 29
						Ok Reg 988, eff 7-1-12 ; Amended at 30 Ok Reg 1058, eff
						7-1-13
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 7 - WATER QUALITY DIVISION TIERS AND TIME LINES › Section 252:4-7-74 - Water quality applications - Tier II

Current through Vol. 41, No. 20, July 1, 2024
The following water quality authorizations require Tier II
					 applications.
(1) Permit to construct
				  a new municipal wastewater treatment, and/or collection system, excluding line
				  extensions.
(2) Permit to construct
				  a new public water supply treatment and/or distribution system, excluding water
				  line extensions.
(3) Permit to
				  construct a new water reuse treatment and/or distribution system, excluding
				  line extensions.
(4) New discharge
				  permit for minor facility.
(5)
				  Individual storm water permit.
(6)
				  New permit for industrial non-discharging impoundment, industrial septic tank,
				  or industrial wastewater system.
(7) New individual permit for land
				  application of sludge, biosolids, industrial wastewater and/or reclaimed
				  water.
(8) Permit renewal for a
				  facility with expiring discharge permit.
(9) Permit renewal for a facility with
				  expiring individual storm water discharge permit.
(10) Variance including thermal components of
				  effluent limitations for an individual discharge permit.
(11) Major modification of discharge
				  permit.
(12) Modification of an
				  individual industrial permit for land application of sludge and/or
				  wastewater.
(13) New, modified or
				  renewed general permit.
Added at 18 Ok Reg 1922, eff 6-11-01 ; Amended at 22 Ok
						Reg 1444, eff 6-15-05 ; Amended at 25 Ok Reg 1104, eff 7-1-08 ; Amended at 29
						Ok Reg 988, eff 7-1-12 ; Amended at 30 Ok Reg 1058, eff
						7-1-13
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 7 - WATER QUALITY DIVISION TIERS AND TIME LINES › Section 252:4-7-75 - Water quality applications - Tier III

Current through Vol. 41, No. 20, July 1, 2024
A new discharge permit for a major facility requires a Tier
					 III application.
Added at 18 Ok Reg
					 1922, eff 6-11-01