Regulatory Text:

Oklahoma Administrative Code, Title 252, Department of Environmental Quality
Chapter 4 (OAC 252:4). Rules of Practice and Procedure

Chapter 4, Subchapter 1. General Provisions
As approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (LAd29),
Regulations.gov docket EPA-R06-OAR-2018-0208.

Sections:
252:4-1-1.  Purpose and authority
252:4-1-2.  Definitions
252:4-1-3.  Organization
252:4-1-4.  Office location and hours; communications
252:4-1-5.  Availability of a record
252:4-1-6.  Administrative fees
252:4-1-7.  Fee credits for regulatory fees
252:4-1-8.  Board and Councils
252:4-1-9.  Severability


252:4-1-1.  Purpose and authority
Reapproved by EPA April 10, 2020 (85 FR 20178) without explanation SIP effective May 11, 2020 (OKd29).
As adopted in the Oklahoma Register June 1, 2001 (18 Ok Reg 1922) effective June 11, 2001. 
Submitted to EPA February 14, 2002, 
Regulations.gov document EPA-R06-OAR-2006-0389-0005 [OK005.05] Adobe file page 30
and Regulations.gov document EPA-R06-OAR-2007-0989-0007 [OK007.07] Adobe file page 30.
     The text of section 252:4–1–1 was initially approved by EPA November 26, 2010 (75 FR 72695) SIP effective December 27, 2010 (OKd07), Regulations.gov Federal Register document EPA-R06-OAR-2007-0314-0020 [OK007.20]. NOTE: the Chapter 4 portion of the Oklahoma submittal is not available in Regulations.gov docket EPA-R06-OAR-2007-0314, but there is a cross-reference to the submittal in document EPA-R06-OAR-2007-0314-0011, i.e., a cross-reference to document EPA-R06-OAR-2006-0389-0005 [OK005.05].  The submittal is also available in Regulations.gov document EPA-R06-OAR-2007-0989-0007 [OK007.07].
     A revision to section 252:4–1–1 approved by EPA May 15, 2017 (82 FR 22281), SIP effective June 14, 2017 (OKd21), added the Explanation "Applicable to minor NSR permitting under OAC 252:100–7. Approved for major NSR permitting 11/26/2010, 75 FR 72695", for  section 252:4-1-1 but did not change the text of section 252:4–1–1.
See Federal Register in Regulations.gov document EPA-R06-OAR-2007-0989-0020 [OK007.20].
     The revision to section 252:4–1–1 approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29) removed the explanation for section 252:4–1–1 but did not change the text of SIP-approved section 252:4–1–1. 
See Federal Register in Regulations.gov document EPA-R06-OAR-2018-0208-0012 [OK029.12]
Explanation: No explanation.

252:4-1-1.  Purpose and authority
     (a)     Purpose.  This Chapter describes the practices and procedures of the Environmental Quality Board, Advisory Councils, and the Department of Environmental Quality.
     (b)     Authority.  This Chapter is authorized by the Administrative Procedures Act, 75 O.S. § 302, and the Environmental Quality Code, 27A O.S. §2-2-101.
***end OK OAC 252:4-1-1 SIP effective May 11, 2020 (OKd29)***b12***


252:4-1-2.  Definitions
Approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29).
As adopted in the Oklahoma Register September 1, 2016 (33 OkReg 1430) effective September 15, 2016, 
Submitted to EPA May 16, 2018,
Regulations.gov document EPA-R06-OAR-2018-0208-0005 [OK029.05], Adobe file page 422.
Approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29),
Regulations.gov docket EPA-R06-OAR-2018-0208 [OK029]
Explanation:  No explanation.  

252:4-1-2.  Definitions
     The following words and terms, when used in this Chapter,
shall have the following meaning, unless the context clearly 
indicates otherwise:
     "Administratively complete" means an application that
contains the information specified in the application form and
rules in sufficient detail to allow the DEQ to begin technical
review.
     "Administrative hearing" is defined at 27A O.S. §2-1-102
and is synonymous with "individual proceeding" as
that term is defined in the Administrative Procedures Act,
75 O.S. §250.1 et seq. 
     "Administrative Law Judge" is synonymous with "hearing
examiner" as that term is defined in the Administrative 
Procedures Act.
     "Advisory Councils or Council" means any of the
following Councils: the Air Quality Advisory Council, 
the Hazardous Waste Management Advisory Council,
the Radiation Management Advisory Council, 
the Solid Waste Management Advisory Council, and 
the Water Quality Management Advisory Council.
     "APA" means the Oklahoma Administrative Procedures
Act, 75 O.S. § 250.1 et seq.
     "Application" means "a document or set of documents, 
filed with the [DEQ], for the purpose of receiving a permit
or the modification, amendment or renewal thereof from the
[DEQ]... any subsequent additions, revisions or modifications
submitted to the [DEQ] which supplement, correct or amend a
pending application." [27A O.S. § 2-14-103(1)]
     "Board" means the Environmental Quality Board.
     "Code" means the Oklahoma Environmental Quality
Code, 27A O.S. § 2-1-101 et seq.
     "Complaint" means any written or oral information
submitted to DEQ alleging site-specific environmental pollution
except information gained from facility inspections, or
self-reported incidents.
     "Department or DEQ" means the Department of
Environmental Quality.
     "Enforcement action" means:
          (A) a written communication from the DEQ to an
alleged violator that identifies the alleged violations
and directs or orders that the violations be corrected
and/or their effect remedied;
          (B) an administrative action to revoke or suspend a
permit or license;
          (C) a consent order or proposed consent order;
          (D) a civil petition, a complaint in municipal court,
or a complaint in federal district court;
          (E) a referral by the DEQ to the Oklahoma Attorney
General's office, a state District Attorney's office,
a U.S. Attorney's office, or a state or federal law 
enforcement agency for investigation.
     "Executive Director" means the Executive Director of
the Department of Environmental Quality.
     "False complaint" means any written or oral information
submitted to DEQ alleging site-specific environmental
pollution by a person who knowingly and willfully gives false
information or misrepresents material information.
     "Individual proceeding" is defined in the APA [75 O.S.
§ 250.3(7)]. It includes an administrative evidentiary hearing
to resolve issues of law or fact between parties, resulting in an
order.
     "Mediation" means a voluntary negotiating process in
which parties to a dispute agree to use a mediator to assist them
in jointly exploring and settling their differences, with a goal of
resolving their differences by a formal agreement created by
the parties.
     "Notice of deficiencies" means a written notice to an applicant,
describing with reasonable specificity the deficiencies
in a permit application and requesting supplemental information.
     "Off-site", as used in hazardous waste, solid waste and
Underground Injection Control (UIC) tier classifications,
means a facility which receives waste from various sources for
treatment, storage, processing, or disposal.
     "On-site", as used in hazardous waste, solid waste and
UIC tier classifications, means a facility owned and operated
by an industry for the treatment, storage, processing, or
disposal of its own waste exclusively.
     "Program" means a regulatory section or division of the DEQ.
     "Respondent" means a person or legal entity against
whom relief is sought.
     "Submittal" means a document or group of documents
provided as part of an application.
     "Supplement" means a response to a request for additional
information following completeness and technical
reviews, and information submitted voluntarily by the applicant.
     "Technical review" means the evaluation of an application
for compliance with applicable program rules.
**end OK OAC 252:4-1-2 SIP effective May 11, 2020 (OKd29)**a12**

252:4-1-3.  Organization
Approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29).
As adopted in the Oklahoma Register September 1, 2016 (33 OkReg 1429) effective September 15, 2016, 
Submitted to EPA May 16, 2018,
Regulations.gov document EPA-R06-OAR-2018-0208-0005 [OK029.05], Adobe file pages 422-423.
Approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29),
Regulations.gov docket EPA-R06-OAR-2018-0208 [OK029]
Explanation:  No explanation

252:4-1-3.  Organization
    (a) Environmental Quality Board. The Environmental
Quality Board consists of thirteen (13) members, appointed
by the Governor with the advice and consent of the Senate,
selected from the environmental profession, general industry,
hazardous waste industry, solid waste industry, water usage,
petroleum industries, agriculture industries, conservation
districts, local city or town governments, rural water
districts, and statewide nonprofit environmental organizations.
(See further 27A O.S. § 2-2-101.)
     (b) Advisory Councils. There are five advisory 
councils. Each council consists of nine to twelve members
appointed by the Speaker of the House of Representatives,
the President Pro Tempore of the Senate or the Governor. 
(See further 27A O.S. § 2-2-201)
     (c) DEQ. The DEQ consists of the following divisions:
Administrative Services, Air Quality, Land Protection, Water
Quality, Environmental Complaints and Local Services, External
Affairs, and State Environmental Laboratory Services.
***end OK OAC 252:4-1-3 SIP effective May 11, 2020 (OKd29)***b12***


252:4-1-4.  Office location and hours; communications
Reapproved by EPA April 10, 2020 (85 FR 20178) without explanation SIP effective May 11, 2020 (OKd29).
As adopted in the Oklahoma Register June 1, 2001 (18 Ok Reg 1922) effective June 11, 2001. 
Submitted to EPA February 14, 2002, 
Regulations.gov document EPA-R06-OAR-2006-0389-0005 [OK005.05] Adobe file page 31
and Regulations.gov document EPA-R06-OAR-2007-0989-0007 [OK007.07] Adobe file page 31.
     The text of section 252:4–1–4 was initially approved by EPA November 26, 2010 (75 FR 72695) SIP effective December 27, 2010 (OKd07), Regulations.gov Federal Register document EPA-R06-OAR-2007-0314-0020 [OK007.20]. NOTE: the Chapter 4 portion of the Oklahoma submittal is not available in Regulations.gov docket EPA-R06-OAR-2007-0314, but there is a cross-reference to the submittal in document EPA-R06-OAR-2007-0314-0011, i.e., a cross-reference to document EPA-R06-OAR-2006-0389-0005 [OK005.05].  The submittal is also available in Regulations.gov document EPA-R06-OAR-2007-0989-0007 [OK007.07].
     A revision to section 252:4–1–4 approved by EPA May 15, 2017 (82 FR 22281), SIP effective June 14, 2017 (OKd21), added the Explanation "Applicable to minor NSR permitting under OAC 252:100–7. Approved for major NSR permitting 11/26/2010, 75 FR 72695", for  section 252:4-1-4 but did not change the text of section 252:4–1–4.
See Federal Register in Regulations.gov document EPA-R06-OAR-2007-0989-0020 [OK007.20].
     The revision to section 252:4–1–4 approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29) removed the explanation for section 252:4–1–4 but did not change the text of SIP-approved section 252:4–1–4. 
See Federal Register in Regulations.gov document EPA-R06-OAR-2018-0208-0012 [OK029.12]
Explanation: No explanation.

252:4-1-4.  Office location and hours; communications
     (a)  Office location and hours.  The principal office of the DEQ is 707 N. Robinson, Oklahoma City, Oklahoma 73102.  The mailing address is P.O. Box 1677, Oklahoma City, Oklahoma 73101-1677.  Office hours are from 8:00 a.m. to 4:30 p.m., Monday through Friday except state holidays.
     (b)  Communications.  Unless a person is working with a particular person or departmental area, written communication to the DEQ shall be addressed to the Executive Director.
          (1)  Board.  Communications to the Board may be made through the Executive Director.
          (2)  Council.  Communications to a Council may be made through the Division Director of the program with which the Council works.
***end OK OAC 252:4-1-4 SIP effective May 11, 2020 (OKd29)***b12***


252:4-1-5.  Availability of a record
Approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29).
As adopted in the Oklahoma Register June 17, 2013 (30 OkReg 1055) effective July 1, 2013,
Submitted to EPA May 16, 2018
Regulations.gov document EPA-R06-OAR-2018-0208-0005 [OK029.05], Adobe file page 488-489
Approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29),
Regulations.gov docket EPA-R06-OAR-2018-0208 [OK029]
Explanation:  No explanation.  

252:4-1-5.  Availability of a record
     (a) Availability. Records of the Board, Advisory Councils,
and DEQ, not otherwise confidential or privileged from
disclosure by law, shall be available to the public for inspection
and copying at the DEQ's principal office during normal
business hours. Information, data or materials required to be
submitted to the DEQ in a permit application process shall be
made available to the public in accordance with the Oklahoma
Uniform Environmental Permitting Act (27A O.S. § 2-14-101
et seq.) and the rules in this Chapter. The DEQ may take reasonable
precautions in order to ensure the safety and integrity
of records under its care.
     (b) Removal. A record may be removed from the DEQ's
offices or storage areas only with prior authorization from and
under the supervision of the Records Coordinator or his/her
designee.
     (c) Reproduction.
          (1) By DEQ. The DEQ may limit the number of copies
made and the time and personnel available for reproduction
of records requested by a member of the public.
          (2) Commercial reproduction. With advance notice
to the DEQ, a person may arrange for the pick-up, reproduction
and return of records by a commercial copying
service at his/her own expense, only if the Records Coordinator
or his/her designee determines that the DEQ's staff
or equipment is inadequate to perform all or part of the
project.
          (3) Other. With prior DEQ approval, a person may
bring in and use his/her own copy machine.
     (d) Confidentiality. Any person asserting a claim of 
confidentiality for any document submitted to the Board, Council 
or DEQ must substantiate the claim upon submission. The DEQ
will make a determination on the claim and notify the person
asserting the claim within a reasonable time. Each program
may have more specific requirements, as required by state
law or federal rule. [See 27A O.S. § 2-5-105(17) and 
40 CFR Part 2 Subpart B, particularly § 2.301 (Clean Air Act),
§ 2.302 (Clean Water Act), § 2.304 (Safe Drinking Water Act),
§ 2.305 (Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act), and § 2.310 (Comprehensive
Environmental Response, Compensation, and Liability Act,
as amended by Superfund Amendments and Reauthorization Act)].
     (e) Certification. Copies of official records of the Board,
Advisory Councils or DEQ may be certified by the Executive
Director or his/her designees.
     (f) Charge. The DEQ's administrative fee schedule applies
to in-house copying or reproduction of records for or by members
of the public.
**end OK OAC 252:4–1–5 SIP effective May 11, 2020 (OKd29)**b13**

252:4-1-6.  Administrative fees
Approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29).
As adopted in the Oklahoma Register June 1, 2005 (22 OkReg 1444) effective June 15, 2005,
Submitted to EPA May 16, 2018, 
Regulations.gov document EPA-R06-OAR-2018-0208-0005 [OK029.05], Adobe file page 987.
Approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29),
Regulations.gov docket EPA-R06-OAR-2018-0208 [OK029]
Explanation: No explanation.

252:4-1-6.  Administrative fees
     (a) Photocopying and faxing. The fee for copying or faxing
letter or legal sized paper is $0.25 per page after the first ten
pages.
     (b) Certified copy. The fee for a certified copy of a document
is $1.00 per document.
     (c) Search fee. When the request is solely for commercial
purpose or clearly would cause excessive disruption of the
DEQ's essential functions, the document search fee is as follows:
          (1) 0 - 15 minutes, no charge;
          (2) 16 - 30 minutes, $5.00;
          (3) every subsequent 30-minute increment or portion 
thereof, $5.00.
     (d) Regular mail or overnight carrier. The fee for mailing
eleven or more sheets of reproduced DEO records by regular
mail is the cost of postage. The fee for sending a package
of reproduced DEO records by overnight carrier is the cost of
delivery,
     (e) Compact Disc. If the DEO provides the compact disc
("CD"), the fee for copying from CD to CD or from database
to CD is $1.00 per CD, plus an additional $1.00 per CD for
ink-jet labeling.
**end OK OAC 252:4–1–6 SIP effective May 11, 2020 (OKd29)**b13**

252:4-1-7.  Fee credits for regulatory fees
Reapproved by EPA April 10, 2020 (85 FR 20178) without explanation SIP effective May 11, 2020 (OKd29).
As adopted in the Oklahoma Register June 1, 2001 (18 Ok Reg 1922) effective June 11, 2001. 
Submitted to EPA February 14, 2002, 
Regulations.gov document EPA-R06-OAR-2006-0389-0005 [OK005.05] Adobe file page 32
and Regulations.gov document EPA-R06-OAR-2007-0989-0007 [OK007.07] Adobe file page 32.
     The text of section 252:4–1–7 was initially approved by EPA November 26, 2010 (75 FR 72695) SIP effective December 27, 2010 (OKd07), Regulations.gov Federal Register document EPA-R06-OAR-2007-0314-0020 [OK007.20]. NOTE: the Chapter 4 portion of the Oklahoma submittal is not available in Regulations.gov docket EPA-R06-OAR-2007-0314, but there is a cross-reference to the submittal in document EPA-R06-OAR-2007-0314-0011, i.e., a cross-reference to document EPA-R06-OAR-2006-0389-0005 [OK005.05].  The submittal is also available in Regulations.gov document EPA-R06-OAR-2007-0989-0007 [OK007.07].
     A revision to section 252:4–1–7 approved by EPA May 15, 2017 (82 FR 22281), SIP effective June 14, 2017 (OKd21), added the Explanation "Applicable to minor NSR permitting under OAC 252:100–7. Approved for major NSR permitting 11/26/2010, 75 FR 72695", for  section 252:4-1-7 but did not change the text of section 252:4–1–7. 
See Federal Register in Regulations.gov document EPA-R06-OAR-2007-0989-0020 [OK007.20]
     The revision to section 252:4–1–7 approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29) removed the explanation for section 252:4–1–7 but did not change the text of SIP-approved section 252:4–1–7. 
See Federal Register in Regulations.gov document EPA-R06-OAR-2018-0208-0012 [OK029.12]
Explanation: No explanation.

252:4-1-7.  Fee credits for regulatory fees
     (a)  The Executive Director may authorize Divisions of the DEQ which have programs that collect recurring fees to apply a credit towards certain future invoices for those fees.  The credit must be applied only within the program from which the carryover fees are derived.  Only the amount that is projected to exceed three months of funding beyond the upcoming budget year for that program can be credited.  A summary of any credit applied shall be reported to the Environmental Quality Board.  For a credit to be applied:
          (1)  there must be a projected balance in the fee account carried over from the previous year;
          (2)  the credit must be distributable pro rata among the fee payers;
          (3)  the credit must be large enough to justify its administrative cost; and
          (4)  the Division must be unaware of a longer-range need, such as match for a superfund clean-up project.
     (b)  The DEQ shall explain on the invoices that a carryover exists and that an identified one-time credit is being applied.
***end OK OAC 252:4-1-7 SIP effective May 11, 2020 (OKd29)***b12***


252:4-1-8.  Board and Councils
Reapproved by EPA April 10, 2020 (85 FR 20178) without explanation SIP effective May 11, 2020 (OKd29).
As adopted in the Oklahoma Register June 1, 2001 (18 Ok Reg 1922) effective June 11, 2001. 
Submitted to EPA February 14, 2002, 
Regulations.gov document EPA-R06-OAR-2006-0389-0005 [OK005.05] Adobe file page 32
and Regulations.gov document EPA-R06-OAR-2007-0989-0007 [OK007.07] Adobe file page 32.
     The text of section 252:4–1–8 was initially approved by EPA November 26, 2010 (75 FR 72695) SIP effective December 27, 2010 (OKd07), Regulations.gov Federal Register document EPA-R06-OAR-2007-0314-0020 [OK007.20]. NOTE: the Chapter 4 portion of the Oklahoma submittal is not available in Regulations.gov docket EPA-R06-OAR-2007-0314, but there is a cross-reference to the submittal in document EPA-R06-OAR-2007-0314-0011, i.e., a cross-reference to document EPA-R06-OAR-2006-0389-0005 [OK005.05].  The submittal is also available in Regulations.gov document EPA-R06-OAR-2007-0989-0007 [OK007.07].
     A revision to section 252:4–1–8 approved by EPA May 15, 2017 (82 FR 22281), SIP effective June 14, 2017 (OKd21), added the Explanation "Applicable to minor NSR permitting under OAC 252:100–7. Approved for major NSR permitting 11/26/2010, 75 FR 72695", for  section 252:4-1-8 but did not change the text of section 252:4–1–8. 
See Federal Register in Regulations.gov document EPA-R06-OAR-2007-0989-0020 [OK007.20]
     The revision to section 252:4–1–8 approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29) removed the explanation for section 252:4–1–8 but did not change the text of SIP-approved section 252:4–1–8. 
See Federal Register in Regulations.gov document EPA-R06-OAR-2018-0208-0012 [OK029.12]
Explanation: No explanation.

252:4-1-8.  Board and Councils
     (a)  Officers.  A chair of the Board shall not serve as chair for more than three (3) consecutive years.  Officers of a Council may succeed themselves as officers at the discretion of a Council.
     (b)  Committees.  Ad hoc committees may be appointed to assist the Board or a Council for any lawful purpose.
***end OK OAC 252:4-1-8 SIP effective May 11, 2020 (OKd29)***b12***


252:4-1-9.  Severability
Reapproved by EPA April 10, 2020 (85 FR 20178) without explanation SIP effective May 11, 2020 (OKd29).
As adopted in the Oklahoma Register June 1, 2001 (18 Ok Reg 1922) effective June 11, 2001. 
Submitted to EPA February 14, 2002, 
Regulations.gov document EPA-R06-OAR-2006-0389-0005 [OK005.05] Adobe file page 32
and Regulations.gov document EPA-R06-OAR-2007-0989-0007 [OK007.07] Adobe file page 32.
     The text of section 252:4–1–9 was initially approved by EPA November 26, 2010 (75 FR 72695) SIP effective December 27, 2010 (OKd07), Regulations.gov Federal Register document EPA-R06-OAR-2007-0314-0020 [OK007.20]. NOTE: the Chapter 4 portion of the Oklahoma submittal is not available in Regulations.gov docket EPA-R06-OAR-2007-0314, but there is a cross-reference to the submittal in document EPA-R06-OAR-2007-0314-0011, i.e., a cross-reference to document EPA-R06-OAR-2006-0389-0005 [OK005.05].  The submittal is also available in Regulations.gov document EPA-R06-OAR-2007-0989-0007 [OK007.07].
     A revision to section 252:4–1–9 approved by EPA May 15, 2017 (82 FR 22281), SIP effective June 14, 2017 (OKd21), added the Explanation "Applicable to minor NSR permitting under OAC 252:100–7. Approved for major NSR permitting 11/26/2010, 75 FR 72695", for  section 252:4-1-9 but did not change the text of section 252:4–1–9. 
See Federal Register in Regulations.gov document EPA-R06-OAR-2007-0989-0020 [OK007.20]
     The revision to section 252:4–1–9 approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29) removed the explanation for section 252:4–1–9 but did not change the text of SIP-approved section 252:4–1–9. 
See Federal Register in Regulations.gov document EPA-R06-OAR-2018-0208-0012 [OK029.12]
Explanation: No explanation.

252:4-1-9.  Severability
     The provisions of OAC 252 are severable, and if any part or provision hereof shall be held void, the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of OAC 252.
***end OK OAC 252:4-1-9 SIP effective May 11, 2020 (OKd29)***b12***

** end OK OAC Chapter 4, Subchapter 1, General Provisions, SIP effective May 11, 2020 (OKd29) **b13**