Oklahoma Chapter 4 (OAC 252:4), Subchapter 5, Rulemaking, SIP effective February 27, 2009 (OKd06)
Oklahoma Administrative Code. Title 252. Department of Environmental Quality
Chapter 4. Rules of Practice and Procedures (OAC 252:4)
SUBCHAPTER 5. RULEMAKING
Approved by EPA December 29, 2008 (73 FR 79400) SIP effective February 27, 2009 (OKd06).
New Chapter 4 (OAC 252:4) adopted in Oklahoma Register June 1, 2001 (18 Ok Reg 1922-1944) effective June 11, 2001.
Submitted to EPA February 14, 2002 (OK-25),
Regulations.gov document EPA–R06–OAR–2006–0389-0005 [OK005.05], Adobe file pages 30 to 52.
Approved by EPA December 29, 2008 (73 FR 79400) effective February 27, 2009 (OKd06).
Regulations.gov docket EPA–R06–OAR–2006–0389 [OK005]
Explanation: No explanation.
252:4-5-1. Adoption and revocation, OKd06
252:4-5-2. Rule development, OKd06
252:4-5-3. Petitions for Rulemaking, OKd06
252:4-5-4. Notice of permanent rulemaking, OKd06
252:4-5-5. Rulemaking hearings, OKd06
252:4-5-6. Council actions, OKd06
252:4-5-7. Presentation to Board, OKd06
252:4-5-8. Board actions, OKd06
252:4-5-9. Rulemaking record, OKd06
252:4-5-1. Adoption and revocation
The Board has the authority to adopt new or amended emergency or permanent rules and revoke existing rules within its jurisdiction.
252:4-5-2. Rule development
(a) DEQ. The DEQ may begin the development of rules at the request of or on behalf of the Board or a Council or upon petition by an interested person. The DEQ may appoint committees to assist in the development of rules.
(b) Public. Any person may informally discuss proposed rules with the DEQ or may suggest proposed rules during a council meeting. Also, any person may file a petition with the DEQ formally requesting the adoption, amendment, or revocation of one or more rules.
252:4-5-3. Petitions for Rulemaking
(a) Form and content of petition. Rulemaking petitions shall be in writing and filed with the DEQ. The petition shall include the information and follow the format in Appendix A of this Chapter. The DEQ shall provide a copy of the filed petition to the Board.
(b) Referral. The DEQ shall refer a filed petition to the appropriate Council or, if none, to the appropriate DEQ program for review. A petition referred to a Council shall be set on the agenda of the next available Council meeting for action.
(c) Status. The DEQ shall advise the Board of the status of rulemaking petitions.
252:4-5-4. Notice of permanent rulemaking
The DEQ shall submit notices of proposed permanent rulemaking to the Office of Administrative Rules for publication in accordance with the APA and the Administrative Rules on Rulemaking (OAC 655:10).
252:4-5-5. Rulemaking hearings
(a) Hearing. Hearings before a Council or the Board shall be conducted by the Chair or the Chair's designee.
(b) Public comments. The public may make comments orally at the hearing or submit comments in writing by the end of the specified public comment period, or both. Persons wishing to comment orally may be required to fill out a written request form. The person conducting the hearing may set reasonable time limits on oral presentations, may exclude repetitive or irrelevant comments and may require that oral presentations be submitted in writing.
(c) Public comment period. The comment period shall end at the conclusion of the hearing if the agenda indicates that the Council intends to make a final recommendation on the rules or that the Board intends to take a final action on the rules. Otherwise, the comment period may be extended by the person conducting such hearing for no more than thirty (30) calendar days after the hearing or until the close of the hearing, if continued.
(d) Summary of comments. The DEQ shall maintain a summary of comments received on proposed rules during written comment periods. The summary shall be provided to the Council or Board prior to taking final action on the rule.
(e) Hearing continuation. A Council or the Board may continue the hearing by majority vote. Notice of the continuation shall be announced at the hearing and shall not require publication.
252:4-5-6. Council actions
(a) Contents of recommendation. On behalf of a Council, the DEQ shall prepare a recommendation submittal on proposed permanent rules, which shall include the text of the proposed rules, a summary of pertinent minutes of Council meetings, and a summary of comments received. Recommendations may also be made for rules with a finding of emergency. The Council may recommend that any proposed rule be adopted by the Board on a permanent and emergency basis simultaneously.
(b) On remand. The Council shall reconsider any rulemaking recommendation remanded by the Board.
252:4-5-7. Presentation to Board
(a) Compliance with APA. When proposed rules are presented to the Board, the DEQ shall indicate the rulemaking procedures which have been followed.
(b) Board packets. The DEQ shall prepare a board packet consisting of the text of proposed rules, an executive summary, a rule impact statement, an economic impact/environmental benefit statement (if applicable), a summary of comments received on proposed rules at rulemaking hearings and during written comment periods, the Council's recommendations and a summary of pertinent Council meeting minutes (if applicable). The Board packets shall be sent to members with the proposed agenda of the Board meeting at which rules are to be considered. Board packets for emergency rules may vary.
252:4-5-8. Board actions
(a) Referral. The Board may refer any rulemaking matter to the 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.
252:4-5-9. Rulemaking record
The DEQ shall maintain a rulemaking record on all rules adopted or revoked by the Board.
***end OAC 252 Chapter 4, Subchapter 5 SIP effective February 27, 2009 (OKd06)***