An official website of the United States government.

This is not the current EPA website. To navigate to the current EPA website, please go to www.epa.gov. This website is historical material reflecting the EPA website as it existed on January 19, 2021. This website is no longer updated and links to external websites and some internal pages may not work. More information »

Oklahoma Chapter 4 (OAC 252:4), Subchapter 9, Administrative Proceedings; Part 5, Air Quality Advisory Council Hearings, SIP effective February 27, 2009 (OKd06) to May 10, 2020

Regulatory Text: 
Oklahoma Administrative Code.  Title 252.  Department of Environmental Quality 

Chapter 4.  Rules of Practice and Procedures (OAC 252:4)

SUBCHAPTER 9.  ADMINISTRATIVE PROCEEDINGS

PART 5.  AIR QUALITY ADVISORY COUNCIL HEARINGS
As adopted in Oklahoma Register June 1, 2001 (18 Ok Reg 1922) effective June 11, 2001.
Approved by EPA December 29, 2008 (73 FR 79400) effective February 27, 2009 (OKd06).

Sections:
252:4-9-51.  In general
252:4-9-52.  Individual proceedings
252:4-9-53.  Variance
252:4-9-54.  State implementation plan hearings


252:4-9-51.  In general

     The Air Quality Advisory Council is authorized to conduct individual proceedings on enforcement matters and requests for a variance from the Clean Air Act, 27A O.S. §§ 2-5-101 through 2-5-118, or the Air Pollution Control Rules, OAC 252:100.


252:4-9-52.  Individual proceedings

     Individual proceedings before the Air Quality Advisory Council will be conducted in accordance with the requirements in Part 3 of this Subchapter.  To be heard by the Council, the request for hearing in response to an Order must include a request that the Council conduct the hearing.  The Council may designate an Administrative Law Judge for individual proceedings to be held before the Council.  The Council or its designee may perform Administrative Law Judge functions described in Part 3 of this Subchapter.


252:4-9-53.  Variance

     It is within the discretion of the Air Quality Advisory Council to decide whether or not an individual proceeding is necessary in granting a variance.


252:4-9-54.  State implementation plan hearings
Struck-out text not in SIP.

     A state implementation plan (SIP) hearing may be initiated by an applicant for an alternative emissions reduction authorization under 252:100-11 by filing a request for a SIP hearing with the Administrative Law Clerk.  A request that the hearing be conducted by the Air Quality Advisory Council must be included in the request for hearing.  Additional requirements for a SIP hearing request are contained in 252:100-11-6.