Oklahoma OAC 252 Chapter 4. Rules of Practice and Procedure, Subchapter 7. Environmental Permit Process, Part 1. The Process, SIP effective May 11, 2020 (OKd29)

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

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

SUBCHAPTER 7. ENVIRONMENTAL PERMIT PROCESS (OAC 252:4-7)

PART 1. THE PROCESS
As approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29),
Regulations.gov docket EPA-R06-OAR-2018-0208 [OK029].

OKd21 SIP approval information for Sections 252:4-7-1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 14, 16. 17, 19:
Approved by EPA May 15, 2017 (82 FR 22281) SIP effective June 14, 2017 (OKd21),
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]
and Regulations.gov document EPA-R06-OAR-2007-0989-0007 [OK007.07].
Approved by EPA May 15, 2017 (82 FR 22281) SIP effective June 14, 2017 (OKd21),
Regulations.gov document EPA-R06-OAR-2007-0989-0020 [OK007.20].
Explanation for each section:
"Applicable to minor NSR permitting under OAC 252:100-7. Approved for major NSR permitting 11/26/2010, 75 FR 72695."
Additional Explanation for Section 252:4-7-2 -- "NOT in SIP: second sentence."
Additional Explanation for Section 252:4-7-4 -- "NOT in SIP: Subsection (a), first sentence."

OKd29 SIP approval information for Sections 252:4-7-5, 13, 15, 18, 20 is at the beginning of the respective sections.

Sections:
252:4-7-1. Authority, OKd21
252:4-7-2. Preamble, OKd21
252:4-7-3. Compliance, OKd21
252:4-7-4. Filing an application, OKd21
252:4-7-5. Fees, OKd29
252:4-7-6. Receipt of applications, OKd21
252:4-7-7. Administrative completeness review, OKd21
252:4-7-8. Technical review, OKd21
252:4-7-9. When review times stop, OKd21
252:4-7-10. Supplemental time, OKd21
252:4-7-11. Extensions, OKd21
252:4-7-12. Failure to meet deadline, OKd21
252:4-7-13. Notices, OKd29
252:4-7-14. Withdrawing applications, OKd21
252:4-7-15. Permit issuance or denial, OKd29
252:4-7-16. Tier II and III modifications, OKd21
252:4-7-17. Permit decision-making authority, OKd21
252:4-7-18. Pre-issuance permit review and correction, OKd29
252:4-7-19. Consolidation of permitting process, OKd21
252:4-7-20. Agency review of final permit decision, OKd29
**************end list of sections****************

252:4-7-1. Authority, OKd21
     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.

252:4-7-2. Preamble, OKd21
NOT in SIP: second sentence.
     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.

252:4-7-3. Compliance, OKd21
     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.

252:4-7-4. Filing an application, OKd21
NOT in SIP: Subsection (a), first sentence.
     (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.

252:4-7-5. Fees and fee refunds, OKd29
Approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29).
As adopted in the Oklahoma Register September 1, 2017 (34 OkReg 1151) effective
September 15, 2017. Submitted to EPA May 16, 2018,
Regulations.gov document EPA-R06-OAR-2018-0208-0005 [OK029.05], Adobe file page 340
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: Applicable to minor NSR permitting under OAC 252:100–7 and major NSR permitting under OAC 252:100–8.

(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 DEO's administrative completeness review; or
(2) DEO 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) DEO 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.
(b) Administrative costs in the amount of fifteen (15) percent of the amount to be refunded will be retained by DEQ except in cases of DEQ error or DEQ failure to meet review deadlines. The amount retained by DEQ in the case of an overpayment shall not exceed $500, regardless of the amount of the refund.
***end OAC252:4-7-5 SIP effective May 11, 2020 (OKd29)***b17***

252:4-7-6. Receipt of applications, OKd21
     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.

252:4-7-7. Administrative completeness review, OKd21
     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.

252:4-7-8. Technical review, OKd21
     (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.

252:4-7-9. When review times stop, OKd21
     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.

252:4-7-10. Supplemental time, OKd21
     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.

252:4-7-11. Extensions, OKd21
     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.

252:4-7-12. Failure to meet deadline, OKd21
     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.

252:4-7-13. Notices, OKd29
Approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29).
As adopted in the Oklahoma Register September 1, 2017 (34 OkReg 1152) effective
September 15, 2017, Submitted to EPA May 16, 2018,
Regulations.gov document EPA-R06-OAR-2018-0208-0005 [OK029.05], Adobe file page 341.
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: Applicable to minor NSR permitting under OAC 252:100–7 and major NSR permitting under OAC 252:100–8.
The SIP does NOT include (e), (f), or (g)(4).

(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.
(d) Proof of publication. Within twenty (20) days after the date of publication, an applicant shall provide the DEQ with a written affidavit of publication for each notice published. In case of a mistake in a published notice, the DEQ shall require a legal notice of correction or republication of the entire notice, whichever is appropriate. Inconsequential errors in spelling, grammar or punctuation shall not be cause for correction or republication.
(e) Exception to notice requirement. NOT IN SIP
(f) Additional notice. NOT IN SIP
(g) Additional notice content requirements for Clean Air
Act Permits. In addition to the notice provisions of 27 A O.S. §§ 2-14-301 and 2-14-302 and other provisions of this section, the following requirements apply.
(1) Applicants shall give notice by publication in a newspaper of general circulation in the area where the source is located; to persons on a mailing list developed by the DEQ, including those who request in writing to be on the list; and by other means if determined by the Executive Director to be necessary to assure adequate notice to the affected public.
(2) All published notice(s) for permit modification shall identify the emissions change involved in the modification.
(3) An applicant for a Part 70 permit that may affect the air quality of a neighboring state must give written notice to the environmental regulatory agency of that state. [27 A O.S. § 2-5-112(E)]
(4) NOT IN SIP
(5) For permits under OAC 252:100-8, Part 7:
(A) all published notice(s) shall identify the degree of increment consumption that is expected from the source or modification.
(B) the mailing list developed by DEQ under paragraph (g)(l) shall include the mailing address and/or email address for those who request in writing to be on the list, as well as the EPA Administrator, and other officials and agencies having cognizance over the location where the proposed construction would occur as follows:
(i) the chief executives of the city and county where the source would be located;
(ii) any comprehensive regional land use planning agency; and
(iii) any State, Federal Land Manager, or
Tribal Government whose lands may be affected by emissions
from the source or modification.
***end OAC252:4-7-13 SIP effective May 11, 2020 (OKd29)***b17***

252:4-7-14. Withdrawing applications, OKd21
(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.

252:4–7–15 Permit issuance or denial, OKd29
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 1057) effective July 1, 2013.
Submitted to EPA May 16, 2018,
Regulations.gov document EPA-R06-OAR-2018-0208-0005 [OK029.05], Adobe file page 490.
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: Applicable to minor NSR permitting under OAC 252:100–7 and major NSR permitting under OAC 252:100–8.

(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.
***end 252:4–7–15 SIP effective May 11, 2020 (OKd29)***b18***

252:4-7-16. Tier II and III modifications, OKd21
     For Tier II and III permit modification actions, only those issues relevant to the modification(s) shall be reopened for public review and comment.

252:4-7-17. Permit decision-making authority, OKd21
     (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.

252:4–7–18 Pre-issuance permit review and correction, OKd29
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 1057) effective July 1, 2013.
Submitted to EPA May 16, 2018,
Regulations.gov document EPA-R06-OAR-2018-0208-0005 [OK029.05], Adobe file page 490.
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: Applicable to minor NSR permitting under OAC 252:100–7 and
major NSR permitting under OAC 252:100–8.

(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 before a 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.
***end 252:4–7–18 SIP effective May 11, 2020 (OKd29)***b18***

252:4-7-19. Consolidation of permitting process, OKd21
     (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.
    (c) Renewal. The DEQ may coordinate the expiration dates of new permits issued to an applicant for the same facility or activity so that all the permits are of the same duration.
    (d) Multiple modifications. Subsections (a) and (b) of this section shall also apply to multiple Tier II and III applications for permit modifications.

252:4–7–20 Agency review of final permit decision, OKd29
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 1057) effective July 1, 2013.
Submitted to EPA May 16, 2018,
Regulations.gov document EPA-R06-OAR-2018-0208-0005 [OK029.05], Adobe file page 490.
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.

(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 decision shall consist of:
(1) the permit application on file with the DEO, 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.
***end 252:4–7–20 SIP effective May 11, 2020 (OKd29)***b18***

***end OAC 252 Chapter 4, Subchapter 7 Part 1, SIP effective May 11, 2020 (OKd29) ***b18***

Oklahoma OAC 252 Chapter 4. Rules of Practice and Procedure, Subchapter 7. Environmental Permit Process, Part 1. The Process, SIP effective May 11, 2020 (OKd29)

Air Quality Implementation Plans