§ 2-2A-23. Rules designating application tiers.

A.  The State Board of Agriculture shall have the authority to promulgate rules to implement the Oklahoma Agriculture Environmental Permitting Act for each tier that will to the greatest extent possible:

1.  Enable applicants to follow a consistent application process;

2.  Ensure that uniform public participation opportunities are offered;

3.  Provide for uniformity in notices required of applicants; and

4.  Set forth procedural application requirements.

B.  The rules shall designate applications as Tier I, II, or III and shall at a minimum be consistent with federal law.  In making these determinations, the Board shall consider information and data offered on:

1.  The significance of the potential impact of the type of activity on the environment;

2.  The amount, volume, and types of waste proposed to be accepted, stored, treated, disposed, discharged, emitted, or land applied;

3.  The degree of public concern traditionally connected with the type of activity;

4.  The federal classification, if any, for the proposed activity, operation, or type of site or facility; and

5.  Any other factors relevant to the determinations.

C.  For purposes of this section, the Board shall ensure that designations are, at a minimum, consistent with any analogous classifications set forth in applicable federal programs.

D.  The rules for each tier shall:

1.  Set forth uniform procedures for filing an application;

2.  Contain specific uniform requirements for each type of notice and public participation or hearing opportunities required by the Oklahoma Agriculture Environmental Permitting Act;

3.  Contain other provisions needed to implement and administer the Oklahoma Agriculture Pollutant Discharge Elimination System Act; and

4.  Designate positions to which the Director may delegate, in writing, the power and duty to issue, renew, amend, modify, and deny permits.

Added by Laws 2005, c. 292, § 14, eff. July 1, 2005.