Okla. Stat. tit. 2, § 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.