Okla. Stat. tit. 27A, § 27A-2-5-103: Municipal regulation - Powers of State Board of

Agriculture.

A. 1. Nothing in the Oklahoma Clean Air Act:

a. shall prevent cities, towns and counties from enacting

ordinances or codes with respect to air pollution

which will not conflict with the provisions of the

Oklahoma Clean Air Act and which contain provisions

more stringent than those fixed by the operation of

the Oklahoma Clean Air Act; provided, however, that

any city or town which has a population of less than

three hundred thousand (300,000) persons according to

the most current census shall not enforce any

ordinance or code regarding air pollution containing

more stringent provisions unless and until such

ordinance or code is reviewed by the Council and

approved as to its reasonableness and technical

feasibility.

b. shall prevent cities and towns from summarily abating

public nuisances as now provided by law.

2. This subsection shall not apply to any air pollution

ordinances or codes enacted by cities, towns or counties and in

effect prior to May 15, 1992.

B. Except for authority regarding abatement of public

nuisances, no city, town, municipality, county or other political

subdivision shall enact or enforce any code, ordinance or rule which

is more stringent than, or which is in conflict with any state or

federal law, code or rule concerning the utilization of fuel in any

flange-wheeled railroad rolling stock or which attempts to regulate

or affect the emissions therefrom.

C. The Oklahoma Clean Air Act shall not be construed to limit,

modify, or repeal or affect in any way the powers, duties or

functions of the State Board of Agriculture, except to the extent

necessary to comply with the Federal Clean Air Act.