Okla. Stat. tit. 27A, § 27A-2-5-107: Air Quality Council - Powers and duties

The powers and duties of the Council shall be as follows:

1. The Council shall recommend to the Board rules or amendments

thereto for the prevention, control and prohibition of air pollution

and for the establishment of health and safety tolerances for

discharge of air contaminants in the state as may be consistent with

the general intent and purposes of the Oklahoma Clean Air Act. The

recommendations may include, but need not be limited to, rules

required to implement the following:

a. a comprehensive state air permitting program,

b. an accidental release prevention program,

c. a program for the regulation and control of toxic and

hazardous air contaminants,

d. a program for the regulation and control of acid

deposition,

e. a small business program, and

f. a system of assessing and collecting fees;

2. The Council shall recommend rules of practice and procedure

applicable to proceedings before the Council;

3. Before recommending any permanent rules, or any amendment or

repeal thereof to the Board, the Council shall hold a public

rulemaking hearing. The Council shall have full authority to

conduct such hearings, and may appoint a hearing officer;

4. A rule, or any amendment thereof, recommended by the Council

may differ in its terms and provisions as between particular

conditions, particular sources, and particular areas of the state.

In considering rules, the Council shall give due recognition to the

evidence presented that the quantity or characteristic of air

contaminants or the duration of their presence in the atmosphere,

which may cause a need for air control in one area of the state, may

not cause need for air control in another area of the state. The

Council shall take into consideration, in this connection, all

factors found by it to be proper and just, including but not limited

to existing physical conditions, economic impact, topography,

population, prevailing wind directions and velocities, and the fact

that a rule and the degrees of conformance therewith which may be

proper as to an essentially residential area of the state may not be

proper either as to a highly developed industrial area of the state

or as to a relatively unpopulated area of the state;

5. Recommendations to the Board shall be in writing and

concurred upon by at least five members of the Council;

6. The Council shall have the authority and the discretion to

provide a public forum for the discussion of issues it considers

relevant to the air quality of the state, and to:

a. pass nonbinding resolutions expressing the sense of

the Council,

b. make recommendations to the Department concerning the

need and the desirability of conducting public

meetings, workshops and seminars, and

c. hold public hearings to receive public comment in

fulfillment of federal requirements regarding the

State Implementation Plan and make recommendations to

the Department concerning the plan; and

7. The Council shall have the authority to conduct individual

proceedings, to issue notices of hearings and subpoenas requiring

the attendance of witnesses and the production of evidence, to

administer oaths, and to take testimony and receive such pertinent

and relevant proof as it may deem to be necessary, proper or

desirable in order that it may effectively discharge its duties and

responsibilities under the Oklahoma Clean Air Act. The Council is

also empowered to appoint an Administrative Law Judge to conduct

individual proceedings and prepare such findings of fact,

conclusions of law and proposed orders as they may require. Upon

issuance of a proposed order, the Council shall request that the

Executive Director issue a final order in accordance with their

findings or take such action as indicated and notify the respondent

thereof in writing.