{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-16-106","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-16-106","heading":"Coordinated state and federal authorization and","body":"review process.\n\nA. Upon the written request of a prospective applicant for\n\nauthorization of a refinery facility in the State of Oklahoma, the\n\nDepartment of Environmental Quality shall act as the lead state\n\nagency for the purpose of coordinating all applicable state and\n\nfederal authorizations and environmental reviews of the refining\n\nfacility. To the maximum extent practicable under applicable state\n\nand federal law, the Executive Director of the Department of\n\nEnvironmental Quality shall coordinate the state and federal\n\nauthorization and review process with any federal, state, tribal,\n\nand local agencies responsible for conducting separate permitting\n\nand environmental reviews of the refining facility.\n\nB. 1. The Executive Director, in coordination with the state\n\nagencies and, as appropriate, with federal, tribal and local\n\nagencies that are willing to coordinate their separate permitting\n\nand environmental reviews with the state permitting and reviews\n\nprocess, shall establish a schedule with prompt and binding\n\nintermediate and ultimate deadlines for the review of, and state\n\nauthorization decisions relating to, refinery facility siting and\n\noperation applications.\n\n2. Prior to establishing the schedule, the Executive Director\n\nshall provide an expeditious preapplication process that allows\n\napplicants to confer with the agencies involved and to have each\n\nagency communicate to the prospective applicant within sixty (60)\n\ndays:\n\na. the likelihood of approval for a potential refinery\n\nfacility, and\n\nb. key issues of concern for the agencies and the local\n\ncommunity.\n\n3. The Executive Director shall consider the preapplication\n\nfindings under paragraph 2 of this subsection when setting the\n\nschedule and shall ensure that once an application has been\n\nsubmitted with the necessary information, as determined by the\n\nExecutive Director, a draft permit shall be completed within six (6)\n\nmonths or, where circumstances require otherwise, as soon as\n\nthereafter practicable. An applicant may request that the\n\npermitting process be stopped at anytime by agreement with the\n\nExecutive Director and Administrator.\n\n4. If a state administrative agency does not complete a\n\nrefinery application authorization process in accordance with the\n\nschedule established by the Executive Director pursuant to this\n\nsubsection, the applicant may pursue remedies set forth in\n\nsubsection F of this section.\n\nC. 1. The RPCA shall address the coordination of all\n\napplicable state and federal actions necessary for complying with\n\nthe National Environmental Policy Act of 1969 (42 U.S.C. 4321 et\n\nseq.), if applicable, and shall identify the entity responsible for\n\npreparing any environmental impact statement or any other form of\n\nenvironmental review that is required.\n\n2. If the United States Environmental Protection Agency\n\ndetermines an environmental impact statement is required, the\n\nDepartment of Environmental Quality shall work with the Agency to\n\nprepare a single environmental impact statement, which shall\n\nconsolidate the environmental reviews of all state and federal\n\nagencies considering any aspect of the refinery facility covered by\n\nthe environmental impact statement.\n\nD. Each state agency considering an aspect of the siting or\n\noperation of a refinery facility in the State of Oklahoma shall\n\ncooperate with the Department of Environmental Quality and comply\n\nwith the deadlines established by the Department in the preparation\n\nof an environmental impact statement or such other form of\n\nenvironmental review that is required.\n\nE. The Department of Environmental Quality shall, with the\n\ncooperation of state and federal administrative agencies and\n\nofficials, maintain a complete consolidated record of all decisions\n\nmade or actions taken by the Department, by a state administrative\n\nagency or officer acting under delegated federal authority, or by a\nstatement or such other form of\n\nenvironmental review that is required.\n\nE. The Department of Environmental Quality shall, with the\n\ncooperation of state and federal administrative agencies and\n\nofficials, maintain a complete consolidated record of all decisions\n\nmade or actions taken by the Department, by a state administrative\n\nagency or officer acting under delegated federal authority, or by a\n\nfederal administrative agency with respect to the siting or\n\noperation of a refinery facility in the state. The record shall be\n\nthe exclusive record for any state administrative proceeding that is\n\nan appeal or review of any refinery facility siting or operation\n\ndecision made or action taken.\n\nF. If a state agency has denied state authorization required\n\nfor a refinery facility in the state, or has failed to act by a\n\ndeadline established by the Director pursuant to subsection B of\n\nthis section, the applicant may file an appeal with the Secretary of\n\nEnergy and Environment or the successor cabinet secretary having\n\nauthority over the Department of Environmental Quality. Based on\n\nthe record maintained pursuant to subsection E of this section, and\n\nin consultation with the affected state agency, the Secretary may\n\nthen either order the immediate issuance of the necessary state\n\nauthorization with appropriate conditions, or deny the appeal. The\n\nSecretary shall issue a decision within sixty (60) days after the\n\nfiling of the appeal. In making a decision under this subsection,\n\nthe Secretary shall adhere to applicable requirements of state and\n\nfederal law, including each of the laws referred to in subsection E\n\nof Section 5 of this act. Any judicial appeal of the decision of\n\nthe review panel shall be to an Oklahoma court of competent\n\njurisdiction as allowed under the Constitution of the State of\n\nOklahoma.","path":["OK Code","Title 27A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os27A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"ad2a89bebb10bdf4c24c04fddf70b11b91d82f9c1092facfb11e54db644e97b3","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-16-105","next":"us-ok/okla.-stat.-tit.-27a-27a-2-16-107"},"notice":"GroundRules: Original legal text. Not legal advice."}