{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-5-105","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-5-105","heading":"Administrative agency - Powers and duties","body":"The Department of Environmental Quality is hereby designated the\n\nadministrative agency for the Oklahoma Clean Air Act for the state.\n\nThe Department is empowered to:\n\n1. Establish, in accordance with its provisions, those programs\n\nspecified elsewhere in the Oklahoma Clean Air Act;\n\n2. Establish, in accordance with the Oklahoma Clean Air Act, a\n\npermitting program for the state which will contain the flexible\n\nsource operation provisions required by Section 502(b)(10) of the\n\nFederal Clean Air Act Amendments of 1990;\n\n3. Prepare and develop a general plan for proper air quality\n\nmanagement in the state in accordance with the Oklahoma Clean Air\n\nAct;\n\n4. Enforce rules of the Board and orders of the Department and\n\nthe Council;\n\n5. Advise, consult and cooperate with other agencies of the\n\nstate, towns, cities and counties, industries, other states and the\n\nfederal government, and with affected groups in the prevention and\n\ncontrol of new and existing air contamination sources within the\n\nstate;\n\n6. Encourage and conduct studies, seminars, workshops,\n\ninvestigations and research relating to air pollution and its\n\ncauses, effects, prevention, control and abatement;\n\n7. Collect and disseminate information relating to air\n\npollution, its prevention and control;\n\n8. Encourage voluntary cooperation by persons, towns, cities\n\nand counties, or other affected groups in restoring and preserving a\n\nreasonable degree of purity of air within the state;\n\n9. Represent the State of Oklahoma in any and all matters\n\npertaining to plans, procedures or negotiations for the interstate\n\ncompacts in relation to the control of air pollution;\n\n10. Provide such technical, scientific or other services,\n\nincluding laboratory and other facilities, as may be required for\n\nthe purpose of carrying out the provisions of the Oklahoma Clean Air\n\nAct, from funds available for such purposes;\n\n11. Employ and compensate, within funds available therefor,\n\nsuch consultants and technical assistants and such other employees\n\non a full- or part-time basis as may be necessary to carry out the\n\nprovisions of the Oklahoma Clean Air Act and prescribe their powers\n\nand duties;\n\n12. Accept and administer grants or other funds or gifts for\n\nthe purpose of carrying out any of the functions of the Oklahoma\n\nClean Air Act;\n\n13. Budget and receive duly appropriated monies and all other\n\nmonies available for expenditures to carry out the provisions and\n\npurposes of the Oklahoma Clean Air Act;\n\n14. Bring appropriate court action to enforce the Oklahoma\n\nClean Air Act and final orders of the Department, and to obtain\n\ninjunctive or other proper relief in the district court of the\n\ncounty where any alleged violation occurs or where such relief is\n\ndetermined necessary. The Department, in furtherance of its\n\nstatutory powers, shall have the independent authority to file an\n\naction pursuant to the Oklahoma Clean Air Act in district court.\n\nSuch action shall be brought in the name of the Department of\n\nEnvironmental Quality;\n\n15. Take such action as may be necessary to abate the alleged\n\npollution upon receipt of evidence that a source of pollution or a\n\ncombination of sources of pollution is presenting an immediate,\n\nimminent and substantial endangerment to the health of persons;\n\n16. Periodically enter and inspect at reasonable times or\n\nduring regular business hours, any source, facility or premises\n\npermitted or regulated by the Department, for the purpose of\n\nobtaining samples or determining compliance with the Oklahoma Clean\n\nAir Act or any rule promulgated thereunder or permit condition\n\nprescribed pursuant thereto, or to examine any records kept or\n\nrequired to be kept pursuant to the Oklahoma Clean Air Act. Such\n\ninspections shall be conducted with reasonable promptness and shall\n\nbe confined to those areas, sources, facilities or premises\npose of\n\nobtaining samples or determining compliance with the Oklahoma Clean\n\nAir Act or any rule promulgated thereunder or permit condition\n\nprescribed pursuant thereto, or to examine any records kept or\n\nrequired to be kept pursuant to the Oklahoma Clean Air Act. Such\n\ninspections shall be conducted with reasonable promptness and shall\n\nbe confined to those areas, sources, facilities or premises\n\nreasonably expected to emit, control, or contribute to the emission\n\nof any air contaminant;\n\n17. Require the submission or the production and examination,\n\nwithin a reasonable amount of time, of any information, record,\n\ndocument, test or monitoring results or emission data, including\n\ntrade secrets necessary to determine compliance with the Oklahoma\n\nClean Air Act or any rule promulgated thereunder, or any permit\n\ncondition prescribed or order issued pursuant thereto. The\n\nDepartment shall hold and keep as confidential any information\n\ndeclared by the provider to be a trade secret and may only release\n\nsuch information upon authorization by the person providing such\n\ninformation, or as directed by court order. Any documents submitted\n\npursuant to the Oklahoma Clean Air Act and declared to be trade\n\nsecrets, to be so considered, must be plainly labeled by the\n\nprovider, and be in a form whereby the confidential information may\n\nbe easily removed intact without disturbing the continuity of any\n\nremaining documents. The remaining document, or documents, as\n\nsubmitted, shall contain a notation indicating, at the place where\n\nthe particular information was originally located, that confidential\n\ninformation has been removed. Nothing in this section shall\n\npreclude an in-camera examination of confidential information by an\n\nAdministrative Law Judge during the course of a contested hearing;\n\n18. Maintain and update at least annually an inventory of air\n\nemissions from stationary sources;\n\n19. Accept any authority delegated from the federal government\n\nnecessary to carry out any portion of the Oklahoma Clean Air Act;\n\nand\n\n20. Carry out all other duties, requirements and\n\nresponsibilities necessary and proper for the implementation of the\n\nOklahoma Clean Air Act and fulfilling the requirements of the\n\nFederal Clean Air Act.","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":"78869cefed9c990f8de4c77af86c1a1ced6b7d1a26fa47776af7b5ee375e4780","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-5-104","next":"us-ok/okla.-stat.-tit.-27a-27a-2-5-106"},"notice":"GroundRules: Original legal text. Not legal advice."}