{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-5-107","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-5-107","heading":"Air Quality Council - Powers and duties","body":"The powers and duties of the Council shall be as follows:\n\n1. The Council shall recommend to the Board rules or amendments\n\nthereto for the prevention, control and prohibition of air pollution\n\nand for the establishment of health and safety tolerances for\n\ndischarge of air contaminants in the state as may be consistent with\n\nthe general intent and purposes of the Oklahoma Clean Air Act. The\n\nrecommendations may include, but need not be limited to, rules\n\nrequired to implement the following:\n\na. a comprehensive state air permitting program,\n\nb. an accidental release prevention program,\n\nc. a program for the regulation and control of toxic and\n\nhazardous air contaminants,\n\nd. a program for the regulation and control of acid\n\ndeposition,\n\ne. a small business program, and\n\nf. a system of assessing and collecting fees;\n\n2. The Council shall recommend rules of practice and procedure\n\napplicable to proceedings before the Council;\n\n3. Before recommending any permanent rules, or any amendment or\n\nrepeal thereof to the Board, the Council shall hold a public\n\nrulemaking hearing. The Council shall have full authority to\n\nconduct such hearings, and may appoint a hearing officer;\n\n4. A rule, or any amendment thereof, recommended by the Council\n\nmay differ in its terms and provisions as between particular\n\nconditions, particular sources, and particular areas of the state.\n\nIn considering rules, the Council shall give due recognition to the\n\nevidence presented that the quantity or characteristic of air\n\ncontaminants or the duration of their presence in the atmosphere,\n\nwhich may cause a need for air control in one area of the state, may\n\nnot cause need for air control in another area of the state. The\n\nCouncil shall take into consideration, in this connection, all\n\nfactors found by it to be proper and just, including but not limited\n\nto existing physical conditions, economic impact, topography,\n\npopulation, prevailing wind directions and velocities, and the fact\n\nthat a rule and the degrees of conformance therewith which may be\n\nproper as to an essentially residential area of the state may not be\n\nproper either as to a highly developed industrial area of the state\n\nor as to a relatively unpopulated area of the state;\n\n5. Recommendations to the Board shall be in writing and\n\nconcurred upon by at least five members of the Council;\n\n6. The Council shall have the authority and the discretion to\n\nprovide a public forum for the discussion of issues it considers\n\nrelevant to the air quality of the state, and to:\n\na. pass nonbinding resolutions expressing the sense of\n\nthe Council,\n\nb. make recommendations to the Department concerning the\n\nneed and the desirability of conducting public\n\nmeetings, workshops and seminars, and\n\nc. hold public hearings to receive public comment in\n\nfulfillment of federal requirements regarding the\n\nState Implementation Plan and make recommendations to\n\nthe Department concerning the plan; and\n\n7. The Council shall have the authority to conduct individual\n\nproceedings, to issue notices of hearings and subpoenas requiring\n\nthe attendance of witnesses and the production of evidence, to\n\nadminister oaths, and to take testimony and receive such pertinent\n\nand relevant proof as it may deem to be necessary, proper or\n\ndesirable in order that it may effectively discharge its duties and\n\nresponsibilities under the Oklahoma Clean Air Act. The Council is\n\nalso empowered to appoint an Administrative Law Judge to conduct\n\nindividual proceedings and prepare such findings of fact,\n\nconclusions of law and proposed orders as they may require. Upon\n\nissuance of a proposed order, the Council shall request that the\n\nExecutive Director issue a final order in accordance with their\n\nfindings or take such action as indicated and notify the respondent\n\nthereof in writing.","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":"eb7b6c23247ba7fc701e42d23de25268eccd986490a090dbb0493e3c78e8ff68","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-5-106.1","next":"us-ok/okla.-stat.-tit.-27a-27a-2-5-108"},"notice":"GroundRules: Original legal text. Not legal advice."}