{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-5-112","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-5-112","heading":"Comprehensive permitting program - Issuance, denial","body":"or renewal.\n\nA. Upon the effective date of permitting rules promulgated\n\npursuant to the Oklahoma Clean Air Act, it shall be unlawful for any\n\nperson to construct any new source, or to modify or operate any new\n\nor existing source of emission of air contaminants except in\n\ncompliance with a permit issued by the Department of Environmental\n\nQuality, unless the source has been exempted or deferred or is in\n\ncompliance with an applicable deadline for submission of an\n\napplication for such permit.\n\nB. The Department shall have the authority and the\n\nresponsibility, in accordance with rules of the Environmental\n\nQuality Board, to implement a comprehensive permitting program for\n\nthe state consistent with the requirements of the Oklahoma Clean Air\n\nAct. Such authority shall include but shall not be limited to the\n\nauthority to:\n\n1. Expeditiously issue, reissue, modify and reopen for cause,\n\npermits for new and existing sources for the emission of air\n\ncontaminants, and to grant a reasonable measure of priority to the\n\nprocessing of applications for new construction or modifications.\n\nThe Department may also revoke, suspend, deny, refuse to issue or to\n\nreissue a permit upon a determination that any permittee or\n\napplicant is in violation of any substantive provisions of the\n\nOklahoma Clean Air Act, or any rule promulgated thereunder or any\n\npermit issued pursuant thereto;\n\n2. Refrain from issuing a permit when issuance has been\n\nobjected to by the Environmental Protection Agency in accordance\n\nwith Title V of the Federal Clean Air Act;\n\n3. Revise any permit for cause or automatically reopen it to\n\nincorporate newly applicable rules or requirements if the remaining\n\npermit term is greater than three (3) years; or incorporate\n\ninsignificant changes into a permit without requiring a revision;\n\n4. Establish and enforce reasonable permit conditions which may\n\ninclude, but not be limited to:\n\na. emission limitations for regulated air contaminants,\n\nb. operating procedures when related to emissions,\n\nc. performance standards,\n\nd. provisions relating to entry and inspections, and\n\ne. compliance plans and schedules;\n\n5. Require, if necessary, at the expense of the permittee or\n\napplicant:\n\na. installation and utilization of continuous monitoring\n\ndevices,\n\nb. sampling, testing and monitoring of emissions as\n\nneeded to determine compliance,\n\nc. submission of reports and test results, and\n\nd. ambient air modeling and monitoring;\n\n6. Issue:\n\na. general permits covering similar sources, and\n\nb. permits to sources in violation, when compliance\n\nplans, which shall be enforceable by the Department,\n\nare incorporated into the permit;\n\n7. Require, at a minimum, that emission control devices on\n\nstationary sources be reasonably maintained and properly operated;\n\n8. Require that a permittee certify that the facility is in\n\ncompliance with all applicable requirements of the permit and to\n\npromptly report any deviations therefrom to the Department;\n\n9. Issue permits to sources requiring permits under Title V of\n\nthe Federal Clean Air Act for a term not to exceed five (5) years,\n\nexcept that solid waste incinerators may be allowed a term of up to\n\ntwelve (12) years provided that the permit shall be reviewed no less\n\nfrequently than every five (5) years;\n\n10. Specify requirements and conditions applicable to the\n\ncontent and submittal of permit applications; set by rule, a\n\nreasonable time in which the Department must determine the\n\ncompleteness of such applications; and\n\n11. Determine the form and content of emission inventories and\n\nrequire their submittal by any source or potential source of air\n\ncontaminant emissions.\n\nC. Rules of the Board may set limits below which a source of\n\nair contaminants may be exempted from the requirement to obtain a\n\npermit or to pay any fee. Any source so exempted, however, shall\ntermine the\n\ncompleteness of such applications; and\n\n11. Determine the form and content of emission inventories and\n\nrequire their submittal by any source or potential source of air\n\ncontaminant emissions.\n\nC. Rules of the Board may set limits below which a source of\n\nair contaminants may be exempted from the requirement to obtain a\n\npermit or to pay any fee. Any source so exempted, however, shall\n\nremain under jurisdiction of the Department and shall be subject to\n\nany applicable rules or general permit requirements. Such rules\n\nshall not prohibit sawmill facilities from open burning any wood\n\nwaste resulting from the milling of untreated cottonwood lumber in\n\nareas that have always attained ambient air quality standards.\n\nD. To ensure against unreasonable delay on the part of the\n\nDepartment, the failure of the Department to act in either the\n\nissuance, denial or renewal of a permit in a reasonable time, as\n\ndetermined by rule, shall be deemed to be a final permit action\n\nsolely for purpose of judicial review under the Administrative\n\nProcedures Act, with regard to the applicant or any person who\n\nparticipated in the public review process. The Supreme Court or the\n\ndistrict court, as the case may be, may require that action be taken\n\nby the Department on the application without additional delay. No\n\npermit, however, may be issued by default.\n\nE. The Department shall notify, or require that any applicant\n\nnotify, all states whose air quality may be affected and that are\n\ncontiguous to the State of Oklahoma, or are within fifty (50) miles\n\nof the source of each permit application or proposed permit for\n\nthose sources requiring permits under Title V of the Federal Clean\n\nAir Act, and shall provide an opportunity for such states to submit\n\nwritten recommendations respecting the issuance of the permit and\n\nits terms and conditions.\n\nF. No person, including but not limited to the applicant, shall\n\nraise any reasonably ascertainable issue in any future proceeding,\n\nunless the same issues have been raised and documented before the\n\nclose of the public comment period on the draft permit.\n\nG. A change in ownership of any facility or source subject to\n\npermitting requirements under this section shall not necessitate any\n\naction by the Department not otherwise required by the Oklahoma\n\nClean Air Act. Any permit applicable to such source at the time of\n\ntransfer shall be enforceable in its entirety against the transferee\n\nin the same manner as it would have been against the transferor, as\n\nshall any requirement contained in any rule, or compliance schedule\n\nset forth in any variance or order regarding or applicable to such\n\nsource. Provided, however, no transferee in good faith shall be\n\nheld liable for penalties for violations of the transferor unless\n\nthe transferee assumes all assets and liabilities through contract\n\nor other means. For the purposes of this subsection, good faith\n\nshall be construed to mean neither having actual knowledge of a\n\nprevious violation nor constructive knowledge which would lead a\n\nreasonable person to know of the violation. It shall be the\n\nresponsibility of the transferor to notify the Department in writing\n\nwithin thirty (30) days of the change in ownership.\n\nH. Operating permits may be issued to new sources without\n\npublic review upon a proper determination by the Department that:\n\n1. The construction permit was issued pursuant to the public\n\nreview requirements of the Code and rules promulgated thereunder;\n\nand\n\n2. The operating permit, as issued, does not differ from the\n\nconstruction permit in any manner which would otherwise subject the\n\npermit to public review.","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":"75a7e1e49a0a5e14a719e13ab1299c1b88919494f194d9c75373161dab1786e9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-5-111","next":"us-ok/okla.-stat.-tit.-27a-27a-2-5-113"},"notice":"GroundRules: Original legal text. Not legal advice."}