Oklahoma OAC 252 Chapter 4. Rules of Practice and Procedure, Subchapter 9. Administrative Proceedings, Part 5. Air Quality Advisory Council Hearings, SIP effective February 27, 2009 (OKd06) to May 10, 2020
Regulatory Text:
Oklahoma Administrative Code. Title 252. Department of Environmental Quality
Chapter 4. Rules of Practice and Procedures (OAC 252:4)
SUBCHAPTER 9. ADMINISTRATIVE PROCEEDINGS (OAC 252:4-9)
PART 5. AIR QUALITY ADVISORY COUNCIL HEARINGS (OAC 252:4-9 Part 5), OKd06
Approved by EPA December 29, 2008 (73 FR 79400) SIP effective February 27, 2009 (OKd06).
New Chapter 4 (OAC 252:4) adopted in Oklahoma Register June 1, 2001 (18 Ok Reg 1922 to 1944) effective June 11, 2001.
Submitted to EPA February 14, 2002 (OK-25),
Regulations.gov document EPA-R06-OAR-2006-0389-0005 [OK005.05], Adobe file pages 30 to 52.
Approved by EPA December 29, 2008 (73 FR 79400) SIP effective February 27, 2009 (OKd06).
Regulations.gov docket EPA-R06-OAR-2006-0389 [OK005]
Explanations:
Sections 252:4-9-51, 252:4-9-52, 252:4-9-53: No explanations.
Section 252:4-9-54: NOT in SIP: in the first sentence, the phrase ‘‘under 252:100–11’’ and the last sentence which begins with ‘‘Additional requirements for a SIP hearing * * *.’’
Sections:
252:4-9-51. In general, OKd06
252:4-9-52. Individual proceedings, OKd06
252:4-9-53. Variance, OKd06
252:4-9-54. State implementation plan hearings, OKd06
252:4-9-51. In general, OKd06
The Air Quality Advisory Council is authorized to conduct individual proceedings on enforcement matters and requests for a variance from the Clean Air Act, 27A O.S. §§ 2-5-101 through 2-5-118, or the Air Pollution Control Rules, OAC 252:100.
252:4-9-52. Individual proceedings, OKd06
Individual proceedings before the Air Quality Advisory Council will be conducted in accordance with the requirements in Part 3 of this Subchapter. To be heard by the Council, the request for hearing in response to an Order must include a request that the Council conduct the hearing. The Council may designate an Administrative Law Judge for individual proceedings to be held before the Council. The Council or its designee may perform Administrative Law Judge functions described in Part 3 of this Subchapter.
252:4-9-53. Variance, OKd06
It is within the discretion of the Air Quality Advisory Council to decide whether or not an individual proceeding is necessary in granting a variance.
252:4-9-54. State implementation plan hearings, OKd06
Explanation: NOT in SIP: in the first sentence, the phrase ‘‘under 252:100–11’’ and the last sentence which begins with ‘‘Additional requirements for a SIP hearing * * *.’’ (i.e., struck-out text not in SIP)
A state implementation plan (SIP) hearing may be initiated by an applicant for an alternative emissions reduction authorization under 252:100-11 by filing a request for a SIP hearing with the Administrative Law Clerk. A request that the hearing be conducted by the Air Quality Advisory Council must be included in the request for hearing. Additional requirements for a SIP hearing request are contained in 252:100-11-6.
***end OAC 252 Chapter 4, Subchapter 9, Part 5 SIP effective February 27, 2009 (OKd06)***b1a***cxd***