Okla. Stat. tit. 2, § 2-2A-22

For the purposes of the Oklahoma Agriculture Environmental

Permitting Act:

1. “Application” means a document or set of documents, filed

with the Oklahoma Department of Agriculture, Food, and Forestry for

the purpose of receiving a permit or the modification, amendment, or

renewal thereof from the Department. The term “application”

includes any subsequent additions, revisions, or modifications

submitted to the Department that supplement, correct, or amend a

pending application;

2. “Draft permit” means a draft document prepared by the

Department after it has found a Tier II or III application for a

permit to be administratively and technically complete and that the

application may warrant the issuance, modification, or renewal of

the permit;

3. “Permit” means a permission required by law and issued by

the Department, the application for which has been classified as

Tier I, II, or III by the State Board of Agriculture. The term

“permit” includes but is not limited to:

a. specific types of permits and other Department

authorizations including certifications,

registrations, licenses, and plan approvals,

b. general permits and notices of intent for coverage by

a general permit, and

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c. an approved variance from a promulgated rule; however,

for existing facilities the Department may require

additional notice and public participation

opportunities for variances posing the potential for

increased risk;

4. “Process meeting” means a meeting open to the public which

is held by the Department to explain the permitting process and the

public participation opportunities applicable to a specific Tier III

application;

5. “Proposed permit” means a document, based on a draft permit

and prepared by the Department after consideration of comments

received on the draft permit, that indicates the decision of the

Department to issue a final permit pending the outcome of an

administrative permit hearing, if any;

6. “Qualified interest group” means any organization with

twenty-five or more members who are Oklahoma residents;

7. “Response to comments” means a document prepared by the

Department after its review of timely comments received on a draft

denial or draft permit pursuant to public comment opportunities

which:

a. specifies any provisions of the draft permit that were

changed in the proposed or final permit and the

reasons for the changes, and

b. briefly describes and responds to all significant

comments raised during the public comment period or

any hearing regarding the draft denial or draft

permit;

8. “Tier I” means a basic process of permitting that includes

application, notice to the landowner, and Department review. For

the Tier I process, a permit shall be issued or denied by a

technical supervisor of the reviewing Division or local

representative of the Department provided the authority has been

delegated by the Director;

9. “Tier II” means a process of permitting which includes:

a. the Tier I process,

b. published notice of application filing,

c. preparation of the draft permit or draft denial,

d. published notice of the draft permit or draft denial

and opportunity for a formal public meeting, and

e. public meeting, if any.

For the Tier II process, a permit shall be issued or denied by

the supervisor of the reviewing Division provided the authority has

been delegated thereto by the Director; and

10. “Tier III” means an expanded process of permitting which

includes:

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a. (1) the Tier II process, except the notice of filing,

shall also include an opportunity for a process

meeting,

(2) preparation of the response of the Department to

comments, and
reviewing Division provided the authority has

been delegated thereto by the Director; and

10. “Tier III” means an expanded process of permitting which

includes:

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a. (1) the Tier II process, except the notice of filing,

shall also include an opportunity for a process

meeting,

(2) preparation of the response of the Department to

comments, and

(3) denial of application, or

b. preparation of a proposed permit, the published notice

of availability of the proposed permit and the

response to comments and of the opportunity for an

administrative permit hearing, and an administrative

permit hearing, if any.

For the Tier III process, a permit shall be issued or denied by

the Director.