Okla. Stat. tit. 27A, § 27A-2-16-106

review process.

A. Upon the written request of a prospective applicant for

authorization of a refinery facility in the State of Oklahoma, the

Department of Environmental Quality shall act as the lead state

agency for the purpose of coordinating all applicable state and

federal authorizations and environmental reviews of the refining

facility. To the maximum extent practicable under applicable state

and federal law, the Executive Director of the Department of

Environmental Quality shall coordinate the state and federal

authorization and review process with any federal, state, tribal,

and local agencies responsible for conducting separate permitting

and environmental reviews of the refining facility.

B. 1. The Executive Director, in coordination with the state

agencies and, as appropriate, with federal, tribal and local

agencies that are willing to coordinate their separate permitting

and environmental reviews with the state permitting and reviews

process, shall establish a schedule with prompt and binding

intermediate and ultimate deadlines for the review of, and state

authorization decisions relating to, refinery facility siting and

operation applications.

2. Prior to establishing the schedule, the Executive Director

shall provide an expeditious preapplication process that allows

applicants to confer with the agencies involved and to have each

agency communicate to the prospective applicant within sixty (60)

days:

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 329

a. the likelihood of approval for a potential refinery

facility, and

b. key issues of concern for the agencies and the local

community.

3. The Executive Director shall consider the preapplication

findings under paragraph 2 of this subsection when setting the

schedule and shall ensure that once an application has been

submitted with the necessary information, as determined by the

Executive Director, a draft permit shall be completed within six (6)

months or, where circumstances require otherwise, as soon as

thereafter practicable. An applicant may request that the

permitting process be stopped at anytime by agreement with the

Executive Director and Administrator.

4. If a state administrative agency does not complete a

refinery application authorization process in accordance with the

schedule established by the Executive Director pursuant to this

subsection, the applicant may pursue remedies set forth in

subsection F of this section.

C. 1. The RPCA shall address the coordination of all

applicable state and federal actions necessary for complying with

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et

seq.), if applicable, and shall identify the entity responsible for

preparing any environmental impact statement or any other form of

environmental review that is required.

2. If the United States Environmental Protection Agency

determines an environmental impact statement is required, the

Department of Environmental Quality shall work with the Agency to

prepare a single environmental impact statement, which shall

consolidate the environmental reviews of all state and federal

agencies considering any aspect of the refinery facility covered by

the environmental impact statement.

D. Each state agency considering an aspect of the siting or

operation of a refinery facility in the State of Oklahoma shall

cooperate with the Department of Environmental Quality and comply

with the deadlines established by the Department in the preparation

of an environmental impact statement or such other form of

environmental review that is required.

E. The Department of Environmental Quality shall, with the

cooperation of state and federal administrative agencies and

officials, maintain a complete consolidated record of all decisions

made or actions taken by the Department, by a state administrative

agency or officer acting under delegated federal authority, or by a
statement or such other form of

environmental review that is required.

E. The Department of Environmental Quality shall, with the

cooperation of state and federal administrative agencies and

officials, maintain a complete consolidated record of all decisions

made or actions taken by the Department, by a state administrative

agency or officer acting under delegated federal authority, or by a

federal administrative agency with respect to the siting or

operation of a refinery facility in the state. The record shall be

the exclusive record for any state administrative proceeding that is

an appeal or review of any refinery facility siting or operation

decision made or action taken.

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F. If a state agency has denied state authorization required

for a refinery facility in the state, or has failed to act by a

deadline established by the Director pursuant to subsection B of

this section, the applicant may file an appeal with the Secretary of

Energy and Environment or the successor cabinet secretary having

authority over the Department of Environmental Quality. Based on

the record maintained pursuant to subsection E of this section, and

in consultation with the affected state agency, the Secretary may

then either order the immediate issuance of the necessary state

authorization with appropriate conditions, or deny the appeal. The

Secretary shall issue a decision within sixty (60) days after the

filing of the appeal. In making a decision under this subsection,

the Secretary shall adhere to applicable requirements of state and

federal law, including each of the laws referred to in subsection E

of Section 5 of this act. Any judicial appeal of the decision of

the review panel shall be to an Oklahoma court of competent

jurisdiction as allowed under the Constitution of the State of

Oklahoma.