Okla. Stat. tit. 27A, § 27A-2-5-107
This is the official text of Okla. Stat. tit. 27A, § 27A-2-5-107, part of Oklahoma’s Stat. tit. 27A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 27A,." Browse the sections below, each linked to its official government source.
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Air Quality Council - Powers and duties
Official statutory text
The powers and duties of the Council shall be as follows:
1. The Council shall recommend to the Board rules or amendments
thereto for the prevention, control and prohibition of air pollution
and for the establishment of health and safety tolerances for
discharge of air contaminants in the state as may be consistent with
the general intent and purposes of the Oklahoma Clean Air Act. The
recommendations may include, but need not be limited to, rules
required to implement the following:
a. a comprehensive state air permitting program,
b. an accidental release prevention program,
c. a program for the regulation and control of toxic and
hazardous air contaminants,
d. a program for the regulation and control of acid
deposition,
e. a small business program, and
f. a system of assessing and collecting fees;
2. The Council shall recommend rules of practice and procedure
applicable to proceedings before the Council;
3. Before recommending any permanent rules, or any amendment or
repeal thereof to the Board, the Council shall hold a public
Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 104
rulemaking hearing. The Council shall have full authority to
conduct such hearings, and may appoint a hearing officer;
4. A rule, or any amendment thereof, recommended by the Council
may differ in its terms and provisions as between particular
conditions, particular sources, and particular areas of the state.
In considering rules, the Council shall give due recognition to the
evidence presented that the quantity or characteristic of air
contaminants or the duration of their presence in the atmosphere,
which may cause a need for air control in one area of the state, may
not cause need for air control in another area of the state. The
Council shall take into consideration, in this connection, all
factors found by it to be proper and just, including but not limited
to existing physical conditions, economic impact, topography,
population, prevailing wind directions and velocities, and the fact
that a rule and the degrees of conformance therewith which may be
proper as to an essentially residential area of the state may not be
proper either as to a highly developed industrial area of the state
or as to a relatively unpopulated area of the state;
5. Recommendations to the Board shall be in writing and
concurred upon by at least five members of the Council;
6. The Council shall have the authority and the discretion to
provide a public forum for the discussion of issues it considers
relevant to the air quality of the state, and to:
a. pass nonbinding resolutions expressing the sense of
the Council,
b. make recommendations to the Department concerning the
need and the desirability of conducting public
meetings, workshops and seminars, and
c. hold public hearings to receive public comment in
fulfillment of federal requirements regarding the
State Implementation Plan and make recommendations to
the Department concerning the plan; and
7. The Council shall have the authority to conduct individual
proceedings, to issue notices of hearings and subpoenas requiring
the attendance of witnesses and the production of evidence, to
administer oaths, and to take testimony and receive such pertinent
and relevant proof as it may deem to be necessary, proper or
desirable in order that it may effectively discharge its duties and
responsibilities under the Oklahoma Clean Air Act. The Council is
also empowered to appoint an Administrative Law Judge to conduct
individual proceedings and prepare such findings of fact,
conclusions of law and proposed orders as they may require. Upon
issuance of a proposed order, the Council shall request that the
Executive Director issue a final order in accordance with their
findings or take such action as indicated and notify the respondent
thereof in writing.
Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 105
1. The Council shall recommend to the Board rules or amendments
thereto for the prevention, control and prohibition of air pollution
and for the establishment of health and safety tolerances for
discharge of air contaminants in the state as may be consistent with
the general intent and purposes of the Oklahoma Clean Air Act. The
recommendations may include, but need not be limited to, rules
required to implement the following:
a. a comprehensive state air permitting program,
b. an accidental release prevention program,
c. a program for the regulation and control of toxic and
hazardous air contaminants,
d. a program for the regulation and control of acid
deposition,
e. a small business program, and
f. a system of assessing and collecting fees;
2. The Council shall recommend rules of practice and procedure
applicable to proceedings before the Council;
3. Before recommending any permanent rules, or any amendment or
repeal thereof to the Board, the Council shall hold a public
Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 104
rulemaking hearing. The Council shall have full authority to
conduct such hearings, and may appoint a hearing officer;
4. A rule, or any amendment thereof, recommended by the Council
may differ in its terms and provisions as between particular
conditions, particular sources, and particular areas of the state.
In considering rules, the Council shall give due recognition to the
evidence presented that the quantity or characteristic of air
contaminants or the duration of their presence in the atmosphere,
which may cause a need for air control in one area of the state, may
not cause need for air control in another area of the state. The
Council shall take into consideration, in this connection, all
factors found by it to be proper and just, including but not limited
to existing physical conditions, economic impact, topography,
population, prevailing wind directions and velocities, and the fact
that a rule and the degrees of conformance therewith which may be
proper as to an essentially residential area of the state may not be
proper either as to a highly developed industrial area of the state
or as to a relatively unpopulated area of the state;
5. Recommendations to the Board shall be in writing and
concurred upon by at least five members of the Council;
6. The Council shall have the authority and the discretion to
provide a public forum for the discussion of issues it considers
relevant to the air quality of the state, and to:
a. pass nonbinding resolutions expressing the sense of
the Council,
b. make recommendations to the Department concerning the
need and the desirability of conducting public
meetings, workshops and seminars, and
c. hold public hearings to receive public comment in
fulfillment of federal requirements regarding the
State Implementation Plan and make recommendations to
the Department concerning the plan; and
7. The Council shall have the authority to conduct individual
proceedings, to issue notices of hearings and subpoenas requiring
the attendance of witnesses and the production of evidence, to
administer oaths, and to take testimony and receive such pertinent
and relevant proof as it may deem to be necessary, proper or
desirable in order that it may effectively discharge its duties and
responsibilities under the Oklahoma Clean Air Act. The Council is
also empowered to appoint an Administrative Law Judge to conduct
individual proceedings and prepare such findings of fact,
conclusions of law and proposed orders as they may require. Upon
issuance of a proposed order, the Council shall request that the
Executive Director issue a final order in accordance with their
findings or take such action as indicated and notify the respondent
thereof in writing.
Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 105
Status: in_force · Read it on the official government site
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