Okla. Stat. tit. 27A, § 27A-2-5-112

or renewal.

A. Upon the effective date of permitting rules promulgated

pursuant to the Oklahoma Clean Air Act, it shall be unlawful for any

person to construct any new source, or to modify or operate any new

or existing source of emission of air contaminants except in

compliance with a permit issued by the Department of Environmental

Quality, unless the source has been exempted or deferred or is in

compliance with an applicable deadline for submission of an

application for such permit.

B. The Department shall have the authority and the

responsibility, in accordance with rules of the Environmental

Quality Board, to implement a comprehensive permitting program for

the state consistent with the requirements of the Oklahoma Clean Air

Act. Such authority shall include but shall not be limited to the

authority to:

1. Expeditiously issue, reissue, modify and reopen for cause,

permits for new and existing sources for the emission of air

contaminants, and to grant a reasonable measure of priority to the

processing of applications for new construction or modifications.

The Department may also revoke, suspend, deny, refuse to issue or to

reissue a permit upon a determination that any permittee or

applicant is in violation of any substantive provisions of the

Oklahoma Clean Air Act, or any rule promulgated thereunder or any

permit issued pursuant thereto;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 110

2. Refrain from issuing a permit when issuance has been

objected to by the Environmental Protection Agency in accordance

with Title V of the Federal Clean Air Act;

3. Revise any permit for cause or automatically reopen it to

incorporate newly applicable rules or requirements if the remaining

permit term is greater than three (3) years; or incorporate

insignificant changes into a permit without requiring a revision;

4. Establish and enforce reasonable permit conditions which may

include, but not be limited to:

a. emission limitations for regulated air contaminants,

b. operating procedures when related to emissions,

c. performance standards,

d. provisions relating to entry and inspections, and

e. compliance plans and schedules;

5. Require, if necessary, at the expense of the permittee or

applicant:

a. installation and utilization of continuous monitoring

devices,

b. sampling, testing and monitoring of emissions as

needed to determine compliance,

c. submission of reports and test results, and

d. ambient air modeling and monitoring;

6. Issue:

a. general permits covering similar sources, and

b. permits to sources in violation, when compliance

plans, which shall be enforceable by the Department,

are incorporated into the permit;

7. Require, at a minimum, that emission control devices on

stationary sources be reasonably maintained and properly operated;

8. Require that a permittee certify that the facility is in

compliance with all applicable requirements of the permit and to

promptly report any deviations therefrom to the Department;

9. Issue permits to sources requiring permits under Title V of

the Federal Clean Air Act for a term not to exceed five (5) years,

except that solid waste incinerators may be allowed a term of up to

twelve (12) years provided that the permit shall be reviewed no less

frequently than every five (5) years;

10. Specify requirements and conditions applicable to the

content and submittal of permit applications; set by rule, a

reasonable time in which the Department must determine the

completeness of such applications; and

11. Determine the form and content of emission inventories and

require their submittal by any source or potential source of air

contaminant emissions.

C. Rules of the Board may set limits below which a source of

air contaminants may be exempted from the requirement to obtain a

permit or to pay any fee. Any source so exempted, however, shall
termine the

completeness of such applications; and

11. Determine the form and content of emission inventories and

require their submittal by any source or potential source of air

contaminant emissions.

C. Rules of the Board may set limits below which a source of

air contaminants may be exempted from the requirement to obtain a

permit or to pay any fee. Any source so exempted, however, shall

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 111

remain under jurisdiction of the Department and shall be subject to

any applicable rules or general permit requirements. Such rules

shall not prohibit sawmill facilities from open burning any wood

waste resulting from the milling of untreated cottonwood lumber in

areas that have always attained ambient air quality standards.

D. To ensure against unreasonable delay on the part of the

Department, the failure of the Department to act in either the

issuance, denial or renewal of a permit in a reasonable time, as

determined by rule, shall be deemed to be a final permit action

solely for purpose of judicial review under the Administrative

Procedures Act, with regard to the applicant or any person who

participated in the public review process. The Supreme Court or the

district court, as the case may be, may require that action be taken

by the Department on the application without additional delay. No

permit, however, may be issued by default.

E. The Department shall notify, or require that any applicant

notify, all states whose air quality may be affected and that are

contiguous to the State of Oklahoma, or are within fifty (50) miles

of the source of each permit application or proposed permit for

those sources requiring permits under Title V of the Federal Clean

Air Act, and shall provide an opportunity for such states to submit

written recommendations respecting the issuance of the permit and

its terms and conditions.

F. No person, including but not limited to the applicant, shall

raise any reasonably ascertainable issue in any future proceeding,

unless the same issues have been raised and documented before the

close of the public comment period on the draft permit.

G. A change in ownership of any facility or source subject to

permitting requirements under this section shall not necessitate any

action by the Department not otherwise required by the Oklahoma

Clean Air Act. Any permit applicable to such source at the time of

transfer shall be enforceable in its entirety against the transferee

in the same manner as it would have been against the transferor, as

shall any requirement contained in any rule, or compliance schedule

set forth in any variance or order regarding or applicable to such

source. Provided, however, no transferee in good faith shall be

held liable for penalties for violations of the transferor unless

the transferee assumes all assets and liabilities through contract

or other means. For the purposes of this subsection, good faith

shall be construed to mean neither having actual knowledge of a

previous violation nor constructive knowledge which would lead a

reasonable person to know of the violation. It shall be the

responsibility of the transferor to notify the Department in writing

within thirty (30) days of the change in ownership.

H. Operating permits may be issued to new sources without

public review upon a proper determination by the Department that:

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 112

1. The construction permit was issued pursuant to the public

review requirements of the Code and rules promulgated thereunder;

and

2. The operating permit, as issued, does not differ from the

construction permit in any manner which would otherwise subject the

permit to public review.