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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1246 By: Rader
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Environmental Quality
7 Code; amending 27A O.S. 2021, Sections 2-14-103, 2-
8 14-301, 2-14-302, 2-14-303, and 2-14-304, which
8 relate to the Oklahoma Uniform Environmental
9 Permitting Act; modifying definitions; modifying
9 requirements and procedures for certain
10 notifications; requiring certain information be made
10 available online; modifying time frame for which
11 certain meetings are held; modifying time frame for
11 which certain response is prepared; modifying
12 provisions for certain administrative hearing;
12 updating statutory language; and providing an
13 effective date.
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1 6 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 27A O.S. 2021, Section 2-14-103,
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1 8 is amended to read as follows:
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19 Section 2-14-103. For the purposes of the Oklahoma Uniform
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2 0 Environmental Permitting Act:
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21 1. "Application" means a document or set of documents, filed
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2 2 with the Department of Environmental Quality for the purpose of
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2 3 receiving a permit or the modification, amendment, or renewal
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2 4 thereof from the Department. "Application" Application includes any
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1 subsequent additions, revisions, or modifications submitted to the
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2 Department which supplement, correct, or amend a pending
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3 application;
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4 2. "Council" means any advisory council authorized by the
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5 Legislature to recommend rules to the Environmental Quality Board;
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6 3. "Draft permit" means a draft document prepared by the
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7 Department after it has found a Tier II or III application for a
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8 permit to be administratively and technically complete, pursuant to
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9 the requirements of the Oklahoma Environmental Quality Code and
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1 0 rules promulgated thereunder, and that such application may warrant
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1 1 the issuance, modification, or renewal of the permit;
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12 4. "Permit" means a permission required by law and issued by
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1 3 the Department, the application for which has been classified as
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1 4 Tier I, II, or III by the Board. The term "permit" includes but is
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1 5 not limited to:
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16 a. specific types of permits and other Department
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17 authorizations including certifications,
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18 registrations, licenses, and plan approvals, and
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19 b. an approved variance from a promulgated rule; however,
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20 for existing facilities the Department may require
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21 additional notice and public participation
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22 opportunities for variances posing the potential for
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23 increased risk;
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1 5. "Process meeting" means a meeting open to the public which
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2 is held by the Department to explain the permitting process and the
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3 public participation opportunities applicable to a specific Tier III
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4 application;
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5 6. "Proposed permit" means a document, based on a draft permit
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6 and prepared by the Department after consideration of comments
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7 received on the draft permit, which indicates the Department's
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8 decision to issue a final permit pending the outcome of an
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9 administrative permit hearing, if any;
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10 7. 6. "Qualified interest group" means any organization with
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1 1 twenty-five or more members who are Oklahoma residents of this
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1 2 state;
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13 8. 7. "Response to comments" means a document prepared by the
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1 4 Department after its review of timely comments received on a draft
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1 5 denial or draft permit pursuant to public comment opportunities
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1 6 which:
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17 a. specifies any provisions of the draft permit that were
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18 changed in the proposed or final permit and the
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19 reasons for such changes, and
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20 b. briefly describes and responds to all significant
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21 comments raised during the public comment period or
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22 formal public meeting about the draft denial or draft
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23 permit;
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1 9. 8. "Tier I" means a basic process of permitting which
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2 includes application, notice to the landowner, and Department
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3 review. For the Tier I process a permit shall be issued or denied
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4 by a technical supervisor of the reviewing Division, a local
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5 representative of the Department, or the chief engineer of the
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6 Department provided such authority has been delegated thereto by the
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7 Executive Director;
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8 10. 9. "Tier II" means a secondary process of permitting which
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9 includes:
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10 a. the Tier I process,
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11 b. published notice of application filing that contains
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12 information on how the public may view documents,
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13 subscribe to updates, and receive electronic notice of
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14 public participation opportunities related to the
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15 pending application and agency decision,
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16 c. preparation of draft permit or draft denial,
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17 d. published notice electronic notification and
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18 publication of draft permit or draft denial on the
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19 Electronic Environmental Permit Application Docket on
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20 the Department's website and opportunity for a formal
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21 public meeting, and
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22 e. public meeting, if any, and
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23 f. preparation of the Department's response to comments,
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24 if any.
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1 For the Tier II process, a permit shall be issued or denied by the
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2 Director of the reviewing Division or the chief engineer of the
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3 Department provided such authority has been delegated thereto by the
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4 Executive Director; and
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5 11. 10. "Tier III" means an expanded process of permitting
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6 which includes:
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7 a. the Tier II process except the notice of filing shall
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8 also include an opportunity for a process meeting,
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9 b. preparation of the Department's response to comments,
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10 and
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11 c. denial of application or preparation of a proposed
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12 permit, or
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13 d. preparation of a proposed permit, published notice of
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14 availability of proposed permit and response to
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15 comments and of opportunity for an administrative
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16 permit hearing;
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17 c. electronic notification and publication of denial of
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18 application or proposed permit, response to comments,
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19 and opportunity for an administrative permit hearing
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20 on the Electronic Environmental Permit Application
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21 Docket on the Department's website, and
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22 d. administrative permit hearing, if any.
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2 3 For the Tier III process a permit shall be issued or denied by the
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2 4 Executive Director.
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1 SECTION 2. AMENDATORY 27A O.S. 2021, Section 2-14-301,
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2 is amended to read as follows:
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3 Section 2-14-301. A. Upon In addition to any other
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4 notification requirement imposed by law, upon filing a Tier II or
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5 III application with the Department of Environmental Quality, the
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6 applicant shall publish notice of the filing as legal notice in one
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7 newspaper of general circulation local to the proposed new site or
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8 existing facility once a week for two (2) consecutive weeks and
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9 notify all adjacent property owners in writing. The publication
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1 0 shall identify locations where the application may be reviewed,
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1 1 including a location in the county where the proposed new site or
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1 2 existing facility is located direct the public to the Electronic
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1 3 Environmental Permit Application Docket on the Department's website
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1 4 where the public may view documents related to the pending
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1 5 application and subscribe to receive electronic notice of public
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1 6 participation opportunities and receive updates on other actions
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1 7 related to the pending application. The Department shall maintain
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1 8 documents related to the pending application on the Electronic
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1 9 Environmental Permit Application Docket on the Department's website
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2 0 until the decision on issuance or denial of any pending permit
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2 1 application becomes final.
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22 B. For Tier III applications, the publication shall also
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2 3 include notice of a thirty-day opportunity to request, or give the
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2 4 date, time and place for, a process meeting on the permitting
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1 process. If the Department receives timely request and determines
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2 that a significant degree of public interest in the application
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3 exists, it shall schedule and hold such meeting. The applicant
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4 shall be entitled to attend the meeting and may make a brief
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5 presentation on the permit request. Any local community meeting to
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6 be held by the applicant on the proposed facility or activity for
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7 which a permit is sought may, with the agreement of the Department
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8 and the applicant, be combined with the process meeting authorized
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9 by this paragraph.
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10 C. The provisions of this section shall not stay the
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1 1 Department's review of the application.
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12 SECTION 3. AMENDATORY 27A O.S. 2021, Section 2-14-302,
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1 3 is amended to read as follows:
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14 Section 2-14-302. A. Upon conclusion of its technical review
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1 5 of a Tier II or III application within the permitting timeframes
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1 6 time frames established by rules promulgated by the Environmental
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1 7 Quality Board, the Department of Environmental Quality shall prepare
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1 8 a draft denial or draft permit.
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19 1. Notice of a draft denial or draft permit shall be given by
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2 0 the Department and notice of a draft permit shall be given by the
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2 1 applicant on the Department's website.
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22 2. Notice of the draft denial or draft permit shall be
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2 3 published as legal notice in one newspaper local to the proposed new
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2 4 site or existing facility. The notice shall identify places where
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1 the draft denial or draft permit may be reviewed, including a
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2 location in the county where the proposed new site or existing
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3 facility is located, and shall provide for a set time period for
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4 public comment and for the opportunity to request a formal public
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5 meeting on the respective draft denial or draft permit posted on the
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6 Electronic Environmental Permit Application Docket on the
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7 Department's website and provided to the applicant and those who
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8 subscribed to receive notifications. The notice shall provide for a
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9 set time period for public comment and for the opportunity to
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1 0 request a formal public meeting on the respective draft denial or
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1 1 draft permit. Such time period shall be set at thirty (30) days
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1 2 after the date the notice is published posted unless a longer time
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1 3 is required by federal regulations promulgated as rules by the
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1 4 Board. In lieu of the notice of opportunity to request a public
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1 5 meeting, notice of the date, time, and place of a public meeting may
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1 6 be given, if previously scheduled.
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17 B. Upon the publication of notice notification of a draft
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1 8 permit, the applicant Department shall make the draft permit and the
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1 9 application, except for proprietary provisions otherwise protected
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2 0 by law, available for public review at a location in the county
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2 1 where the proposed new site or existing facility is located on the
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2 2 Electronic Environmental Permit Application Docket on the
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2 3 Department's website.
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1 SECTION 4. AMENDATORY 27A O.S. 2021, Section 2-14-303,
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2 is amended to read as follows:
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3 Section 2-14-303. The Department of Environmental Quality shall
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4 expeditiously schedule and hold a formal public meeting if the
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5 Department receives written timely request for such meeting,
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6 pursuant to the provisions of Section 2-14-302 of this title, and
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7 determines there is a significant degree of public interest in the
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8 draft denial or draft permit.
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9 1. Notice of the meeting shall be given to the public posted on
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1 0 the Electronic Environmental Permit Application Docket on the
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1 1 Department's website and provided to the applicant and those who
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1 2 subscribed to receive notifications at least thirty (30) days prior
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1 3 to the meeting date.
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14 2. The public meeting shall be held at a location convenient to
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1 5 and near the proposed new site or existing facility not more than
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1 6 one hundred twenty (120) seventy-five (75) days after the date
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1 7 notice of the draft denial or draft permit was published issued
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1 8 unless the applicant requests a longer period to prepare for the
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1 9 public meeting.
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20 3. At the meeting, any person may submit oral or written
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2 1 statements and data concerning the draft denial or draft permit.
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2 2 Reasonable limits may be set upon the time allowed for oral
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2 3 statements.
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1 4. The public comment period shall automatically be extended to
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2 the close of the public meeting. Upon good cause shown, the
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3 presiding officer may extend the comment period further to a date
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4 certain by so stating at the meeting.
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5 5. Such meeting shall not be a quasi-judicial proceeding.
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6 6. The applicant or a representative of the applicant shall be
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7 present at the meeting to respond to questions.
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8 SECTION 5. AMENDATORY 27A O.S. 2021, Section 2-14-304,
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9 is amended to read as follows:
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10 Section 2-14-304. A. For draft permits or draft denials for
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1 1 Tier II applications on which no comment or public meeting request
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1 2 was timely received and on which no public meeting was held, the
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1 3 final permit shall be issued or denied.
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14 B. For draft permits or draft denials for Tier II applications
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1 5 on which comment or a public meeting request was timely received or
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1 6 on which a public meeting was held, the Department of Environmental
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1 7 Quality, after considering the comments, shall prepare a response to
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1 8 comments and issue the draft permit as is or as amended or make
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1 9 final denial.
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20 The response to comments shall be prepared within ninety (90)
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2 1 forty-five (45) days after the close of the public comment period
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2 2 unless extended by the Executive Director upon a determination that
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2 3 additional time is required due to circumstances outside the control
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2 4 of the Department. Such circumstances may include, but shall not be
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1 limited to, an act of God, a substantial and unexpected increase in
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2 the number of applications filed, an unusually large number of
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3 public comments, unusually lengthy public comments that require
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4 extensive technical responses, additional review duties imposed on
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5 the Department from an outside source, or outside review by a
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6 federal agency.
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7 C. For a draft permit or draft denial for a Tier III
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8 application, after the public comment period and the public meeting,
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9 if any, the Department shall prepare a response to comments and
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1 0 either issue a final denial in accordance with paragraph 2 of this
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1 1 subsection or prepare a proposed permit.
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12 1. When a proposed permit is prepared, the applicant Department
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1 3 shall publish post notice, as legal notice in one newspaper local to
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1 4 the proposed new site or existing facility, of the Department's
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1 5 tentative decision to issue the permit on the Electronic
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1 6 Environmental Permit Application Docket on the Department's website
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1 7 and provide notice to the applicant and those who subscribed to
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1 8 receive notifications on the permit application. Such notice shall
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1 9 identify the places where the proposed permit and the Department's
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2 0 response to comments may be reviewed, including a location in the
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2 1 county where the proposed new site or existing facility is located
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2 2 and shall offer a twenty-day fifteen-day opportunity to request an
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2 3 administrative hearing to participate in as a party. The
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2 4 opportunity to request a hearing shall be available to the applicant
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1 and any person or qualified interest group who claims to hold a
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2 demonstrable environmental interest and who alleges that the
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3 construction or operation of the proposed facility or activity would
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4 directly and adversely affect such interest.
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5 If no written administrative hearing request is received by the
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6 Department by the end of twenty (20) fifteen (15) days after the
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7 publication date of the notice, the final permit shall be issued.
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8 2. If the Department's final decision is to deny the permit, it
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9 shall give notice to the applicant and issue a final denial in
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1 0 accordance with subsection F of this section.
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11 D. When an administrative hearing is timely requested on a
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1 2 proposed permit in accordance with subsection C of this section, all
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1 3 timely requests shall be combined in a single hearing. The hearing
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1 4 shall be a quasi-judicial proceeding and shall be conducted by an
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1 5 Administrative Law Judge administrative law judge in accordance with
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1 6 Article 2 of the Administrative Procedures Act, the Oklahoma
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1 7 Environmental Quality Code and rules promulgated by the
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1 8 Environmental Quality Board.
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19 1. The applicant shall be a party to the hearing.
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20 2. The Department shall schedule hold a prehearing conference
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2 1 within sixty (60) forty-five (45) days after the end of the hearing
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2 2 request period.
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23 3. The Department shall move expeditiously to an evidentiary
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2 4 proceeding in which parties shall have the right to present evidence
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1 before the Department on whether the proposed permit and the
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2 technical data, models and analyses, and information in the
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3 application upon which the proposed permit is based are in
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4 substantial compliance with applicable provisions of the Code and
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5 rules promulgated thereunder and whether the proposed permit should
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6 be issued as is, amended and issued, or denied.
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7 4. Failure of any party to participate in the administrative
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8 proceeding with good faith and diligence may result in a default
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9 judgment with regard to that party; provided, however, that no final
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1 0 permit shall be issued solely on the basis of any such judgment.
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11 E. If the Department decides to reverse its initial draft
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1 2 decision, it shall withdraw the draft denial or draft permit and
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1 3 prepare a draft permit or draft denial, as appropriate. Notice of
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1 4 the withdrawal of the original draft and preparation of the revised
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1 5 draft shall be given as provided in Section 2-14-302 of this title.
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1 6 The Department shall then re-open reopen the comment period and
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1 7 provide additional opportunity for a formal public meeting on the
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1 8 revised draft as described in Section 2-14-303 of this title.
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19 F. Upon final issuance or denial of a permit for a Tier III
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2 0 application, the Department shall provide public notice notification
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2 1 of the final permit decision and the availability of the response to
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2 2 comments, if any.
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1 G. Any appeal of a Tier III final permit decision or any final
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2 order connected therewith shall be made in accordance with the
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3 provisions of the Code and the Administrative Procedures Act.
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4 H. Any applicant, within ten (10) days after final denial of
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5 the application for a new original permit on which no final order
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6 was issued, may petition the Department for reconsideration on the
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7 grounds stated in subsection A of Section 317 of Title 75 of the
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8 Oklahoma Statutes as if the denial was an order. Disposition of the
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9 petition shall be by order of the Executive Director according to
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1 0 subsections B and D of Section 317 of Title 75 of the Oklahoma
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1 1 Statutes.
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12 SECTION 6. This act shall become effective November 1, 2026.
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Req. No. 2812 Page 14Every fact on this page links to its source, starting with the official bill record.