Oklahoma Administrative Code
Title 252 - Department of Environmental Quality
Chapter 4 - Rules of Practice and Procedure
Subchapter 5 - Rulemaking
Section 252:4-5-8 - Board actions

(a) Referral. The Board may refer any rulemaking matter to the DEQ or an appropriate Council for review, comment or recommendation.

(b) Proposed permanent rules. The Board will not consider proposed permanent rules for adoption without the appropriate Council's recommendation except those rules for which no council has jurisdiction.

(c) Proposed emergency rules. The Board may adopt emergency rules without the advice of a Council in accordance with 27A O.S. § 2-2-101.

(d) Final language of rules. The rules adopted or repealed by the Board may vary from the Council recommendation except for rules recommended by the Air Quality Council. (See further, Oklahoma Clean Air Act at 27A O.S. § 2-5-106.)

(e) Remand. The Board may remand a Council's rulemaking recommendation for reconsideration.

(f) Notice to Council. The DEQ shall provide each Council with copies of emergency rules adopted by the Board without the Council's recommendation and of any rules adopted by the Board which vary from that Council's recommendation.