A. The State Board of Agriculture shall have the authority to promulgate rules to implement the Oklahoma Agriculture Environmental Permitting Act for each tier that will to the greatest extent possible: 1. Enable applicants to follow a consistent application process; 2. Ensure that uniform public participation opportunities are offered; 3. Provide for uniformity in notices required of applicants; and 4. Set forth procedural application requirements. B. The rules shall designate applications as Tier I, II, or III and shall at a minimum be consistent with federal law. In making these determinations, the Board shall consider information and data offered on: 1. The significance of the potential impact of the type of activity on the environment; 2. The amount, volume, and types of waste proposed to be accepted, stored, treated, disposed, discharged, emitted, or land applied; 3. The degree of public concern traditionally connected with the type of activity; 4. The federal classification, if any, for the proposed activity, operation, or type of site or facility; and 5. Any other factors relevant to the determinations. C. For purposes of this section, the Board shall ensure that designations are, at a minimum, consistent with any analogous classifications set forth in applicable federal programs. D. The rules for each tier shall: 1. Set forth uniform procedures for filing an application; 2. Contain specific uniform requirements for each type of notice and public participation or hearing opportunities required by the Oklahoma Agriculture Environmental Permitting Act; 3. Contain other provisions needed to implement and administer the Oklahoma Agriculture Pollutant Discharge Elimination System Act; and 4. Designate positions to which the Director may delegate, in writing, the power and duty to issue, renew, amend, modify, and deny permits.
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