SECTION 165:10-10-5. The Commission's Brownfield program process

(a)   Pre-application informational exchange. The applicant may want to consider a pre-application conference by telephone, e-mail, mail, or in person with Brownfield staff. During the pre-application conference the applicant will be advised about what information is necessary in order for Brownfield staff to determine whether the applicant and the applicant's site are eligible for the Brownfield program.

(b)   Brownfield eligibility determination. All applicants and properties must meet federal and state Brownfield eligibility requirements. Commission standards and practices in effect at the time the application is filed will also be considered in determining whether eligibility requirements have been satisfied.

(c)   Brownfield program application.

(1)   Applicants for the Brownfield program, except for sites submitted by Commission field inspectors, will be required to submit an Application for Brownfield Program Eligibility form, an Application for Brownfield Site Eligibility and Assessment form and any required documentation to show they are eligible.

(2)   The OERB Voluntary Environmental Program has sole discretion in determining whether it is to apply to the Commission's Brownfield program regarding abandoned exploration and production (E & P) sites which have been submitted to the OERB for consideration under its program which is limited to surface restoration. The site must meet the definition of a Brownfield property in OAC 165:10-10-2.

(3)   When a non-RP wants to apply to remediate a property under the Brownfield program, the applicant must certify by affidavit that it owns the property or has a current lease or easement which is given to accomplish the remediation, or if it does not, has provided legal notice to the property owner of applicant's desire to remediate the site.

(4)   Applicant must notify the Brownfield staff in writing of any litigation the Applicant has knowledge of concerning the site which has concluded or is pending, and any information concerning outstanding judgments, liens, tax levies, etc. filed of record at the time the application is filed or which is filed after applicant submits its application to the Commission and prior to final Commission action regarding the site.

(5)   Completed applications must be sent to the following address: Oklahoma Corporation Commission, Oil and Gas Conservation Division, Brownfield Program, P.O. Box 52000, Oklahoma City, OK 73152-2000.

(d)   Notification of application status. Subsequent to acceptance of an application, Brownfield staff will issue a letter to the applicant adding the site to the Brownfield site list (requirements for this list are in 165:10-10-7). If an application is denied by Brownfield staff, staff will promptly provide applicant with a written statement of the reasons for such denial.

(e)   Site assessments and/or remediation. Refer to 165:10-10-9.

(f)   Public participation. Refer to 165:10-10-10 through 165:10-10-11.

(g)   Brownfield site closure. Refer to 165:10-10-12 and 165:10-10-14.

(h)   Brownfield Certificates. Refer to 165:10-10-13.

[Source: Added at 25 Ok Reg 2187, eff 7-11-08; Amended at 33 Ok Reg 593, eff 8-25-16]