Addressee 

Dear Addressee: 

The U.S. Environmental Protection Agency (EPA) Region 6 is engaging your tribe in consultation and 

coordination regarding the program authorization for the Oklahoma Department of Environmental 

Quality (ODEQ). ODEQ intends to assume responsibility for the lead-based paint Renovation, Repair 

and Painting (RRP) and Pre-Renovation Education (PRE) programs. This action will not alter 

regulation of lead-based paint programs in Indian Country. EPA retains authority for implementation 

and enforcement of the RRP and PRE programs in Indian Country. 

We are establishing opportunities for formal as well as informal discussion throughout the consultation 

period. We hope that providing you this opportunity to discuss ODEQ's proposed plan for implementing 

the RRP and PRE programs in Oklahoma will answer any questions you have about the action. EPA 

anticipates ODEQ's formal request for authorization will be submitted in spring 2013. Upon our receipt 

of these documents, we will make them available to you as soon as possible. For your reference, please 

find enclosed a fact sheet on the program authorization and a projected consultation time line. The time 

line is tentative and dependent upon EPA's receipt ofODEQ's submittal. The consultation process will 

begin on March 21, 2013, and will end on the closing date of the public comment period announced in 

the Federal Register notice. 

We will begin our government to government consultation by holding a conference call on Thursday, 

April 11, 2013, from 10:00 am to 11:00 am CST. The conference call phone number is 866-299-3188 

and the access code is 2146657291#. On the call, we will describe the program authorization process 

that is required by federal law when any state or tribal entity requests authority to implement the 

renovation, repair and painting and pre-renovation education programs. We will explain the scope of 

this action and the anticipated schedule for EPA's program authorization review and decision making. 

We also will describe the opportunity for public comment. 

Tribal consultation will be conducted in accordance with the EPA Policy on Consultation and 

Coordination with Indian Tribes (www.epa.gov/tribal/consultation/consult-policy.htm). EPA Region 6 

invites you and your designated consultation representative(s) to participate in this process. 

2 
If you have any questions or wish to engage in government to government consultation, please contact 

me at (214) 665-7200 or Jeannine Hale, Office of Environmental Justice and Tribal Affairs director at 

(214) 665-2136. Should you wish to engage in consultation, we ask that you notify us by April21, 2013. 

For questions about this action or the RRP and PRE programs, your staff may contact Cindy Parker of 

my staff at (214) 665-7291. For questions about the consultation and coordination process, your staff 

may Christina Kracher at (214) 665-8054. 

Enclosures 

Sincerely yours, 

/s/ 

David F. Garcia 

Acting Director 

Multimedia Planning 

and Permitting Division 

Government to Government Projected Consultation and Coordination Timeline 

Fact Sheet on ODEQ Program Authorization 

Cc: Housing Director; Environmental Director 
Fact Sheet: Authorization of Lead-Based Paint Renovation, Repair and Painting Program and 

Lead-Based Paint Pre-Renovation Education Program to Oklahoma Department of 

Environmental Quality 

INTRODUCTION 

In light of the EPA's commitment to consultation and coordination with Indian Tribes, EPA Region 6 

extends this opportunity for Tribes to learn more about the below described federal action. ODEQ is 

currently authorized to administer and implement the lead-based paint abatement program, and is 

seeking program authorization for two separate programs: the renovation, repair and painting (RRP) 

program, and the pre-renovation education (PRE) program pursuant to 40 CFR § 745.324 Authorization 

of State or Tribal programs. The RRP program is directed to firms and individuals engaged in renovation 

and remodeling activities of pre-1978 housing and child-occupied facilities in the State of Oklahoma. 

The PRE program ensures that owners and occupants of target housing are provided information 

concerning potential hazards of lead-based paint exposure before certain renovations are begun. This 

action will not alter regulation of lead-based paint programs in Indian Country. Thus, EPA will retain 

authority for implementation and enforcement of the renovation, repair and painting program, and the 

pre-renovation education program, in Indian country. 1 

The Toxics Section of the Multimedia Planning & Permitting Division is the point of contact for 

program authorization and is collaborating with the Region 6 Office of Environmental Justice and Tribal 

Affairs to consult/coordinate with potentially affected Tribes regarding the Oklahoma Department of 

Environmental Quality's (ODEQ) program authorization for the lead-based paint renovation, repair and 

painting program (RRP), and the pre-renovation education (PRE) program. 

THE ACTION 

In 2011, ODEQ began pursuing authorization of the RRP and PRE programs. In 2012, the Oklahoma 

Legislature passed legislation authorizing fees associated with the RRP to be collected. We have been 

working collaboratively to assist ODEQ with their program authorization request. ODEQ has advised us 

they plan to self-certify. This means that ODEQ will transmit a letter to the EPA Administrator from the 

Oklahoma Governor or Attorney General certifying that Oklahoma's program is at least as protective of 

human health and the environment as the corresponding federal program. Under 40 CFR 745.324(a) an 

application for program authorization shall include a transmittal letter from the State Governor 

requesting program approval; a summary of the State program; a description of the State program; an 

Attorney General's statement certifying that the laws and regulations provide adequate legal authority to 

administer and enforce the State program; and copies of all applicable State statutes, regulations, 

standards and other materials that provide the State with the authority to administer and enforce a leadbased paint program. Under 40 CFR 745.324(d)(2), as of the date we receive Oklahoma's submittal, the 

ODEQ will be authorized to implement the RRP and PRE. Once an authorization package is approved, 

1 Cherokee Nation is the only Region 6 Tribe authorized to implement the lead abatement program; currently, no Tribes in 

Region 6 have applied for program authorization for the RRP. 
EPA will publish a federal register notice offering the opportunity for public comment for no less than 

45 days. 

CONTACT 

If you have any questions or wish to engage in government-to-government consultation, please contact 

me at (214) 665-7200 or Jeannine Hale, Office of Environmental Justice and Tribal Affairs Director, at 

(214) 665-2136. Should you wish to engage in consultation, we ask that you notify either me or 

Jeannine by May 23, 2013. For questions about the RRP and PRE programs, your staff may contact 

Cindy Parker of my staff at (214) 665-7291. For questions about the consultation and coordination 

process, your staff may contact Christina Kracher at (214) 665-8054. 
Proposed Consultation and Coordination Timeline 

Date Event Contact Information 

Ongoing Communication and Coordination Cindy Parker 

with tribal environmental staff. EPA Region 6 

Lead-Based Paint Program 

Multimedia Planning and Permitting 

EPA Region 6 Notification Letter Division 

Ongoing Offering Tribal Consultation and 

Coordination. Phone: 214.665.7291 

Email: Parker. Cindy@ epa. gov 

Christina Kracher 

April 25, 2013 Informational conference call with Office ofEnvironmental Justice and 

Tribes scheduled for 10:00 a.m. Tribal Affairs 

Federal Register Notice published; Phone: 214-665-8054 

TBD* start of Public Comment Period. Email: Kracher.Christina@epa.gov 

End of Public Comment Period and 

conclusion of Tribal Consultation 

TBD* period. In addition to Tribal 

consultation, Tribes can submit 

written comments on the action 

through the public comment period. 

*Updates to this timeline will be promptly provided. 

Title First Name Last Name Company Address Line 1 Address Line 2 City State ZIP Code 

Name 

Honorable George Blanchard, Absentee- 2025 South Shawnee OK 74801-9381 

Governor Shawnee Tribe Gordon Cooper 

of Indians of St. 

Oklahoma 

Honorable Tarpie Yargee, Chief Alabama-Quas P.O. Box 187 Wetumka OK 74883 

sarte Tribal 

r-I 

Town 

Donnie Cabaniss, Apache Tribe P.O. Box 1330 Anadarko OK 73005 

Chairman of Oklahoma 

Honorable Brenda S. Edwards, Caddo Nation P.O. Box 487 Binger OK 73009 

Chairperson of Oklahoma 

Honorable Bill John Baker, Cherokee P.O. Box 948 Tahlequah OK 74465 

Principal Chief Nation 

Honorable Janice Boswell, Cheyenne and P.O. Box 38 I Concho OK 73022 

Governor Arapaho 

Tribes, 

Oklahoma 

Honorable Bill Anoatubby, Chickasaw P.O. Box 1548 Ada OK 74821-1548 

Governor Nation 

Honorable Gregory E. Pyle, Chief Choctaw P.O. Box 1210 16th & Locust Durant OK 74702-1210 

Nation of Streets 

Oklahoma 

Honorable John A. Barrett, Citizen 1601 S Gordon Shawnee OK 74801 

Chairman Potawatomi Cooper Dr. 

Nation 

Honorable Wallace Coffey, Comanche P.O. Box 908 Lawton OK 73502 

Chairman Nation of 

Oklahoma 

Honorable CJ Watkins, Delaware P.O. Box 825 Anadarko OK 73005 

President Nation (West) 

Honorable Paula Pechonick, Delaware Tribe 170 NE Bartlesville OK 74006 

Chief of Indians Barbara 
Honorable Glenna J. Wallace, Chief Eastern P.O. Box 350 Seneca MO 64865 

Shawnee Tribe 

of Oklahoma 

Honorable Jeff Haozous, Fort Sill Route 2, Box Apache OK 73507 

Chairperson Apache Tribe 121 

of Oklahoma 

Honorable Janice Rowe-Kurak, Iowa Tribe of R.R. 1, Box 721 Perkins OK 74059 

Chairman Oklahoma 

Honorable Guy Munroe, Kaw Nation Drawer 50 Kaw City OK 74641 

Chairperson 

Honorable Tiger Hobia Kialegee Tribal Tribal Town P.O. Box 332 Wetumka OK 74883 

Town Mekko 

Honorable Gilbert Salazar, Kickapoo Tribe P.O. Box 70 Mcloud OK 74851 

Chairman of Oklahoma 

Honorable Amber Toppah, Kiowa Indian P.O. Box 369 Carnegie OK 73015 

Chairman Tribe of 

Oklahoma 

Honorable Thomas Gamble, Chief Miami Tribe of P.O. Box 1326 Miami OK 74355-1326 

Oklahoma 

Honorable Bill G. Follis, Chief Modoc Tribe of 418 G Street SE Miami OK 74354-8224 

Oklahoma 

Honorable George Tiger, Principal Musco gee P.O. Box 580 Okmulgee OK 74447 

Chief (Creek) Nation 

Honorable John Red Eagle, Principal Osage Nation Tribal P.O. Box 779 Pawhuska OK 74056 

Chief Administration 

Building 

Honorable John R. Shotton, Otoe-Missouri 8151 Highway Red Rock OK 74651 

Chairman a Tribe of 177 

Oklahoma 

Ethel E. Cook, Chief Ottawa Tribe P.O. Box 110 Miami OK 74355 

of Oklahoma 

Honorable Marshall Gover, Pawnee Nation P.O. Box 470 Pawnee OK 74058 

President of Oklahoma 
Honorable John P. Froman, Chief Peoria Tribe of P.O. Box 1527 Miami OK 74355 

Indians of 

Oklahoma 

Honorable Earl Howe Ill, Ponca Tribe of 20 White Eagle Ponca City OK 74601 

Chairman Indians of Drive 

Oklahoma 

~ Honorable John L. Berrey, Quapaw Tribe P.O. Box 765 Quapaw OK 74363 

Chairman of Oklahoma 

Honorable George Thurman, Sac & Fox Route2, Box Stroud OK 74079 

Principal Chief Nation 246 

Honorable Leonard Harjo, Principal Seminole P.O. Box 1498 Wewoka OK 74884 

Chief Nation of 

Oklahoma 

Honorable LeRoy Howard, Chief Seneca-Cayuga P.O. Box 1283 Miami OK 74355 

Tribe of 

Oklahoma 1 

Honorable Ron Sparkman, Shawnee Tribe 29 South Miami OK 74354 

Chairman Highway 89A 

Honorable George Scott, Mekko Thiopthlocco P.O. Box 188 Okemah OK 74859 

Tribal Town 

Honorable Donald Patterson, Tonkawa Tribe 1 Rush Buffalo Tonkawa OK 74653 

President of Indians of Road 

Oklahoma 

Honorable George Wickliffe, Chief United P.O. Box 746 Tahlequah OK 74465-0746 

Keetoowah 

Band of 

Cherokee 

Indians of 

Oklahoma 

Honorable Terri Parton, Wichita and P.O. Box 729 Anadarko OK 73005 

President Affiliated 

Tribes 

Honorable Billy Friend, Chief Wyandotte 64790 East Wyandotte OK 74370 

Nation Highway 60 
Honorable Bill John Baker, Inter Tribal P.O. Box 948 Tahlequah OK 74465 

l 

Principal Chief Environmental 

Council of l 1 Oklahoma 1 l l j