OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY

LEAD-BASED PAINT PROGRAM

RENOVATION, REPAIR AND PAINTING PROGRAM DESCRIPTION

INTRODUCTION

The Oklahoma Department of Environmental Quality (DEQ) submits this application with the 

intent of self-certifying for authorization of the federal Renovation, Repair and Painting (RRP) 

program, along with the Pre-Renovation Education program. The Department of Environmental 

Quality (DEQ) currently administers a comprehensive lead-based paint (LBP) management 

program in Oklahoma with the authority of the "Oklahoma LBP Management Act" (Act), 27A 

OKLA STAT. (O.S.) § 2-12-101 et seq. The LBP Management Rules, OKLA. ADMIN. CODE

(OAC) 252:110-1-1 et seq. (Chapter 110) were adopted to fulfill the mandates of the Act. The 

Chapter 110 rules establish mechanisms for certification of individuals and firms, accreditation 

of training providers, and implementation of performance standards for LBP services. Chapter 

110 was updated, and a new Subchapter 15 was added in 2012 to allow the DEQ to seek 

delegation of the RRP program.

In general, the RRP provisions in 40 CFR Part 745 Subpart E were incorporated by reference

into the Oklahoma Administrative Code. The items not incorporated by reference are those that 

are otherwise mandated by the Act, or that were modified to blend the RRP program into the 

existing state program. The differences are minor and all concern the accreditation of training 

providers.

DESCRIPTION OF PROGRAM

The LBP/RRP program is administered by the Air Quality Division of the DEQ. The point of 

contact for this program is Randall Ward, Environmental Programs Manager, who can be 

reached by mail at Oklahoma Department of Environmental Quality, Air Quality Division, P.O. 

Box 1677, 707 N. Robinson, Oklahoma City, OK 73101-1677, by telephone at (405) 702-4128

or by fax at (405) 702-4101. 

Public rulemaking hearings for the adoption of the RRP program were held in conjunction with 

approval of the revised Chapter 110 rules, and the rules were affirmatively approved by the 

Oklahoma State Legislature and the Governor on May 1, 2012. Public hearings were noticed in 

accordance with the Oklahoma Administrative Procedures Act, and were held on January 19, 

2011; July 20, 2011; and October 5, 2011 before the Oklahoma Air Quality Council. The rules 

were approved by the Council on October 5, 2011, and after another public hearing on February 

24, 2012 were approved by Oklahoma Environmental Quality Board. 

The Air Quality Division (AQD) has existed (within the Oklahoma State Department of Health 

and later within the DEQ) since 1971. The LBP Program is administered by the AQD and 

staffed by the Technical Resources and Projects Section. The various LBP program duties 

(enforcement, compliance, inspections, certification, accreditation, public education) are 

accomplished through the efforts of three full-time equivalent employees. 

For both LBP activity training and the RRP training, the Oklahoma LBP Management Rules 

(Rules) incorporate by reference the federal accreditation requirements in 40 CFR 745.225, 

except for those subsections that address application dates, accreditation deadlines, accredited 
training courses, programs that offer only refresher courses, renewal timelines, and renewal 

deadlines. In addition to providing the various dates, timelines and deadlines not incorporated by 

reference from the federal rule, the Rules limit accreditation to educational institutions and 

government agencies that offer ongoing and continuous LBP training programs. In addition to 

the incorporations by reference, Oklahoma rules provide for provisional accreditation, OAC 

252:110-9-5. A stakeholder task force strongly recommended an on-site evaluation of the 

training prior to issuing final accreditation in order to ensure that the training organization 

operates according to the information given in the accreditation application. Provisional 

accreditation allows the training facility to provide training under the conditions outlined in OAC 

252:110-9-5. EPA rules do not provide for an on-site evaluation of the training program prior to 

the issuance of final accreditation. Therefore, Oklahoma’s provisional accreditation is 

essentially equivalent to EPA’s final accreditation. DEQ further ensures quality training by 

requiring an on-site evaluation before final accreditation is issued. 

Refresher courses can be accredited only if the training program has received accreditation for 

the initial discipline-specific training course. Programs that have been accredited by another 

state or agency must apply for and receive accreditation from DEQ before conducting or 

advertising a training course in Oklahoma. An accredited training program must notify the DEQ 

of course offerings, significant changes in the program, course cancellations, and personnel 

changes. Annual renewal is required and is based on documented implementation of compliance 

updates as well as satisfactory course and instructor evaluations.

The Oklahoma RRP program is identical to the federal program except for the accreditation 

requirements.

PROGRAM ELEMENTS

a. Public Information and Outreach

Program information (applications, regulations, statutes, lists of certified contractors, 

educational materials, etc.) is mailed to customers upon request. Increasingly, most of 

this information can be obtained through the Internet. The LBP Program pages are 

contained in the “Air Quality” subset of the DEQ Home Page

(http:\\www.deq.state.ok.us). As program resources allow, and dependent on public 

demand, public outreach and education activities are performed.

b. Accreditation of Training Providers

The federal program for accreditation of LBP training providers is established in 40 CFR 

745.225. DEQ incorporated this federal rule by reference in OAC 252:110-5-1(2) with 

the following exceptions. 

745.225(a)(2), which refers to application dates.

745.225(a)(3), which refers to accreditation deadlines,

745.225(f)(1), which refers to timelines for renewal of accreditation of training programs, 

and

745.225(f)(2), which refers to renewal accreditation deadlines.

27A O.S. 2-12-303(D) establishes an annual renewal year for accreditations from 

September 1 through August 31. Likewise, accreditation timelines are established in 
OAC 252:110-7-2(c). In addition to incorporating by reference 745.225(f)(3) and (f)(4), 

DEQ provides criteria for re-accreditation of training programs at OAC 252:110-9-7.

745.225(b)(3), which refers to accredited training courses, and 

745.225(e)(5), which refers to training programs offering refresher training courses.

These federal rules permit a training program to offer refresher courses only. Per the 

eligibility requirements established in OAC 252:110-9-1, "Training programs shall not 

receive accreditation for a refresher course if they do not also receive accreditation for 

the discipline-specific initial training course." This section also limits accreditation to 

“educational institutions and government agencies”.

c. Certification of Individuals and Firms

Under the federal RRP program as incorporated by reference in the Oklahoma 

regulations, individuals receive their certification by completing courses at accredited 

training providers. RRP firms are certified by the state using the federal procedure 

except for the transition period from EPA to Oklahoma delegation. In that period, EPA 

certified firms may transfer their certification to Oklahoma without payment of fees until 

the certification expires.

d. Enforcement and Compliance

The Oklahoma RRP program will rely heavily upon DEQ’s Complaints system. Since 

1993 the state-wide complaints program has allowed citizens access to a toll-free hotline 

and local Environmental Program Specialists who can provide assistance and 

information. The complaints system is also important to the LBP activities programs as it 

allows industry competitors access to an anonymous reporting system.

Although the DEQ prefers education and compliance assistance for small businesses, the 

LBP/ RRP program is fully supported by the DEQ’s enforcement authority. DEQ has the 

statutory authority to perform inspections, pursue enforcement actions, and assess 

penalties. 

Authority to Enter

State law (27A O.S. §2-3-501) grants the authority for duly authorized representatives of 

the DEQ to enter, through consent or warrant, any private or public property where leadbased paint activities or training may occur to conduct inspections, take samples, and 

review records. Further, the Oklahoma LBP Management Act grants DEQ the power to 

enforce the rules, collect samples for enforcement purposes, and otherwise exercise the 

incidental powers necessary for enforcement. See 27A O.S. §2-12-202(B). DEQ has 

further addressed the issue of entrance for inspection purposes in OAC 252:110-7-3(c), 

whereby holders of DEQ issued "authorizations" (such as certifications and 

accreditations) have a duty to allow DEQ representatives the right to inspect.

Enforcement Remedies

All environmental programs administered by DEQ are designed to focus agency efforts 

on assisting the regulated community with the common goal of compliance with 

environmental regulations. Article III, Part 5 of the "Oklahoma Environmental Quality 

Code," (27A O.S. §2-1-102, et seq.), provides for the general enforcement of the DEQ 
rules, permits, and orders and extends to all programs administered by the DEQ (27A 

O.S. §2-3-506(D)). The aforementioned remedies are in addition to those found in other 

Oklahoma law, including criminal statutes contained in Title 21 of the Oklahoma 

Statutes. The civil enforcement remedies include:

i. Letters and notices

Notices of Violation. 27A O.S. §2-3-502(A).

ii. Penalty authority 

The DEQ may issue Administrative Compliance Orders, which may include 

administrative penalties for past violations and stipulated penalties for violations 

of Orders, and which may specify compliance requirements and schedules and/or 

corrective action (27A O.S. §2-3-502(B)). After notice and opportunity for an 

administrative hearing, the DEQ may revoke, modify or suspend the holder’s 

license in part or in whole (27A O.S. §2-3-502(D)). The DEQ may also seek 

injunctive relief to compel compliance with or prevent violation of any section of 

the Code or any license or order issued pursuant thereto (27A O.S. §2-3-

504(A)(4)). Violations may be punished by monetary penalties assessed in 

administrative proceedings (27A O.S. §2-3-502(K)), or in civil proceedings (27A 

O.S. §2-3-504(A)(2)), not to exceed $10,000.00 per day of noncompliance. 

iii. Criminal authority

The DEQ may request either the Attorney General or the district attorney of the 

appropriate district court of Oklahoma to criminally prosecute anyone who 

violates the Code, rules promulgated thereunder, or orders issued, or conditions of 

permits, licenses, certificates or other authorizations prescribed pursuant thereto 

(27A O.S. §2-3-504(I)). Such violations are misdemeanors, punishable by a fine 

of not less than $200.00 for each violation and not more than $10,000.00 for each 

violation and/or by imprisonment in the county jail for not more than six months 

(27A O.S. §2-3-504(A)(1)). In addition, anyone who knowingly makes a false 

statement in, or omits material data from, any application for a permit, license, 

certificate or other authorization, or any notice, analyses or report required by the 

Code, rules promulgated thereunder, or permit, license, certificate or other 

authorization issued pursuant thereto, or who knowingly alters any sample may be 

guilty of a misdemeanor and subject to a fine of not more than $5,000.00 for each 

such violation (27A O.S. §2-3-505). Criminal sanctions may also be imposed 

pursuant to Oklahoma’s Penal Code. For example, persons who make false 

statements when advertising a service can be guilty of a misdemeanor under 21 

O.S. §1502. Whether a violation will be recommended for criminal prosecution is 

a case-by-case decision to be based upon the willfulness and severity of the 

violation as well as the effect on human health and the environment.