OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUA LITY LEAD

- BASED PAINT PROGRAM RENOVATION, REPAIR A ND PAINTING PROGRAM DESCRIPTION

INTRODUCTION

The Oklahoma D epartment of E nvironmental Q uality (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 O klahoma with the authority of the "Oklahoma LBP Management Act" (Act) , 27A O KLA S TAT

. ( O.S. ) § 2

- 12

- 101 et seq . The LBP Management Rules, O KLA

. A DMIN

. C ODE ( OAC ) 252:110

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- 1 et seq . (Chapter 110) were adopted to fulfill the mandates of the Act. The Chapt er 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.

P ublic rulemaking hearings for the adoption of the RRP program were held in conjunction with approval of the revised Chapter 1 10 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, t he Oklahoma LBP Management Rules (Rules) incorporate by re ference the federal accreditation requirements in 40 CFR 745.225

, except for those subsections that address application dates, accreditation deadlines, accreditedtraining 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 tra ining programs. In addition to the incorporations by reference, Oklahoma rules provide for provisional accreditation, OAC 252:110

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- 5. A stakeholder task force strongly recommended an on

- site evaluation of the training prior to issuing final accreditatio n 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

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- 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 a ccredited 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 progr am, 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 pr ogram 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 custom ers upon request. Increasingly, most of th is information can be obtained through the I nternet. 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 outrea ch 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. DE Q incorporated this federal rule by reference in OAC 252:110

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- 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 ren ewal of accreditation of training programs, and 745.225(f)(2), which refers to renewal accreditation deadlines. 27A O.S. 2

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- 303(D) establishes an annual renewal year for accreditations from September 1 through August 31. Likewise, accreditation timelin es are established inOAC 252:110

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- 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

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- 1, "Training programs s hall 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. Certificat ion 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 c ertified by the state usin g 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 E nvironmental P rogram S pecialists who can provide assistance and informati on. 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 i s 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 r epresentatives of the DEQ to enter, through consent or warrant, any private or public property where lead

based paint activities or training may occur to conduct inspections, take samples, and review records. Further, the Oklahoma LBP Management Act grant s 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

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- 202(B). DEQ has further addressed the issue of entrance for inspection purposes in OAC 252:110

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- 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 A ll environmental programs administered by DEQ are design ed 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

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

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- 506 ( D ) ). The aforementioned remedies are in addition to those found in other Oklahoma law, including crimina l 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

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- 502(A).

ii. Penalty authority The DEQ may issue Administrative Compliance Orders, which may inc lude 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

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- 502 ( B ) ). After notice and opportunity for an administr ative hearing, the DEQ may revoke, modify or suspend the holder ’ s license in part or in whole (27A O.S. § 2

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- 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

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- 504 ( A )( 4 ) ). Violations may be punished by monetary penalties assessed in administrative proceedings (27A O.S. § 2

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

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- 504 ( A )( 2 ) ), not to exceed $10,000.00 per day of nonco mpliance.

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

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- 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

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- 504 ( A )( 1 ) ). In addition, anyone who knowingly makes a false statement in, or omits material data from, any application for a permit, license, certific ate 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 misdemea nor and subject to a fine of not more than $5,000.00 for each such violation (27A O.S. § 2

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- 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 w illfulness and severity of the violation as well as the effect on human health and the environment.