2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-12-201. Promulgation of rules by Environmental Quality Board - Consistency with federal law.

A. The Environmental Quality Board shall promulgate rules governing lead-based paint services which will:
1. Enable any lead-based paint contractor meeting the standards and criteria established by the Board, including satisfactory completion of required training in applicable courses offered by Department of Environmental Quality-accredited training providers and programs or an out-of-state provider or program recognized and approved by the Department, to become certified by the Department;
2. Require that any lead-based paint reduction contractor, inspector or hazard evaluator or specialist performing or offering to perform lead-based paint services on target housing or child-occupied facilities is certified prior to the performance of any such service;
3. Ensure that persons holding themselves out to be certified lead-based paint contractors or certified lead-based paint specialists have been certified as such by the Department; and
4. Provide for accreditation of approved training providers and programs located in this state.
B. Such rules shall:
1. Contain standards for performing lead-based paint activities taking into account reliability, effectiveness and safety;
2. Contain specific requirements for the accreditation of lead-based paint training programs and the instructors of such programs including, but not limited to:
a.
minimum requirements for the accreditation of training providers,
b.
minimum training curriculum requirements,
c.
minimum training hour requirements,
d.
minimum hands-on training requirements,
e.
minimum trainee competency and proficiency requirements, and
f.
minimum requirements for training program quality control;
3. Set training requirements for certified lead-based paint contractors and lead-based paint specialists and require that such training be provided by Department-accredited training providers and programs, or by out-of-state providers and programs recognized and approved by the Department. Such requirements shall allow for differences in the training needs of such contractors and specialists in lead-based paint services in target housing and child-occupied facilities and in applicable state and municipal regulatory waste disposal requirements;
4. Provide that training requirements applicable to lead-based paint specialists establish minimum acceptable levels of training and periodic refresher training for each class of specialists;
5. Require that all lead-based paint training programs shall include, but not be limited to, a hands-on component and instruction on the health effects of lead exposure, the use of personal protective equipment, workplace hazards and safety problems, reduction and abatement methods and work practices, decontamination procedures, cleanup and waste disposal procedures, lead monitoring and on-site testing methods, and legal rights and responsibilities;
6. Set forth requirements for certification of lead-based paint contractors and specialists. Such requirements shall include, but are not limited to, applications therefor, bonding and education, training, examination and experience prerequisites;
7. Establish a system of training for all personnel who render review and inspection services for the Department in order to assure uniform statewide application of rules; and
8. Identify guidelines, based on federal regulations, for the determination of adverse human health effects posed by lead-based paint hazards.
C. Rules promulgated by the Board shall not apply to railroad bridges owned or leased by a railroad.
D. 1. The Board shall establish a system of nonrefundable fees to be charged for certification of lead-based paint contractors and specialists, accreditation of approved Oklahoma training programs and training providers, recognition and approval of out-of-state accredited training programs and training providers, any training or other program related to lead-based paint services conducted by the Department, and for services rendered by the Department in connection with such certification, accreditation, recognition and approval, and programs.
2. The Board shall base its schedule of fees upon the costs of services provided.
3. The state and political subdivisions thereof, shall be exempt from any certification fees required by rules of the Board if an affidavit is filed with the Department stating that the applicant is employed by the state or political subdivision thereof and shall only be performing lead-based paint services for the state or political subdivision employer. Any such employee who performs or offers to perform lead-based paint services as a certified lead-based paint contractor or specialist for persons other than his or her state or political subdivision employer shall be subject to certification fees upon such performance or offer.
E. Any rules promulgated by the Board shall be consistent with federal laws and regulations relating to lead-based paint services specified by the Residential Lead-based Paint Hazard Reduction Act of 1992, 42 U.S.C. 4851 et seq., Public Law No. 102-550, to ensure consistency in regulatory action. Such rules shall not be more restrictive than corresponding federal regulations unless such stringency is specifically authorized by this article. The Board shall have the right to revise its rules and procedures from time to time to assure that lead-based paint projects continue to be eligible for federal funding by meeting the state certification program standards and other requirements that may from time to time be promulgated by federal agencies that have jurisdiction over lead-based paint hazards.
Added by Laws 1994, c. 321, § 3, eff. July 1, 1994. Amended by Laws 1997, c. 114, § 2, emerg. eff. April 15, 1997.