Certification
Compliance & Enforcement
Regarding DEQ's third party LBP certification exam, how can an applicant know which questions were answered incorrectly after the exam is graded in an effort to improve upon his/her mistakes?
DEQ has developed a database which tracks each question on the certification exam to one of several categories/types. The missed questions on each certification exam will be entered into this database. A report will be provided to each applicant, which lists the number of missed questions per category. The database will also allow DEQ to provide feedback to EPA in efforts to improve and update the national certification exams.
In order for DEQ to gain access to the national examination questions, DEQ certified that we would maintain the security and integrity of the testbanks. Given these security issues, DEQ does not have the capability of allowing applicants to review the actual exams.
Do state agencies who perform LBP services have to be certified?
Yes. OAC 252:110-11-1(b) and O.S. § 27A 2-12-201 A.2. require that anyone who performs or offers to perform a LBP service in Oklahoma must be certified by the DEQ.
Are certification renewal fees required every year?
Yes. Renewal certification fees must accompany a renewal certification application each year. The renewal period is from January 15 through March 31.
What determines who pays LBP certification fees and who is exempt from these fees?
According to the Oklahoma Lead-based Paint Management Act, § 27 A 2-12-201(D)(3), 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.
Will the renewal notices be provided by the DEQ?
Yes. OAC 252:110-11-6(a) states "As a service, the Department will mail certification renewal notices on or before January 15 of each year to persons and firms certified of record." DEQ staff will prepare and send these notices by January 15 as required.
Do all lead contaminated soil abatement projects have to be performed by LBP certified workers?
No. Some lead contaminated soil abatement projects, that are performed in accordance with the Resource Conservation and Recovery Act (RCRA), do not need to be performed by LBP certified abatement workers. Individuals and firms need to be certified through the LBP Program only when soil abatement activities are conducted at target housing and child occupied facilities. The preamble to 40 CFR 745 (Federal Register Vol. 61, No. 169, 45777) provides guidance on which soil abatement activities are managed by the Lead-Based Paint Program. If you have questions about RCRA managed abatement activities, contact the DEQ Land Protection Division at (405) 702-5100.
Do individuals performing LBP evaluation services for housing authorities and other federally funded housing have to be certified?
New HUD regulations became effective September 15, 2000 requiring that federally funded housing programs conduct evaluations to detect Lead-Based Paint (LBP) or LBP hazards. According to the HUD regulations and Oklahoma State Law, certified LBP professionals (inspectors or risk assessors) are required to perform such evaluations.
The Oklahoma Department of Environmental Quality (DEQ) has been responsible for certifying LBP professionals in Oklahoma since 1996. Because DEQ was among the Midwest's first state-administered LBP certification programs, we are fortunate to provide Oklahoma with an adequate pool of competent, experienced, well-equipped certified LBP professionals available for hire. As additional inspectors and risk assessors become certified, consult our web page www.deq.state.ok.us/AQDnew/lbp/lbplisting.htm for the latest lists.
As you implement HUD's new LBP regulations, please carefully consider all regulatory requirements and costs. Oklahoma LBP Management Rules (OAC 252:110-13-2) state "to confer reliability of clearance testing results, no individual inspector or risk assessor shall perform clearance testing for any individual or any other person with whom he has any economic relationship or other relationship that might create a conflict of interest." In a nutshell, this means that clearance testing on your projects should be performed by an independent 3 rd party. Note that this is different from federal requirements that allow clearance testing by the same company that performed the project. The DEQ is more stringent in this regard as a result of stakeholder input at the public hearing level of our rulemaking process.
One of the major costs is the testing equipment. An XRF analyzer is the most common portable lead detector initially costing $15,000-30,000 with additional annual maintenance, storage and radiation management expenses. Many of the DEQ-certified LBP professionals have already purchased XRF machinery and will travel anywhere within our State to provide LBP services. We urge you to take full advantage of our existing pool of LBP professionals to comply with DEQ and HUD regulations.
Can certified inspectors and risk assessors legally perform clearance examinations after renovations, if no prior LBP inspections or risk assessments are performed?
YES. The HUD LBP regulations that became effective on September 15, 2000, require clearance examinations after interim controls, paint stabilization, standard treatments, ongoing lead-based paint maintenance, or rehabilitation. According to the HUD LBP regulations, certified inspectors or risk assessors may perform clearance examinations after such activities, even if no LBP inspection was performed prior to those activities. The DEQ encourages the use of certified inspectors and risk assessors for clearance examinations. Likewise, certified LBP abatement supervisors and abatement workers, and individuals who have taken an accredited LBP abatement supervisor or worker course, may legally perform interim controls, paint stabilization, standard treatments, ongoing lead-based paint maintenance, and rehabilitation. Certified LBP abatement supervisors and workers must still perform all abatement activities where the terms of federal funds dictate a property will undergo LBP abatement.
Can a person take a Lead-Based Paint Project Designer course out of state and become certified in the state of Oklahoma since there are no accredited trainers who offer the course in Oklahoma?
Until DEQ accredits a Project Designer course in Oklahoma, a person may take the course out-of state and apply for Oklahoma certification. DEQ does require documentation that the out-of-state course used EPA model curriculum. All other certification regulations applicable to the project designer discipline under Chapter 110 will also apply. Once DEQ accredits a Project Designer course, all regulations under 252:110 will apply. To become certified in Oklahoma after that date, the applicant must complete an initial Project Designer course from the Oklahoma accredited trainer.
What if an Oklahoma certified Project Designer wishes to renew their certification; may they take a refresher course out-of-state also?
If there is no Oklahoma accredited refresher course for Project Designer, the certified Project Designer may take the course out-of-state from an EPA model curriculum program. Once the refresher course is offered by an Oklahoma accredited trainer all regulations under 252:110 will apply and the contractor will then need to take renewal courses from the Oklahoma accredited trainer.
If someone currently holds LBP certification in another state, how does that person get certified to perform LBP services in the state of Oklahoma?
According to Oklahoma LBP Management Rules, OAC 252:110, there are two ways for people currently certified in another state to become certified in Oklahoma.
First, they can follow the initial certification process:
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Take the discipline specific LBP initial course from an Oklahoma accredited training provider.
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Submit an initial application with initial application fees.
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Pass the 3rd party EPA exam and pay exam fees (if discipline requires test).
Second, they can choose to apply using a current certification issued by another state and follow the process below:
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Take the discipline specific LBP refresher course from an Oklahoma accredited training provider, (these courses are usually offered in January, February, and March).
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Submit an initial application with initial application fees.
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Pay the equivalency review fee, $500.
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Pass the 3rd party EPA exam and pay exam fees (if discipline requires test).
DEQ LBP Management Rules 252:110-11-7 states that initial training requirements may be waived except for the refresher training course. The applicant must also satisfy all requirements in 252:110-7-4 and documentation of the certification and of completed training and other services required by the certifying state or agency, copies of the certifying state's or agency's certification requirements, and the name, address and telephone number of an individual responsible for the other certification program. In addition, 252:110-11-9 states applicants requesting approval of LBP certification from another state, an equivalency review fee of $500.00 per certification shall be assessed upon application in addition to the certification fees."
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