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Certification
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.
OAC 252:110-11-4(a) states that certification exams are
required every third year. From what date does the three-year certification
testing cycle start?
The three-year testing cycle is based on the certification year
(from April - March). If a certification exam was taken for the
1997-1998 certification cycle, another examination would be required
before renewal in the 2000-2001 certification cycle.
Are certification renewal fees required every year?
Yes. Renewal certification fees must accompany a renewal certification
application each year.
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 re-examination/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 certified LBP abatement 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/air1/LBP/lbp.html
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 3rd 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:
1. Take the discipline specific LBP initial course from an Oklahoma
accredited training provider.
2. Submit an initial application with initial application fees.
3. 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:
1. Take the discipline specific LBP refresher course from an Oklahoma
accredited training provider, (these courses are usually offered
in January, February, and March).
2. Submit an initial application with initial application fees.
3. Pay the equivalency review fee, $500.
4. 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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Accreditation/Training
In the past it seems as if the training topics did not
match closely with the questions on DEQ’s third party certification
exam. Have the training providers been informed of the topics that
will be covered on the DEQ third party certification exam?
DEQ has provided our accredited training facilities with lists of
study topics and other documents related to the national exam. Included
were a list of question topics and the number of questions within
each topic that will be on the EPA exam. In order for the DEQ to
be granted use of the national exam, we had to attest and affirm
that we would keep the testbank confidential and secure. Consequently,
access to the exam is necessarily limited.
Does DEQ have reciprocity in training with other states
in Region VI (Oklahoma, Texas, New Mexico, Louisiana, and Arkansas)?
No. Reciprocity has been discussed at national and regional EPA
meetings. However, there are currently no provisions for reciprocity
among the EPA Region VI states.
Will training that was taken prior to DEQ’s certification
program meet DEQ’s certification training requirements, or
otherwise be "grandfathered?"
In many instances, DEQ allows usage of "prior training"
to meet certification requirements. The mechanisms for certification
based on prior training are established in OAC 252-110-11-3(b).
Because only that training which meets these requirements may be
used to meet the certification training requirements, there is not
a system of "grandfathering" all training taken prior
to the establishment of DEQ’s certification program. The adequacy
of "prior" training for purposes of DEQ certification
is established on a case-by-case basis.
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Work Practice Standards
Is there a conflict between OAC 252:110-7-1(d) and OAC
252:110-11-2(2) regarding whether or not a LBP contractor must perform
LBP services according to applicable standards?
No. OAC 252:110-7-1(d) states that the Ch. 110 rules set LBP performance
standards, and OAC 252:110-11-2(2) maintains that an applicant for
certification will verify by affidavit that he or she will perform
LBP services in accordance with these standards.
When and under what conditions will a LBP Project Designer
be required?
Upon a review of the EPA and HUD requirements, we find that there
is not a simple answer to this question. In previous draft rules,
HUD and EPA recommended that those abatement projects above a certain
"threshold size" of 10 units require a Project Designer.
However, no recommendations of size were included in the final HUD/EPA
requirements. The EPA now simply states that a project designer
must be used in "large scale projects" as determined by
the property owner (See 40 CFR Part 745.225(d)(4)). DEQ has posed
this question to EPA’s Region VI for interpretation and/or
guidance on how the federal program will address this issue.
Will an abatement notification form be required ten days
in advance for small, short-term projects?
Yes. Abatement notification forms are required at least ten days
prior to commencement as established in OAC 252:110-13-3(a). Housing
agencies and related groups may experience difficulty meeting this
ten-day requirement in the early stages of this program. If this
is the case, the agency or group should contact DEQ immediately
to negotiate an alternative timeline. Please be advised that unless
an alternative agreement is negotiated, the ten-day window is a
requirement.
Has DEQ considered taking steps to actually require inspections/risk
assessments?
DEQ is granted our authorities and limitations by the Oklahoma State
legislature. Historically, the legislators have not placed requirements
or regulations on Oklahomans, in excess of similar federal programs,
unless a need was clearly demonstrated. Currently there are no provisions
enabling the DEQ to require the performance of any LBP service.
In the same sense a risk assessor can perform the same
duties as an inspector, can a supervisor perform the same duties
as an abatement worker?
Yes. A supervisor can perform the duties of an abatement worker.
However, an abatement worker cannot oversee or supervise himself
on a project. An individual certified as a supervisor can oversee
himself on a project.
What is the difference between Lead-based Paint (LBP) abatement
and renovation?
A lead paint abatement typically begins when a certified LBP contractor
enters into a contract with a property owner for LBP abatement or
the permanent elimination of LBP hazards in housing built before
1978 or child-occupied facilities. LBP abatement usually includes
the following activities:
· The removal of lead-based paint and lead-contaminated
dust
· The permanent enclosure or encapsulation of lead-based
paint
· The replacement of lead-painted surfaces or fixtures
· The removal or covering of lead-contaminated soil, and
· All preparation, cleanup, disposal, and post-abatement
clearance testing activities associated with such measures.
Many renovations do not have to be performed by certified LBP contractors.
Renovations may include many of the steps and materials used for
abatement. However, a renovation may not serve the same purposes
for a property owner. Abatement is necessary when a property owner
needs documentation that a property has been made “Lead Safe”.
A certified LBP contractor can provide such documentation after
the contractor has completed the abatement and received the results
of clearance testing from a certified LBP inspector or risk assessor.
A property owner may need documentation that a property is “Lead
Safe” to comply with federal grants, such as those provided
by the U.S. Department of Housing and Urban Development (HUD). Please
contact the HUD, Office of Lead Hazard Control at (202) 755-1785
for more information on LBP management for federal grant requirements.
To receive more information about renovating a home safely, lead-based
paint abatement, or to receive a list of contractors who are certified
to perform LBP abatement in Oklahoma, please call the Oklahoma Department
of Environmental Quality, LBP Program at (405) 702-4100.
Did the final TSCA section 403 rule (“403 rule”)
“Identification of Dangerous Levels of Lead” published
01/05/01 change the meaning of the definition of “abatement”?
No. Prior to the publication of the final 403 rule, the language
of paragraph (1) of the abatement definition read:
(1) The removal of lead-based paint and lead-contaminated dust,
the permanent enclosure or encapsulation of lead-based paint, the
replacement of lead-painted surfaces or fixtures, and the removal
or covering of lead-contaminated soil; . . .
The final 403 rule changed the language of the example in paragraph
(1) but not the meaning of abatement. The reference to “lead-contaminated
soil” and “lead-contaminated dust” were deleted,
because they have no direct effect on any activities subject to
regulation under Title X of TSCA (66 FR at 1213, 01/05/01). Because
those terms were deleted, EPA added the reference to the presence
of lead-based paint hazards to clarify that abatement does not include
removal of paint, dust, and soil unless lead-based paint hazards
are present in those media (66 FR at 1211).
What is the relationship of the various paragraphs under
the abatement definition at §745.223?
The initial paragraph, which is not numbered, provides the basic
definition of abatement – intent to permanently eliminate
lead-based paint hazards.
Persons attempting to determine if an activity is abatement should
consider both the basic definition in the initial paragraph of §745.223
and the examples and exclusions in paragraphs (1)-(4). Although
paragraphs (1)-(4) provide examples of what is or is not abatement,
they do not provide an exhaustive list and they should not be treated
as alternatives to the basic definition of “abatement”
contained in the initial paragraph of §745.223. Accordingly,
even if an activity is not expressly included or excluded in paragraphs
(1)-(4), it would still be considered abatement if it meets the
test of the basic definition in the initial paragraph (i.e., a measure
or set of measures designed to permanently eliminate lead-based
paint hazards). Conversely, if an activity is included in paragraphs
(1)-(4) but is not designed to permanently eliminate lead-based
paint hazards, the activity is not abatement.
Immediately following the completion of renovation activities,
a company conducts a clearance examination which reveals dust levels
above the clearance standard. Is removal of dust to address the
failure of this clearance examination considered abatement?
No. The removal of dust to address the failure of the clearance
examination would be considered part of cleanup from the renovation.
Routine cleanup of renovation-related dust is not abatement, even
if the dust is known to be above the dust lead hazard standard.
EPA has lead safe information available for homeowner and maintenance
people. Check EPA’s lead home page at http:www.epa.gov/lead
or contact the National Lead Information Center at 1-800-424-LEAD.
Although the use of trained, certified professionals is not required,
those persons who wish to have a thorough cleanup of renovation-related
dust that constitutes a lead hazard should consider hiring trained
and certified professionals.
According to HUD’s LBP regulation (see 24 CFR Part
35, published 9/15/1999), certified LBP inspectors and/or risk assessors
are required to perform paint testing and clearance examination.
Are these new LBP services reportable under OAC 252:110-13-4?
Yes. If a federal, state, or local rule requires LBP services to
be performed by a certified LBP professional, then those LBP services
should be reported to DEQ.
What are the requirements to do renovation, remodeling
or maintenance on any federally owned or assisted residence?
Many of HUD’s programs now require individuals performing
these types of activities to have some training to work safely with
LBP (see 24 CFR Part 35, published 9/15/1999). Individuals may take
one of HUD’s one-day lead safe work practices courses to comply
with HUD’s rule. Individuals may also meet HUD’s lead
safe work practice requirements if they take accredited LBP Supervisor
or LBP Abatement Worker training. It is not necessary to become
certified in these disciplines, but certification may be beneficial.
If a certified LBP supervisor or abatement worker performs
renovation or interim controls in federally assisted housing, are
those activities reportable to DEQ under OAC 252:110-13-4?
Any DEQ certified LBP professional may report interim controls or
renovations where LBP or LBP hazards are suspect. If they choose
to do so, they should check the “other” box in the LBP
activity column on the quarterly report form. Space is provided
next to that box for a one-word description of the LBP service.
What is on-going monitoring?
On-going monitoring consists of visual surveys conducted by property
owners (or manager) and re-evaluations by risk assessors. On-going
monitoring schedules will vary according to the level of Lead hazards
identified in the dwelling and Lead hazard controls performed. The
HUD Guidelines, Chapter 6, contains information and a table to assist
LBP professionals in selecting on-going monitoring schedules and
performing re-evaluation.
When is on-going monitoring required?
According to 40 CFR 745.227, Risk Assessors must include on-going
monitoring schedules in risk assessment reports when they recommend
encapsulant or enclosures as LBP abatement methods. LBP Supervisors
must include on-going monitoring schedules in post LBP abatement
reports when encapsulant or enclosures have been used as LBP abatement
methods.
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Compliance & Enforcement
The LBP Program is new. What are DEQ’s plans for
informing contractors and the public that OAC 252:110 are in effect
and will be enforced?
In all environmental programs administered by DEQ, the goal is compliance.
It is the policy of DEQ that the initial enforcement efforts are
directed at educating the stakeholders about the requirements. If
there were an obvious, egregious violation, which presents an immediate
danger to public health and the environment, we would take swift
and appropriate action. Otherwise, the DEQ’s policy is to
ensure that people are aware of the requirements of DEQ’s
LBP Management Rules (OAC 252:110).
It is important to note that this is a largely self-policing industry.
DEQ is not typically notified of bid lettings and requests for proposals.
If certified contractors learn of LBP services being performed by
contractors who are not certified, they have a duty and responsibility
to the industry to inform DEQ. This allegation should be submitted
as a formal complaint. DEQ’s statewide complaint hotline can
be reached at 1-800-522-0206 (please call 702-6222 in the OKC local
calling area). The DEQ investigates each and every environmental
complaint to resolution within 90 days.
Have any enforcement actions been directed at individuals
or companies who are not following OAC 252:110?
Yes. The DEQ has sent warning letters and information to both individuals
and companies. As described in our enforcement response plan, DEQ’s
first step in the enforcement process is to serve notice of the
requirements of our LBP program. More severe enforcement actions
have not been warranted to date.
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Miscellaneous
Does DEQ’s LBP Program have an Internet website?
Yes. DEQ’s Internet address is "http://www.deq.state.ok.us."
From the DEQ home page, go to the Air Quality section, then to the
LBP Program.
The federal program uses the term "LBP activities"
whereas the Oklahoma LBP Management rules use the term "LBP
services." Explain the differences.
When developing our LBP Management Rules (OAC 252:110) we noted
a possible problem due to a difference in definitions of the state
and federal term "LBP services." The Oklahoma term (as
established in the Oklahoma LBP Management Act) which most closely
matches the intent of EPA’s term "LBP activity"
is "LBP services." However, the definitions are not the
same. To avoid confusion, DEQ used the more comprehensive of the
two terms ("LBP services") in our state rules. DEQ’s
Chapter 110 rules currently establish requirements for performance
of inspections, risk assessments and abatements.
Are only those child-occupied facilities constructed before
1978 affected by LBP regulations?
Yes. The federal rules, and our corresponding state rules, apply
to only pre-1978 target housing and pre-1978 child-occupied facilities.
How is enforcement of the federal disclosure rule designed?
Does DEQ have the authority to perform enforcement of the federal
disclosure rules? Does DEQ have the authority to check the real
estate agents’ files and follow up with purchases to see what
was said and how it was presented?
The LBP Disclosure program is 100% under the jurisdiction of the
federal government (HUD and EPA). The DEQ has absolutely no jurisdiction
over a real estate agent’s activities regarding the disclosure
program. The disclosure program is not delegated to the states -
it is strictly a federal program. Any complaints regarding the federal
LBP disclosure rules should be directed to EPA Region VI Lead Disclosure
Enforcement Contact, Patricia Weatherly (214) 665-2165.
What are DEQ’s plans for public awareness?
The DEQ LBP Program has developed numerous educational and outreach
tools to raise awareness about LBP issues in the state of Oklahoma.
These primarily consist of informative pamphlets on several topics.
In addition, LBP phone inquiries are handled on a daily basis by
qualified staff members. A wealth of information can be obtained
from our web site.
Are DEQ LBP forms available in electronic format? Can they
be e-mailed?
Many of DEQ’s forms can be obtained from our web site. However,
DEQ cannot accept an application that does not have an original
signature. Therefore, any application submitted to DEQ should be
sent by conventional mail and must include an original signature.
How can I be added to the DEQ’s LBP mailing list?
All certified firms are automatically included on the mailing list.
Otherwise, you can be added to the list by calling us with the appropriate
information (405) 702-4100 or contacting us via E-mail. Our E-mail
addresses can be obtained on the Internet from the DEQ home page.
When the DEQ LBP rules differ from the federal LBP rules,
which take priority?
In all instances possible, DEQ regulations incorporate the federal
rules by reference. In some special cases, there are topics about
which the federal and state requirements differ. In those instances,
the more protective of the two regulations should take priority.
If you encounter problems or questions, please contact a member
of DEQ’s LBP Program.
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