[Federal Register Volume 79, Number 7 (Friday, January 10, 2014)]
[Proposed Rules]
[Pages 1799-1804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00270]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[EPA-R06-OPPT-2013-0398; FRL-9905-14-Region 6]


Lead-Based Paint Renovation, Repair and Painting, and Pre-
Renovation Education Activities in Target Housing and Child Occupied 
Facilities; Oklahoma; Notice of Self-Certification Program 
Authorization, and Request for Public Comment on Self-Certification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Self-certification program authorization and request for 
comments.

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SUMMARY: This document announces that on March 25, 2013, the State of 
Oklahoma was deemed authorized under section 404(a) of the Toxic 
Substances Control Act (TSCA), to administer and enforce requirements 
for a renovation, repair and painting program (RRP) and a lead-based 
paint pre-renovation education program (PRE) in accordance with 406(b) 
of TSCA. This document also announces that EPA is seeking comment 
during a 45-day public comment period on the State of Oklahoma's self-
certification. This document also announces that the authorization of 
the Oklahoma 402(c)(3) and 406(b) programs, which was deemed authorized 
by regulation and statute on March 25, 2013, will continue without 
further notice unless EPA, based on its own review and/or comments 
received during the comment period, disapproves this Oklahoma program 
application.

DATES: Comments identified by Docket Control Number EPA-R06-OPPT-2013-
0398, must be received on or before February 24, 2014.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Section I of this notice.

SUPPLEMENTARY INFORMATION: To ensure proper receipt by EPA, it is 
important that you identify Docket Control Number EPA-R06-OPPT-2013-
0398 in

[[Page 1800]]

the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: Cindy Parker, Toxics Section, Toxics, 
Pesticides and Underground Storage Tanks Branch, Multimedia Planning 
and Permitting Division, United States Environmental Protection Agency, 
1445 Ross Avenue, Ste 1200, Dallas, Texas 75202-2733. The telephone 
number where Ms. Parker can be reached is: (214) 665-7291. Ms. Parker 
can be contacted via electronic mail at [email protected].mailto:

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Background
III. State Program Description Summaries
IV. Federal Overfiling
V. Withdrawal of Authorization

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, to entities 
offering Lead Safe Renovation courses, and to firms and individuals 
engaged in renovation and remodeling activities of pre-1978 housing and 
child-occupied facilities in the State of Oklahoma. Individuals and 
firms falling under the North American Industrial Classification System 
(NAICS) codes 231118, 238210, 238220, 238320, 531120, 531210, 53131, 
e.g., General Building Contractors/Operative Builders, Renovation 
Firms, Individual Contractors, and Special Trade Contractors like 
Carpenters, Painters, Drywall Workers and Plumbers, ``Home 
Improvement'' Contractors, as well as Property Management Firms and 
some Landlords are also affected by these rules. This listing is not 
intended to be exhaustive, but rather provides a guide for readers 
regarding entities likely to be affected by this action. Other types of 
entities not listed here could also be affected. The NAICS codes have 
been provided to assist you and others in determining whether this 
action might apply to certain entities. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the technical person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How can I get additional information, including copies of this 
document or other related documents?

    1. Electronically: you may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/ 
or from http://www.regulations.gov/. You can also go directly to the 
Federal Register listings at http://www.gpoaccess.gov/fr/.
    2. In person: you may read this document, and certain other related 
documents, by visiting the Oklahoma Department of Environmental 
Quality, Central Records, 707 North Robinson Street, Oklahoma City, 
Oklahoma 73102. You should arrange your visit to the ODEQ office by 
contacting Rhonda Craig, 405-702-0152, or by email at 
[email protected]. You may also read this document, and certain 
other related documents, by visiting the United States Environmental 
Protection Agency, Region 6 Office, 1445 Ross Avenue, Ste 700, Dallas, 
TX 75202. You should arrange your visit to the EPA office by contacting 
the technical person listed under FOR FURTHER INFORMATION CONTACT. 
Also, EPA has established an official record for this action under 
Docket Control Number EPA-R06-OPPT-2013-0398. The official record 
consists of the documents specifically referenced in this action, this 
notice, the State of Oklahoma 402(c)(3) and 406(b) program 
authorization applications, documents related to EPA's offer to consult 
with any affected Tribes in Oklahoma, any public comments received 
during an applicable comment period, and other information related to 
this action.

C. How and to whom do I submit comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is important that 
you identify Docket Identification Number EPA-R06-OPPT-2013-0398 in the 
subject line on the first page of your response.
    Submit your comments, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. By mail: Submit your comments and hearing requests to: Cindy 
Parker, Toxics Section, 6PD-T, United States Environmental Protection 
Agency, 1445 Ross Avenue, Ste 1200, Dallas, Texas 75202-2733.
    3. By person or courier: Deliver your comments and hearing requests 
to: Cindy Parker, Toxics Section, Multimedia Planning and Permitting 
Division, United States Environmental Protection Agency, 1445 Ross 
Avenue, Ste 700, Dallas, Texas 75202-2733. Such deliveries are only 
accepted during the Regional Office's normal hours of operation. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 to 4:30, excluding federal holidays.
    4. By fax: 214-665-6655.
    5. By email: You may submit your comments and hearing requests 
electronically by email to: [email protected], or mail your computer 
disk to the address identified above. Do not submit any information 
electronically that you consider Confidential Business Information 
(CBI). Electronic comments must be submitted as an ASCII file avoiding 
the use of special characters and any form of encryption. Comments and 
data will also be accepted on standard disks in Microsoft Word or ASCII 
file format.
    Instructions: Direct your comments to Docket ID Number EPA-R06-
OPPT-2013-0398. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters or any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either

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electronically in http://www.regulations.gov or in hard copy.

D. How should I handle CBI information that I want to submit to the 
agency?

    Do not submit this information to EPA through regulations.gov or 
email. Clearly mark on each page the part or all of the information 
that you claim to be CBI. For CBI information in a disk or CD-ROM that 
you mail to EPA, mark the outside of the disk or CD-ROM that you mail 
to EPA as CBI, and then identify electronically within the disk or CD-
ROM the specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked as CBI will not be disclosed except in accordance 
with procedures set forth in 40 CFR Part 2. If you have any questions 
about CBI or the procedures for claiming CBI, please consult the 
technical person identified under FOR FURTHER INFORMATION CONTACT.

E. What should I consider as I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments.
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you use.
    3. Provide copies of any technical information and/or data you use 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrive at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection 
activity.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. To ensure proper receipt by EPA, identify the Docket Control 
Number assigned to this action in the subject line on the first page of 
your response. You may also provide the name, date, and Federal 
Register citation.

II. Background

A. What action is the agency taking?

    EPA is announcing that the State of Oklahoma on March 25, 2013, was 
deemed authorized under section 404(a) of TSCA, 15 U.S.C. 2684(a) and 
40 CFR 745.324(d)(2), to administer and enforce requirements for a 
renovation, repair and painting program in accordance with section 
402(c)(3) of TSCA, 15 U.S.C. 2682(c)(3), and a lead-based paint pre-
renovation education program in accordance with section 406(b) of TSCA, 
15 U.S.C. 2686(b). This notice also announces that EPA is seeking 
comment on Oklahoma's self-certification. The 402(c)(3) program ensures 
that training providers are accredited to teach renovation classes, 
that individuals performing renovation activities are properly trained 
and certified as renovators, that firms are certified as renovation 
firms, and that specific work practices are followed during renovation 
activities. The 406(b) program ensures that owners and occupants of 
target housing are provided information concerning potential hazards of 
lead-based paint exposure before certain renovations are begun.
    On March 25, 2013, Oklahoma submitted an application under section 
404 of TSCA requesting authorization to administer and enforce 
requirements for a renovation, repair and painting program in 
accordance with section 402(c)(3) of TSCA, and a pre-renovation 
education program in accordance with section 406(b) of TSCA, and 
submitted a self-certification that these programs are at least as 
protective as the federal programs and provide for adequate 
enforcement. Therefore, pursuant to section 404(a) of TSCA, and 40 CFR 
745.324(d)(2), the Oklahoma renovation program and pre-renovation 
education program are deemed authorized as of the date of submission 
and until such time as the Agency disapproves the program application 
or withdraws program authorization. Pursuant to section 404(b) of TSCA 
and 40 CFR 745.324(e)(2), EPA is providing notice and an opportunity 
for public comment on Oklahoma's self-certification. The authorization 
of the Oklahoma 402(c)(3) and 406(b) programs, which were deemed 
authorized by EPA on March 25, 2013, will continue without further 
notice unless EPA, based on its own review and/or comments received 
during the comment period, disapproves one or both of these Oklahoma 
program applications. Oklahoma is not authorized to carry out its RRP 
or PRE programs in ``Indian Country'', as defined in 18 USC 1151. 
Therefore, this action has no effect on Indian country. EPA retains the 
authority to implement and administer the RRP and PRE programs on these 
lands.
    In accordance with the EPA policy on Consultation and Coordination 
with Indian Tribes, EPA Region 6 has offered government-to-government 
consultation to all Tribes within the State of Oklahoma. Any requested 
consultations will be conducted in accordance with the policy and 
completed by the date of the end of the public comment period February 
24, 2014. Tribal consultation will be conducted in accordance with the 
EPA policy on Consultation and Coordination with Indian Tribes 
(www.epa.gov/tribal/consultation/consult-policy.htm).

B. What is EPA's authority for taking this action?

    On October 28, 1992, the Housing and Community Development Act of 
1992, Public Law 102-550, became law. Title X of that statute was the 
Residential Lead-Based Paint Hazard Reduction Act of 1992. That Act 
amended TSCA (15 U.S.C. 2601 et seq.) by adding Title IV (15 U.S.C. 
2681-2692), entitled ``Lead Exposure Reduction.'' On April 22, 2008, 
EPA promulgated the final TSCA section 402(c)(3) regulations governing 
renovation activities. See 73 FR 21692. These regulations require that 
in order to do renovation activities for compensation, renovators must 
first be properly trained and certified, must be associated with a 
certified renovation firm, and must follow specific work practice 
standards, including recordkeeping requirements. In addition, the rule 
prescribes requirements for the training and certification of dust 
sampling technicians. On June 1, 1998, EPA promulgated the final TSCA 
section 406(b) regulations governing pre-renovation education 
requirements in target housing. See 63 FR 29908. This program ensures 
that owners and occupants of target housing are provided information 
concerning potential hazards of lead-based paint exposure before 
certain renovations are begun on that housing. In addition to providing 
general information on the health hazards associated with exposure to 
lead, EPA developed the lead hazard information pamphlet. This pamphlet 
advises owners and occupants to take appropriate precautions to avoid 
exposure to lead-contaminated dust and debris that are sometimes 
generated during renovations. EPA believes that regulation of 
renovation activities and the distribution of the pamphlet will help to 
reduce the exposures that cause serious lead poisonings, especially in 
children under age 6, who are particularly susceptible to the hazards 
of lead.
    Under section 404 of TSCA, a state may seek authorization from EPA 
to administer and enforce its own pre-renovation education program or 
renovation, repair and painting program in lieu of the federal 
programs. The

[[Page 1802]]

regulations governing the authorization of a state program under both 
sections 402 and 406 of TSCA are codified at 40 CFR Part 745, subpart 
Q. States that choose to apply for program authorization must submit a 
complete application to the appropriate regional EPA office for review. 
Those applications will be reviewed by EPA within 180 days of receipt 
of the complete application. To receive EPA approval, a state must 
demonstrate that its program is at least as protective of human health 
and the environment as the federal program, and provides for adequate 
enforcement, as required by Section 404(b) of TSCA. EPA's regulations 
at 40 CFR Part 745, subpart Q, provide the detailed requirements a 
state program must meet in order to obtain EPA approval. A state may 
choose to certify that its own pre-renovation education program or 
renovation, repair and painting program meets the requirements for EPA 
approval, by submitting a letter signed by the Governor or Attorney 
General stating that the program is at least as protective of human 
health and the environment as the federal program and provides for 
adequate enforcement. Upon submission of such a certification letter, 
the program is deemed authorized pursuant to TSCA section 404(a) and 40 
CFR 745.324(d)(2). This authorization becomes ineffective, however, if 
EPA disapproves the application or withdraws the program authorization.

III. State Program Description Summaries

    A. The following excerpt is from the renovation, repair and 
painting program description submitted in Oklahoma's self-certification 
application:
    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.) Sec.  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.
    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

[[Page 1803]]

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. Sec.  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 lead-based 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. Sec.  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. Sec.  
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. Sec.  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. Sec.  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. Sec.  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. Sec.  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. 
Sec.  2-3-504(A)(4)). Violations may be punished by monetary penalties 
assessed in administrative proceedings (27A O.S. Sec.  2-3-502(K)), or 
in civil proceedings (27A O.S. Sec.  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. Sec.  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. Sec.  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. Sec.  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. Sec.  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.
    B. The following summary is an excerpt from Oklahoma's renovation, 
repair and painting program self-certification application:
    Because the Oklahoma Lead-Based Paint program already included EPA-
approved training provider elements that are considerably more 
stringent than the federal program, Oklahoma chose to maintain that 
portion of the Lead-Based Paint program for use with the new RRP 
program. The differences include: Requirements that only educational 
institutions and government agencies may become accredited; providers 
must offer on-going programs that include both initial and refresher

[[Page 1804]]

training; and requirements for inspections, annual reviews, and 
renewal. Fees for training providers were also modified so that the 
annual renewal would not lead to a fee increase over the EPA program.
    During the public hearings before the Air Quality Council, concerns 
were raised that the DEQ RRP program would cause financial hardship on 
renovation firms and training providers that were already approved by 
EPA at the time of delegation approval and might have several years 
left before they were required to renew under the EPA program. In 
response, the proposed rules were amended to include transition 
language exempting EPA-approved firms and training providers from fees 
until the expiration of their EPA-approval.
    The Oklahoma RRP program will utilize the existing accreditation 
structure of inspections and close review to ensure a quality training 
system. The existing DEQ enforcement system will also apply to the RRP 
program, but for the RRP firms and their work practices, much of the 
enforcement will come through the DEQ complaint system. The complaint 
system uses a toll-free state wide number, strict timelines for 
response and investigation, and referral to the various DEQ divisions 
for expert follow-up. The DEQ complaint system is well-established and 
has proven effective in all programs, including the Oklahoma LBP 
activities program. The activities program provides a network of 
individuals and firms throughout the state that also self-monitor to 
assist in compliance.

IV. Federal Overfiling

    Section 404(b) of TSCA makes it unlawful for any person to violate, 
or fail or refuse to comply with, any requirement of an approved state 
program. Therefore, EPA reserves the right to exercise its enforcement 
authority under TSCA against a violation of, or a failure or refusal to 
comply with, any requirement of an authorized state program.

V. Withdrawal of Authorization

    Pursuant to section 404(c) of TSCA, the EPA Administrator may 
withdraw authorization of a State or Indian tribal renovation, repair 
and painting program, and/or a lead-based paint pre-renovation 
education program, after notice and opportunity for corrective action, 
if the program is not being administered or enforced in compliance with 
standards, regulations, and other requirements established under the 
authorization. The procedures U.S. EPA will follow for the withdrawal 
of an authorization are found at 40 CFR 745.324(I).

List of Subjects in 40 CFR 745

    Environmental protection, Hazardous substances, Lead poisoning, 
Reporting and recordkeeping requirements.

    Dated: December 19, 2013.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2014-00270 Filed 1-9-14; 8:45 am]
BILLING CODE 6560-50-P