Lead-Based Paint Management Act

The Cherokee Nation Lead-Based Paint Management Act. L-98, 63 CNCA. Article 12, 1201, Section 601et seq. was originally enacted on January 26, 1998. This tribal statute designates the Department of Environmental Protection (DEP) as the official agency for implementing the lead-based paint (LBP) reduction and regulation program. This statute instructs the Department of Environmental Protection through the Cherokee Nation Environmental Protection Act to promulgate rules governing LBP services, including LBP contractor certification and accreditation of approved training providers and programs.

In addition to authority under the Cherokee Nation Environmental Code, the Act provides Cherokee Nation Environmental Protection with the power and duty to enforce the Act, rules, certification and accreditations. The Act authorize Cherokee Nation Environmental Protection to issue, refuse to issue, renew, reactivate, reinstate, modify, suspend, or revoke certifications and accreditations.

The Cherokee Nation LBP Management Rules were promulgated on August 30, 1998. In general, 40 CFR Part 745, Subpart L and OAC 252:110 were incorporated by reference when possible. The items not incorporated by reference are those that are otherwise mandated by the Act. Items pertaining to dates and deadlines were not incorporated by reference since the legislation provides those.

The scope of the Cherokee Nation Rules applies to all individuals and firms engaged in LBP services in target housing and child-occupied facilities. It contains procedures and requirements for the accreditation of LBP services training programs, procedures and requirements for the certification of individual and firms engaged in LBP services, and work practice standards for performing such services.

Accreditation is only available to educational institutions and government agencies offering ongoing and continuous LBP training programs. Accreditation is available for both initial and refresher courses for inspector, risk assessor, supervisor, project designer and abatement worker. It is not available to training programs offering courses on a one-time-only basis or for a period of less than 12 months. As an effort to maintain quality training, accreditation is not available for refresher coursed only. If a training program wishes to receive accreditation for a refresher course, it must receive accreditation for the initial training course as well. The Cherokee Nation Lead Rules outline the accreditation timelines and the fees for initial and renewal accreditation. Renewal must be done on an annual basis.

Certification is required for all individuals and firms who perform or offer to perform LBP services in target housing and child-occupied facilities in the Cherokee Nation. Certification is available for inspector, risk assessor, supervisor, project designer, abatement worker, and firm. Only Oklahoma Department of Environmental Quality (ODEQ) accredited LBP training will be accepted for certification in the Cherokee Nation. OQEQ rules do provide a mechanism for certification using training received before accredited training was available. Chapter 110 of ODEQ rules outlines the certification timelines and the fees for initial and renewal certification in the Cherokee Nation. Renewal must be done on an annual basis. All initial applicants for inspector, risk assessor, and supervisor in the Cherokee Nation must successfully complete the DEQ certification. All renewal applicants for inspector, risk assessor, and supervisor in the Cherokee Nation must complete the DEQ certification exam every third year.

The Cherokee Nation Lead Rules incorporate by reference the work practice standards from 40 CFR § 745.227. These work practice standards must be followed when performing all LBP activities. Work practice standards are outlined for inspection, lead hazard screen, risk assessment, abatement, collection and laboratory analysis of samples, composite dust sampling, and recordkeeping.

With the amendments made to the Cherokee Nation Environmental Protection Act and with the promulgation of the Cherokee Nation "LBP Management Rules", comprehensive regulations for a well-trained and qualified workforce are in place to help prevent exposure to LBP hazards.