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15 U.S.C. § 2684 — Authorized State programs

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2684 — Authorized State programs

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Source file: Laws/federal/codes/united-states-code/title-15/section-2684-authorized-state-programs--9324e968ee.md
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Source location: Title 15, Chapter 53, § 2684; chapter-053-toxic-substances-control.md

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**(a) Approval** Any State which seeks to administer and enforce the standards, regulations, or other requirements established under section 2682 or 2686 of this title, or both, may, after notice and opportunity for public hearing, develop and submit to the Administrator an application, in such form as the Administrator shall require, for authorization of such a State program. Any such State may also certify to the Administrator at the time of submitting such program that the State program meets the requirements of paragraphs (1) and (2) of subsection (b). Upon submission of such certification, the State program shall be deemed to be authorized under this section, and shall apply in such State in lieu of the corresponding Federal program under section 2682 or 2686 of this title, or both, as the case may be, until such time as the Administrator disapproves the program or withdraws the authorization. **(b) Approval or disapproval** Within 180 days following submission of an application under subsection (a), the Administrator shall approve or disapprove the application. The Administrator may approve the application only if, after notice and after opportunity for public hearing, the Administrator finds that— (1) the State program is at least as protective of human health and the environment as the Federal program under section 2682 or 2686 of this title, or both, as the case may be, and (2) such State program provides adequate enforcement. Upon authorization of a State program under this section, it shall be unlawful for any person to violate or fail or refuse to comply with any requirement of such program. **(c) Withdrawal of authorization** If a State is not administering and enforcing a program authorized under this section in compliance with standards, regulations, and other requirements of this subchapter, the Administrator shall so notify the State and, if corrective action is not completed within a reasonable time, not to exceed 180 days, the Administrator shall withdraw authorization of such program and establish a Federal program pursuant to this subchapter. **(d) Model State program** Within 18 months after October 28, 1992, the Administrator shall promulgate a model State program which may be adopted by any State which seeks to administer and enforce a State program under this subchapter. Such model program shall, to the extent practicable, encourage States to utilize existing State and local certification and accreditation programs and procedures. Such program shall encourage reciprocity among the States with respect to the certification under [section 2682 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2682&num=0&edition=prelim). **(e) Other State requirements** Nothing in this subchapter shall be construed to prohibit any State or political subdivision thereof from imposing any requirements which are more stringent than those imposed by this subchapter. **(f) State and local certification** The regulations under this subchapter shall, to the extent appropriate, encourage States to seek program authorization and to use existing State and local certification and accreditation procedures, except that a State or local government shall not require more than 1 certification under this section for any lead-based paint activities contractor to carry out lead-based paint activities in the State or political subdivision thereof. **(g) Grants to States** The Administrator is authorized to make grants to States to develop and carry out authorized State programs under this section. The grants shall be subject to such terms and conditions as the Administrator may establish to further the purposes of this subchapter. **(h) Enforcement by Administrator** If a State does not have a State program authorized under this section and in effect by the date which is 2 years after promulgation of the regulations under section 2682 or 2686 of this title, the Administrator shall, by such date, establish a Federal program for section 2682 or 2686 of this title (as the case may be) for such State and administer and enforce such program in such State.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2682 — Lead-based paint activities training and certification

**(a) Regulations** (1) **In general** — Not later than 18 months after October 28, 1992, the Administrator shall, in consultation with the Secretary of Labor, the Secretary of Housing and Urban Development, and the Secretary of Health and Human Services (acting through the Director of the National Institute for Occupational Safety and Health), promulgate final regulations governing lead-based paint activities to ensure that individuals engaged in such activities are properly trained; that training programs are accredited; and that contractors engaged in such activities are certified. Such regulations shall contain standards for performing lead-based paint activities, taking into account reliability, effectiveness, and safety. Such regulations shall require that all risk assessment, inspection, and abatement activities performed in target housing shall be performed by certified contractors, as such term is defined in [section 4851b of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4851b&num=0&edition=prelim). The provisions of this section shall supersede the provisions set forth under the heading “Lead Abatement Training and Certification” and under the heading “Training Grants” in title III of the Act entitled “An Act making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, commissions, corporations, and offices for the fiscal year ending September 30, 1992, and for other purposes”, Public Law 102–139 [105 Stat. 765, [42 U.S.C. 4822](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4822&num=0&edition=prelim) note], and upon October 28, 1992, the provisions set forth in such public law under such headings shall cease to have an

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2682

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4852c — Grants for lead-based paint hazard reduction in target housing

**(a) General authority** The Secretary is authorized to provide grants to eligible applicants to evaluate and reduce lead-based paint hazards in housing that is not federally assisted housing, federally owned housing, or public housing, in accordance with the provisions of this section. Grants shall only be made under this section to provide assistance for housing which meets the following criteria— (1) for grants made to assist rental housing, at least 50 percent of the units must be occupied by or made available to families with incomes at or below 50 percent of the area median income level and the remaining units shall be occupied or made available to families with incomes at or below 80 percent of the area median income level, and in all cases the landlord shall give priority in renting units assisted under this section, for not less than 3 years following the completion of lead abatement activities, to families with a child under the age of six years, except that buildings with five or more units may have 20 percent of the units occupied by families with incomes above 80 percent of area median income level; (2) for grants made to assist housing owned by owner-occupants, all units assisted with grants under this section shall be the principal residence of families with income at or below 80 percent of the area median income level, and not less than 90 percent of the units assisted with grants under this section shall be occupied by a child under the age of six years or shall be units where a child under the age of six years spends a significant amount of time visiting; and (3) notwithstanding paragraphs (1) and (2), Round II grantees who receive assistance under this section may use such assistance for priority housing. **(b) Eligible applicants** A State or un

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4852c

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2684 — Authorized State programs

Page 1932 TITLE 15—COMMERCE AND TRADE § 2683 types of renovation and remodeling activities in target housing, public buildings constructed before 1978, and commercial buildings are ex- posed to lead in the conduct of such activities or disturb lead and create a lead-based paint hazard on a regular or occasional basis. The Administrator shall complete such study and publish the results thereof within 30 months after October 28, 1992. (3) Certification determination Within 4 years after October 28, 1992, the Ad- ministrator shall revise the regulations under subsection (a) to apply the regulations to ren- ovation or remodeling activities in target housing, public buildings constructed before 1978, and commercial buildings that create lead-based paint hazards. In determining which contractors are engaged in such activi- ties, the Administrator shall utilize the re- sults of the study under paragraph (2) and con- sult with the representatives of labor organi- zations, lead-based paint activities contrac- tors, persons engaged in remodeling and ren- ovation, experts in lead health effects, and others. If the Administrator determines that any category of contractors engaged in ren- ovation or remodeling does not require certifi- cation, the Administrator shall publish an ex- planation of the basis for that determination. (Pub. L. 94–469, title IV, § 402, as added Pub. L. 102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat. 3914.) § 2683. Identification of dangerous levels of lead Within 18 months after October 28, 1992, the Administrator shall promulgate regulations which shall identify, for purposes of this sub- chapter and the Residential Lead-Based Paint Hazard Reduction Act of 1992 [42 U.S.C. 4851 et seq.], lead-based paint hazards, lead-c

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