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

Page 1931 TITLE 15—COMMERCE AND TRADE § 2682 of jurisdictions which banned the sale or use of lead-based paint prior to 1978, the Secretary of Housing and Urban Development, at the Secretary’s discretion, may designate an ear- lier date. (Pub. L. 94–469, title IV, § 401, as added Pub. L. 102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat. 3912; amended Pub. L. 115–31, div. K, title II, § 237(c), May 5, 2017, 131 Stat. 789.) Editorial Notes AMENDMENTS 2017—Par. (17). Pub. L. 115–31, § 237(c)(1), which di- rected insertion of ‘‘or any 0-bedroom dwelling’’ after ‘‘disabilities,’’, was executed by making the insertion after ‘‘disabilities’’ the first place appearing to reflect the probable intent of Congress. Pub. L. 115–31, § 237(c)(2), which directed substitution of ‘‘housing)’’ for ‘‘housing for the elderly or persons with disabilities) or any 0 bedroom dwelling’’, was exe- cuted by making the substitution for ‘‘housing for the elderly or persons with disabilities) or any 0-bedroom dwelling’’ to reflect the probable intent of Congress. § 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 Sec- retary of Health and Human Services (acting through the Director of the National Institute for Occupational Safety and Health), promul- gate final regulations governing lead-based paint activities to ensure that individuals en- gaged 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 ac- tivities, taking into account reliability, effec- tiveness, and safety. Such regulations shall re- quire that all risk assessment, inspection, and abatement activities performed in target housing shall be performed by certified con- tractors, as such term is defined in section 4851b of title 42. The provisions of this section shall supersede the provisions set forth under the heading ‘‘Lead Abatement Training and Certification’’ and under the heading ‘‘Train- ing Grants’’ in title III of the Act entitled ‘‘An Act making appropriations for the Depart- ments of Veterans Affairs and Housing and Urban Development, and for sundry inde- pendent agencies, commissions, corporations, and offices for the fiscal year ending Sep- tember 30, 1992, and for other purposes’’, Pub- lic Law 102–139 [105 Stat. 765, 42 U.S.C. 4822 note], and upon October 28, 1992, the provisions set forth in such public law under such head- ings shall cease to have any force and effect. (2) Accreditation of training programs Final regulations promulgated under para- graph (1) shall contain specific requirements for the accreditation of lead-based paint ac- tivities training programs for workers, super- visors, inspectors and planners, and other indi- viduals involved in lead-based paint activities, including, but not limited to, each of the fol- lowing: (A) Minimum requirements for the accred- itation of training providers. (B) Minimum training curriculum require- ments. (C) Minimum training hour requirements. (D) Minimum hands-on training require- ments. (E) Minimum trainee competency and pro- ficiency requirements. (F) Minimum requirements for training program quality control. (3) Accreditation and certification fees The Administrator (or the State in the case of an authorized State program) shall impose a fee on— (A) persons operating training programs accredited under this subchapter; and (B) lead-based paint activities contractors certified in accordance with paragraph (1). The fees shall be established at such level as is necessary to cover the costs of administering and enforcing the standards and regulations under this section which are applicable to such programs and contractors. The fee shall not be imposed on any State, local govern- ment, or nonprofit training program. The Ad- ministrator (or the State in the case of an au- thorized State program) may waive the fee for lead-based paint activities contractors under subparagraph (A) for the purpose of training their own employees. (b) Lead-based paint activities For purposes of this subchapter, the term ‘‘lead-based paint activities’’ means— (1) in the case of target housing, risk assess- ment, inspection, and abatement; and (2) in the case of any public building con- structed before 1978, commercial building, bridge, or other structure or superstructure, identification of lead-based paint and mate- rials containing lead-based paint, deleading, removal of lead from bridges, and demolition. For purposes of paragraph (2), the term ‘‘deleading’’ means activities conducted by a person who offers to eliminate lead-based paint or lead-based paint hazards or to plan such ac- tivities. (c) Renovation and remodeling (1) Guidelines In order to reduce the risk of exposure to lead in connection with renovation and remod- eling of target housing, public buildings con- structed before 1978, and commercial build- ings, the Administrator shall, within 18 months after October 28, 1992, promulgate guidelines for the conduct of such renovation and remodeling activities which may create a risk of exposure to dangerous levels of lead. The Administrator shall disseminate such guidelines to persons engaged in such renova- tion and remodeling through hardware and paint stores, employee organizations, trade groups, State and local agencies, and through other appropriate means. (2) Study of certification The Administrator shall conduct a study of the extent to which persons engaged in various 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-contami- nated dust, and lead-contaminated soil. (Pub. L. 94–469, title IV, § 403, as added Pub. L. 102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat. 3916.) Editorial Notes REFERENCES IN TEXT The Residential Lead-Based Paint Hazard Reduction Act of 1992, referred to in text, is title X of Pub. L. 102–550, Oct. 28, 1992, 106 Stat. 3897, which is classified principally to chapter 63A (§ 4851 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4851 of Title 42 and Tables. § 2684. Authorized State programs (a) Approval Any State which seeks to administer and en- force the standards, regulations, or other re- quirements established under section 2682 or 2686 of this title, or both, may, after notice and op- portunity for public hearing, develop and submit to the Administrator an application, in such form as the Administrator shall require, for au- thorization 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 para- graphs (1) and (2) of subsection (b). Upon submis- sion of such certification, the State program shall be deemed to be authorized under this sec- tion, 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 dis- approves the program or withdraws the author- ization. (b) Approval or disapproval Within 180 days following submission of an ap- plication under subsection (a), the Adminis- trator shall approve or disapprove the applica- tion. The Administrator may approve the appli- cation only if, after notice and after opportunity for public hearing, the Administrator finds that— (1) the State program is at least as protec- tive 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 en- forcement. 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 com- pliance with standards, regulations, and other requirements of this subchapter, the Adminis- trator 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 pro- gram shall, to the extent practicable, encourage States to utilize existing State and local certifi- cation and accreditation programs and proce- dures. Such program shall encourage reciprocity among the States with respect to the certifi- cation under section 2682 of this title. (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 govern- ment shall not require more than 1 certification under this section for any lead-based paint ac- tivities contractor to carry out lead-based paint activities in the State or political subdivision thereof.