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-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. Page 1933 TITLE 15—COMMERCE AND TRADE § 2685 1 So in original. The comma probably should not appear. (g) Grants to States The Administrator is authorized to make grants to States to develop and carry out au- thorized State programs under this section. The grants shall be subject to such terms and condi- tions as the Administrator may establish to fur- ther the purposes of this subchapter. (h) Enforcement by Administrator If a State does not have a State program au- thorized 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, es- tablish 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. (Pub. L. 94–469, title IV, § 404, as added Pub. L. 102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat. 3916.) § 2685. Lead abatement and measurement (a) Program to promote lead exposure abatement The Administrator, in cooperation with other appropriate Federal departments and agencies, shall conduct a comprehensive program to pro- mote safe, effective, and affordable monitoring, detection, and abatement of lead-based paint and other lead exposure hazards. (b) Standards for environmental sampling lab- oratories (1) The Administrator shall establish proto- cols, criteria, and minimum performance stand- ards for laboratory analysis of lead in paint films, soil, and dust. Within 2 years after Octo- ber 28, 1992, the Administrator, in consultation with the Secretary of Health and Human Serv- ices, shall establish a program to certify labora- tories as qualified to test substances for lead content unless the Administrator determines, by the date specified in this paragraph, that ef- fective voluntary accreditation programs are in place and operating on a nationwide basis at the time of such determination. To be certified under such program, a laboratory shall, at a minimum, demonstrate an ability to test sub- stances accurately for lead content. (2) Not later than 24 months after October 28, 1992, and annually thereafter, the Administrator shall publish and make available to the public a list of certified or accredited environmental sampling laboratories. (3) If the Administrator determines under paragraph (1) that effective voluntary accredita- tion programs are in place for environmental sampling laboratories, the Administrator shall review the performance and effectiveness of such programs within 3 years after such determina- tion. If, upon such review, the Administrator de- termines that the voluntary accreditation pro- grams are not effective in assuring the quality and consistency of laboratory analyses, the Ad- ministrator shall, not more than 12 months thereafter, establish a certification program that meets the requirements of paragraph (1). (c) Exposure studies (1) The Secretary of Health and Human Serv- ices (hereafter in this subsection referred to as the ‘‘Secretary’’), acting through the Director of the Centers for Disease Control,1 (CDC), and the Director of the National Institute of Environ- mental Health Sciences, shall jointly conduct a study of the sources of lead exposure in children who have elevated blood lead levels (or other in- dicators of elevated lead body burden), as de- fined by the Director of the Centers for Disease Control. (2) The Secretary, in consultation with the Di- rector of the National Institute for Occupational Safety and Health, shall conduct a comprehen- sive study of means to reduce hazardous occupa- tional lead abatement exposures. This study shall include, at a minimum, each of the fol- lowing— (A) Surveillance and intervention capability in the States to identify and prevent haz- ardous exposures to lead abatement workers. (B) Demonstration of lead abatement con- trol methods and devices and work practices to identify and prevent hazardous lead expo- sures in the workplace. (C) Evaluation, in consultation with the Na- tional Institute of Environmental Health Sciences, of health effects of low and high lev- els of occupational lead exposures on repro- ductive, neurological, renal, and cardio- vascular health. (D) Identification of high risk occupational settings to which prevention activities and re- sources should be targeted. (E) A study assessing the potential expo- sures and risks from lead to janitorial and cus- todial workers. (3) The studies described in paragraphs (1) and (2) shall, as appropriate, examine the relative contributions to elevated lead body burden from each of the following: (A) Drinking water. (B) Food. (C) Lead-based paint and dust from lead- based paint. (D) Exterior sources such as ambient air and lead in soil. (E) Occupational exposures, and other expo- sures that the Secretary determines to be ap- propriate. (4) Not later than 30 months after October 28, 1992, the Secretary shall submit a report to the Congress concerning the studies described in paragraphs (1) and (2). (d) Public education (1) The Administrator, in conjunction with the Secretary of Health and Human Services, acting through the Director of the Agency for Toxic Substances and Disease Registry, and in con- junction with the Secretary of Housing and Urban Development, shall sponsor public edu- cation and outreach activities to increase public awareness of— (A) the scope and severity of lead poisoning from household sources; (B) potential exposure to sources of lead in schools and childhood day care centers; (C) the implications of exposures for men and women, particularly those of childbearing age;