§2684 Authorized State programs

Summary

States can apply to run and enforce the same rules that the federal government sets under sections 2682 or 2686. After a public notice and hearing, a State sends an application to the Administrator. A State can also say at that time that its program already meets the needed standards. If it does that, the State program counts as authorized and works instead of the federal program until the Administrator says otherwise. The Administrator must decide to approve or disapprove the application within 180 days. Approval can happen only if the Administrator finds the State’s program is at least as protective of health and the environment as the federal rules and gives adequate enforcement. If a State fails to follow the required standards, the Administrator will tell the State and give up to 180 days to fix the problems; if they are not fixed, the Administrator will withdraw authorization and set up a federal program. The Administrator had to create a model State program within 18 months after October 28, 1992, to help States adopt programs and to encourage using existing State and local certification and accreditation and reciprocity. States may impose stricter rules than the federal ones. The rules should encourage States to seek authorization and use existing certification procedures, but a State or local government cannot require more than one certification for any lead-based paint activities contractor. The Administrator may give grants to States to help build authorized programs. If a State does not have an authorized program in effect within 2 years after the federal rules under section 2682 or 2686 are issued, the Administrator must set up and run a federal program for that State.