Title 15Commerce and TradeRelease 119-73not60

§2684 Authorized State Programs

Title 15 › Chapter 53— TOXIC SUBSTANCES CONTROL › Subchapter IV— LEAD EXPOSURE REDUCTION › § 2684

Last updated Apr 3, 2026|Official source

Summary

States may apply, after public notice and a hearing, to run and enforce the federal lead rules themselves. A State can say when it applies that its program already meets key federal requirements; if it does, the program is treated as authorized until the federal Administrator disapproves or withdraws that approval. The Administrator must approve or deny the application within 180 days and may approve only if the State’s program protects health and the environment as well as the federal rules and has adequate enforcement. If a State is not following the required rules, the Administrator will notify the State and, if problems are not fixed within a reasonable time not to exceed 180 days, will withdraw approval and set up a federal program. The Administrator must issue a model State program within 18 months after October 28, 1992, which States may adopt. The model and rules should encourage using existing State and local certification and promote reciprocity. States may impose stricter requirements. A State or local government may not require more than one certification for any contractor. The Administrator may give grants to help States run authorized programs. If a State does not have an authorized program in effect by the deadline of 2 years after those federal rules are issued, the Administrator will establish and run a federal program for that State.

Full Legal Text

Title 15, §2684

Commerce and Trade — Source: USLM XML via OLRC

(a)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)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.
(c)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)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.
(e)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)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)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)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.

Reference

Citations & Metadata

Citation

15 U.S.C. § 2684

Title 15Commerce and Trade

Last Updated

Apr 3, 2026

Release point: 119-73not60