§ 2684. — Authorized State programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2684]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER IV--LEAD EXPOSURE REDUCTION
Sec. 2684. Authorized State programs
(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) of this section. 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) of this section, 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.
(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.
(Pub. L. 94-469, title IV, Sec. 404, as added Pub. L. 102-550, title X,
Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3916.)
Section Referred to in Other Sections
This section is referred to in title 42 section 4852.
