EPA ICR No. 1715.13; OMB Control No. 2070-0155

ATTACHMENT 1

Toxic Substances Control Act Sections 402 and 404

15 U.S.C. 2682, 2684

Sec. 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 Secretary of Health and Human
Services (acting through the Director of the National Institute for
Occupational Safety and Health), promulgate final regulations governing
lead-based paint activities to ensure that individuals engaged 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
activities, taking into account reliability, effectiveness, and safety.
Such regulations shall require that all risk assessment, inspection, and
abatement activities performed in target housing shall be performed by
certified contractors, 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 ‘’Training Grants’‘ in
title III of the Act entitled ‘’An Act making appropriations for the
Departments of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, commissions, corporations, and offices
for the fiscal year ending September 30, 1992, and for other
purposes’‘, Public 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 headings shall cease to have any force and effect. 

	(2) Accreditation of training programs 

Final regulations promulgated under paragraph (1) shall contain specific
requirements for the accreditation of lead-based paint activities
training programs for workers, supervisors, inspectors and planners, and
other individuals involved in lead-based paint activities, including,
but not limited to, each of the following: 

               (A) Minimum requirements for the accreditation of
training providers. 

               (B) Minimum training curriculum requirements. 

               (C) Minimum training hour requirements. 

               (D) Minimum hands-on training requirements. 

               (E) Minimum trainee competency and proficiency
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 government, or nonprofit
training program. The Administrator (or the State in the case of an
authorized 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 assessment, inspection,  and
abatement; and 

(2) in the case of any public building constructed before 1978,
commercial building, bridge, or other structure or superstructure,
identification of lead-based paint and materials 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 activities. 

     (c) Renovation and remodeling 

	(1) Guidelines 

In order to reduce the risk of exposure to lead in connection with
renovation and remodeling of target housing, public buildings
constructed before 1978, and commercial buildings, 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 renovation
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 types of renovation and remodeling activities in
target housing, public buildings constructed before 1978, and commercial
buildings are exposed 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 Administrator shall revise
the regulations under subsection (a) of this section to apply the
regulations to renovation 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 activities, the Administrator shall utilize the results
of the study under paragraph (2) and consult with the representatives of
labor organizations, lead-based paint activities contractors, persons
engaged in remodeling and renovation, experts in lead health effects,
and others. If the Administrator determines that any category of
contractors engaged in renovation or remodeling does not require
certification, the Administrator shall publish an explanation of the
basis for that determination. 

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.

