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U.S. Code as of:
01/19/04
Section 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.
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