Attachment 1

Page 1697

TITLE 15—COMMERCE AND TRADE

to lead-based paint hazards through methods
including interim controls and abatement.
(14) Residential dwelling
The term ‘‘residential dwelling’’ means—
(A) a single-family dwelling, including attached structures such as porches and
stoops; or
(B) a single-family dwelling unit in a
structure that contains more than 1 separate
residential dwelling unit, and in which each
such unit is used or occupied, or intended to
be used or occupied, in whole or in part, as
the home or residence of 1 or more persons.
(15) Residential real property
The term ‘‘residential real property’’ means
real property on which there is situated 1 or
more residential dwellings used or occupied, or
intended to be used or occupied, in whole or in
part, as the home or residence of 1 or more
persons.
(16) Risk assessment
The term ‘‘risk assessment’’ means an onsite investigation to determine and report the
existence, nature, severity and location of
lead-based paint hazards in residential dwellings, including—
(A) information gathering regarding the
age and history of the housing and occupancy by children under age 6;
(B) visual inspection;
(C) limited wipe sampling or other environmental sampling techniques;
(D) other activity as may be appropriate;
and
(E) provision of a report explaining the results of the investigation.
(17) Target housing
The term ‘‘target housing’’ means any housing constructed prior to 1978, except housing
for the elderly or persons with disabilities (unless any child who is less than 6 years of age
resides or is expected to reside in such housing
for the elderly or persons with disabilities) or
any 0-bedroom dwelling. In the case of jurisdictions which banned the sale or use of leadbased paint prior to 1978, the Secretary of
Housing and Urban Development, at the Secretary’s discretion, may designate an earlier
date.
(Pub. L. 94–469, title IV, § 401, as added Pub. L.
102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat.
3912.)
§ 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;

§ 2682

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

§ 2683

TITLE 15—COMMERCE AND TRADE

(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 leadbased 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.
(Pub. L. 94–469, title IV, § 402, as added Pub. L.
102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat.
3914.)
§ 2683. Identification of dangerous levels of lead
Within 18 months after October 28, 1992, the
Administrator shall promulgate regulations
which shall identify, for purposes of this sub-

Page 1698

chapter and the Residential Lead-Based Paint
Hazard Reduction Act of 1992 [42 U.S.C. 4851 et
seq.], lead-based paint hazards, lead-contaminated dust, and lead-contaminated soil.
(Pub. L. 94–469, title IV, § 403, as added Pub. L.
102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat.
3916.)
REFERENCES IN TEXT
The Residential Lead-Based Paint Hazard Reduction
Act of 1992, referred to in text, is title X of Pub. L.
102–550, Oct. 28, 1992, 106 Stat. 3897, which is classified
principally to chapter 63A (§ 4851 et seq.) of Title 42, The
Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out
under section 4851 of Title 42 and Tables.

§ 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.