Page:United States Statutes at Large Volume 106 Part 5.djvu/278

 106 STAT. 3916 PUBLIC LAW 102-550—OCT. 28, 1992 15 USC 2683. Regulations. 15 USC 2684. cation, the Administrator shall publish an explanation of the basis for that determination. 'SEC. 403. IDENTIFICATION OF DANGEROUS LEVELS OF LEAD. "Within 18 months after the enactment of this title, the Administrator shall promulgate regulations which shall identify, for purposes of this title and the Residential Lead-Based Paint Hazard Reduction Act of 1992, lead-based paint hazards, leadcontaminated dust, and lead-contiaminated soil. <«£€. 404. AUTHORIZED STATE PROGRAMS. "(a) APPROVAL.—Any State which seeks to administer and enforce the standards, regulations, or other requirements established under section 402 or 406, 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 402 or 406, 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), 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 402 or 406, 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. —I f a State is not administering and enforcing a program authorized under this section in compliance with standards, regulations, and other requirements of this title, 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 title. "(d) MODEL STATE PROGRAM. —Within 18 months after the enactment of this title, 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 title. 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 402. "(e) OTHER STATE REQUIREMENTS. — Nothing in this title shall be construed to prohibit any State or political subdivision thereof from imposing any requirements which are more stringent theui those imposed by tnis title.

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