---
kind: "section"
citation: "15 U.S.C. § 2684"
title: "15"
title_heading: "Commerce and Trade"
number: "2684"
heading: "Authorized State programs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2684"
units:
  - "Chapter 53 — Toxic Substances Control"
  - "Subchapter IV — Lead Exposure Reduction"
---

# §2684. Authorized State programs

- (a) **Approval—** Any [State](/usc/15/2602.md?p=16) which seeks to administer and enforce the standards, regulations, or other requirements established under section [2682](/usc/15/2682.md) or [2686](/usc/15/2686.md) of this title, or both, may, after notice and opportunity for public hearing, develop and submit to the [Administrator](/usc/15/2602.md?p=1) an application, in such form as the [Administrator](/usc/15/2602.md?p=1) shall require, for authorization of such a [State](/usc/15/2602.md?p=16) program. Any such [State](/usc/15/2602.md?p=16) may also certify to the [Administrator](/usc/15/2602.md?p=1) at the time of submitting such program that the [State](/usc/15/2602.md?p=16) program meets the requirements of paragraphs [(1)](#b-1) and [(2)](#b-2) of subsection (b). Upon submission of such certification, the [State](/usc/15/2602.md?p=16) program shall be deemed to be authorized under this section, and shall apply in such [State](/usc/15/2602.md?p=16) in lieu of the corresponding Federal program under section [2682](/usc/15/2682.md) or [2686](/usc/15/2686.md) of this title, or both, as the case may be, until such time as the [Administrator](/usc/15/2602.md?p=1) disapproves the program or withdraws the authorization.
- (b) **Approval or disapproval—** Within 180 days following submission of an application under [subsection (a)](#a), the [Administrator](/usc/15/2602.md?p=1) shall approve or disapprove the application. The [Administrator](/usc/15/2602.md?p=1) may approve the application only if, after notice and after opportunity for public hearing, the [Administrator](/usc/15/2602.md?p=1) finds that—
  - (1) the [State](/usc/15/2602.md?p=16) program is at least as protective of human health and the [environment](/usc/15/2602.md?p=6) as the Federal program under section [2682](/usc/15/2682.md) or [2686](/usc/15/2686.md) of this title, or both, as the case may be, and
  - (2) such [State](/usc/15/2602.md?p=16) program provides adequate enforcement.

  Upon authorization of a [State](/usc/15/2602.md?p=16) program under this section, it shall be unlawful for any [person](/usc/15/7a.md?p=6) to violate or fail or refuse to comply with any requirement of such program.

- (c) **Withdrawal of authorization—** If a [State](/usc/15/2602.md?p=16) is not administering and enforcing a program authorized under this section in compliance with standards, regulations, and other requirements of this subchapter, the [Administrator](/usc/15/2602.md?p=1) shall so notify the [State](/usc/15/2602.md?p=16) and, if corrective action is not completed within a reasonable time, not to exceed 180 days, the [Administrator](/usc/15/2602.md?p=1) 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](/usc/15/2602.md?p=1) shall promulgate a model [State](/usc/15/2602.md?p=16) program which may be adopted by any [State](/usc/15/2602.md?p=16) which seeks to administer and enforce a [State](/usc/15/2602.md?p=16) program under this subchapter. Such model program shall, to the extent practicable, encourage [States](/usc/15/2602.md?p=16) to utilize existing [State](/usc/15/2602.md?p=16) and local certification and accreditation programs and procedures. Such program shall encourage reciprocity among the [States](/usc/15/2602.md?p=16) with respect to the certification under [section 2682 of this title](/usc/15/2682.md).
- (e) **Other State requirements—** Nothing in this subchapter shall be construed to prohibit any [State](/usc/15/2602.md?p=16) 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](/usc/15/2602.md?p=16) to seek program authorization and to use existing [State](/usc/15/2602.md?p=16) and local certification and accreditation procedures, except that a [State](/usc/15/2602.md?p=16) or [local government](/usc/15/34.md?p=1) shall not require more than 1 certification under this section for any [lead-based paint](/usc/15/2681.md?p=9) activities contractor to carry out [lead-based paint](/usc/15/2681.md?p=9) activities in the [State](/usc/15/2602.md?p=16) or political subdivision thereof.
- (g) **Grants to States—** The [Administrator](/usc/15/2602.md?p=1) is authorized to make grants to [States](/usc/15/2602.md?p=16) to develop and carry out authorized [State](/usc/15/2602.md?p=16) programs under this section. The grants shall be subject to such terms and conditions as the [Administrator](/usc/15/2602.md?p=1) may establish to further the purposes of this subchapter.
- (h) **Enforcement by Administrator—** If a [State](/usc/15/2602.md?p=16) does not have a [State](/usc/15/2602.md?p=16) program authorized under this section and in effect by the date which is 2 years after promulgation of the regulations under section [2682](/usc/15/2682.md) or [2686](/usc/15/2686.md) of this title, the [Administrator](/usc/15/2602.md?p=1) shall, by such date, establish a Federal program for section [2682](/usc/15/2682.md) or [2686](/usc/15/2686.md) of this title (as the case may be) for such [State](/usc/15/2602.md?p=16) and administer and enforce such program in such [State](/usc/15/2602.md?p=16).

## Source credit

(Pub. L. 94–469, title IV, § 404, as added Pub. L. 102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat. 3916.)
