[Code of Federal Regulations]
[Title 40, Volume 29]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR745.320]

[Page 572]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 745_LEAD-BASED PAINT POISIONING PREVENTION IN CERTAIN RESIDENTIAL 
STRUCTURES--Table of Contents
 
               Subpart Q_State and Indian Tribal Programs
 
Sec. 745.320  Scope and purpose.

    Source: 61 FR 45825, Aug. 29, 1996, unless otherwise noted.


    (a) This subpart establishes the requirements that State or Tribal 
programs must meet for authorization by the Administrator to administer 
and enforce the standards, regulations, or other requirements 
established under TSCA section 402 and/or section 406 and establishes 
the procedures EPA will follow in approving, revising, and withdrawing 
approval of State or Tribal programs.
    (b) For State or Tribal lead-based paint training and certification 
programs, a State or Indian Tribe may seek authorization to administer 
and enforce Sec. Sec. 745.225, 745.226, and 745.227. The provisions of 
Sec. Sec. 745.220, 745.223, 745.233, 745.235, 745.237, and 745.239 
shall be applicable for the purposes of such program authorization.
    (c) For State or Tribal pre-renovation notification programs, a 
State or Indian Tribe may seek authorization to administer and enforce 
regulations developed pursuant to TSCA section 406.
    (d) A State or Indian Tribe applying for program authorization may 
seek either interim approval or final approval of the compliance and 
enforcement portion of the State or Tribal lead-based paint program 
pursuant to the procedures at Sec. 745.327(a).
    (e) State or Tribal submissions for program authorization shall 
comply with the procedures set out in this subpart.
    (f) Any State or Tribal program approved by the Administrator under 
this subpart shall at all times comply with the requirements of this 
subpart.
    (g) In many cases States will lack authority to regulate activities 
in Indian Country. This lack of authority does not impair a State's 
ability to obtain full program authorization in accordance with this 
subpart. EPA will administer the program in Indian Country if neither 
the State nor Indian Tribe has been granted program authorization by 
EPA.