ARKANSAS DEPARTMENT OF HEALTH 

TSCA § 402 LEAD-BASED PAINT TRAINING AND CERTIFICATION 

PROGRAM DESCRIPTION 

A. INTRODUCTION 

The Lead-Based Paint Hazard Program in the state of Arkansas is administered by the Arkansas 

Department of Health (ADH). Within the Department, the Applied Epidemiology Branch has 

immediate responsibility for administering the program. The contact person is Shirley Louie, 

M.S., CIH, Applied Epidemiology Branch Chief and Deputy State Epidemiologist. 

The Lead-Based Paint Hazard Program, as authorized by Arkansas Code Ann. §§ 20-27-2401-

2409 and the Arkansas Board of Health Rules Pertaining to Lead-based Paint Activities, 

mandates the conduct of lead-based paint activities in the state of Arkansas. 

Particularly, the statute and the rules prescribe that training providers, firms, and individual 

professionals submit to a licensing and certification process to assure certain core competence by 

scoring a minimum on a test, in addition to the course exam administered by the training 

provider. The Lead-Based Paint Hazard Program also ensures work practice standards for 

performing lead-based paint activities. 

The term “lead-based paint” or “LBP” is used throughout this document and is defined as: 

“paint or other surface coatings that contain lead equal to or in excess of 1.0 mg/cm2

 (milligrams 

per square centimeter) or more than 0.5 percent by weight. Section II (56) 

Lead-based paint activities include: 

“in the case of target housing and child-occupied facilities, inspection, risk assessment, and 

abatement.” Section II (57) 

Target housing is defined as: 

“any housing constructed prior to 1978, except housing for the elderly or persons with 

disabilities (unless any one or more children age six years or younger resides or is expected to 

reside in such housing for the elderly or persons with disabilities) or any zero - bedroom 

dwelling.” Section II (93) 

Child-occupied facility is defined as: 

“a building or portion of a building constructed prior to 1978, visited regularly by the same child, 

age six years or younger on at least two different days within any week (Sunday through 

Saturday period), provided that each day’s visit lasts at least three hours and the combined 
weekly visit lasts at least six hours, and the combined annual visits last at least 60 hours. Childoccupied facilities may include, but are not limited to, day-care centers, preschools and 

kindergarten classrooms.” Section II (17) 

Inspection is defined as: 

“a surface-by-surface investigation to determine the presence of lead - based paint and the 

provision of a written report explaining the results of the investigation. Inspections may only be 

performed by an individual certified as an inspector or risk assessor.” Section II (53) 

Risk assessment is defined as: 

“means (1) an on-site investigation to determine the existence, nature, severity, and location of 

lead - based paint hazards, and (2) the provision of a written report by the certified risk assessor 

and the licensed contractor or consultant conducting the risk assessment, explaining the results of 

the investigation and options for reducing lead - based paint hazards. Risk assessments may only 

be performed by individuals certified as risk assessors.” Section II (89) 

Abatement is defined as: 

“any measure or set of measures designed to permanently eliminate lead - based paint hazards. 

Abatement includes, but is not limited to: Section II (1) – (3) 

(1) The removal of paint and dust, the permanent enclosure or encapsulation of lead - based 

paint, the replacement of painted surfaces or fixtures, or the removal or permanent 

covering of soil, when lead - based paint hazards are present in such paint, dust or soil; 

and 

(2) All preparation, cleanup, disposal, and post-abatement clearance testing activities 

associated with such measures. 

(3) Specifically, abatement includes, but is not limited to: 

(A) Projects for which there is a written contract or other documentation, which 

provides that an individual or contractor or consultant will be conducting 

activities in or to a target house or child-occupied facility that: 

(i) Shall result in the permanent elimination of lead - based paint hazards; or 

(ii) Are designed to permanently eliminate lead - based paint hazards and are 

described in the above-referenced paragraphs (1) and (2) of this definition. 

(B) Projects resulting in the permanent elimination of lead - based paint hazards, 

conducted by contractors or consultants licensed in accordance with the 

provisions of this rule and individuals certified pursuant to the provisions of this 

rule, unless such projects are addressed by paragraph (4) of this definition. 

(C) Projects resulting in the permanent elimination of lead - based paint hazards, 

conducted by contractors or consultants or individuals who, through their 

company name or promotional literature, represent, advertise, bid, or hold 

themselves out to be in the business of performing lead - based paint activities as 

identified and defined by this rule, unless such projects are covered by paragraph 

Arkansas Department of Health 2 August 2011 
(4) of this definition. 

(D) Projects resulting in the permanent elimination of lead - based paint hazards, that 

are conducted in response to Federal, state or local abatement orders. 

(4) Abatement does not include renovations, remodeling, landscaping or other activities, 

when such activities are not designed to permanently eliminate lead - based paint 

hazards, but instead are designed to repair, restore, or remodel a given structure or 

dwelling, even though these activities may incidentally result in a reduction or 

elimination of lead - based paint hazards. Furthermore, abatement does not include 

interim controls, operations and maintenance activities, or other measures and activities 

designed to temporarily, but not permanently, reduce lead - based paint hazards. 

Section II (4) 

Throughout the above mentioned definitions are the definitions for lead-based paint hazard, leadcontaminated soil, and lead-contaminated dust. Specifically, a lead-based paint hazard is any 

condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or 

lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or 

impact surfaces that would result in adverse human health effects as identified by the EPA 

pursuant to TSCA section 403. Section II (58) Lead-contaminated soil is bare soil on target 

house real property and on the property of a child-occupied facility that contains lead at or in 

excess of levels identified by the EPA pursuant to TSCA section 403. Section II (60) 

Lead-contaminated dust is surface dust in target houses or child-occupied facilities that contains 

an area or mass concentration of lead at or in excess of levels identified by the EPA pursuant to 

TSCA section 403. Section II (59) 

The program provides for enforcement for failure to comply with the statute and the rules. This 

includes the ability to revoke or modify certification of individuals and licensing of training 

providers and firms for falsification of documents, failure to have the proper training, and failure 

to follow work practice standards or training requirements. In addition to revocation, the 

Department has the authority to pursue an action in either an administrative venue or any court of 

competent jurisdiction for civil or criminal penalties. The Department also provides notification 

of alleged violations and an opportunity for appeal, including the submission of evidence and the 

proffer of witnesses. Administrative matters may also be appealed to the proper appellate-level 

court. 

Shirley Louie, M.S., CIH, is immediately responsible for the administration of the Lead-Based 

Paint Activities Program. Ms. Louie’s supervisor is Dr. John Senner, Director of the Center for 

Public Health Practice. 

B. DESCRIPTION OF PROGRAM 

The following information expands upon the existing program elements of the lead-based paint 

activities program. The Lead-Based Paint Hazard Act of 2011 was enacted with the specific 

intent to “adopt, administer, and enforce a program of licensing lead-based paint activities 

training programs, procedures, and requirements for the licensing and certification of individuals 

Arkansas Department of Health 3 August 2011 
and firms engaged in lead-based paint activities and work practice standards for performing such 

activities ... A.C.A. §§ 20-27-2401-2409. 

The Act also provides, 

The Department of Health shall administer and enforce this subchapter with the powers 

and duties to: 1) require and regulate training and examinations for individuals engaged 

in lead-based paint activities under this subchapter; 2) establish standards and procedures 

for the licensing and certification of firms and individuals engaged in lead-based paint 

activities and training providers engaged in training individuals for certification under 

this subchapter; 3) enforce rules necessary or appropriate to the implementation of this 

subchapter, including without limitation taking legal action in a court of competent 

jurisdiction; 4) issue licenses and certifications to all applicants that satisfy the 

requirements of this subchapter; 5) review the licenses and certifications under this 

subchapter; and 6) suspend or revoke the licenses and certifications under this subchapter 

for cause and after notice and opportunity for a hearing. 

The Act also provides that: 

It is unlawful for a person to: 1) conduct lead-based paint activities without having first 

obtained a license or certification, or both, from the Department of Health when acting as 

a contractor, consultant, training provider, inspector, project designer, risk assessor, 

supervisor, or worker; 2) violate the subchapter or any rule or order adopted or issued 

under this subchapter; 3) knowingly make any false statement, representation, or 

certification in any application, record, report, or other document filed or required to be 

maintained under this subchapter or rules adopted under this subchapter, or to falsify, 

tamper with, or knowingly render inaccurate any monitoring device or method required 

to be maintained under this subchapter or any rule adopted under this subchapter; or 4) 

participate in any lead-based paint hazard activity contrary to the rules or orders issued 

under this subchapter and the rules adopted under this subchapter, whether or not the 

person is required to have a license under this subchapter. 

Moreover, Section III of the Arkansas Board of Health Rules Pertaining to Lead-Based Paint 

Activities specifically addresses the requirements for application and approval of lead-based 

paint training providers. Section III (b) lists the application process that includes minimum 

educational and experience standards for the training manager and instructors. Section III (c) 

and (d) addresses the specific course requirements for the particular disciplines. Reaccreditation 

standards for lead-based paint activities training programs are prescribed in Section III (e). 

Disciplinary actions for lead-based paint activities training providers are addressed in Section III 

(f). Record keeping requirements for these training programs are addressed in Section III (g). 

Similarly, the Act and the Rules ensure that individuals performing lead-based paint activities are 

trained and certified to perform these activities. The Arkansas Board of Health Rules Pertaining 

to Lead-Based Paint Activities prescribes the activities of individuals engaged in lead-based paint 

activities. The purpose of the Rules is to establish standards and procedures for the certification 

of individuals engaged in lead-based paint activities. The specific requirements for certification 

Arkansas Department of Health 4 August 2011 
are mandated in Section IV of the Arkansas Board of Health Rules Pertaining to Lead-Based 

Paint Activities, including original certification; renewal of certification; reciprocity; and a 

requirement for testing other than the course completion test administered by the training 

provider. Section IX, Enforcement, clearly describes prohibited behavior that includes working 

without certification and training; falsification of documents; and fraudulently obtaining 

certification. 

Both the statute and the rules provide for work practice standards. The requirement for work 

practice standards is specifically stated in the legislative intent. A.C.A.§§20-27-2401-2409. 

Similarly, the purpose of the Arkansas Board of Health Rules Pertaining to Lead-Based Paint 

Activities clearly includes that it is to “establish work practice standards for performing leadbased paint activities”. Section I (b)(3)(D) 

Section VIII (a) details the work practice standards by defining documented methodologies and 

the activities of inspection, lead hazard screen risk assessment and abatement. Additionally, 

laboratory analysis is discussed, as well as prohibited practices. These prohibitions on 

individuals and firms follow the work practices in these Rules, including those is Section IX (a), 

Violations. 

Firms engaged in lead-based paint activities are also required to be licensed pursuant to the 

Lead-Based Paint-Hazard Act of 2011 and the Arkansas Board of Health Rules Pertaining to 

Lead-Based Paint Activities. Additional requirements in the Rules mandate they employment of 

trained and certified individuals to perform lead-based paint activities and penalties for failure to 

comply with these provisions. 

C. PROGRAM ANALYSIS 

1. Program Elements 

a. Accreditation of Training Programs 

Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities Section III (c) details 

the training requirements for the disciplines of Inspector (Section III (c) (1)); Risk Assessor 

(Section III (c) (2)); Supervisor (Section III (c) (3); Project Designer (Section III (c) (4) and 

Abatement Worker (Section III (c) (5). 

The minimum training hour requirements are detailed in Section III (b) (4) (G). Specifically, the 

Inspector course is required to last a minimum of 24 hours, including 8 hours of hands-on 

training. The Risk Assessor course is required to last a minimum of 16 training hours, including 

4 hours of hands-on training. The Supervisor course is required to last a minimum of 32 hours, 

including 8 hours of hands-on training. The Project Designer course is required to last a 

minimum of 8 hours. The Worker course is required to last a minimum of 16 hours, including 8 

hours of hands-on training. Refresher courses and their requirements are mandated in Section III 

(d). 

To ensure trainee competency and proficiency, the training providers are required to administer a 

course test with a 70% passing score out of 100 questions, in addition to requiring trainees to 

successfully complete a hands-on assessment. Section III (b) (4) (H). Additionally, the course 

Arkansas Department of Health 5 August 2011 
blueprint has been submitted to ADH and approved prior to issuance of a license and the training 

manager is required to maintain the validity of the test. Section III (b) (4) (H) (ii). 

The Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities assures quality 

control of the lead-based paint courses by requiring the training providers to develop a quality 

control plan prior to licensing of the program. Section III (b) (4) (J). The training provider is 

also required to establish procedures for periodic review of the training program (Section III (b) 

(4) (J) (i)) and an annual review of instructor competency (Section III (b) (4) (J) (ii)). 

Training providers may seek reaccreditation of their programs pursuant to Section III (e). This 

includes a review of the curriculum and course materials; the test blueprint; hands-on instruction; 

and hands-on skill assessment. 

To ensure the level of quality prescribed by the Arkansas Board of Health Rules Pertaining to 

Lead-Based Paint Activities, training providers are required to keep detailed records and make 

these records available for ADH review. Section III (g). This includes required documentation 

necessary for review of instructor qualifications; test blueprint; current course materials; 

documentation regarding hands-on instruction; and information regarding the quality control 

plan. Section III (b) (4) (M) specifically authorizes inspections of the training facility and 

training class. 

Enforcement against lead-based paint training providers is explicitly authorized in A.C.A. §§ 20-

27-2401-2409. These prohibitions are further detailed in Section III (f) Suspension, revocation, 

and/or modification of training programs. Section IX (a) Enforcement, Violations, give further 

notification of prohibited actions. Penalty assessment is set forth in Section IX (c). 

The Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities makes specific 

provisions for accepting training offered by training providers approved by the Environmental 

Protection Agency (EPA), or state or tribal programs approved by the Environmental Protection 

Agency. Section IV (1) (B) (ii). 

b. Certification of Individuals 

Section I (b) (3) (C) states that one of the purposes of the Arkansas Board of Health Rules 

Pertaining to Lead-Based Paint Activities is to “establish procedures and requirements for the 

certification of individuals engaged in lead-based paint activities”. Section I (b) (3) (E) further 

requires that all lead-based paint activities performed in target housing or child-occupied 

facilities be performed by certified individuals. The procedure for certification is detailed in 

Section IV (a) (1) (A) (i) – (v). 

“(A) Individuals seeking original certification by the Department to engage in lead-based 

paint activities must submit to the Department: (i) a complete application, including any 

applicable fees; (ii) a completed disclosure statement for individuals; (iii) an original 

training certificate in the appropriate discipline issued by a licensed training provider 

approved by EPA, or a training provider approved by a state or Indian Tribal program 

Arkansas Department of Health 6 August 2011 
that has been approved by EPA; (iv) an affidavit that they currently meet the education 

requirements set for by this section, if applicable; and (v) if applicable, a certificate 

demonstrating that they have passed a certification exam in the appropriate discipline.” 

The same requirements apply to certification of individuals seeking certification based on 

reciprocity. Section IV (a) (1) (B) (i) – (vi). 

Training and experience requirements for individuals seeking certification for a specific 

discipline are prescribed in Section IV: Inspector, (b) (1) (A) – (C); Risk Assessor, (b) (2) (A) – 

(F); Supervisor, (b) (3) (A) – (E); Worker, (d) (1); and Project Designer, (d) (2) (A) – (C). The 

training manager is responsible for ensuring that the training program complies at all times with 

all applicable requirements go Title IV of TSCA and this Rule. Section IV (b) (4) (L). 

Individuals are also required to recertify as prescribed in Section IV (h). 

Individuals are also required to perform lead-based paint activities in compliance with the work 

practices prescribed in the Lead-Based Paint Hazard Act of 2011 and the Arkansas Board of 

Health Rules Pertaining to Lead-Based Paint Activities Section VIII (a). Section IV (i) (7) 

provides that the ADH may suspend, revoke, deny or modify an individual’s certification if an 

individual has failed to comply with work practice standards set forth in the Rules. 

Should the ADH pursue enforcement for violations of the Arkansas Board of Health Rules 

Pertaining to Lead-Based Paint Activities, individuals may request a hearing on any decision of 

the Director to revoke, modify or suspend a certification or a license pursuant to the requirements 

of Administrative Procedure Act, A.C.A § 25-15-201, et seq. 

The ADH requires individuals applying for certification as Inspector, Risk Assessor or 

Supervisor to demonstrate a level of performance by passing a certification examination in 

addition to the course examination administered by the training provider. Section IV (c) 

addresses the requirements of this certification examination. 

c. Standards for the Conduct of Lead-based Paint Activities 

Inspection 

The Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities requires that 

inspections be performed by certified individuals employed by licensed firms. This requirement 

appears throughout the Rules, including in the General Provision Section, which provides that all 

lead-based paint activities must be performed by certified individuals employed by a licensed 

contractor or licensed consultant for that particular lead-based paint activity; or employed as an 

in-house employee for that particular lead-based paint activity. Section I (h) (1) (A) and (B). 

This requirement is addressed again in the definition of a certified inspector; who must be 

certified by the ADH to conduct lead-based paint inspections and must perform these lead-based 

paint inspections for a licensed contractor or consultant. This requirement is reiterated in Section 

IV (a), which requires that individuals must first apply to the ADH for certification to engage in 

lead-based paint activities, which include inspections and that the individual must submit an 

original training certificate and satisfaction of the examination requirements. Firms are also 

Arkansas Department of Health 7 August 2011 
mandated to employ only appropriately certified individuals for performing lead-based paint 

activities. Section V (a) (2). Finally, Section VIII (b) (1) and (2) requires that inspections be 

performed by individuals certified by the ADH as an inspector or risk assessor and performing 

the inspection for a licensed lead-based paint consultant or lead-based paint contractor or as an 

in-house employee. 

By definition, an inspection is a surface-to-surface investigation to determine the presence of 

lead-based paint and the provision of a written report explaining the results of the investigation. 

Section II (53). Section VIII (b) (2) (A) (i) states that both interior and exterior locations should 

be inspected. Section VIII (a) (4) prescribes that inspections are to be performed according to 

documented methodologies listed. Section VIII (a) (2) (C) (i) – (x) addresses the specifics of the 

written report which should sufficiently describe the building in question the owner, the 

individuals and firms performing the lead-based paint activities; the testing methods used; the 

specific locations tested, including a diagram; and the results of the testing expressed in terms 

appropriate for the testing method. Also, the firm is required to retain this report document for 3 

years. Section VIII (i). 

Risk Assessment 

Risk assessments may only be performed by certified individuals employed by licensed firms. 

Section I (h) (1) (A) and (B). 

Risk assessment is defined as on on-site investigation to determine the existence, nature, 

severity, and location of lead-based paint hazards. Section II (89). At a minimum, a risk 

assessment includes a visual inspection and environmental sampling for lead in dust, paint and 

soil. Section VIII (d) (2). The result of the risk assessment is a written report that identifies the 

following: date of the assessment; the address of the buildings; the date of construction; the name 

and address of the owner; the name, address, certification number of the risk assessor and the 

name, address, and license number of the firm employing that individual; the name and address 

of the certified laboratory performing the analysis; the results of the visual inspection and the 

testing methods employed; the specific location of each painted component tested including a 

diagram; a copy of all data generated from on-site testing; the results of previous inspections; a 

description of the hazard identified; and proposed interim controls and abatement options. 

Section VIII (d) (2) (O) (i) – (xviii). 

These records are to be retained by the firm for a minimum for 3 years as mandated by Section 

VIII (i), Recordkeeping. 

Abatement 

The Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities mandate that all 

lead-based paint activities, as defined by these Rules, which are performed on target housing or 

child-occupied facilities must be performed by individuals certified in the relevant disciplines. 

Section I (h) (1). 

Arkansas Department of Health 8 August 2011 
The definition of a certified abatement worker is an individual who has been trained by a 

licensed lead-based paint activities training program, as defined by this rule, or a training 

program which has been accredited by EPA or a state or Indian Tribal program that has been 

approved by EPA pursuant to 40 CFR Section 745.324 and the individual has been certified by 

the ADH to perform lead-based paint abatements. Section II (10). Firms are required to certify 

that they will only employ appropriately certified individuals to perform lead-based paint 

activities. Section V (a) (2). As indicated in Section VIII (e) that outline procedures for 

abatement activities, only individuals certified by ADH may perform abatements. Section IX 

details the above-described prohibitions. 

By definition, abatements are the permanent elimination of lead-based paint hazards and will not 

result in increased hazards to occupants of target housing or child-occupied facilities. Section II 

(3). 

Post-abatement clearance levels are established in Section VIII (e) (9) (H) and required in 

Section VIII (e) (9) (E). The standards for performing these clearance activities include: visual 

inspection; who and when dust samples are taken; taking dust samples in single-family and 

multi-family dwellings; and a requirement to repeat the cleaning process until the acceptable 

level is achieved. 

The Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities requires the 

preparation of a written abatement report that includes the dates of the abatement activities; the 

name, address, and license number of the firm conducting the abatement; a copy of the occupant 

protection plan and the name, address, and certificate number of the risk assessor or inspector 

preparing the plan; the results of clearance testing; and a detailed written description and diagram 

of the abatement area, including the abatement methods used. Section VIII (e) (11) (A) – (F). 

Additionally, Section VIII (i), Recordkeeping, requires firms performing lead-based paint 

activities to retain all reports generated in conducting these activities for a minimum of 3 years. 

d. Standards for the Licensing of Firms 

The Lead-Based Paint Hazard Act of 2011 requires licensing of firms engaged in lead-based 

paint activities. The Act further mandated that the ADH establish standards and procedures for 

the licensing of firms engaged in lead-based paint activities. The ADH is also empowered to 

suspend or revoke licenses. A.C.A. §§ 20-27-2401-2409. 

The Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities states that the 

purpose of this Rule is to: establish procedures and requirements for the licensing of lead-based 

paint activities contractors and consultants and require that all lead-based paint activities 

performed in target housing or child-occupied facilities be performed by a licensed lead-based 

paint consultant or contractor and certified individuals. Section I (b) (3) (B) and (E). 

The Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities also mandate that 

contractors or consultants who perform or offer to perform the lead-based paint activities 

described in these Rules shall be licensed by the ADH. The contractor or consultant must then 

Arkansas Department of Health 9 August 2011 
submit a certification to the ADH that the firm will only employ appropriately certified 

individuals to perform lead-based paint activities; and that work practice standards will be 

followed; and a supervisor will be present during the performance of all lead-based paint 

activities. Section V (a) (2). 

Licensed forms are also required to maintain records. These records are subject to review by the 

ADH and inspection of the site at which the firm is performing lead-based paint activities. The 

ADH is specifically authorized to enforce violations in any court of competent jurisdiction and to 

pursue civil and criminal enforcement. Administrative violations may be appealed pursuant to 

the requirements of Administrative Procedure Act, A.C.A § 25-15-201, et seq. Actions that may 

result in enforcement are in Sections V and IX of the Arkansas Board of Health Rules Pertaining 

to Lead-Based Paint Activities. 

INFRASTRUCTURE TO ADMINISTER AND ENFORCE THE LEAD-BASED PAINT 

ACTIVITIES PROGRAM 

Enforcement and Compliance Element 1 – Adequate Standards, Regulations and Authority 

(1) The ADH has the authority to license training providers in a manner as protective of human 

health and the environment as the program authorized by 40 CFR Section 745.325 (b). This 

statutory and regulatory authority is primarily found in the Lead-Based Paint Hazard Act of 

2011, A.C.A. §§ 20-27-2401-2409 and The Arkansas Board of Health Rules Pertaining to LeadBased Paint Activities. Section III, Licensing Procedures for Lead-based Paint Activities 

Training Providers. Specific citations to the ADH statute and Rules are provided above to detail 

a comparison to the TSCA requirements. 

ADH also has the statutory and regulatory authority to certify individuals in lead-based paint 

activities as required by 40 CFR 745.325(c). This statutory and regulatory authority is primarily 

found in the Lead-Based Paint Hazard Act of 2011, A.C.A. §§ 20-27-2401-2409 and The 

Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities. Section IV, 

Certification of Individuals engaged in Lead-Based Paint Abatement Activities Performed on 

Target Housing and Child-Occupied Facilities. They also authorize the ADH to provide 

protection to human health and the environment in a manner as protective as the TSCA program. 

Specific citations to the ADH statute and Rules are provided above to detail a comparison to the 

TSCA requirements. 

The ADH has the statutory and regulatory authority in the Lead-Based Paint Hazard Act of 2011, 

A.C.A. §§ 20-27-2401-2409 and The Arkansas Board of Health Rules Pertaining to Lead-Based 

Paint Activities, Sections IV and VIII, which ensures that the ADH can protect human health and 

the environment to the extent provided in the TSCA program. The language of the statute and 

Rules is discussed in detail above and demonstrates the ability of the ADH as compared to that 

of the authority in the TSCA program. 

(2) As part of the ability of the ADH to be as protective of human health and the environment, 

ADH staff has the authority to enter facilities for the purpose of conducting inspections of the 

conduct of lead-based paint activities, Section IX (a) (1) (A) and (B); to audit training programs 

Arkansas Department of Health 10 August 2011 
to assure the training provider conforms to the standards of the Arkansas Board of Health Rules 

Pertaining to Lead-Based Paint Activities; and to review records. Section III (b) (4) (M). 

The Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities Section III (g) 

requires that training programs maintain and make available to EPA and/or the ADH training 

records. Section IX (a) (1) (A) specifically lists failure or refusal to permit access, entry, or 

inspection by ADH staff in the performance of their duties as a violation; and Section IX (a) (1) 

(B) further lists that failure or refusal to permit inspection or copying of any document or record 

required to be kept under the provision of this Rule by ADH staff in the performance of their 

duties as a violation. 

(3) The ADH has an array of flexible remedies available to ensure compliance with the 

provisions of the Lead-Based Paint Hazard Act of 2011 and the Arkansas Board of Health Rules 

Pertaining to Lead-Based Paint Activities. A.C.A. § 20-7-101 (b) (A) (1) state that every firm, 

person, or corporation who violates any of the rules or regulations issued or promulgated by the 

State Board of Health or who violates any condition of a license, permit, certificate, or any other 

type of registration issued by the board may be assessed a civil penalty by the board. 

Section IX (c) (1) (A) – (C) of the Arkansas Board of Health Rules Pertaining to Lead-Based 

Paint Activities authorizes the ADH to institute a civil action in any court of competent 

jurisdiction to: restrain any violation of or compel compliance with the provisions of the LeadBased Paint Hazard Act of 2011 and any rules, orders, issued pursuant thereto; affirmatively 

order that remedial measures be taken as may be necessary or appropriate to implement or 

effectuate the purpose and intent of the Lead-Based Paint Hazard Act 0f 2011; and to recover all 

costs, expenses, and damages to the ADH and any other agency or subdivision of the State in 

enforcing or effectuating the provisions of this Act, including, but not limited to, natural resource 

damages. Section IX (c) (2) also provides for the recovery of civil penalties. 

The Arkansas Department of Health has the authority to suspend, revoke or modify: a license of 

a training program, Section II (d); an individual, Section IV (i); or a firm, Section V (b). A more 

complete, but not exclusive list of violations is set forth in Section IX, Enforcement. 

Enforcement and Compliance Element 2 – Performance Component 

The ADH can demonstrate its ability to enforce the lead-based paint activities program based 

upon its allocation of staff. The ADH is committed to training the staff administering the leadbased paint activities program. This includes: attending training that will assist the staff in 

developing enforcement files; maintaining enforcement files; obtaining knowledge of the 

particular lead-based paint activities disciplines; violation determinations; consent in evidence 

gathering preservation of evidence; chain-of-custody; and sampling procedures. This is 

considered to be an on-going process that has been initiated prior to application for authorization 

to administer the federal program. 

The ADH is committed to providing compliance assistance to the public at large and to the 

regulated community. This includes accessibility by telephone to answer questions and discuss 

issues. The staff is available to meet with individuals or small groups at the ADH or to attend 

Arkansas Department of Health 11 August 2011 
Arkansas Department of Health 12 August 2011 

larger meetings and speak on lead-based paint activities issues. The staff in the Environmental 

Epidemiology Section will be developing an interpretive guidance manual and distribute staff 

interpretations on issues as matters require clarification. The ADH has allotted three individuals 

to work with the lead-based paint activities program. Additionally, there are three environmental 

epidemiologists who can also be available to assist if needed. Administrative and legal 

personnel are also available to support the activities of this program. 

Enforcement and Compliance Element 3 – Summary of Progress and Performance 

The ADH is committed to providing a written summary of compliance and enforcement efforts 

in lead-based paint activities to the EPA Regional Administrator, Region VI. This summary 

shall include a summary of the scope of the regulated community, including the number of 

licensed training providers, firms, and certified individuals. In discussing the scope, the ADH 

will provide the number of inspections conducted; the number and type of enforcement actions 

taken; compliance assistance provided to the public and the regulated community; the level of 

resources committed to this program. 

The summary will also include a discussion of the significance of changes in the enforcement of 

the lead-based paint hazard program. The ADH will also discuss the results from the 

implementation of the compliance and enforcement of this program. The ADH will also discuss 

how measures of success were achieved and directly assess the impact of compliance or 

enforcement on reducing threats to public health and the environment.