ARKANSAS DEPARTMENT OF HEALTH

TSCA § 402 LEAD-BASED PAINT T RAINING AND CERTIFICATION

PROGRAM SUMMARY

The Arkansas Department of Health is seeking authorization to admini ster the Environmental Protection Agency Lead-Based Paint Activities in Target Housing and Child-Occupied Facilities program as provided by Section 402 of the Toxic Substances C ontrol Act and as promulgated

into rule in 40 CFR Section 745 and this document se rves as notification of this intent to seek

authorization.

Currently, the Arkansas Department of Health ha s statutory authority pursu ant to Arkansas Code Annotated §§ 20-27-2401-2409 to administer the Lead-based Paint Hazards Act of 2011. This Act ensures that lead-based pa int activities conducted in ta rget housing or child-occupied facilities in the state of Arkansas are performed by trained an d certified individuals who are employed by licensed lead-based paint firms. The Act also ensures that the individuals are trained by lead-based paint training providers who teach the curriculum outlined in 40 CFR

Section 745 and that the traini ng providers receive review a nd approval prior to receiving a

license and are audited to maintain a standard of instruct ion. Finally, the Act ensures that certified individuals, as well as licensed firms, perform lead-based paint activities according to work practices approved by 40 CFR Section 745. The Lead-based Paint Hazard Act of 2011 is as protective of human health and the environment as the pr ovisions of 40 CFR Section 745.

The Lead-based Paint Hazard Act of 2011 also pr ovides for the promulgation of the Arkansas Board of Health Rules pertaining to Lead-based Paint Activities. These Rules specifically detail provisions for becoming a lead-based paint traini ng provider. This includes a review of the training and experience of the persons offering the training and the type of facility within which the training will be conducted. The Rules Pertaini ng to Lead-based paint Activities also requires that the training adhere to a c ourse curriculum as specified in 40 CFR Section 745. Finally, the Rules allow for course audit and, if necessary, di sciplinary actions that may include suspension; revocation; modification; or injunction; or pursuit of criminal prosecution.

Arkansas Board of Health Rules pertaining to Le ad-based Paint Activities also provides that individuals apply for cer tification and firms apply for licen sing prior to conducting lead-based paint activities in the state of Arkansas. Th e certification process ensures that individuals received training from a traini ng provider approved by the Stat e of Arkansas, or a training provider approved by the Environmental Protecti on Agency, or a state or tribal program approved by the Environmental Protection Agency. Further, the certification process ensures

that individuals in certain disc iplines have proven a certain leve l of proficiency by achieving a passing score on an examination not conducted in conjunction with the training course test administered by the training provider. These Rule s also mandate refresher courses for the leadbased paint professionals.

Lead-based paint firms are also required to subm it to an application process in which the firm assures that only trained and cer tified lead-based paint professi onals will be employed to conduct

Arkansas Department of Health August 2011Arkansas Department of Health 2 August 2011 lead-based paint activities in the state of Arkans as. Both firms and individuals are subject to disciplinary action for submitting false informati on; failing to comply with worker practice standards; employing uncertified individuals; and failing to comply with record-keeping requirements. This disciplinary action may in clude suspension; revocation; modification; injunction; or pursuit of criminal prosecution.

Arkansas Board of Health Rules pertaining to Le ad-based Paint Activities provides standards for work practice of lead-based pain t activities in the state of Arka nsas and specifically references

the standards stated in 40 CFR Section 745. In conjunction with the work practice standards, the Rules mandate all laboratory testing be conducted by a laboratory approved by the Environmental Protection Agency pursuant to the National Lead Laboratory Accreditation Program (NLLAP).

The Rules and the Act are administered by the Applied Epidemiology Branch of the Arkansas Department of Health. The Branch includes pers onnel who review notifications of lead-based paint abatements; inspect lead-based paint abatements – including reviewing work practices, certifications, and licensures; conduct public out reach; review applications by individuals and firms; audit training providers; and conduct enforcement actions for violations.