ARKANSAS DEPARTMENT OF HEALTH 

TSCA § 402 LEAD-BASED PAINT TRAINING AND CERTIFICATION 

PROGRAM SUMMARY 

The Arkansas Department of Health is seeking authorization to administer 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 Control Act and as promulgated 

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

authorization. 

Currently, the Arkansas Department of Health has statutory authority pursuant to Arkansas Code 

Annotated §§ 20-27-2401-2409 to administer the Lead-based Paint Hazards Act of 2011. This 

Act ensures that lead-based paint activities conducted in target housing or child-occupied 

facilities in the state of Arkansas are performed by trained and 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 training providers receive review and approval prior to receiving a 

license and are audited to maintain a standard of instruction. 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 provisions of 40 CFR Section 745. 

The Lead-based Paint Hazard Act of 2011 also provides 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 training 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 Pertaining to Lead-based paint Activities also requires 

that the training adhere to a course curriculum as specified in 40 CFR Section 745. Finally, the 

Rules allow for course audit and, if necessary, disciplinary actions that may include suspension; 

revocation; modification; or injunction; or pursuit of criminal prosecution. 

Arkansas Board of Health Rules pertaining to Lead-based Paint Activities also provides that 

individuals apply for certification and firms apply for licensing prior to conducting lead-based 

paint activities in the state of Arkansas. The certification process ensures that individuals 

received training from a training provider approved by the State of Arkansas, or a training 

provider approved by the Environmental Protection Agency, or a state or tribal program 

approved by the Environmental Protection Agency. Further, the certification process ensures 

that individuals in certain disciplines have proven a certain level 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 Rules also mandate refresher courses for the leadbased paint professionals. 

Lead-based paint firms are also required to submit to an application process in which the firm 

assures that only trained and certified lead-based paint professionals will be employed to conduct 

Arkansas Department of Health August 2011 
Arkansas Department of Health 2 August 2011 

lead-based paint activities in the state of Arkansas. Both firms and individuals are subject to 

disciplinary action for submitting false information; failing to comply with worker practice 

standards; employing uncertified individuals; and failing to comply with record-keeping 

requirements. This disciplinary action may include suspension; revocation; modification; 

injunction; or pursuit of criminal prosecution. 

Arkansas Board of Health Rules pertaining to Lead-based Paint Activities provides standards for 

work practice of lead-based paint activities in the state of Arkansas 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 personnel who review notifications of lead-based 

paint abatements; inspect lead-based paint abatements – including reviewing work practices, 

certifications, and licensures; conduct public outreach; review applications by individuals and 

firms; audit training providers; and conduct enforcement actions for violations.