States must petition EPA to formally take charge of implementing the Renovation, Repair and Painting program within their state. EPA put together a guidance document for states who want to implement their own Renovation, Repair and Painting Program:
- The state petitions the EPA Administrator
- The Program Certification Method
- Your state submits to EPA a certification that the laws of the state are “at least as protective” as the federal rule, including “adequate” enforcement of compliance in addition to its regular application materials.
The Application Process:
- Public Notice: Before the State can develop an application, it must provide public notice of intent to seek authorization and an opportunity for public hearing on its application.
- The State compiles the application. It must contain:
- Cover Sheet
- Program Summary
- Governor’s Letter requesting program approval
- Attorney General’s Statement: that the State laws and regulations provide the adequate legal authority to administer and enforce this program
- Program Description
- an enforcement and compliance program description that must include an analysis comparing the program to the Federal program and demonstrate how the program is as protective as the Federal program; and
- copies of all applicable State or Tribal statutes and regulations
- Program Certification (optional): The Governor or Attorney General certifies that the State program meets the criteria established for program authorization. This allows for the program to be authorized as soon as EPA receives the application.
- The state submits three copies of the Application to EPA.
- EPA Review:
- For applications with a Program Certification, they are deemed authorized immediately. It will be in effect until EPA disapproves the program or the state withdraws its application.
- EPA will review applications without a Program Certification within 180 days.
