[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR745.326]

[Page 552]
 
                   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. 745.326  Pre-renovation notification: State and Tribal program requirements.

    (a) Program elements. To receive authorization from EPA, a State or 
Tribal program must contain the following program elements for 
renovation disclosure:
    (1) Procedures and requirements for the distribution of lead hazard 
information to owners and occupants of target housing before renovations 
for compensation; and
    (2) An approved lead hazard information pamphlet meeting the 
requirements of section 406 of TSCA, as determined by EPA. EPA will 
provide States or Tribes with guidance on what is necessary for a State 
or Tribal pamphlet approval application.
    (b) Program to distribute lead information. To be considered at 
least as protective as the Federal requirements for pre-renovation 
distribution of information, the State or Indian Tribe must have 
procedures and requirements that establish:
    (1) Clear standards for identifying home improvement activities that 
trigger the pamphlet distribution requirements; and
    (2) Procedures for distributing the lead hazard information to 
owners and occupants of the housing prior to renovation activities.
    (c) Distribution of acceptable lead hazard information. To be 
considered at least as protective as the Federal requirements for the 
distribution of a lead hazard information pamphlet, the State or Indian 
Tribe must either:
    (1) Distribute the lead hazard information pamphlet developed by EPA 
under section 406(a) of TSCA, titled Protect Your Family from Lead in 
Your Home; or
    (2) Distribute an alternate pamphlet or package of lead hazard 
information that has been submitted by the State or Tribe, reviewed by 
EPA, and approved by EPA for use in that State or Tribe. Such 
information must meet the content requirements prescribed by section 
406(a) of TSCA, and be in a format that is readable to the diverse 
audience of housing owners and occupants in that State or Tribe.

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