40 C.F.R. § 745.320
§ 745.320 Scope and purpose. (40 CFR Part 745)
Operative Text
(a) This subpart establishes the requirements that State or Tribal programs must meet for authorization by the Administrator to administer and enforce the standards, regulations, or other requirements established under TSCA section 402 and/or section 406 and establishes the procedures EPA will follow in approving, revising, and withdrawing approval of State or Tribal programs. (b) For State or Tribal lead-based paint training and certification programs, a State or Indian Tribe may seek authorization to administer and enforce §§ 745.225, 745.226, and 745.227. The provisions of §§ 745.220, 745.223, 745.233, 745.235, 745.237, and 745.239 shall be applicable for the purposes of such program authorization. (c) A State or Indian Tribe may seek authorization to administer and enforce all of the provisions of subpart E of this part, just the pre-renovation education provisions of subpart E of this part, or just the training, certification, accreditation, and work practice provisions of subpart E of this part. The provisions of §§ 745.324 and 745.326 apply for the purposes of such program authorizations. (d) A State or Indian Tribe applying for program authorization may seek either interim approval or final approval of the compliance and enforcement portion of the State or Tribal lead-based paint program pursuant to the procedures at § 745.327(a). (e) State or Tribal submissions for program authorization shall comply with the procedures set out in this subpart. (f) Any State or Tribal program approved by the Administrator under this subpart shall at all times comply with the requirements of this subpart. (g) In many cases States will lack authority to regulate activities in Indian Country. This lack of authority does not impair a State's ability to obtain full program authorization in accordance with this subpart. EPA will administer the program in Indian Country if neither the State nor Indian Tribe has been granted program authorization by EPA.
Section 745.320 sets out the scope and purpose of the federal framework governing how states and tribal governments can obtain EPA authorization to run their own lead-based paint training, certification, and renovation safety programs in place of direct federal enforcement. Under this provision, a state or tribe may seek authorization to administer all or specific portions of the relevant subpart E requirements, and must follow defined procedures for gaining, revising, or losing that authorization. Where neither a state nor a tribe holds EPA-granted authorization—particularly in Indian Country—EPA itself steps in to administer the program directly.
Plain English — not legal advice.
Property owners and managers operating in jurisdictions covered by § 745.320 should be aware that the lead-based paint rules they must follow may be administered either by an EPA-authorized state or tribal program or directly by EPA, depending on the location of the property. A compliant operator generally identifies which agency—state, tribal, or federal EPA—holds enforcement authority over their specific work location, since the applicable certification, training, and renovation requirements flow through that authorized program. Staying current on whether a state or tribal program has received, revised, or lost authorization under § 745.320 helps operators direct compliance questions to the correct regulatory body.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 745.320, tenants benefit from knowing that lead-based paint protections—including pre-renovation education and contractor certification requirements—are enforced either by an EPA-authorized state or tribal agency or by EPA directly, ensuring no geographic gap in oversight. If a tenant believes these protections have not been followed, they can identify the administering authority (state agency, tribal program, or EPA regional office) and explore filing a complaint with that body. Tenant-rights organizations and local housing agencies can help residents of affected properties understand which program holds authority under § 745.320 and what enforcement paths are generally available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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