3.3 EPA-Administered vs Authorized State Programs (Subpart Q) and Reciprocity
Key Takeaways
- In a State or Indian Country without an authorized program under 745.324, EPA administers Subpart L: EPA issues the individual supervisor certificate and the firm certificate, and 745.227 is the work-practice rule.
- An EPA-authorized State or Tribe runs its own certification, accreditation, and work practices in lieu of EPA in that jurisdiction. Working across a state line can require that jurisdiction’s credential even if you already hold EPA or another state’s card.
- Authorized programs must be at least as protective as the federal program and provide adequate enforcement (745.324(e)(2)). More-stringent state rules win; they cannot be weaker than Subpart L.
- Reciprocity into the EPA-administered program: 745.226(a)(1)(ii) lets an individual apply electronically to EPA with a copy of a valid lead-based paint activities certification from an EPA-authorized State or Tribal program.
- Always verify the jobsite’s current administrator on EPA’s lead authorized-programs list before mobilizing. Authorizations change; do not rely on a memorized state count from an old textbook.
EPA-Administered vs Authorized State Programs (Subpart Q) and Reciprocity
Quick answer: Who issues the card is a function of where the work occurs. If the State or Tribe has an EPA-authorized lead-based paint activities program under Subpart Q, that program certifies supervisors and firms and writes the work practices you must follow on that jobsite. If it does not, EPA administers Subpart L. 745.226(a)(1)(ii) is the reciprocity path into EPA’s program from an authorized-state certificate. It is not automatic nationwide reciprocity.
A supervisor who treats an EPA certificate as a national license will eventually start an abatement in an authorized State without that State’s credential. That is how firms collect stop-work orders.
Two administrators, one federal floor
TSCA 404 told EPA to authorize States and Indian Tribes to run their own programs. Subpart Q is the procedure. 745.324(e)(2) is the approval test. EPA authorizes the program only if:
- The State or Tribal program is at least as protective of human health and the environment as the corresponding federal program under Subpart E or Subpart L, or both; and
- The program provides adequate enforcement.
At least as protective means the authorized program may match Subpart L or go further — lower dust-lead numbers, extra notification, longer training, a State-only discipline, licensing of firms that EPA would not require. More-stringent state rules win. An authorized State cannot certify you to skip 745.227’s prohibited practices. It can add a practice EPA does not require. On a job in that State, you follow the State rule set, which already had to clear the federal floor.
745.325 lists the program elements an authorized lead-based paint activities program must contain: accreditation of training, certification of individuals, work practice standards, a requirement that LBP activities be conducted by appropriately certified contractors, and the infrastructure to run the program. Abatement work practices in an authorized State must still permanently eliminate LBP hazards (dust-lead to below action levels), include post-abatement dust sampling against the State’s action levels, and produce an abatement report.
Abatement authorization and RRP authorization are separate. A State can be authorized for Subpart L (abatement) and not for Subpart E (RRP), or the reverse. EPA may authorize one and disapprove the other (745.324(e)(4)). Do not assume that because the State runs RRP it also issues your supervisor card, or the other way around. Check the abatement / lead-based paint activities column.
Who issues the card on this jobsite
| Jobsite location | Who certifies the supervisor and firm | Which work practices |
|---|---|---|
| State or Indian Country without an authorized LBP-activities program | EPA (745.226), including third-party exam for supervisor | 40 CFR 745.227 |
| State or Tribe with an authorized LBP-activities program | That State or Tribe | That program’s standards (at least as protective as Subpart L) |
| Work that crosses a state line or moves from an EPA state into an authorized state | Credential required by the jurisdiction of the jobsite | The jobsite’s program |
| Federal facility | 745.220(c): comply with all Federal, State, interstate, and local lead requirements, including Subpart L | Federal plus whatever State/local rules attach to that property |
745.220(b) already told you Subpart L applies only where there is no authorized program under 745.324. In an authorized State, showing an EPA supervisor card to the State inspector is not compliance unless that State has chosen to accept it. Many do not, or they accept it only after a reciprocity filing of their own.
What “EPA-administered” looks like in 2026
EPA still runs the federal lead-based paint activities program in jurisdictions that have not taken authorization. Historically that is a minority of States; most States run their own authorized abatement programs. EPA’s program-overview page (listing current as of 2026) identified EPA-administered States as Alaska, Arizona, Florida, Idaho, Montana, Nevada, New Mexico, New York, South Carolina, South Dakota, and Wyoming, with all other States authorized, plus certain authorized tribal programs (including the Cherokee Nation and specified Minnesota tribes). Treat that as a snapshot. Authorizations are granted, updated, and — under 745.324(i) — can be withdrawn. Before you mobilize, open EPA’s current authorized-programs list at epa.gov/lead (or the State lead-program page linked from it) and confirm who issues the card for that address, including whether the site is in Indian Country with a tribal program.
Do not memorize a count as if it were 745.223. The exam cares that you know to check, that unauthorized jurisdictions use EPA, and that authorized jurisdictions use the State or Tribe.
Reciprocity: 745.226(a)(1)(ii) is an EPA application path
Individuals seeking EPA certification have two electronic application routes under 745.226(a)(1):
- (i) Show that they meet the federal training, exam, and experience requirements in 745.226(b) or (c) for the discipline; or
- (ii) Submit an electronic application attaching a copy of a valid lead-based paint activities certification (or equivalent) from a State or Tribal program that has been authorized by EPA pursuant to Subpart Q.
Route (ii) is reciprocity into EPA’s administered program. A supervisor who already holds a valid authorized-state supervisor certificate can apply to EPA without re-taking the federal path from scratch, attaching that State/Tribal certificate. EPA still issues its certificate for work in EPA-administered jurisdictions. Fees in 745.238 still apply.
What route (ii) is not:
- A wallet card that automatically works in every authorized State.
- A way to skip the jobsite State’s application if that State does not grant reciprocity.
- Reciprocity from an unauthorized State’s homemade card (there is no such federal card except EPA’s).
- Reciprocity from an RRP renovator certificate into an abatement supervisor certificate. Different subparts, different disciplines.
State-to-state reciprocity is a State decision. Some authorized States will endorse another authorized State’s certificate, some will require their own course or exam, and some will not reciprocate at all. Read that State’s lead-program page. Do not bid a three-state swing-state contract on one EPA card and hope.
Crossing a state line — the mobilization checklist
Before the trucks leave the yard:
- Pin the jobsite. County, city, and whether the parcel is Indian Country. A tribal program can cover a site inside a State that is otherwise EPA-administered or State-authorized.
- Look up the current administrator on EPA’s list and the State or tribal lead-program site. Confirm abatement / LBP activities, not only RRP.
- Match credentials. EPA supervisor + EPA firm for EPA-administered work. State supervisor + State firm (or whatever that State calls them) for authorized-state work. If the firm is certified only by EPA, it is not a certified firm in an authorized State that issues its own firm licenses.
- Read extra stringency. Notification portals, waiting periods, dust-lead numbers, and waste rules may be tighter than 745.227. The stricter applicable requirement is the one you plan to.
- If you need EPA work after holding only a State card, use 745.226(a)(1)(ii) in time for EPA to issue the federal certificate. Do not start EPA-jurisdiction work on a State card and “file later.”
- Federal facilities: 745.220(c) still stacks federal, State, interstate, and local duties. A VA or military housing job can require both the federal work-practice floor and the host State’s credentialing if that is how the site is administered.
Enforcement overlay
After authorization, 745.324(f)(3) makes it an unlawful act under TSCA sections 15 and 409 to fail or refuse to comply with the authorized program. EPA keeps oversight and can withdraw authorization (745.324(g)–(i)). Your field problem is simpler: the inspector who walks onto the site works for whoever currently runs the program there. Have that issuer’s certificate in the job box, not last year’s certificate from a different State.
OSHA 1926.62 still applies on every abatement regardless of which environmental agency issued the lead card. State OSHA-plan States may have their own lead-in-construction rule as well. That is Chapter 16; do not let it distract you from the Subpart Q credential question.
A certified supervisor holds only an EPA individual certificate. The firm’s next abatement is in a State with an EPA-authorized lead-based paint activities program under Subpart Q. Who must issue the credential that authorizes that supervisor to run the job?
How does 40 CFR 745.226(a)(1)(ii) reciprocity work?
An authorized State’s lead program uses a lower interior floor dust-lead action level than 40 CFR 745.227 and requires 10 business days’ notice instead of 5. The supervisor holds that State’s credential and is working in that State. Which statement is correct?