[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR763]
[Page 754-755]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 763--ASBESTOS--Table of Contents
Subpart G--Asbestos Worker Protection
Source: 65 FR 69216, Nov. 15, 2000, unless otherwise noted.
Sec. 763.120 What is the purpose of this subpart?
This subpart protects certain State and local government employees
who are not protected by the Asbestos Standards of the Occupational
Safety and Health Administration (OSHA). This subpart applies the OSHA
Asbestos Standards in 29 CFR 1910.1001 and 29 CFR 1926.1101 to these
employees.
Sec. 763.121 Does this subpart apply to me?
If you are a State or local government employer and you are not
subject to a State asbestos standard that OSHA has approved under
section 18 of the Occupational Safety and Health Act or a State asbestos
plan that EPA has exempted from the requirements of this subpart under
Sec. 763.123, you must follow the requirements of this subpart to
protect your employees from occupational exposure to asbestos.
Sec. 763.122 What does this subpart require me to do?
If you are a State or local government employer whose employees
perform:
(a) Construction activities identified in 29 CFR 1926.1101(a), you
must:
(1) Comply with the OSHA standards in 29 CFR 1926.1101.
(2) Submit notifications required for alternative control methods to
the Director, National Program Chemicals Division (7404), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460.
(b) Custodial activities not associated with the construction
activities identified in 29 CFR 1926.1101(a), you must comply with the
OSHA standards in 29 CFR 1910.1001.
(c) Repair, cleaning, or replacement of asbestos-containing clutch
plates and brake pads, shoes, and linings, or removal of asbestos-
containing residue from brake drums or clutch housings, you must comply
with the OSHA standards in 29 CFR 1910.1001.
Sec. 763.123 May a State implement its own asbestos worker protection
plan?
This section describes the process under which a State may be
exempted from the requirements of this subpart.
(a) States seeking an exemption. If your State wishes to implement
its own asbestos worker protection plan, rather than complying with the
requirements of this subpart, your State must apply for and receive an
exemption from EPA.
(1) What must my State do to apply for an exemption? To apply for an
exemption from the requirements of this subpart, your State must send to
the Director of EPA's Office of Pollution Prevention and Toxics (OPPT) a
copy of its asbestos worker protection regulations and a detailed
explanation of how your State's asbestos worker protection plan meets
the requirements of TSCA section 18 (15 U.S.C. 2617).
[[Page 755]]
(2) What action will EPA take on my State's application for an
exemption? EPA will review your State's application and make a
preliminary determination whether your State's asbestos worker
protection plan meets the requirements of TSCA section 18.
(i) If EPA's preliminary determination is that your State's plan
does meet the requirements of TSCA section 18, EPA will initiate a
rulemaking, including an opportunity for public comment, to exempt your
State from the requirements of this subpart. After considering any
comments, EPA will issue a final rule granting or denying the exemption.
(ii) If EPA's preliminary determination is that the State plan does
not meet the requirements of TSCA section 18, EPA will notify your State
in writing and will give your State a reasonable opportunity to respond
to that determination.
(iii) If EPA does not grant your State an exemption, then the State
and local government employers in your State are subject to the
requirements of this subpart.
(b) States that have been granted an exemption. If EPA has exempted
your State from the requirements of this subpart, your State must update
its asbestos worker protection regulations as necessary to implement
changes to meet the requirements of this subpart, and must apply to EPA
for an amendment to its exemption.
(1) What must my State do to apply for an amendment to its
exemption? To apply for an amendment to its exemption, your State must
send to the Director of OPPT a copy of its updated asbestos worker
protection regulations and a detailed explanation of how your State's
updated asbestos worker protection plan meets the requirements of TSCA
section 18. Your State must submit its application for an amendment
within 6 months of the effective date of any changes to the requirements
of this subpart, or within a reasonable time agreed upon by your State
and OPPT.
(2) What action will EPA take on my State's application for an
amendment? EPA will review your State's application for an amendment and
make a preliminary determination whether your State's updated asbestos
worker protection plan meets the requirements of TSCA section 18.
(i) If EPA determines that the updated State plan does meet the
requirements of TSCA section 18, EPA will issue your State an amended
exemption.
(ii) If EPA determines that the updated State plan does not meet the
requirements of TSCA section 18, EPA will notify your State in writing
and will give your State a reasonable opportunity to respond to that
determination.
(iii) If EPA does not grant your State an amended exemption, or if
your State does not submit a timely request for amended exemption, then
the State and local government employers in your State are subject to
the requirements of this subpart.
Subpart H [Reserved]