Attachment C

40 CFR 763 Subpart G

TITLE 40--PROTECTION OF ENVIRONMENT

 

CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 763--ASBESTOS

 

Subpart G--Asbestos Worker Protection

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.

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 section 
763.123, you must follow the requirements of this subpart to protect
your employees from occupational exposure to asbestos.

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.

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).

(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.

