[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1953.22]

[Page 129-130]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR--(CONTINUED)
 
PART 1953--CHANGES TO STATE PLANS FOR THE DEVELOPMENT AND ENFORCEMENT OF STATE STANDARDS--Table of Contents
 
              Subpart C--Federal Program Change Supplements
 
Sec. 1953.22  Emergency temporary standards.

    (a)(1) Immediately upon publication of an emergency temporary 
standard in the Federal Register, the Regional Administrator as directed 
by the Assistant Secretary, shall advise the States of the standard and 
the reason why a Federal program change supplement shall be required. 
The notification shall also provide that the State has 30 days after the 
effective date of the Federal standard to adopt, under the emergency 
procedures contained in the plan as required under Sec. 1902.4(a)(1) or 
(b)(2)(v) of this chapter, a State emergency temporary standard if the 
State plan covers that issue.
    (2) Within 15 days after receipt of the notice of a Federal 
emergency temporary standard from the Regional Administrator, the State 
shall advise the Assistant Regional Director, of the action it will 
take. The State should advise whether:
    (i) It plans to adopt the Federal standard,
    (ii) It plans to adopt an ``at least as effective as'' State 
standard,
    (iii) The State has an existing standard that is at least as 
effective,
    (iv) The Federal standard is not within an issue covered by the 
State plan, or
    (v) The State wants to exclude the issue as defined in 29 CFR 
1902.2(c) from the plan, which shall be considered as a request for an 
advisory opinion under subpart F of this part as to the separability of 
that issue.
    (3) The State shall also include an estimated date of promulgation 
generally not to exceed 30 days as set out in paragraph (a) of this 
section. Where the date will exceed 30 days the State shall include a 
date and the reason why a greater period of time is needed under State 
law.
    (4) The State may also request a finding from the Regional 
Administrator that there is good cause why the State is not required to 
adopt the standard on an emergency basis. The request must be supported 
by relevant data as provided under Sec. 1902.2(c)(2) and (3) of this 
chapter to show that there is no occupational exposure to the hazard 
within the State such as to warrant an emergency standard. The 
provisions in paragraph (b) of this section will be applicable to such a 
request. The application of this paragraph to emergency temporary 
standards does not mean that a permanent standard would not be required 
to be promulgated by the State.
    (b)(1) The emergency temporary standard when required under 
paragraph (a) of this section, shall be submitted to the Regional 
Administrator within 5 days following its adoption by the State. The 
Assistant Regional Director shall review the supplement and if 
examination discloses that the State standard is identical to or at 
least as effective as the comparable Federal standard, the Regional 
Administrator shall, within a reasonable time generally not to exceed 20 
days, publish a notice to that effect approving the State change.
    (2) If examination discloses that the State standard is not at least 
as effective as the comparable Federal standard, or that the period of 
time for promulgation which is longer than 30 days is not warranted 
under paragraph (a)(3) of this section, the Regional Administrator shall 
immediately notify the State of such findings and of an opportunity to 
cure such defect or show cause why the State temporary emergency 
standard should not be rejected. Within a reasonable time, generally not 
to exceed 20 days from the date of such notification, the Regional 
Administrator shall cause to be published in the Federal Register a 
notice approving or rejecting the State standard, whichever is 
appropriate. Where the State has not taken the opportunity to show cause 
why the standard should not be rejected, the notice of rejection shall 
have immediate effect. Where the State has presented arguments and data 
for approval of the standard and

[[Page 130]]

the question of rejection of the standard is still in issue, a limited 
public comment period may be provided before decision as to approval or 
rejection of the standard. The Regional Administrator may, in his 
discretion hold an informal hearing on rejection of the State emergency 
standard.