[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR763.123]

[Page 795-796]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 763--ASBESTOS--Table of Contents
 
                  Subpart G--Asbestos Worker Protection
 
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

[[Page 796]]

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.

Subpart H [Reserved]