[Code of Federal Regulations]
[Title 40, Volume 30]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR763.123]

[Page 815-816]
 
                   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 ownasbestos worker protection 
plan?

    This section describes the process under which a State may be 
exempted from therequirements of this subpart.
    (a) States seeking an exemption. If your State wishes to implement 
itsown asbestos worker protection plan, rather than complying with the 
requirements of thissubpart, 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 
anexemption from the requirements of this subpart, your State must send 
to the Director of EPA'sOffice of Pollution Prevention and Toxics (OPPT) 
a copy of its asbestos worker protectionregulations and a detailed 
explanation of how your State's asbestos worker protection plan meetsthe 
requirements of TSCA section 18 (15 U.S.C. 2617).

[[Page 816]]

    (2) What action will EPA take on my State's application for 
anexemption? EPA will review your State's application and make a 
preliminary determinationwhether your State's asbestos worker protection 
plan meets the requirements of TSCA section18.
    (i) If EPA's preliminary determination is that your State's plan 
does meet therequirements of TSCA section 18, EPA will initiate a 
rulemaking, including an opportunity forpublic comment, to exempt your 
State from the requirements of this subpart. After consideringany 
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 therequirements of TSCA section 18, EPA will notify your State 
in writing and will give your Statea reasonable opportunity to respond 
to that determination.
    (iii) If EPA does not grant your State an exemption, then the State 
and localgovernment employers in your State are subject to the 
requirements of this subpart.
    (b) States that have been granted an exemption. If EPA has 
exemptedyourState from the requirements of this subpart, your State must 
update its asbestos workerprotection regulations as necessary to 
implement changes to meet the requirements of thissubpart, 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 anamendment to its exemption, your State must 
send to the Director of OPPT a copy of its updatedasbestos worker 
protection regulations and a detailed explanation of how your State's 
updatedasbestos worker protection plan meets the requirements of TSCA 
section 18. Your State mustsubmit its application for an amendment 
within 6 months of the effective date of any changes tothe requirements 
of this subpart, or within a reasonable time agreed upon by your State 
andOPPT.
    (2) What action will EPA take on my State's application for 
anamendment? EPA will review your State's application for an amendment 
and make apreliminary determination whether your State's updated 
asbestos worker protection plan meetsthe requirements of TSCA section 
18.
    (i) If EPA determines that the updated State plan does meet the 
requirements ofTSCA section 18, EPA will issue your State an amended 
exemption.
    (ii) If EPA determines that the updated State plan does not meet the 
requirements ofTSCA section 18, EPA will notify your State in writing 
and will give your State a reasonableopportunity to respond to that 
determination.
    (iii) If EPA does not grant your State an amended exemption, or if 
your State doesnot submit a timely request for amended exemption, then 
the State and local governmentemployers in your State are subject to the 
requirements of this subpart.

Subpart H [Reserved]