Attachment C 40 CFR 763 Subpart GTI TL E 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 employ ees who are not protected by the Asbestos Standards of the Occupational Safet y and Health Administration (OSHA). This subpart applies the OSHA Asbestos Standards in 29 CFR 1910.1001 and 29 CFR 1926.11 01 to these employ ees. 763.121 Does this subpart apply to me? If you are a State or local government emplo yer 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, y ou 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 emplo yer 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 associ ated 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 Stat e may be exempted from the requirements of this subpart. (a) States seeking an exemption. I f your State wishes to implement its own asbestos worker protection plan, rather than compl yi ng 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, y our State must send to the Director of EPA’s Office of Pollution Prevention and Toxics (OPPT) a cop y 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 r equirements of TSCA section 18, EPA will initiate a rulemaking, including an opportunit y 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 den yi ng the exe mption. (ii) If EPA’s preliminary

determination is that the State plan does not meet the requirements of TSCA section 18, EPA will notify y our State in writing and will give your State a reasonable opportunity to respond to that determination. (iii) If E PA does not grant y our State an exemption, then the State and local government emplo yers in your State are subject to the requirements of this subpart. (b) States that have been granted an exemption. I f EPA has exempted y our State from the requirements of this subpart, y our 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 cop y of its updated asbestos worker protection regulations and a detailed explanation of how your State’s updated asbestos worker protec tion plan meets the requirements of TSCA section 18. Your State must submit its application foran amendment within 6 months of the effective date of an y changes to the requirements of this subpart, or within a reasonable time agreed upon by y our 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 requirem ents of TSCA section 18. (i) If EPA determines that the updated State plan does meet the requirements of TSCA section 18, EPA will issue y our 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 y our State in writing and will give your State a reasonable opportunit y to respond to that determination. (iii) If EPA does not grant y our State an amended exemption, or if y our State does not submit a timely request for amended exemption, then the State and local government employ ers in your State are subject to the requirements of this subpart.