1246.14 Attachment C

§ 763.120

40 CFR Ch. I (7–1–11 Edition)

Sinai School of Medicine of the City University of New York, New York, New York.
19. A. M. Langer, M. S. Wolff, A. N. Rohl,
and I. J. Selikoff, Variation of properties of
chrysotile asbestos subjected to milling, J.
Toxicol. and Environ. Health, 4:173–188, 1978.
20. A. M. Langer, A. D. Mackler, and F. D.
Pooley, Electron microscopical investigation
of asbestos fibers, Environ. Health Perspect.,
9:63–80, 1974.
21. E. Occella and G. Maddalon, X-ray diffraction characteristics of some types of asbestos in relation to different techniques of
comminution, Med. Lavoro, 54(10):628–636,
1963.
22. K. R. Spurny, W. Sto¨ber, H. Opiela, and
G. Weiss, On the problem of milling and ultrasonic treatment of asbestos and glass fibers in biological and analytical applications, Am. Ind. Hyg. Assoc. J., 41:198–203, 1980.
23. L. G. Berry and B. Mason, Mineralogy,
San Francisco: W. H. Greeman & Co., 1959.
24. J. P. Schelz, The detection of chrysotile
asbestos at low levels in talc by differential
thermal analysis, Thermochimica Acta, 8:197–
204, 1974.
25. Reference 1, pp. 372–374.
26. J. Leroux, Staub-Reinhalt Luft, 29:26
(English), 1969.
27. J. A. Leroux, B. C. Davey, and A.
Paillard, Am. Ind. Hyg. Assoc. J., 34:409, 1973.
[47 FR 23369, May 27, 1982; 47 FR 38535, Sept.
1, 1982; Redesignated at 60 FR 31922, June 19,
1995]

Subpart F [Reserved]
Subpart G—Asbestos Worker
Protection
SOURCE: 65 FR 69216, Nov. 15, 2000, unless
otherwise noted.

§ 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 § 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).

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Environmental Protection Agency

§ 763.163

(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]
Subpart I—Prohibition of the Manufacture, Importation, Processing, and Distribution in
Commerce of Certain Asbestos-Containing Products; Labeling Requirements
SOURCE: 54 FR 29507, July 12, 1989, unless
otherwise noted.

§ 763.160

Scope.

This subpart prohibits the manufacture, importation, processing, and distribution in commerce of the asbestoscontaining products identified and at
the dates indicated in §§ 763.165, 763.167,
and 763.169. This subpart requires that
products subject to this rule’s bans,
but not yet subject to a ban on distribution in commerce, be labeled. This
subpart also includes general exemptions and procedures for requesting exemptions from the provisions of this
subpart.
§ 763.163

Definitions.

For purposes of this subpart:
Act means the Toxic Substances Control Act, 15 U.S.C. 2601 et seq.
Agency means the United States Environmental Protection Agency.

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