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933 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 applica- tion and make a preliminary deter- mination whether your State's asbes- tos worker protection plan meets the requirements of TSCA section 18. (i) If EPA's preliminary determina- tion is that your State's plan does meet the requirements of TSCA section 18, EPA will initiate a rulemaking, in- cluding an opportunity for public com- ment, 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 determina- tion is that the State plan does not meet the requirements of TSCA section 18, EPA will notify your State in writ- ing and will give your State a reason- able opportunity to respond to that de- termination. (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 ex- emption. If EPA has exempted your State from the requirements of this subpart, your State must update its as- bestos worker protection regulations as necessary to implement changes to meet the requirements of this subpart, and must apply to EPA for an amend- ment 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 pro- tection plan meets the requirements of TSCA section 18. Your State must sub- mit 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 applica- tion for an amendment and make a pre- liminary determination whether your State's updated asbestos worker pro- tection plan meets the requirements of TSCA section 18. (i) If EPA determines that the up- dated State plan does meet the require- ments of TSCA section 18, EPA will issue your State an amended exemp- tion. (ii) If EPA determines that the up- dated State plan does not meet the re- quirements of TSCA section 18, EPA will notify your State in writing and will give your State a reasonable op- portunity to respond to that deter- mination. (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 require- ments of this subpart. Subpart H [Reserved] Subpart I—Prohibition of the Man- ufacture, Importation, Proc- essing, and Distribution in Commerce of Certain Asbes- tos-Containing Products; La- beling Requirements SOURCE: 54 FR 29507, July 12, 1989, unless otherwise noted. § 763.160 Scope. This subpart prohibits the manufac- ture, importation, processing, and dis- tribution in commerce of the asbestos- containing 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 dis- tribution in commerce, be labeled. This subpart also includes general exemp- tions and procedures for requesting ex- emptions from the provisions of this subpart. § 763.163 Definitions. For purposes of this subpart: Act means the Toxic Substances Con- trol Act, 15 U.S.C. 2601 et seq. Agency means the United States En- vironmental Protection Agency. VerDate Mar<15>2010 16:57 Aug 29, 2011 Jkt 223174 PO 00000 Frm 00943 Fmt 8010 Sfmt 8010 Q:\40\40V31.TXT ofr150 PsN: PC150

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