[Federal Register Volume 62, Number 149 (Monday, August 4, 1997)]
[Rules and Regulations]
[Page 42018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20464]
[[Page 42017]]
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Part IV
Department of Labor
Occuaptional Safety and Health Administration
_______________________________________________________________________
29 CFR Part 1910
Air Contaminants: Corrections; Rule
Federal Register / Vol. 62, No. 149 / Monday, August 4, 1997 / Rules
and Regulations
[[Page 42018]]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
RIN 1218-AB26
Air Contaminants; Corrections
AGENCY: Occupational Safety and Health Administration; Labor.
ACTION: Correcting amendments.
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SUMMARY: This document makes corrections to the OSHA standard on Air
Contaminants. Specifically, this document corrects typographical errors
in the table containing limits for air contaminants and the table on
mineral dusts.
EFFECTIVE DATE: September 3, 1997.
FOR FURTHER INFORMATION CONTACT: Bonnie Friedman, Director, OSHA Office
of Public Affairs, U.S. Department of Labor, 200 Constitution Avenue,
NW, Room N3647, Washington, D.C. 20210, Telephone: 202-219-8148.
SUPPLEMENTARY INFORMATION:
Background
OSHA published revisions to its rule on Air Contaminants on June
30, 1993 (58 FR35338) in response to the Court of Appeals decision in
AFL-CIO v. OSHA, 965 F.2d 962 (11th Circuit, 1992). Those revisions are
currently printed in the Code of Federal Regulations, Air Contaminants
Standard, 29 CFR 1910.1000, Tables Z-1, Z-2, and Z-3.
Need for Corrections
As published, the standard contains typographical errors which may
prove to be misleading, and incorrect entries which are in need of
clarification and correction. This document corrects these errors.
For one group of substances, Cyanides, OSHA inadvertently omitted
the ``x'' notation in the ``skin designation'' column to indicate that
the substance is absorbed through the skin.
For two substances, Endosulfan and Perlite (respirable and total
dust), the entries and their corresponding PELs should be deleted. The
entries, including their respective PELs, are a carryover from the 1989
Air Contaminants Standard which was vacated by the U.S. Court of
Appeals, Eleventh Circuit. The substance Endosulfan was not listed in
the air contaminant tables when OSHA adopted the consensus standards on
May 29, 1971 (36 FR 10466) and consequently is not currently regulated.
OSHA formerly regulated Perlite under the generic nuisance dust limits
of 15 mg/m\3\ total dust and 5 mg/m\3\ respirable fraction.
Consequently, Perlite is currently is currently regulated under the
entry ``particulates not otherwise regulated'' which is the current
nomenclature for what was formerly referred to as ``nuisance dust.''
The exposure limit for Uranium insoluble compounds is incorrectly
listed as 0.05 mg/m\3\. It should be listed as 0.25 mg/m\3\.
The formula for the PEL for coal dust with less than 5% quartz
(respirable fraction) is incorrectly listed as:
[GRAPHIC] [TIFF OMITTED] TR04AU97.000
It should be 2.4 mg/m\3\.
List of Subjects in 29 CFR Part 1910
Air contaminants, Chemicals, Hazardous substances, Occupational
safety and health, Permissible exposure limits.
Accordingly, 29 CFR Part 1910 is corrected by making the following
correcting amendments:
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
1. The authority citation for Subpart Z of Part 1910 continues to
read as follows:
Authority Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, and 657); Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), of 1-90 (55 FR 9033), as applicable; and 29 CFR part
1911.
All of Subpart Z issued under sec. 6(b) of the Occupational
Safety and Health Act, except those substances that have exposure
limits listed in Tables Z-1, Z-2, or Z-3 of 29 CFR 1910.1000. The
latter were issued under sec. 6(a) (29 U.S.C. 655(a)).
Section 1910.1000, Tables Z-1, Z-2, and Z-3 also issued under 5
U.S.C. 553. Section 1910.1000, Tables Z-1, Z-2, and Z-3 not issued
under 29 CFR part 1911 except for the arsenic (organic compounds),
benzene, and cotton dust listings.
Section 1910.1001 also issued under section 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 333) and 5 U.S.C.
553.
Section 1910.1002 not issued under U.S.C. 655 or 29 CFR part
1911; also issued under 5 U.S.C. 553.
Section 1910.1200 also issued under 5 U.S.C. 553.
Sec. 1910.1000 [Corrected]
Table Z-1 [Corrected]
2. In Sec. 1910.1000, table Z-1 is amended as follows:
a. In the entry for ``Cyanides (as CN)'', add an ``x'' in the
``Skin designation'' column.
b. In the entry for ``1,2-Dibromo-3-chloropropane (CBCP); see
1910.1044'', the parenthetical ``(CBCP)'' in the ``Substance'' column
is revised to read `'(DBCP)''.
c. The entry for ``Endosulfan'' is removed.
d. The entries for ``Perlite'' are removed.
e. In the entry for ``2,4,6-Trinitrophenyl; see Picric acid'', the
word ``Trinitrophenyl'' is revised to read `'Trinitrophenol''.
f. In the entry for ``Uranium (as U), Insoluble compounds'', the
number ``0.05'' in the ``mg/m3'' column is revised to read
``0.25''.
Table Z-3 [Corrected]
2. Sec. 1910.1000, table Z-3 is amended in the entry for ``Coal
Dust: Respirable fraction less than 5% SiO2'', by revising
[GRAPHIC] [TIFF OMITTED] TR04AU97.001
in the ``mg/m \3\'' column to read ``2.4 mg/m3 e''.
Signed at Washington, DC this 25th day of July, 1997.
Greg Watchman,
Acting Assistant Secretary.
[FR Doc. 97-20464 Filed 8-1-97; 8:45 am]
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