[Federal Register Volume 60, Number 146 (Monday, July 31, 1995)]
[Notices]
[Pages 39009-39011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18699]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
Oregon State Standards; Notice of Approval
1. Background
Part 1953 of Title 29, Code of Federal Regulations, prescribes
procedures under Section 18 of the Occupational Safety and Health Act
of 1970 (hereinafter called the Act) by which the Regional
Administrator for Occupational Safety and Health (hereinafter called
Regional Administrator) under a delegation of authority from the
Assistant Secretary of Labor for occupational Safety and Health
(hereinafter called the Assistant Secretary (29 CFR 1953.4) will review
and approve standards promulgated pursuant to a State plan which has
been approved in accordance with Section 18(c) of the Act and 29 CFR
Part 1902. On December 28, 1972, notice was published in the Federal
Register (37 FR 28628) of the approval of the Oregon plan and the
adoption of Subpart D to Part 1952 containing the decision.
The Oregon plan provides for adoption of State standards which are
at least as effective as comparable Federal standards promulgated under
Section 6 of the Act. Section 1953.20 provides that where any
alteration in the Federal program could have an adverse impact on the
at least as effective as status of the State program, a program change
supplement to a State plan shall be required. The Oregon plan also
provides for the adoption of Federal standards as State standards by
reference.
In response to Federal standard changes, the State has submitted by
letter dated May 10, 1994, a standard amendment identical to 29 CFR
1910.110(d)(11), Storage and Handling of Liquefied Petroleum Gases, as
published in the Federal Register (58 FR 15089) on March 19, 1993. This
correction was made when the standard was reprinted on August 27, 1993.
In response to Federal standard changes, the State has submitted by
letter dated April 21, 1994, State standard amendments identical to 29
CFR 1910.94, 1910.96 and 1910.100, Subpart G--Occupational Health and
Environmental Control, as published in the Federal Register (58 FR
35308) on June 30, 1993. These corrections were made when the standard
was reprinted on April 6, 1994.
In response to Federal standard changes, the State has submitted by
letter dated November 4, 1994, State standard amendments identical to
29 CFR 1910.132, 1910.133, 1910.135, 1910.136 and 1910.138 and
Appendices A and B, Personal Protective Equipment, as published in the
Federal Register (59 FR 6126) on February 9, 1994. In addition, several
Oregon-initiated rules at OAR 437-02-123 through 137 were delegated
because the new Federal adoption now covers these areas. The changes
were adopted in Administrative Order 5-1994, on September 30, 1994, and
became effective on September 30, 1994.
In response to Federal standard changes, the State has submitted by
letter dated November 4, 1994, State standard amendments identical to
Federal changes to 29 CFR 1910.146(k)(2)(ii) and the ``Atmospheric
monitoring'' section of Appendix E,
[[Page 39010]]
``Sewer System Entry'', of the Permit-Required Confined Spaces
standard, as published in the Federal Register (59 FR 26114) on May 19,
1994. The change was adopted in Administrative Order 5-1994, on
September 30, 1994, and became effective on September 30, 1994. OSHA
previously approved Oregon's Permit-Required Confined Spaces standard
in the Federal Register (58 FR 57631) on October 26, 1993.
On its own initiative, the State of Oregon has submitted by letter
dated February 10, 1994, a repeal of most of the State standard OAR
437. Division 116, Carcinogens, and a renumbered State-initiated rule
for Carcinogens in Laboratories, OAR 437-02-391. Oregon has repealed
most of Division 116 because the carcinogens in this code have been
replaced by separate federal standards for individual carcinogens. The
State's original Carcinogens standard, OAR 437 Chapter 22-017(D),
received Federal Register approval (40 FR 50583) on October 30, 1975.
The State's standard was subsequently recodified, without change, as
OAR 437, Division 116, and received Federal Register approval (52 FR
27077) on July 17, 1987. The change was adopted in Administrative Order
12-1993 on August 20, 1993, and became effective on November 1, 1993.
On its own initiative, the State of Oregon has submitted by letter
dated February 10, 1994, from John A. Pompei, Administrator, to James
W. Lake, Regional Administrator, and incorporated as part of the plan,
a redesignated, renumbered and slightly amended standard for Thiram,
which is not covered by OSHA. The State's original standard OAR 437,
Division 130, received Federal Register approval (44 FR 71469) on
December 11, 1979. The amendment to the standard deleted a minor
exemption to an eye protection requirement. The change was adopted in
Administrative Order 12-1993 on August 20, 1993, and became effective
on November 1, 1993.
On its own initiative, the State of Oregon has submitted by letter
dated February 10, 1994, a renumbered and slightly amended standard for
MOCA (4, 4'-Methylene bis (2-Chloro-Aniline)), which is not covered by
OSHA. The State's original standard OAR 437, Chapter 22-017(D) received
Federal Register approval (40 FR 50583) on October 30, 1975. The
State's original standard was subsequently recodified, without change,
as OAR 437, Division 116, and received Federal Register approval (52 FR
27077) on July 17, 1987. This change is needed because the State's one
code at Division 116, which covered all carcinogens, was replaced by 16
separate standards identical to the federal. However, since MOCA is not
required by OSHA, a separate standard for MOCA is necessary. The only
changes to the standard were to change the word carcinogen to MOCA,
him/her to them and his/her to their. The change was adopted in
Administrative Order 12-1993 on August 20, 1993, and became effective
on November 1, 1993.
On its own initiative, the State of Oregon has submitted by letter
dated February 10, 1994, repeal of OAR 437, Division 137 and adoption
by reference of 29 CFR 1910.1002, Coal Tar Pitch Volatiles. The State's
original standard received Federal Register approval (50 FR 20105) on
May 14, 1985. The change was adopted in Administrative Order 12-1993 on
August 20, 1993, and became effective on November 1 1993.
On its own initiative, the State of Oregon has submitted by letter
dated February 10, 1994, a repeal of most of OAR 437, Division 116 and
the adoption by reference of the toxic and hazardous substances at 29
CFR 1910.1003 and 1910.1004, and 1910.1006 through 1910.1016. The
State's original standard, OAR Chapter 22-017(D), received Federal
Register approval (40 FR 50583) on October 30, 1975. The State's
standard was subsequently recodified, without change, as OAR 437,
Division 116, and received Federal Register approval (52 FR 27077) on
July 17, 1987. The change was adopted in Administrative Order 12-1993
on August 20, 1993, and became effective on November 1, 1993.
On its own initiative, the State of Oregon has submitted by letter
dated February 10, 1994, a repeal of OAR 437, Division 131, and the
adoption by reference of 29 CFR 1910.1017, Vinyl Chloride. The original
standard received Federal Register approval (45 FR 81132) on December
9, 1980. The change was adopted in Administrative Order 12-1993 on
August 20, 1993, and became effective on November 1, 1993.
On its own initiative, the State of Oregon has submitted by letter
dated February 10, 1994, a repeal of OAR 437, Division 100, and the
adoption by reference of 29 CFR 1910.1018, Inorganic Arsenic. The
original standard received Federal Register approval (45 FR 47546) on
July 15, 1980. The change was adopted in Administrative Order 12-1993
on August 20, 1993, and became effective on November 1, 1993.
On its own initiative, the State of Oregon has submitted by letter
dated February 10, 1994, the adoption by reference of 29 CFR 1910.1029,
Coke Oven Emissions. Previously, the State certified that there was no
industry where the standard would apply. The change was adopted in
Administrative Order 12-1993 on August 20, 1993, and became effective
on November 1, 1993.
On its own initiative, the State of Oregon has submitted by letter
dated February 10, 1994, a repeal of OAR 437, Division 146, and the
adoption by reference of 29 CFR 1910.1043, Cotton Dust. The original
standard received Federal Register approval (47 FR 7550) on February
19, 1982. The change was adopted in Administrative Order 12-1993 on
August 20, 1993, and became effective on November 1, 1993.
On its own initiative, the State of Oregon has submitted by letter
dated February 10, 1994, a repeal of OAR 437, Division 132, and the
adoption by reference of 29 CFR 1910.1044, 1,2-Dibromo-3-Chloropropane.
The original standard received Federal Register approval (44 FR 71470)
on December 11, 1979. The change was adopted in Administrative Order
12-1993 on August 20, 1993, and became effective on November 1, 1993.
On its own initiative, the State of Oregon has submitted by letter
dated February 10, 1994, a repeal of OAR 437, Division 135, and the
adoption by reference of 29 CFR 1910.1045, Acrylonitrile. The original
standard received Federal Register approval (45 FR 47546) on July 15,
1980. The change was adopted in Administrative Order 12-1993 on August
20, 1993, and became effective on November 1, 1993.
All State letters were sent from John A. Pompei, Administrator, to
James W. Lake, Regional Administrator, and incorporated as part of the
plan.
2. Decision
OSHA has determined that the State standard amendments are at least
as effective as the comparable Federal standards, as required by
Section 18(c)(2) of the Act. OSHA has also determined that these State
standard amendments are identical to the Federal amendments, except for
the Carcinogens in Laboratories, Thiram, and MOCA changes which are
substantially identical to the previously approved standards. OSHA
therefore approves the standards; however, the right to reconsider this
approval is reserved for the Carcinogens in Laboratories, Thiram, and
MOCA amendments should substantial objections be submitted to the
Assistant Secretary.
3. Location of Supplement for Inspection and Copying
A copy of the standards, along with the approved plan, may be
inspected and copied during normal business hours at the following
locations: Office of the Regional Administrator,
[[Page 39011]]
Occupational Safety and Health Administration, 1111 Third Avenue, Suite
715, Seattle, Washington 98101-3212; Oregon Occupational Safety and
Health Division, Department of Consumer and Business Services, Salem,
Oregon 97310; and the Office of State Programs, Occupational Safety and
Health Administration, Room N-3476, 200 Constitution Avenue, NW,
Washington, D.C. 20210.
4. Public Participation
Under 29 CFR 1953.2(c), the Assistant Secretary may prescribe
alternative procedures to expedite the review process or for other good
cause which may be consistent with applicable laws. The Assistant
Secretary finds that good cause exists for not publishing the
supplement to the Oregon State Plan as a proposed change and making the
Regional Administrator's approval effective upon publication for the
following reasons:
1. The standard changes are identical to the federal standards
which were promulgated in accordance with the federal law including
meeting requirements for public participation.
2. The standard changes were adopted in accordance with the
procedural requirements of State law and further pubic participation
would be repetitious.
This decision is effective July 31, 1995.
(Sec. 18, Pub. L. 91-596, 84 Stat. 6108 [29 U.S.C. 667]).
Signed at Seattle, Washington, this 20th day of March 1995.
Richard S. Terrill,
Acting Regional Administrator.
[FR Doc. 95-18699 Filed 7-28-95; 8:45 am]
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