[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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