[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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