[Federal Register Volume 63, Number 66 (Tuesday, April 7, 1998)]
[Proposed Rules]
[Pages 16918-16936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9044]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. S-022]
RIN 1218-AB55


Dipping And Coating Operations (Dip Tanks)

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Proposed rule.

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SUMMARY: OSHA's rules for dipping and coating operations are designed 
to protect employees from the fire, explosion, and other hazards 
associated with these operations. OSHA is proposing to revise these 
rules, which are codified at Secs. 1910.108 and 1910.94(d) of part 
1910. This revision will achieve three purposes: it will rewrite these 
rules in plain language, consolidate them in several new sequential 
sections in subpart H of part 1910, and update them to increase the 
compliance options available to employers. OSHA believes that the 
proposed revisions will enhance employee protection by making the 
sections more understandable to employers and employees and providing 
additional compliance flexibility to employers. These revisions will 
not increase the burden imposed on employers by the rules. When the 
rulemaking is completed, OSHA will codify the revisions as 
Sec. 1910.121 through 1910.125.
    OSHA is presenting two alternative versions of the proposed plain 
language sections. The first version is organized in the traditional 
OSHA regulatory format, while the second version uses a question-and-
answer format. OSHA invites comments on the substance of the proposed 
changes and on the alternative formats.

DATES: Written comments and requests for a hearing on this proposal 
must be postmarked by June 8, 1998.

ADDRESSES: Comments and requests for hearings must be submitted in 
quadruplicate or one (1) original (hardcopy) and one (1) diskette (5\1/
4\- or 3\1/2\-inch) in WordPerfect 5.0, 5.1, 6.0, or 6.1, or ASCII to: 
Docket Office, Docket No. S-022, Room N-2625, Occupational Safety and 
Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210; telephone: (202) 219-7894. Any 
information not contained on the diskettes (e.g., studies, articles) 
must be submitted in quadruplicate with the original. Written comments 
of 10 pages or less may be transmitted by facsimile (fax) to the Docket 
Office at (202) 219-5046, provided an original and three (3) copies are 
sent to the Docket Office before the end of the 60-day comment period.
    For an electronic copy of this Federal Register notice, contact the 
Labor News Bulletin Board at (202) 219-4748, or access OSHA's web page 
on the Internet at http://www.OSHA.gov. For news releases, fact sheets, 
and other short documents, contact the OSHA fax number at (900) 555-
3400; the cost is $1.50 per minute.

FOR FURTHER INFORMATION CONTACT: Technical inquiries should be directed 
to Mr. Terence Smith, Office of Fire Protection Engineering and System 
Safety Standards, Room N-3609, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW, 
Washington, DC 20210; telephone: (202) 219-7216; fax: (202) 219-7477.
    Requests for interviews and other press inquiries should be 
directed to Ms. Bonnie Friedman, Office of Information and Consumer 
Affairs, Room N-3647, Occupational Safety and Health Administration, 
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210; telephone: (202) 219-8148.

SUPPLEMENTARY INFORMATION:

I. Background

    In 1971, OSHA used section 6(a) of the Occupational Safety and 
Health Act of 1970 (``the Act'') (29 U.S.C. 655(a)) to adopt hundreds 
of national consensus standards and established Federal standards as 
occupational safety and health standards. Over the ensuing 27 years, 
OSHA became aware that some of these standards are wordy, difficult to 
understand, repetitive, and internally inconsistent. OSHA has also 
received a number of complaints that these standards were rigid and 
difficult to follow.
    In May 1995, President Clinton asked all Federal regulatory 
agencies to review their regulations to determine if the regulations 
were inconsistent, duplicative, outdated, or in need of being rewritten 
in plain language. In response, OSHA conducted a line-by-line review of 
its standards, and committed the Agency to eliminating those standards 
found to be unnecessary, duplicative, and/or inconsistent and to 
rewriting those standards found to be complex and outdated.
    In revising its rules on dipping and coating operations, OSHA's 
primary goal is to make them more understandable to the regulated 
community. The proposed revisions involve reorganizing the text, 
removing internally inconsistent provisions, eliminating duplicative 
requirements, and simplifying the overly technical language and 
requirements of the existing dip tank requirements, which are codified 
at Secs. 1910.108 and 1910.94(d). OSHA also is proposing to update the 
current standards by revising several provisions of these standards to 
conform to National Fire Protection Association (NFPA) standard 34-
1995; the updated requirements would replace existing provisions that 
were drawn from the 1966 version of the NFPA standard. For each of 
these proposed revisions, OSHA explains why it believes the updated 
requirements would provide equivalent protection to employees with no 
additional regulatory burden to employers.
    In making these revisions, OSHA has rewritten the requirements in 
simple, straightforward, easy-to-understand terms. The proposed 
sections are performance-oriented and shorter than the existing 
standards. The number of subparagraphs and cross-references to other 
OSHA standards or to national consensus standards has been reduced. 
Both of the plain language versions of the proposed sections include a 
detailed table of contents that is intended to make the subsequent 
sections easier to use.
    Both of the proposed plain language revisions would leave unchanged 
the regulatory obligations placed on employers and the safety and 
health protections provided to employees. OSHA believes, moreover, that 
the performance-oriented language of the proposed sections would 
facilitate compliance because it would make more compliance options 
available to employers than is the case with the current standards.
    The proposed rules would not require employers to make 
technological changes and, therefore, would not impose increased costs 
on employers. In fact, the proposed sections may decrease

[[Page 16919]]

employer costs because they would permit greater compliance 
flexibility. Accordingly, OSHA has made a preliminary determination 
that no economic or regulatory flexibility analysis of the proposed 
sections is necessary, and certifies that the proposed sections would 
not have a significant impact on a substantial number of small 
entities.

II. The Need to Redraft OSHA's Regulations in Plain Language

    Almost immediately after OSHA adopted the national consensus 
standards and established Federal standards under section 6(a) of the 
Act, many of these standards were criticized for being difficult for 
employers and employees to understand. The Clinton Administration's 
initiative to reinvent government, spearheaded by Vice President Gore, 
has focused renewed attention on the difficulty many employers and 
employees have in understanding Federal regulatory requirements, 
including OSHA's rules. Responding to this initiative, the Department 
of Labor has developed a complete regulatory reform strategy to use 
plain language to make rules ``user friendly.'' The present proposal, 
which offers two plain language versions of the regulatory text, is one 
of several standards that have been identified by OSHA as part of its 
regulatory reform strategy.

III. Revising the Dipping and Coating Standards

Introduction--OSHA's Goals in Revising the Standards

    OSHA hopes to achieve the following three goals in this proposal:
     To rewrite these rules in plain language so that they will 
be easily understood by employers and employees;
     To consolidate the rules applying to dipping and coating 
operations into several new sequential sections in subpart H of part 
1910; and
     To update the rules to increase their compliance 
flexibility and performance orientation.
    OSHA believes that the proposal would achieve these goals without 
decreasing the employee protections provided by the existing rules or 
increasing the burden imposed on employers whose work operations 
involve dipping and coating. In the following paragraphs, OSHA 
describes how each of these goals would be served by proposed 
Secs. 1910.121 through 1910.125 of part 1910.

Plain Language Revision

    This proposal is primarily a plain language revision of OSHA's 
standards for dipping and coating operations. In developing the 
proposal, the Agency has been careful to ensure that the revisions 
would not weaken the protections afforded to employees under current 
Secs. 1910.108 and 1910.94(d) were not weakened in the revision 
process. Employers who are in compliance with current Secs. 1910.108 
and 1910.94(d) would continue to be in compliance with the new sections 
after they become effective.
    The proposed revisions would delete various details and 
specifications from the existing rules that OSHA believes do not 
contribute to employee protection. For example, paragraph (c)(1) of 
current Sec. 1910.108 requires that dip tanks be constructed of 
substantial materials, and that their supports consist of heavy metal, 
reinforced concrete, or masonry. The proposed rule, at paragraph (a)(1) 
of Sec. 1910.123, would replace that provision with a simple 
requirement that dip tanks be able to withstand any expected load.
    OSHA has organized proposed Secs. 1910.121 through 1910.125 in a 
logical and understandable manner using the following principles:
     General provisions should appear before specific 
provisions or exceptions;
     Important provisions should appear before less important 
provisions;
     Frequently used provisions should appear before less 
frequently used provisions;
     Substantive requirements should appear before procedural 
requirements;
     Permanent provisions should appear before temporary, 
transitional, or ``grandfather'' provisions; and
     ``Housekeeping'' provisions and appendices should be 
placed at the end of the requirements.
    The proposed revision consists of five separate sections, 
Secs. 1910.121 through 1910.125. The first section, proposed 
Sec. 1910.121, contains a table of contents for the substantive 
requirements contained in the other four sections. The other four 
sections are described as follows:
     Proposed Sec. 1910.122, entitled ``Dipping and coating 
operations (dip tanks); Coverage,'' describes what is covered and not 
covered by the proposed sections, and defines the significant terms 
used in the revision.
     Proposed Sec. 1910.123, entitled ``General requirements 
for dipping and coating operations,'' specifies, in a logical order, 
the requirements that would apply to all dipping and coating 
operations. This section begins with construction and ventilation 
requirements, followed by provisions for entry in dip tanks, training, 
personal protective equipment, hygiene facilities, and physical 
examination and first aid; it concludes with cleaning, maintenance, and 
inspection provisions.
     Proposed Sec. 1910.124, entitled ``Additional requirements 
for dipping and coating operations that use flammable or combustible 
liquids,'' contains provisions for preventing fires or explosions when 
using flammable or combustible liquids, including additional 
requirements for construction (including overflow piping), shutting 
down operations under specific hazardous conditions, controlling 
ignition sources, providing fire protection, and preventing liquids 
from overheating.
     Proposed Sec. 1910.125, entitled ``Additional requirements 
for special dipping and coating applications,'' specifies additional 
requirements for operations that involve: Hardening or tempering tanks; 
flow coating; roll coating, roll spreading, or roll impregnating with 
flammable or combustible liquids; vapor degreasing tanks; cyanide 
tanks; spray cleaning and degreasing tanks; and electrostatic paint 
detearing.
    The proposed reorganization will eliminate the need for employers 
and employees to look to two separate subparts of part 1910 for dipping 
and coating requirements. In addition, consolidating and reorganizing 
the current standards have substantially reduced their combined length. 
Further reduction was achieved by eliminating a number of requirements 
from the current standards that are adequately regulated by other OSHA 
standards. For example, paragraphs (g)(2) to (g)(5) of current 
Sec. 1910.108 regulate fire-extinguishing systems that use, 
respectively, water-spray, foam, carbon dioxide, or dry chemicals as 
the extinguishing agents. These provisions have been replaced by a 
single sentence in paragraph (e)(2) of proposed Sec. 1910.124; the 
proposed requirement specifies that a vapor area be protected by an 
automatic fire-extinguishing system that complies with the requirements 
of subpart L of part 1910.
    The Agency believes that the proposal will increase the ``user 
friendliness'' of the requirements and make them easier to interpret. 
OSHA has also reduced the number of paragraph and subparagraph levels 
in each section to make the proposed requirements easier than the 
existing requirements to locate and follow. In addition, OSHA has 
placed general requirements in proposed Sec. 1910.123; the general 
requirements are

[[Page 16920]]

followed by more specific requirements, which are located in proposed 
Secs. 1910.124 and 1910.125. Further, each major provision of the 
proposal is preceded by a heading that explains what information can be 
found in that provision. These headings are also found in the table of 
contents in proposed Sec. 1910.121 to help readers locate relevant 
regulatory provisions.
    The chart below gives some examples comparing the text used in 
several provisions of current Sec. 1910.108 with the corresponding 
plain language provisions in the proposed sections (traditional format 
version).

------------------------------------------------------------------------
                                             Proposed plain language    
        Current section 1910.108           revision (traditional format 
                                                     version)           
------------------------------------------------------------------------
1910.108(b)(2) Ventilation combined      1910.124(d) Ignition sources   
 with drying. When a required             must be controlled.           
 ventilating system serves associated    *        *        *        *   
 drying operations utilizing a heating         *                        
 system which may be a source of         (4) When a heating system that 
 ignition, means shall be provided for    may be an ignition source is  
 pre-ventilation before the heating       used in a drying operation:   
 system can be started; the failure of   (i) The heating system must be 
 any ventilating fan shall                installed in accordance with  
 automatically shut down the heating      NFPA 86A-1969, Standard for   
 system; and the installation shall       Ovens and Furnaces, which is  
 otherwise conform to the Standard for    incorporated by reference in  
 Ovens and Furnaces (NFPA No. 86A-1969).  section 1910.6;               
                                         (ii) Adequate mechanical       
                                          ventilation must be operating 
                                          before and during the drying  
                                          operation; and                
                                         (iii) The heating system must  
                                          shut down automatically when  
                                          any ventilating fan fails to  
                                          maintain adequate ventilation.
1910.108(c)(6) Conveyor systems. Dip     1910.124(c) Conveyor systems   
 tanks utilizing a conveyor system        must shut down automatically. 
 shall be so arranged that in the event   A conveyor system used with a 
 of fire, the conveyor system shall       dip tank must shut down       
 automatically cease motion and           automatically when:           
 required bottom drains shall open.      (1) There is a fire;           
 Conveyor systems shall automatically    (2) There is a failure of any  
 cease motion unless required             fan used to maintain adequate 
 ventilation is in full operation. See    ventilation; or               
 also paragraph (b)(1) of this section.  (3) The rate of ventilation    
                                          drops below the level required
                                          to meet the requirements in   
                                          paragraph (b) of section      
                                          1910.123.                     
1910.108(d) Liquids used in dip tanks,   1910.124(d) Ignition sources   
 storage and handling. The storage of     must be controlled.           
 flammable and combustible liquids in    *        *        *        *   
 connection with dipping operations            *                        
 shall conform to the requirements of    (3) When a portable container  
 sec. 1910.106, where applicable. Where   is used to add a liquid to a  
 portable containers are used for the     dip tank, the container and   
 replenishment of flammable and           tank must be electrically     
 combustible liquids, provision shall     bonded to each other, and     
 be made so that both the container and   positively grounded, to       
 tank shall be positively grounded and    prevent static electrical     
 electrically bonded to prevent static    sparks or arcs.               
 electric sparks.                                                       
1910.108(e) Electrical and other         1910.124(d) Ignition sources   
 sources of ignition. (1) Vapor areas.    must be controlled.           
 (i) There shall be no open flames,      (1) A vapor area, and areas    
 spark producing devices, or heated       within 20 feet (6.1 m) of the 
 surfaces having a temperature            vapor area not separated from 
 sufficient to ignite vapors in any       it by tight partitions, must  
 vapor area. Except as specifically       be free of open flames, spark-
 permitted in paragraph (h)(3) of this    producing devices, or surfaces
 section, relating to electrostatic       hot enough to ignite vapors.  
 apparatus, electrical wiring and        (2) Electrical wiring or       
 equipment in any vapor area (as          equipment in a vapor area, and
 defined in paragraph (a)(2) of this      areas adjacent to it, must    
 section) shall be explosion proof type   comply with the applicable    
 according to the requirements of         requirements of subpart S of  
 subpart S of this part for Class I,      this part for hazardous       
 Group D locations and shall otherwise    (classified) locations.       
 conform to subpart S of this part.                                     
1910.108(f)(2) Waste cans. When waste    1910.124(d) Ignition sources   
 or rags are used in connection with      must be controlled.           
 dipping operations, approved metal      *        *        *        *   
 waste cans shall be provided and all          *                        
 impregnated rags or waste deposited     (6) Rags or other material     
 therein immediately after use. The       contaminated with liquids from
 contents of waste cans shall be          dipping and coating operations
 properly disposed of at least once       must be placed in an approved 
 daily at the end of each shift.          waste can immediately after   
                                          use, and the contents of the  
                                          waste can must be properly    
                                          disposed of at the end of each
                                          shift.                        
1910.108(h)(2)(iii) Paint shall be       1910.125(b) Additional         
 supplied by direct low-pressure          requirements for flow coating.
 pumping arranged to automatically shut  (1) Paint must be supplied to  
 down by means of approved heat           the process by:               
 actuated devices, in the case of fire,  (i) A direct low-pressure      
 or paint may be supplied by a gravity    pumping system that           
 tank not exceeding 10 gallons in         automatically shuts down by   
 capacity.                                means of an approved heat-    
                                          actuated device in the case of
                                          fire; or                      
                                         (ii) A gravity tank not        
                                          exceeding 10 gallons (38 L) in
                                          capacity.                     
------------------------------------------------------------------------

Proposed Question-and-Answer Version

    The question-and-answer version of proposed Secs. 1910.121 through 
1910.125 differs significantly from the traditional format version. The 
question-and-answer version is intended to resemble a conversation that 
could occur between an employer/employee and an OSHA representative. 
Each question pertains to a specific provision of the proposed 
sections, and is followed by an answer that states the applicable 
requirement. For example, the question may be, ``What are the 
requirements for the construction of a dip tank?'' This question, which 
is the topic of paragraph (a) of proposed Sec. 1910.123, is followed by 
an answer that consists of a description of the requirements for dip 
tank construction.

Consistency with Recent Consensus Standards

    OSHA's effort to redraft the requirements for dipping and coating 
operations in plain language includes a review of the relevant OSHA 
interpretations of the current rule to determine what each provision 
has meant in practice. The Agency also has examined existing training 
materials and national consensus standards on dipping and coating 
operations, including NFPA 34-1995 (``Standard for Dipping and Coating 
Processes Using Flammable or Combustible Liquids''). This analysis has 
enabled OSHA to reorganize the existing rules and eliminate duplicative 
or unnecessary provisions without diminishing the employee safety and 
health protections provided by the existing rules.
    The original OSHA standards for dipping and coating operations that 
were adopted in 1971 under section 6(a) of the Act were based on the 
existing national consensus standards, NFPA

[[Page 16921]]

34-1966, ``Standard for Dip Tanks Containing Flammable or Combustible 
Liquids,'' and ANSI Z9.1-1969, ``Safety Code for Ventilation and 
Operation of Open-Surface Tanks.'' These consensus standards have been 
updated several times by NFPA and ANSI since 1971. Although the 
proposed rule is primarily a plain language revision, OSHA has reviewed 
carefully the most recent NFPA 34, ``Standard for Dipping and Coating 
Processes Using Flammable or Combustible Liquids,'' 1995 edition, to 
determine whether some updated provisions should be incorporated at 
this time.
    OSHA has included in this proposal several provisions from NFPA 34-
1995 that would provide additional compliance flexibility to employers 
and make the proposed sections more performance oriented compared to 
the existing standards, without in any way reducing employee 
protection. For example, paragraph (c)(2)(i) of current Sec. 1910.108 
specifies that overflow pipes from dip tanks lead to a safe location 
outside buildings. Consistent with Section 3-5.1 of NFPA 34-1995, 
paragraph (b)(1) of proposed Sec. 1910.124 would require that pipes 
discharge to a ``safe location,'' but does not identify where the 
``safe location'' must be. In the plain language rewrite, an employer 
would be free to choose an interior location as the discharge point for 
the overflow pipe when a safe location, as might be provided by a 
salvage tank, is available. In situations where a safe interior 
location is available, the employer would no longer need to install 
overflow pipes over the distances often involved to reach an outside 
discharge point. The proposed rule would thus provide greater 
compliance flexibility and reduce costs for some employers.
    Another example is paragraph (c)(7) of current Sec. 1910.108, which 
requires that dip tank liquids not be heated to a temperature more than 
50  deg.F below the flashpoint of the liquid. This provision is 
intended to assure that the liquid does not get so hot as to ignite. 
Section 3-9.2 of NFPA 34-1995 seeks to achieve the same purpose by 
prohibiting dip tank liquids from being heated above the liquid's 
boiling point or to within 100  deg.F of the liquid's autoignition 
temperature. OSHA is proposing to adopt the NFPA 34-1995 provision in 
paragraph (f) of proposed Sec. 1910.124 because the proposed revision 
fully addresses the flammability hazard, provides a reasonable method 
of determining a safe temperature, is consistent with industry practice 
and with OSHA's application of the current standard, and is less 
restrictive than the existing requirement (i.e., it allows higher 
temperatures in some cases).
    Rewriting specification-based standards such as OSHA's existing 
rules for dipping and coating operations offers the opportunity to use 
more performance-oriented language than the current standards, and to 
do so in a way that allows OSHA to maintain the current level of 
employee safety and health protection without increasing employer 
obligations. For example, in current Sec. 1910.94, paragraph (d)(3) 
contains a general requirement that ventilation systems reduce air 
contaminants to the degree that a hazard to employees no longer exists, 
while paragraph (d)(4) provides several columns of specifications for 
ventilation system design and rates of exhaust. These requirements seek 
to protect employees against fire and explosion hazards that can result 
from the accumulation of flammable vapors and from dangerous levels of 
toxic air contaminants. In the proposal, the general requirement has 
been replaced by two sentences in paragraph (b)(1) of Sec. 1910.123, 
which set forth performance-oriented requirements. The first sentence 
requires ventilation adequate to prevent the vapor concentration from 
exceeding 25% of the lower flammable limit (LFL) of any flammable 
material. The second sentence requires the employer to ensure that 
engineering controls, such as ventilation, reduce employee exposures to 
toxic air contaminants below the applicable permissible exposure limits 
specified in subpart Z of part 1910. The new language is being proposed 
because it gives improved guidance to employers as to what constitutes 
a hazard to employees in this situation.
    OSHA believes the 25% LFL criterion provides improved guidance to 
employers because the criterion is recognized by NFPA 34-1995 as the 
level that must not to be exceeded when controlling fire and explosion 
hazards in vapor areas, and is consistent with other existing OSHA 
standards (e.g., Sec. 1910.146, the standard for permit-required 
confined spaces). The second sentence in paragraph (b)(1) of proposed 
Sec. 1910.123 would replace the requirement in paragraph (d)(2)(iii) of 
current Sec. 1910.94 which states that ``[t]he toxic hazard is 
determined from the concentration * * * below which ill effects are 
unlikely to occur to the exposed worker'' and, in the next sentence, 
that ``(t)he concentrations shall be those in Sec. 1910.1000.'' Subpart 
Z of part 1910 contains permissible exposure limits for toxic air 
contaminants and requires employers to reduce employee exposures to 
those limits. Restating the subpart Z requirement in the proposal gives 
employers better notice than the current standard of their existing 
obligations, and will assure that employees receive the protection 
required by existing OSHA standards.
    The detailed specifications and general requirements for mechanical 
ventilation in paragraphs (d)(1)(ii), (d)(2), (d)(4), and (d)(7)(i) 
through (d)(7)(iv) of current Sec. 1910.94, and paragraph (b)(1) of 
current Sec. 1910.108, would be replaced by paragraph (b)(3) of 
proposed Sec. 1910.123. Employers would have several options in 
complying with the proposed requirement. One option would be to conform 
to the older consensus standards (i.e., ANSI Z9.1-1971 and NFPA 34-
1966) that served as the source documents for current Secs. 1910.94(d) 
and 1910.108. This option assures that systems designed to meet the 
existing requirements also would comply with the proposed requirements. 
In addition, the proposal would allow employers who are installing or 
upgrading ventilation systems to conform to the specifications provided 
in the following reference documents: ANSI Z9.2-1979, NFPA 34-1995, or 
the Industrial Ventilation Manual published by ACGIH-1995. OSHA has 
evaluated these reference documents and has determined that they 
provide protection equivalent to the specifications in the current OSHA 
standards. Hence, paragraph (b)(3) of proposed Sec. 1910.123 would give 
employers flexibility in designing ventilation systems without reducing 
the level of employee protection.

Major Issues for Public Comment

    The proposed revisions to the current standards that regulate 
dipping and coating operations differ from other Agency rulemakings 
because the proposal, with limited exceptions, revises only the writing 
style and organization of the current standards. In the past, OSHA has 
dispensed with public notice and comment when a proposed rule contains 
only minor or non-controversial revisions. For this revision, however, 
OSHA has decided to notify the public of the proposal and seek comments 
regarding the Agency's plain language versions of its existing rules 
for dipping and coating operations.
    OSHA especially welcomes public comments on the following three 
issues:
     Does each plain language version of the proposed sections 
provide employee protection that is at least as effective as the 
protection provided by the current standards (i.e., Secs. 1910.94(d) 
and

[[Page 16922]]

1910.108) without imposing additional regulatory burdens on employers?
     Which of the two plain language versions (traditional 
format or question-and-answer) is preferred, and the reason(s) why?
     Are there outdated provisions in the proposed sections, 
and how should these provisions be revised to bring them up to date? 
Comments on this issue may be used by the Agency either to improve the 
final rule or to develop standard-setting priorities for further 
action.

Significant Proposed Changes to the Current Rules

    Many of the proposed revisions to the dipping and coating standards 
are intended to reconcile conflicting or differing provisions in the 
existing standards, to eliminate unnecessary requirements that do not 
promote employee safety, or to state requirements in performance-
oriented language. OSHA invites public comment on whether these 
revisions are appropriate. These revisions are discussed further in the 
following paragraphs.
    1. In current Sec. 1910.94, the second sentence of paragraph 
(d)(7)(iii) requires that traps or other devices be provided to insure 
that condensate in exhaust ducts does not drain back into any tank. 
This requirement is not included in the proposal because OSHA believes 
that its purpose is to protect material in the dip tanks from 
contamination, not to protect employees.
    2. Paragraph (d)(8)(i) of current Sec. 1910.94 contains detailed 
requirements for measuring and recording airflow before and during dip 
tank operations. The proposal, in paragraph (j)(1)(i) of Sec. 1910.123, 
requires the employer to inspect ventilating systems at least 
quarterly, and to check and maintain air-flow rates. OSHA believes that 
the proposal would provide equivalent protection using performance-
oriented language. In addition, the first sentence in paragraph 
(d)(8)(i) of current Sec. 1910.94 is covered by paragraphs (b) and (c) 
of proposed Sec. 1910.123. The requirement in the second sentence of 
the current rule, to use specific means for measuring air flow, is 
replaced by performance-oriented language in paragraph (c)(3)(iii) of 
proposed Sec. 1910.123 that permits the use of other equally effective 
devices. In the third sentence of the current rule, the requirement to 
record specific air measurements is not in the proposal because OSHA 
believes that recording the hood static pressure is not necessary to 
maintain proper air-flow rates. The last sentence in this paragraph of 
current Sec. 1910.94(d), which refers to a 1960 consensus standard, is 
replaced by updated references in paragraph (b)(3) of proposed 
Sec. 1910.123.
    3. Paragraph (d)(8)(ii) of current Sec. 1910.94 permits 
recirculation of exhaust air when contaminants have been removed, while 
paragraph (b)(1) of current Sec. 1910.108 states that exhaust air must 
be ``(moved) to a safe outside location.'' To resolve this conflict 
between the existing standards, paragraph (c) of proposed Sec. 1910.123 
would permit recirculation of exhaust air only under specified 
conditions, which are based on recommendations in NFPA 34-1995. The 
safeguards of the current standards are, therefore, provided in the 
proposal in updated form without reducing employee protections or 
increasing the burden on employers. In addition, the first sentence in 
paragraph (d)(8)(ii) of current Sec. 1910.94 has not been included in 
the proposal because the requirement that ``[t]he exhaust system shall 
discharge to the outer air in such a manner that the possibility of its 
effluent entering any building is at a minimum'' has been subsumed by 
the specifications in paragraph (c) of proposed Sec. 1910.123. The last 
sentence in paragraph (d)(8)(iii) of current Sec. 1910.108 has not been 
restated in the proposal because it is covered by paragraph (c)(2) of 
proposed Sec. 1910.123.
    4. Several provisions in paragraph (d)(9) of current Sec. 1910.94 
specify that various types of personal protective equipment must be 
worn by employees who work near dip tanks to protect them from eye or 
skin contact with corrosive liquids. Some of these current provisions 
require that personal protective equipment be ``provided'' to 
employees; for example, paragraph (d)(9)(iii) of the current standard 
requires that employees who handle wet parts ``shall be provided with 
gloves'' that are impervious to the liquid. Others of these current 
provisions state explicitly that employers must require employees to 
use the equipment; paragraph (d)(9)(v) of the current standard, for 
example, specifies that when liquids could splash out of a dip tank, 
the employees ``shall be required to wear either tight-fitting chemical 
goggles or an effective face shield.''
    In the proposal, paragraph (f) of Sec. 1910.123 states explicitly, 
for each specified type of personal protective equipment, that 
employers must both provide and require employees to use the equipment. 
OSHA's interpretation, which has been upheld by the courts, is that the 
current standard requires employers to ensure that employees use the 
personal protective equipment; this interpretation applies even though 
this requirement is not stated explicitly in several provisions of the 
current standard. OSHA believes that providing such equipment without 
requiring its use would not serve the current standard's protective 
purpose. In addition, OSHA's general standard for personal protective 
equipment, paragraph (a) of Sec. 1910.132, explicitly requires that 
personal protective equipment be both ``provided'' and ``used'' 
whenever necessary to protect employees against chemical and other 
hazards. The proposal's explicit requirement that employers ensure that 
employees use the personal protective equipment that has been provided 
to them does not, therefore, add to the obligation that employers 
already have under Sec. 1910.132(a).
    5. Paragraph (d)(9)(ix) of current Sec. 1910.94 specifies that one 
wash basin with hot water be provided for every 10 employees. The 
proposal, in paragraph (g)(3) of Sec. 1910.123, requires washing 
facilities for all employees but does not specify the ratio of wash 
basins to employees. The proposal thus takes a performance-oriented 
approach to allow for differing workplace needs.
    6. Current Sec. 1910.108, paragraph (a)(2), defines a vapor area as 
any area containing dangerous quantities of flammable vapors in the 
vicinity of dip tanks, while paragraph (b)(1) of existing Sec. 1910.108 
requires that a properly designed ventilation system be used to limit 
vapor areas to the smallest practical area. In a vapor area, several 
provisions of existing Sec. 1910.108 require that employees be 
protected against the associated fire and explosion hazards; for 
example, paragraph (e)(2) prohibits open flames and spark-producing 
devices, and specifies that explosion-proof electrical equipment be 
used, within 20 feet of a vapor area. Similar requirements are found in 
paragraphs (e)(1)(i) and (e)(1)(ii) of the current rule.
    Paragraph (d)(3) of current Sec. 1910.94 is a generic, performance-
oriented provision that requires employers to provide ventilation 
sufficient to eliminate any hazard to employees, including flammable 
and explosive hazards. OSHA interprets this provision to mean that the 
concentration of flammable vapors must be reduced below 25% of the 
lower flammable limit (LFL), and has incorporated that interpretation 
in paragraph (b)(1) of proposed Sec. 1910.123. The proposed requirement 
will prevent the accumulation of dangerous quantities of flammable 
vapors in the vicinity of a dip tank; consequently, a vapor area, as 
that term is currently specified in

[[Page 16923]]

paragraph (a)(2) of current Sec. 1910.108, should never exist.
    Despite the protection afforded by paragraph (b)(1) of proposed 
Sec. 1910.123, a ventilation system may fail temporarily, resulting in 
an accumulation of flammable vapors that exceeds the concentration 
allowed by the current standard. Even when ventilation is normally 
sufficient to prevent the accumulation of dangerous concentrations of 
vapors, the prohibition on ignition sources within 20 feet of a vapor 
area specified in paragraph (e)(2) of current Sec. 1910.108, as well as 
similar provisions in paragraphs (e)(1)(i) and (e)(1)(ii), is needed to 
protect against fires and explosions that could result from the 
ignition of flammable liquids or vapors under these conditions.
    To reconcile the requirements in the current standards, and to 
assure the same level of employee protection provided by these 
standards, OSHA has revised the definition of vapor area in paragraph 
(d) of proposed Sec. 1910.122 by eliminating the phrase ``dangerous 
concentrations of flammable vapors.'' In the proposal, a vapor area is 
defined as ``any space containing dipping or coating operations, its 
drain boards, and associated drying or conveying equipment.''
    All requirements of existing Sec. 1910.108 that apply to vapor 
areas would continue to apply to vapor areas as defined in paragraph 
(d) of proposed Sec. 1910.122. These requirements include paragraphs 
(e)(1)(i), (e)(1)(ii), and (e)(2) of current Sec. 1910.108, discussed 
earlier, which are restated in paragraphs (d)(1) and (d)(2) of proposed 
Sec. 1910.124, and paragraphs (f)(1) and (g)(2) of current 
Sec. 1910.108, which are incorporated into paragraphs (d)(5) and (e)(3) 
of proposed Sec. 1910.124. Paragraph (f)(1) of the current section 
requires that ``areas in the vicinity of dip tanks'' be kept as clear 
of combustible stock as practical and be kept entirely free of 
combustible debris, while paragraph (g)(2) specifies that automatic 
water spray-extinguishing systems ``be arranged to protect tanks, drain 
boards, and stock over drain boards.'' In the proposal, paragraphs 
(d)(5) and (e)(3) of Sec. 1910.124 state explicitly that the 
requirements apply to vapor areas, thus describing the area subject to 
the requirements more clearly and consistently than the current 
standard.
    7. In current Sec. 1910.108, paragraph (c)(1) specifies that dip 
tanks holding flammable or combustible liquids ``be constructed of 
substantial noncombustible material.'' OSHA, however, believes that the 
requirement should apply to all dip tanks; the current provision, 
therefore, has been revised slightly to expand its scope to all dip 
tanks and restated in paragraph (a) of proposed Sec. 1910.123. OSHA 
believes that employers currently are following this requirement for 
all dip tanks, and, therefore, that this proposed revision to the 
existing rule will not impose an additional burden on employers.
    8. Paragraph (c)(2)(ii) of current Sec. 1910.108 requires that 
overflow pipes be of sufficient capacity, at least 3 inches in 
diameter, and increase in size depending on the surface area of the 
liquid and the length and pitch of the pipe. The first and second, but 
not the third, of these requirements are included in paragraph (b)(2) 
of proposed Sec. 1910.124. OSHA believes that the proposed language, by 
requiring overflow pipes to be of ``sufficient capacity,'' makes it 
unnecessary to specify further the characteristics of overflow pipes.
    9. The proposal does not include the requirements in paragraphs 
(c)(3) and (c)(4) of current Sec. 1910.108 that specific dip tanks be 
provided with bottom drains and salvage tanks to drain and collect the 
liquid in case of fire. OSHA believes that these requirements relate 
primarily to property protection rather than employee protection (i.e., 
bottom drains and salvage tanks are used to save the liquid for 
possible reuse). Moreover, bottom drains may actually increase the 
surface area of a fire by increasing the potential for fire on the 
vertical walls of the tank, thereby increasing the hazard to employees.
    10. Paragraph (d) of current Sec. 1910.108 provides that, when 
portable containers are used to replenish flammable or combustible 
liquids, both the container and the tank must be positively grounded 
and electrically bonded to prevent static electric sparks. In the 
proposal, paragraph (d)(3) of Sec. 1910.124 clarifies the current 
provision by requiring that the container and tank be electrically 
bonded to each other. Once they are bonded electrically, it is 
sufficient to ground one of them to prevent static electrical sparks or 
arcs.
    11. In current Sec. 1910.108, paragraph (e)(2) prohibits open 
flames or spark-producing devices near vapor areas but provides an 
exception ``as specifically permitted in NFPA Standard No. 86A-1969, 
Ovens and Furnaces, paragraph 200-7.'' This exception is not included 
in paragraph (d)(1) of proposed Sec. 1910.124 because the NFPA standard 
used as a reference does not provide adequate information to make it 
useful and the exception has not been continued in the most recent NFPA 
standard (i.e., NFPA 34-1995). Also consistent with NFPA 34-1995 (see 
paragraph 4-1.2), paragraph (d)(1) of proposed Sec. 1910.124 adds 
``surfaces hot enough to ignite vapors'' to the list of ignition 
sources that are prohibited near vapor areas.
    12. Current Sec. 1910.108, paragraph (f)(2), requires that waste 
cans be emptied ``at least once daily at the end of each shift.'' OSHA 
interprets this phrase to mean ``at least once daily or at the end of 
each shift, whichever is more frequent.'' OSHA believes that paragraph 
(d)(6) of proposed Sec. 1910.124, which requires that waste cans be 
emptied ``at the end of each shift,'' would remove the ambiguity from 
the current standard.
    13. Paragraph (d)(8) of existing Sec. 1910.94 and paragraph (f)(3) 
of current Sec. 1910.108 require inspections of dip tanks and related 
equipment. OSHA has reconciled and consolidated these requirements in 
paragraph (j) of proposed Sec. 1910.123. For example, paragraph (d)(8) 
of current Sec. 1910.94 requires quarterly inspections of specific 
equipment, while paragraph (f)(3) of existing Sec. 1910.108 specifies 
that periodic inspections be conducted. Proposed Sec. 1910.123, 
paragraph (j)(1), calls for inspecting ventilating equipment ``at least 
quarterly,'' and dipping and coating equipment ``periodically.'' OSHA 
believes that this requirement is appropriate and consistent with the 
intent of both existing standards.
    14. Paragraph (f)(4) of current Sec. 1910.108 requires that ``No 
Smoking'' signs in large letters on contrasting color background shall 
be conspicuously posted'' near dip tanks. Paragraph (d)(7) of proposed 
Sec. 1910.124 uses similar performance-oriented language, requiring 
that such signs be ``readily visible.'' In addition, proposed 
Sec. 1910.124, paragraph (d)(7), explicitly prohibits smoking in a 
vapor area. While not stated explicitly, the current standard's 
requirement that ``No Smoking'' signs be posted near dip tanks 
indicates that smoking is prohibited in that area. Paragraph (e)(1)(i) 
of existing Sec. 1910.108 specifically prohibits open flames and hot 
surfaces in a vapor area. In this context, OSHA considers smoking 
materials to be open flames and hot surfaces, and, therefore, subject 
to the prohibition specified by the existing standard. To state the 
current standard's prohibition on smoking more clearly in the proposal, 
OSHA is including this prohibition in the same provision that requires 
``No Smoking'' signs (i.e., paragraph (d)(6) of proposed 
Sec. 1910.124).

[[Page 16924]]

    15. Paragraphs (g)(2), (g)(4), and (g)(5) of current Sec. 1910.108 
require that the specified fire-extinguishing systems be arranged to 
protect the tanks, drain boards, and stock over drain boards. Proposed 
Sec. 1910.124, paragraph (e)(3), states that ``[a] vapor area must be 
protected by an automatic fire-extinguishing system that conforms to 
subpart L of this part.'' Since the definition of vapor area in 
paragraph (d) of proposed Sec. 1910.122 is broad enough to include the 
tanks, drain boards, and stock over drain boards that are located in 
the vapor area, OSHA concludes that paragraph (e)(3) of proposed 
Sec. 1910.124 is equivalent to the current standard.
    16. Paragraph (g)(6)(iii) of existing Sec. 1910.108 requires that 
covers on dip tanks be supported by chains or wire rope under 
conditions in which burning a cord used for this purpose would 
interfere with operation of the cover. This requirement is not 
specifically included in proposed Sec. 1910.124, paragraph (e)(4), 
because OSHA believes that paragraph (e)(4)(i) of proposed 
Sec. 1910.124, which requires that covers be activated by an approved 
automatic device, makes such a requirement unnecessary.
    17. In current Sec. 1910.108, paragraph (h)(1)(iii) requires that 
hardening and tempering tanks be designed so that the maximum workload 
is incapable of raising the temperature of the cooling medium to within 
50  deg.F below its flashpoint, or be equipped with a circulating 
cooling system that accomplishes the same result. Paragraph (a)(5) of 
proposed Sec. 1910.125, in contrast, requires the use of a circulating 
cooling system ``when the liquid temperature can exceed the alarm set 
point''; the alarm set point must be at the temperature that is 50 
deg.F (10  deg.C) below the liquid's flashpoint according to proposed 
Sec. 1910.125, paragraph (a)(4)(i). The proposed provision would not 
require a circulating cooling system or any other protective device 
when the tank design prevents the liquid's temperature from reaching 50 
 deg.F (10  deg.C) below the flashpoint.
    18. Paragraphs (h)(1)(vi) and (h)(1)(vii) of existing Sec. 1910.108 
contain requirements for handling oil in hardening and tempering tanks. 
In the proposal, paragraphs (a)(5) and (a)(6) of Sec. 1910.125 restate 
the current requirements but replace the term ``oil'' with ``liquid.'' 
While OSHA believes that oil is the only liquid currently used in 
hardening and tempering tanks, the revised terminology will permit the 
Agency to extend these requirements to other flammable or combustible 
liquids that may be used in the future under the conditions specified 
in these paragraphs.
    19. With regard to flow-coating operations, paragraph (h)(2)(i) of 
existing Sec. 1910.108 states that ``[e]xcept as modified by this 
paragraph, all of the preceding standards for dip tanks apply.'' The 
introduction to proposed Sec. 1910.125 restates this existing 
requirement in plain language and broadens its application to all 
special dipping and coating operations. OSHA believes that the proposed 
language would serve only to remind employers of their existing 
obligations, and, therefore, imposes no additional obligation on them.
    20. Paragraph (h)(2)(iv) of current Sec. 1910.108 specifies that 
the area of the sump, and any areas on which paint flows, are to be 
included within the area of the dip tank; consequently, these areas 
would be covered by the scope of the current standard. OSHA has not 
included a corresponding provision in the proposal because, in 
paragraph (d) of proposed Sec. 1910.122, the definition of vapor area 
is broad enough to include the sump and related areas. The proposal, 
therefore, assures that all requirements now applicable to these areas 
would continue to apply.
    21. Existing Sec. 1910.108, paragraph (h)(3), contains provisions 
for electrostatic equipment used in paint-detearing operations. OSHA 
has restated these provisions in paragraph (g) of proposed 
Sec. 1910.125. The Agency, however, believes that this type of 
equipment is no longer manufactured or used, and, therefore, questions 
whether any current need exists for proposed requirements; 
consequently, OSHA requests comments from the regulated community on 
the continuing need for these provisions.
    22. Paragraph (h)(4) of current Sec. 1910.108 includes requirements 
to prevent sparking of static electricity for operations involving roll 
coating, roll spreading, or roll impregnating that use Class I or Class 
II liquids; Class I liquids have flashpoints up to 100  deg.F (37.8 
deg.C) and Class II liquids have flashpoints between 100  deg.F and 140 
 deg.F (37.8  deg.C and 60  deg.C). Proposed Sec. 1910.125, paragraph 
(c), would require spark-prevention measures when flammable or 
combustible liquids with flashpoints below 140  deg.F (60  deg.C) are 
used in these operations. By specifying a flashpoint below 140  deg.F 
(60  deg.C), the proposed paragraph includes both Class I and Class II 
liquids addressed in paragraph (h)(4) of current Sec. 1910.108.

Tables Comparing the Proposed and Existing Sections

    For convenience, OSHA is providing tables that show the paragraph 
designations of the existing rules and the comparable provisions of the 
proposed sections. Table I covers the requirements of current 
Sec. 1910.94, and Table II covers the provisions in current 
Sec. 1910.108. Table III lists the provisions of proposed sections 
1910.122 through 1910.125 and the sources for each provision in 
existing Secs. 1910.94(d) and 1910.108. For these tables, the headings 
in the paragraph designations of the proposed rule refer to the 
traditional text version.

                                 Table I                                
------------------------------------------------------------------------
                                     Proposed sections 1910.122 through 
    Current section 1910.94(d)                    1910.125              
------------------------------------------------------------------------
(d) Open surface tanks-(1)         122(a), (b).                         
 General. (i) Application.                                              
(d)(1)(ii) Exhaust system          123(b)(3).                           
 construction.                                                          
(d)(2)(i)-(vii) Classification of  Covered by standards referenced in   
 open-surface tank operations.      123(b)(3).                          
(d)(3) Ventilation...............  123(b)(1).                           
(d)(4)(i)-(v) Control              Covered by standards referenced in   
 requirements.                      123(b)(3).                          
(d)(5) Spray cleaning and          125(f).                              
 degreasing.                                                            
(d)(6) Control means other than    123(b)(2).                           
 ventilation.                                                           
(d)(7)(i),(ii) System design.....  123(b)(3).                           
(d)(7)(iii) Protect against        123(b)(5).                           
 exhaust system fire.                                                   
(d)(7)(iv) Exhaust system meets    123(b)(3).                           
 consensus standards.                                                   
(d)(8) Operation. (i) Maintain     123(c)(3), 123(j)(1)(i).             
 airflow.                                                               
(d)(8)(ii),(iii) Exhaust           123(c).                              
 discharge; makeup air.                                                 

[[Page 16925]]

                                                                        
(d)(9) Personal protection. (i)    123(e).                              
 Training.                                                              
(d)(9)(ii) Protective shoes......  123(f)(1).                           
(d)(9)(iii) Protective gloves....  123(f)(2).                           
(d)(9)(iv) Protective garments...  123(f)(3).                           
(d)(9)(v) Protective goggles.....  123(f)(4).                           
(d)(9)(vi) Respirators...........  123(f)(5).                           
(d)(9)(vii) Emergency showers....  123(g)(2).                           
(d)(9)(viii) Physician             123(h)(1), (2), (3).                 
 authorization, examination.                                            
(d)(9)(ix) Washing facilities....  123(g)(3).                           
(d)(9)(x) Locker space...........  123(g)(1).                           
(d)(9)(xi) First aid.............  123(h)(3).                           
(d)(10) Special precautions for    125(e).                              
 cyanide.                                                               
(d)(11) Inspection, maintenance,   Covered by section 1910.22(a).       
 and installation. (i) Floors.                                          
(d)(11)(ii) Tank cleaning........  123(i)(3).                           
(d)(11)(iii) Test tanks before     123(d).                              
 entering.                                                              
(d)(11)(iv),(v) Entering tank....  Covered by section 1910.146.         
(d)(11)(vi) Welding operations...  123(j)(2), (3), (4).                 
(d)(12) Vapor degreasing tanks.    125(d)(1).                           
 (i) Vapor control.                                                     
(d)(12)(ii) Keep gas vapors away   125(d)(2), (3).                      
 from heating units.                                                    
(d)(12)(iii) Do not create         125(d)(2), (3).                      
 excessive vapors.                                                      
(d)(12)(iv) Tanks have cleanout    125(d)(5).                           
 doors.                                                                 
(d)(13) Scope. (i) Coverage......  122(a), (b), (c).                    
(d)(13)(ii) Molten materials       122(c)(1).                           
 operations defined.                                                    
(d)(13)(iii) Surface coating       122(c)(2).                           
 operations defined.                                                    
------------------------------------------------------------------------


                                Table II                                
------------------------------------------------------------------------
                                     Proposed sections 1910.122 through 
     Current section 1910.108                     1910.125              
------------------------------------------------------------------------
(a) Definitions applicable to      122(d).                              
 this section-(1) Dip tank.                                             
(a)(2) Vapor area................  122(d).                              
(a)(3) Approved..................  122(d).                              
(a)(4) Lister....................  Deleted; unnecessary.                
(b) Ventilation-(1) Vapor area     123(b)(1), 123(b)(3), 123(b)(4).     
 ventilation.                                                           
(b)(2) Ventilation combined with   124(d)(4).                           
 drying.                                                                
(c) Construction of dip tanks-(1)  123(a), 124(a).                      
 General.                                                               
(c)(2) Overflow pipes. (i) Tank    124(b)(1).                           
 capacity.                                                              
(c)(2)(ii) Overflow pipe capacity  124(b)(2).                           
(c)(2)(iii), (iv) Overflow pipe    124(b)(3), (4).                      
 cleaning and location.                                                 
(c)(3)(i)-(iii) Bottom drains....  Deleted; property protection.        
(c)(4) Salvage tanks.............  Deleted; property protection.        
(c)(5) Automatic extinguishing     124(e)(1), (3), (4).                 
 facilities.                                                            
(c)(6) Conveyor systems..........  124(c).                              
(c)(7) Heating dip tank liquids..  124(f).                              
(d) Liquids used in dip tanks,     124(d)(3).                           
 storage and handling.                                                  
(e) Electrical and other sources   124(d)(1), (2).                      
 of ignition-(1) Vapor areas. (i)                                       
 No open flames, explosion proof                                        
 equipment.                                                             
(e)(1)(ii) Electrical equipment    124(d)(2).                           
 in vapor areas.                                                        
(e)(2) Adjacent areas............  124(d)(1), (2).                      
(f) Operations and maintenance-    124(d)(5).                           
 (1) General.                                                           
(f)(2) Waste cans................  124(d)(6).                           
(f)(3) Inspection of dip tanks...  123(j)(1).                           
(f)(4) Warning signs.............  124(d)(7).                           
(g) Extinguishment-(1)             124(e)(2).                           
 Extinguishers.                                                         
(g)(2) Automatic water spray       124(e)(3).                           
 extinguishing systems.                                                 
(g)(3) Automatic foam              124(b)(5), (6), 124(e)(3).           
 extinguishing systems.                                                 
(g)(4) Automatic carbon dioxide    124(e)(3).                           
 systems.                                                               
(g)(5) Dry chemical extinguishing  124(e)(3).                           
 systems.                                                               
(g)(6) Dip tank covers. (i)        124(e)(4)(i), (ii).                  
 Automatically activated.                                               
(g)(6)(ii)-(iv) Construction and   124(e)(4)(iii), (iv).                
 use of covers.                                                         
(h) Special dip tank applications- 125(a)(1).                           
 (1) Hardening and tempering                                            
 tanks. (i) Location.                                                   
(h)(1)(ii) Noncombustible hood     125(a)(2), (3).                      
 and vent.                                                              
(h)(1)(iii) Temperature of         125(a)(5).                           
 cooling medium.                                                        
(h)(1)(iv) High temperature limit  125(a)(4).                           
 switch.                                                                
(h)(1)(v) Automatic extinguishing  124(e)(1)(ii), 124(e)(3).            
 facilities.                                                            

[[Page 16926]]

                                                                        
(h)(1)(vi) No pressurized air....  125(a)(6).                           
(h)(1)(vii) Bottom drain.........  125(a)(5).                           
(h)(2) Flow coat; general. (i)     125.                                 
 All above apply.                                                       
(h)(2)(ii) Strong and rigid        123(b)(2).                           
 piping.                                                                
(h)(2)(iii) Paint pumped at low    125(b)(1).                           
 pressure.                                                              
(h)(2)(iv) Area of dip tank......  Covered by section 1910.122(d).      
(h)(3) Electrostatic apparatus...  125(g).                              
(h)(4) Roll coating..............  125(c).                              
------------------------------------------------------------------------


                                Table III                               
------------------------------------------------------------------------
    Proposed sections 1910.122                                          
    through 1910.125 (proposed        Current sections 1910.94(d) and   
section 1910.121 contains a table       1910.108 (or applicable NFPA    
of contents for proposed sections                standards)             
    1910.122 through 1910.125)                                          
------------------------------------------------------------------------
1910.122 Dipping and coating                                            
 operations (dip tanks);                                                
 Coverage:                                                              
    (a) Dipping and coating        1910.94(d)(1)(i), 1910.94(d)(13)(i)  
     operations are covered.                                            
    (b) Examples of covered        Same as above.                       
     operations.                                                        
    (c) Certain dipping and        1910.94(d)(13)(i)-(iii).             
     coating operations are not                                         
     covered.                                                           
        (1) Molten materials.....  1910.94(d)(13)(ii).                  
        (2) Spray applications...  1910.94(d)(13)(iii).                 
    (d) Definitions that apply to  1910.108(a).                         
     dipping and coating                                                
     operations.                                                        
        ``Approved''.............  1910.108(a)(3).                      
        ``Autoignition             NFPA 325-1994.                       
         temperature''.                                                 
        ``Combustible liquid''...  1910.1200(c).                        
        ``Dip tank''.............  1910.108(a)(1).                      
        ``Flammable liquid''.....  1910.1200(c).                        
        ``Flashpoint''...........  1910.1200(c).                        
        ``Lower flammable limit''  NFPA 325-1994.                       
        ``Vapor area''...........  1910.108(a)(2).                      
1910.123 General requirements for                                       
 dipping and coating operations:                                        
    (a) Dip tanks must be          1910.108(c)(1).                      
     constructed safely.                                                
    (b) Adequate ventilation must                                       
     be provided:                                                       
        (1) Prevent hazardous      1910.94(d)(3), 1910.108(b)(1).       
         concentrations.                                                
        (2) Tank cover...........  1910.94(d)(6).                       
        (3) Mechanical             1910.94(d)(1)(ii), 1910.94(d)(2),    
         ventilation design.        1910.94(d)(4), 1910.94(d)(7)(i)-    
                                    (iv), 1910.108(b)(1).               
        (4) Direction of airflow.  1910.108(b)(1).                      
        (5) Independent exhaust    1910.94(d)(7)(iii).                  
         system.                                                        
    (c) Air must exhaust safely..  1910.94(d)(8)(ii), (iii); NFPA 34-   
                                    1995.                               
    (d) Entry into a dip tank is   1910.94(d)(11)(iii)-(v).             
     limited.                                                           
    (e) Training must be provided  1910.94(d)(9)(i).                    
    (f) Personal protective                                             
     equipment must be used:                                            
        (1) Footwear.............  1910.94(d)(9)(ii).                   
        (2) Gloves...............  1910.94(d)(9)(iii).                  
        (3) Garments.............  1910.94(d)(9)(iv).                   
        (4) Goggles..............  1910.94(d)(9)(v).                    
        (5) Respirators..........  1910.94(d)(9)(vi).                   
    (g) Hygiene facilities must                                         
     be provided:                                                       
        (1) Locker space.........  1910.94(d)(9)(x).                    
        (2) Emergency shower and   1910.94(d)(9)(vii).                  
         eye wash.                                                      
        (3) Washing facilities...  1910.94(d)(9)(ix).                   
    (h) Physical examination and                                        
     first aid must be provided:                                        
        (1) Physician's approval.  1910.94(d)(9)(viii).                 
        (2) Treatment by properly  1910.94(d)(9)(viii).                 
         designated person.                                             
        (3) Periodic examination.  1910.94(d)(9)(viii).                 
        (4) First aid............  1910.94(d)(9)(xi).                   
    (i) Dipping and coating                                             
     operations must be cleaned                                         
     safely:                                                            
        (1) Drain dip tank and     1910.94(d)(11)(ii).                  
         open cleanout doors.                                           
        (2) Ventilate vapor        1910.94(d)(11)(ii).                  
         pockets in tank or pit.                                        
    (j) Dipping and coating                                             
     operations must be inspected                                       
     and maintained.                                                    
        (1) Inspect and correct    1910.94(d)(8)(i), 1910.108(f)(3).    
         deficiencies.                                                  

[[Page 16927]]

                                                                        
        (2) Prevent employee       1910.94(d)(11)(vi).                  
         exposure to the release                                        
         of toxic metals.                                               
        (3) Use local ventilation  1910.94(d)(11)(vi).                  
         near a vapor area.                                             
        (4) Remove solvents and    1910.94(d)(11)(vi).                  
         vapors.                                                        
1910.124 Additional requirements                                        
 for dipping and coating                                                
 operations that use flammable or                                       
 combustible liquids:                                                   
    (a) Noncombustible             1910.108(c)(1).                      
     construction is required.                                          
    (b) Overflow piping must be                                         
     provided                                                           
        (1) When overflow pipes    1910.108(c)(2)(i).                   
         are required.                                                  
        (2) Size of overflow pipe  1910.108(c)(2)(ii).                  
        (3) Overflow piping must   1910.108(c)(2)(iii).                 
         permit access for                                              
         inspection and cleaning.                                       
        (4) Location of the        1910.108(c)(2)(iv).                  
         overflow connection.                                           
        (5) Overflow pipe design.  1910.108(g)(3).                      
        (6) Overflow pipe screen.  1910.108(g)(3).                      
    (c) Conveyor systems must                                           
     shut down automatically:                                           
        (1) Fire.................  1910.108(c)(6).                      
        (2) Ventilation failure..  1910.108(b)(1).                      
        (3) Ventilation rate       1910.108(c)(6).                      
         drops.                                                         
    (d) Ignition sources must be                                        
     controlled:                                                        
        (1) No open flames near    1910.108(e)(1)(i), 1910.108(e)(2).   
         vapor areas.                                                   
        (2) Electrical wiring....  1910.108(e)(1)(i), (ii).             
        (3) Prevent static         1910.108(d).                         
         electric sparks or arcs.                                       
        (4) Heating system in a    1910.108(b)(2).                      
         drying operation.                                              
        (5) Combustible debris     1910.108(f)(1).                      
         and stock.                                                     
        (6) Approved waste can...  1910.108(f)(2).                      
        (7) No smoking...........  1910.108(f)(4).                      
    (e) Fire protection must be                                         
     provided:                                                          
        (1) Application..........  1910.108(c)(5), 1910.108(h)(1)(v).   
        (2) Manual fire            1910.108(g)(1).                      
         extinguishers.                                                 
        (3) Automatic fire-        1910.108(c)(5), 1910.108(g)(2)-(5).  
         extinguishing system.                                          
        (4) Automatic closing      1910.108(g)(6).                      
         cover.                                                         
    (f) Liquids must not be        1910.108(c)(7).                      
     overheated.                                                        
1910.125 Additional requirements                                        
 for special dipping and coating                                        
 operations:                                                            
    (a) Additional requirements                                         
     for hardening or tempering                                         
     tanks:                                                             
        (1) Location.............  1910.108(h)(1)(i).                   
        (2) Noncombustible hood    1910.108(h)(1)(ii).                  
         and vent.                                                      
        (3) Vent ducts treated as  1910.108(h)(1)(ii).                  
         flues.                                                         
        (4) Alarm and shut-down    1910.108(h)(1)(iv).                  
         device.                                                        
        (5) Circulating cooling    1910.108(h)(1)(iii), (vii)           
         system.                                                        
        (6) Air pressure for       1910.108(h)(1)(vi).                  
         filling and agitating.                                         
    (b) Additional requirements    1910.108(h)(2).                      
     for flow coating                                                   
    (c) Additional requirements                                         
     for roll coating, roll                                             
     spreading, or roll                                                 
     impregnating a flammable or                                        
     combustible liquid with a                                          
     flashpoint below 140  deg.F                                        
     (60  deg.C):                                                       
        (1) Bonding and grounding  1910.108(h)(4)(ii).                  
         parts, and installing                                          
         static collectors.                                             
        (2) Maintain a conductive  1910.108(h)(4)(ii).                  
         atmosphere.                                                    
    (d) Additional requirements                                         
     for vapor degreasing tanks:                                        
        (1) Keep vapor level       1910.94(d)(12)(i).                   
         below the top of the                                           
         tank.                                                          
        (2) Prevent solvent fumes  1910.94(d)(12)(ii).                  
         from entering air-fuel                                         
         mixture.                                                       
        (3) Flues and draft        1910.94(d)(12)(ii).                  
         diverters.                                                     
        (4) Temperature of the     1910.94(d)(12)(iii).                 
         heating element.                                               
        (5) Cleanout and sludge    1910.94(d)(12)(iv).                  
         doors.                                                         
    (e) Additional requirements    1910.94(d)(10).                      
     for cyanide tanks:                                                 
    (f) Additional requirements                                         
     for spray cleaning and                                             
     degreasing tanks:                                                  
        (1) Spraying must be       1910.94(d)(5).                       
         enclosed.                                                      
        (2) Mechanical             1910.94(d)(5).                       
         ventilation.                                                   
    (g) Additional requirements                                         
     for electrostatic paint                                            
     detearing:                                                         
        (1) Approved               1910.108(h)(3)(ii).                  
         electrostatic equipment.                                       
        (2) Electrodes...........  1910.108(h)(3)(iv), (xi).            
        (3) Goods being painted..  1910.108(h)(3)(vii), (viii).         
        (4) Maintain the safe      1910.108(h)(3)(vi).                  
         distance.                                                      
        (5) Display the safe       1910.108(h)(3)(vi).                  
         distance on a sign.                                            
        (6) Automatic controls...  1910.108(h)(3)(ix).                  
        (7) Fences, rails, and     1910.108(h)(3)(x).                   
         guards.                                                        
        (8) Fire protection......  1910.108(h)(3)(xiii).                
        (9) Drip plates and        1910.108(h)(3)(xiv).                 
         screens.                                                       
------------------------------------------------------------------------


[[Page 16928]]

IV. Legal Considerations

    Because this proposal is a plain language redrafting of existing 
Agency rules, OSHA does not believe that it is necessary to determine 
significant risk or the extent to which the proposed sections would 
reduce that risk. In Industrial Union Department, AFL-CIO v. American 
Petroleum Institute, 448 U.S. 607 (1980), the Supreme Court ruled that, 
before OSHA can increase the protection afforded by an existing 
standard, the Agency must find that the hazard being regulated poses a 
significant risk to employees and that a new, more protective, standard 
is ``reasonably necessary and appropriate'' to reduce that risk. The 
sections being proposed by OSHA to replace the Agency's existing 
standards regulating dipping and coating operations neither increase 
nor decrease the protection afforded to employees, nor do they increase 
employers' compliance burdens. Therefore, no finding of significant 
risk is necessary.
    The Agency believes, however, that improved employee protection is 
likely to result from implementation of the proposed sections because 
employers and employees who clearly understand what a rule requires are 
more likely to comply with that rule. In addition, because the proposed 
sections are more performance oriented than the existing OSHA 
requirements, employers will find it easier to comply with the new 
sections.

V. Economic Analysis

    The proposed sections are not significant rules under Executive 
Order 12866 or major rules under the Unfunded Mandates Reform Act or 
section 801 of the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) because they impose no additional costs on any private or 
public sector entity and do not meet any of the other criteria for 
significant or major rules specified by the Executive Order or the 
other statutes. Because the proposed sections do not impose any 
additional costs on employers whose operations involve dipping and 
coating, no economic or regulatory flexibility analysis of the proposal 
is required.

VI. Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et 
seq. (as amended), OSHA has examined the regulatory requirements of the 
proposed sections to determine if they would have a significant 
economic impact on a substantial number of small entities. As indicated 
elsewhere in this preamble, the proposed sections will not increase 
employers' compliance costs, and may even reduce the regulatory burden 
on all affected employers, both large and small. Accordingly, the 
Agency certifies that the proposed sections will not have a significant 
economic impact on a substantial number of small entities.

VII. Environmental Impact Assessment

    The proposed sections have been reviewed in accordance with the 
requirements of the National Environmental Policy Act (NEPA) of 1969 
(42 U.S.C. 4321 et seq.), the regulations of the Council on 
Environmental Quality (40 U.S.C. part 1500), and the Department of 
Labor's NEPA procedures (29 CFR part 11). As noted earlier in this 
preamble, the proposed sections impose the same requirements on 
employers as the standards they replace; consequently, the proposed 
sections will have no additional impact on the environment, including 
no impact on the release of materials that contaminate natural 
resources or the environment, beyond the impact imposed by OSHA's 
current standards regulating dipping and coating operations.

VIII. Paperwork Reduction Act

    There is a collection of information in proposed 1910.125(g)(5) 
(existing 1910.108(h)(3)(vi)). This provision requires the employer to 
determine how far away employees should remain when electrostatic paint 
detearing equipment is being used. This distance is called the ``safe 
distance.'' The employer must conspicuously display this ``safe 
distance'' on a sign located near the equipment. OSHA does not believe 
that the existing rule or the proposed requirement impose a burden on 
the employer to collect or display the information because OSHA 
believes the information has already been determined and displayed on 
the few, about 12, pieces of equipment equipment is use today. Newer 
technology appears to have eliminated the need to manufacture or use 
electrostatic paint detearing equipment and OSHA is soliciting comment 
on the need to retain this provision. (See #21 under Significant 
Proposed Changes to the Current Rule). Under the Paperwork Reduction 
Act, OSHA is required to solicit public comment on the practical 
utility (need) for the information collection and the burden hour 
estimate (zero) associated with that collection.
    The Department of Labor, as part of its continuing effort to reduce 
paperwork and respond burden, conducts a preclearance consultation 
program to provide the general public and Federal agencies with an 
opportunity to comment on proposed and/or continuing collection of 
information in accordance with the Paperwork Reduction Act of 1995 
(PRA95)(44 U.S.C. 3506(c)(2)(A)). This program helps to ensure that 
requested data can be provided in the desired format, reporting burden 
(time and financial resources) is minimized, collection instruments are 
clearly understood, and the impact of collection requirements on 
respondents can be properly assessed. Therefore, OSHA is soliciting 
comments on the collection of information provision in proposed 
1910.125(g)(5) (existing 1910.108(h)(3)(vi)). Written comments should:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the function of the Agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the Agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g. permitting 
electronic submissions of responses.
    Comments on the collections of information should be sent to the 
OMB Desk Officer for OSHA at Room 10235, 726 Jackson Place, NW, 
Washington, DC 20503. Commenters are encouraged to send a copy of their 
comments on the collection of information to OSHA along with their 
other comments. The supporting statements for the collection of 
information requirements are available in both OSHA and OMB Docket 
Offices.
    The collection of information requirement discussed above has been 
submitted to OMB for approval as required under 44 U.S.C. 3507(d) of 
the Paperwork Reduction Act of 1995. At this time OMB has not approved 
this collection of information.

IX. Unfunded Mandates

    The proposed sections were reviewed by OSHA in accordance with the 
Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq., and 
Executive Order 12875. As discussed above in Section IV of this 
preamble (``Legal Considerations''), OSHA has

[[Page 16929]]

made a preliminary determination that the proposal imposes no new 
regulatory burdens on any employer, either public or private. The scope 
and content of the proposed sections remain the same as those of the 
current standards and have not been expanded to include additional 
employers. Consequently, compliance with the proposed sections will 
require no additional expenditures by either public or private 
employers. In sum, the proposed sections do not mandate that State, 
local, and tribal governments adopt new, unfunded regulatory 
obligations.

X. Federalism

    The proposed revision to the current standards regulating dipping 
and coating operations has been reviewed for Federalism issues, and the 
Agency certifies that the proposed sections have been assessed in 
accordance with the principles, criteria, and requirements set forth in 
sections 2 through 5 of Executive Order 12612.
    Executive Order 12612 requires that Federal agencies, to the extent 
possible, refrain from limiting State policy options, consult with 
States prior to taking actions that restrict State policy options, and 
take such actions only when clear constitutional authority exists and 
the problem is of national scope. The Executive Order provides for 
preemption of State law only when Congress has expressed an intent that 
a Federal agency do so. Any such preemption must be limited to the 
extent possible.
    With respect to States that do not have occupational safety and 
health plans approved by OSHA under section 18 of the Act (29 U.S.C. 
667), OSHA finds that the proposed sections conform to the preemption 
provisions of the Act. Under these provisions, OSHA is authorized to 
preempt State promulgation and enforcement of requirements dealing with 
occupational safety and health issues covered by OSHA standards unless 
the State has an OSHA-approved State occupational safety and health 
plan. (See Gade v. National Solid Wastes Management Association, 112 
S.Ct. 2374 (1992).) States without such programs are, by 29 U.S.C. 667, 
prohibited from issuing citations for violations of requirements 
covered by OSHA standards. The proposed sections do not expand this 
limitation.
    Regarding States that have OSHA-approved occupational safety and 
health plans (``State-plan states''), OSHA finds that the proposed 
sections comply with Executive Order 12612 because the proposed 
sections address a problem that is national in scope, and Section 
18(c)(2) of the Act (29 U.S.C. 667(c)(2)) requires State-plan States to 
adopt the OSHA sections, or develop alternative sections that are at 
least as effective as the OSHA sections. Having already adopted the 
current standards regulating dipping and coating operations (or having 
developed alternative standards acceptable to OSHA), State-plan States 
are not obligated to adopt the final sections that result from this 
rulemaking; they may, however, choose to adopt the final sections, and 
OSHA encourages them to do so.

XI. State Plan States

    OSHA encourages the 25 States and Territories with their own OSHA-
approved occupational safety and health plans to revise their existing 
standards regulating dipping and coating operations when OSHA publishes 
the final sections that result from this rulemaking. These States are: 
Alaska, Arizona, California, Connecticut (State and local government 
employees only), Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, 
Minnesota, Nevada, New Mexico, New York (State and local government 
employees only), North Carolina, Oregon, Puerto Rico, South Carolina, 
Tennessee, Utah, Vermont, Virginia, Virgin Islands, Washington, and 
Wyoming.

XII. List of Subjects in 29 CFR 1910

    Coating, Combustible liquid, Dipping, Dip tanks, Fire protection, 
Flammable liquid, Occupational safety and health, Ventilation.

XIII. Authority

    This document was prepared under the direction of Charles N. 
Jeffress, Assistant Secretary of Labor for Occupational Safety and 
Health, U.S. Department of Labor, 200 Constitution Avenue, NW, 
Washington, DC 20210. The proposed sections are issued under the 
authority of sections 4, 6, and 8 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No 6-
96 (62 FR 111); and 29 CFR part 1911.

    Signed at Washington, DC, this 2nd day of April, 1998.
Charles N. Jeffress,
Assistant Secretary of Labor.
    OSHA proposes to amend 29 CFR part 1910 as follows:

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Subpart G--Occupational Health and Environmental Control

    1. The authority citation for subpart G of part 1910 would be 
revised to read as follows:

    Authority: Secs. 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 1-90 (55 FR 9033), or 6-96 (62 FR 111), as applicable; and 
29 CFR part 1911.


Sec. 1910.94  [Amended]

    2. Paragraph (d) of Sec. 1910.94 would be removed.

Subpart H--Hazardous Materials

    1. The authority citation for subpart H of 29 CFR part 1910 would 
be revised to read as follows:

    Authority: Sec. 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 1-90 (55 FR 9033), or 6-96 (62 FR 111), as applicable.

    Sections 1910.103, 1910.106 through 1910.111, and 1910.119 
through 1910.125 also issued under 29 CFR part 1911.
    Section 1910.119 also issued under section 304, Clean Air Act 
Amendments of 1990 (Pub.L. 101-549), reprinted at 29 U.S.C. 655 
Note.
    Section 1910.120 also issued under section 126, Superfund 
Amendments and Reauthorization Act of 1986 as amended (29 U.S.C. 655 
Note), and 5 U.S.C. 553.


Sec. 1910.108  [Reserved]

    2. Section 1910.108 would be removed and reserved.
    3. A center heading and Secs. 1910.121 through 1910.125 would be 
added. Two alternative versions of these sections are provided below. 
The first alternative, referred to as the ``traditional format'' 
version, reads as follows:

Dipping and Coating Operations (Dip Tanks)


Sec. 1910.121  Table of Contents

    The following is a listing of the sections and paragraphs contained 
in Secs. 1910.122 through 1910.125.


Sec. 1910.122  Dipping and coating operations (dip tanks); Coverage.

    (a) Dipping and coating operations are covered.
    (b) Examples of covered operations.
    (c) Certain dipping and coating operations are not covered.
    (d) Definitions that apply to dipping and coating operations.

``Approved''

[[Page 16930]]

``Autoignition temperature''
``Combustible liquid''
``Dip tank''
``Flammable liquid''
``Flashpoint''
``Lower flammable limit''
``Vapor area''


Sec. 1910.123  General requirements for dipping and coating operations.

    (a) Dip tanks must be constructed safely.
    (b) Adequate ventilation must be provided.
    (c) Air must exhaust safely.
    (d) Entry into a dip tank is limited.
    (e) Training must be provided.
    (f) Personal protective equipment must be used.
    (g) Hygiene facilities must be provided.
    (h) Physical examination and first aid must be provided.
    (i) Dipping and coating operations must be cleaned safely.
    (j) Dipping and coating operations must be inspected and 
maintained.


Sec. 1910.124  Additional requirements for dipping and coating 
operations that use flammable or combustible liquids.

    (a) Noncombustible construction is required.
    (b) Overflow piping must be provided.
    (c) Conveyor systems must shut down automatically.
    (d) Ignition sources must be controlled.
    (e) Fire protection must be provided.
    (f) Liquids must not be overheated.


Sec. 1910.125  Additional requirements for special dipping and coating 
applications.

    (a) Additional requirements for hardening or tempering tanks.
    (b) Additional requirements for flow coating.
    (c) Additional requirements for roll coating, roll spreading, or 
roll impregnating a flammable liquid or combustible liquid with a 
flashpoint below 140 deg.F (60 deg.C).
    (d) Additional requirements for vapor degreasing tanks.
    (e) Additional requirements for cyanide tanks.
    (f) Additional requirements for spray cleaning and degreasing 
tanks.
    (g) Additional requirements for electrostatic paint detearing.


Sec. 1910.122  Dipping and coating operations (dip tanks); Coverage.

    (a) Dipping and coating operations are covered.
    This rule applies to any operation where an object is dipped in or 
held above a dip tank containing a liquid other than water, or is roll- 
or flow-coated with such a liquid, to:
    (i) Clean it;
    (ii) Alter its surface;
    (iii) Change its character; or
    (iv) Add a coating or finish to it.
    (2) This rule also applies to any draining or drying operation 
associated with dipping or coating.
    (b) Examples of covered operations.
    Examples of operations covered by this rule include: Paint dipping; 
electroplating; pickling; quenching; tanning; degreasing; stripping; 
cleaning; and roll, flow, and curtain coating.
    (c) Certain dipping and coating operations are not covered. This 
rule does not apply:
    (1) To dipping and coating operations that use a molten material 
such as a metal, alloy, or salt; or
    (2) When an object is coated using a surface-coating operation 
covered by Sec. 1910.107, Spray applications.
    (d) Definitions that apply to dipping and coating operations.
    Approved means the equipment is listed or approved by a nationally 
recognized testing laboratory as defined by Sec. 1910.7.
    Autoignition temperature means the minimum temperature required to 
cause self-sustained combustion, independent of the heating or heated 
element.
    Combustible liquid means a liquid having a flash point of 100 deg.F 
(37.8 deg.C) or above.
    Dip tank means a tank, vat, or container that holds liquids used 
for dipping or coating operations. In dipping or coating operations, an 
object may be immersed totally or partially in a dip tank, or held in 
the vapor above the dip tank.
    Flammable liquid means a liquid having a flashpoint below 100 deg.F 
(37.8 deg. C).
    Flashpoint means the minimum temperature at which a liquid gives 
off a vapor in sufficient concentration to ignite when tested in 
accordance with the definition of ``flashpoint'' in paragraph (c) of 
Sec. 1910.1200.
    Lower flammable limit means the lowest concentration of a material 
that will propagate a flame. The lower flammable limit (LFL) is usually 
expressed as a percent by volume of the material in air (or other 
oxidant).
    Vapor area means any space containing dipping or coating 
operations, its drain boards, and associated drying or conveying 
equipment.


Sec. 1910.123  General requirements for dipping and coating operations.

    Employers must comply with each of the requirements below.
    (a) Dip tanks must be constructed safely. A dip tank, including its 
drain boards, must be able to withstand any expected load.
    (b) Adequate ventilation must be provided. (1) An employer must 
provide ventilation to prevent vapor and mist in a vapor area from 
reaching a concentration greater than 25% of the lower flammable limit 
for the substance. When subpart Z of this part establishes a 
permissible exposure limit for a chemical used in a dip tank, employers 
must control employee exposures in accordance with that subpart.
    (2) A tank cover or material that floats on dipping and coating 
liquids, such as foam or beads, may be used as an alternative or 
supplement to ventilation provided they effectively reduce the 
concentrations of hazardous materials in the vicinity of the employee 
below the limits set in paragraph (b)(1) of this section.
    (3) Mechanical ventilation, when used, must conform to one or more 
of the following:
    (i) ANSI Z9.2-1979, Fundamentals Governing the Design and Operation 
of Local Exhaust Systems;
    (ii) NFPA 34-1995, Standard for Dipping and Coating Processes Using 
Flammable or Combustible Liquids;
    (iii) The Industrial Ventilation Manual published by ACGIH-1995; or
    (iv) ANSI Z9.1-1971, Practices for Ventilation and Operation of 
Open-Surface Tanks, and NFPA 34-1966, Standard for Dip Tanks Containing 
Flammable or Combustible Liquids.
    (4) Mechanical ventilation, when used, must draw the flow of air 
into a hood or exhaust duct.
    (5) Each dip tank must have an independent exhaust system unless 
the combination of the substances being removed will not cause a fire, 
explosion, or hazardous chemical reaction in the duct system.
    (c) Air must exhaust safely. (1) Exhaust air must not be 
recirculated into the workplace unless:
    (i) Recirculated air does not create a health hazard to employees; 
and
    (ii) Vapors in the exhaust air do not exceed 25% of their lower 
flammable limit.
    (2) Exhaust air from an operation using flammable or combustible 
liquids may be recirculated only when the following additional 
requirements are met:
    (i) The recirculated air is free of solid particulates;
    (ii) Approved equipment monitors the vapor concentration in exhaust 
air; and
    (iii) An audible alarm must be sounded and the dipping or coating 
operations must shut down automatically when a vapor concentration 
greater than 25% of the lower flammable limit is detected in the 
exhaust system.
    (3) When exhaust hoods are used:
    (i) The volume of outside air provided to work areas having exhaust 
hoods must be between 90 and 110 percent of the exhaust volume;
    (ii) The outside air supply to such areas must not damage the 
exhaust hood; and

[[Page 16931]]

    (iii) The air-flow rate of the make-up air must be measured when an 
exhaust hood is installed.
    (d) Entry into a dip tank is limited. Entry into a dip tank must be 
done in accordance with Sec. 1910.146.
    (e) Training must be provided. An employer must instruct all 
employees who work in or near a vapor area about:
    (1) The hazards of their jobs;
    (2) Appropriate first aid procedures; and
    (3) Necessary personal protective equipment.
    (f) Personal protective equipment must be used. When liquids used 
in a dipping and coating operation may contact employees, an employer 
must provide, and require employees to use:
    (1) Protective footwear for any employee whose feet may become wet 
to keep their feet dry.
    (2) Gloves for any employee whose hands may become wet to keep 
their hands dry.
    (3) Protective garments for any employee whose clothing may become 
wet to keep their skin dry.
    (4) Tight-fitting chemical goggles or an effective face shield when 
a liquid could splash into an employee's eyes; and
    (5) Respirators when it is necessary to protect the health of the 
employee against exposure to an excessive concentration of a toxic 
chemical or oxygen deficiency. Respirator selection and use must 
conform with Sec. 1910.134 and the appropriate requirements of subpart 
Z of this part.
    (g) Hygiene facilities must be provided. (1) Locker space or 
equivalent clothing storage facilities must be provided to prevent 
contamination of street clothing.
    (2) An emergency shower and eye wash must be located near dipping 
and coating operations that use liquids that may burn, irritate, or 
otherwise harm an employee's skin. A water hose at least 4 feet (1.22 
m) long and not smaller than \3/4\ of an inch (18 mm), with a quick-
opening valve, may be substituted for an emergency shower and eye wash.
    (3) Washing facilities must be provided for all employees required 
to use or handle any liquids that may burn, irritate, or otherwise harm 
their skin. (See paragraph (d) of Sec. 1910.141.)
    (h) Physical examination and first aid must be provided. (1) A 
physician's approval to work in a vapor area must be obtained for an 
employee with sores, burns, or other skin lesions requiring medical 
treatment.
    (2) Any small skin abrasions, cuts, rashes, or open sores that are 
found or reported must be treated by a properly designated person so 
that the chances of exposures to the chemicals are removed.
    (3) The nostrils and other parts of an employee's body that are 
exposed to chromic acids must be examined periodically for skin ulcers.
    (4) Appropriate first aid supplies must be located near dipping and 
coating operations.
    (i) Dipping and coating operations must be cleaned safely. Before 
the interior of a dip tank is cleaned:
    (1) The contents of a dip tank must be drained and the cleanout 
doors opened before the interior is cleaned; and
    (2) All pockets in tanks or pits where hazardous vapors may collect 
must be ventilated and cleared of such vapors.
    (j) Dipping and coating operations must be inspected and 
maintained. (1) An employer must inspect equipment and promptly correct 
any deficiencies, including the following:
    (i) The ventilation system must be inspected at least quarterly, 
and after a prolonged shutdown, to check hoods and duct work for 
corrosion or damage, and to check air-flow rates to ensure that proper 
rates are maintained; and
    (ii) All dipping and coating equipment, including covers, drains, 
overflow piping, and electrical and fire-extinguishing systems, must be 
inspected periodically.
    (2) Maintenance work requiring welding, burning, or open flame done 
near a vapor area or under conditions in which toxic metals are 
released must be done with local mechanical-exhaust ventilation, or 
with respirators that are selected and used in accordance with 
Sec. 1910.134, to prevent a health hazard to employees.
    (3) Maintenance work requiring welding, burning, or open flame near 
a vapor area must be done under local mechanical-exhaust ventilation.
    (4) A dip tank must be thoroughly cleaned of solvents and vapors 
before it is exposed to welding, burning, or open flame.


Sec. 1910.124  Additional requirements for dipping and coating 
operations that use flammable or combustible liquids.

    An employer using flammable or combustible liquids in dipping and 
coating operations must comply with the requirements in this section, 
in addition to the requirements of Secs. 1910.122, 1910.123, and 
1910.125.
    (a) Noncombustible construction is required. A dip tank must be 
constructed of noncombustible material.
    (b) Overflow piping must be provided. (1) A dip tank with a 
capacity greater than 150 gallons (568 L) or a liquid surface area 
greater than 10 feet2 (.95 m2) must have properly 
trapped overflow piping discharging to a safe location.
    (2) Overflow pipes must be at least 3 inches (7.6 cm) in diameter 
and of sufficient capacity to prevent the dip tank from overflowing 
when liquids are added to the tank.
    (3) Piping connections on drains and overflow pipes must be 
constructed so as to permit ready access for inspecting and cleaning 
the interior of the pipe.
    (4) The bottom of the overflow connection must be at least 6 inches 
(15.2 cm) below the top of the dip tank.
    (5) The overflow pipe must be arranged to prevent fire-
extinguishing foam from floating away and clogging the overflow pipe 
by:
    (i) Extending the overflow pipe through the dip tank wall and 
terminating the pipe at an L-joint pointing downward; or
    (ii) Providing the overflow pipe with a removable screen of \1/4\-
inch (6.4 mm) mesh and having an area at least twice the cross-
sectional area of the overflow pipe.
    (6) The screen on an overflow pipe must be inspected and cleaned 
periodically to prevent it from clogging.
    (c) Conveyor systems must shut down automatically. A conveyor 
system used with a dip tank must shut down automatically when:
    (1) There is a fire;
    (2) There is a failure of any fan used to maintain adequate 
ventilation; or
    (3) The rate of ventilation drops below the level required to meet 
the requirements in paragraph (b) of Sec. 1910.123.
    (d) Ignition sources must be controlled. (1) A vapor area, and 
areas within 20 feet (6.1 m) of the vapor area not separated from it by 
tight partitions, must be free of open flames, spark-producing devices, 
or surfaces hot enough to ignite vapors.
    (2) Electrical wiring or equipment in a vapor area, and areas 
adjacent to it, must conform with the applicable requirements of 
subpart S of this part for hazardous (classified) locations.
    (3) When a portable container is used to add a liquid to a dip 
tank, the container and tank must be electrically bonded to each other, 
and positively grounded, to prevent static electrical sparks or arcs.
    (4) When a heating system that may be an ignition source is used in 
a drying operation:
    (i) The heating system must be installed in accordance with NFPA 
86A-1969, Standard for Ovens and Furnaces, which is incorporated by 
reference in Sec. 1910.6;
    (ii) Adequate mechanical ventilation must be operating before and 
during the drying operation; and
    (iii) The heating system must shut down automatically when any

[[Page 16932]]

ventilating fan fails to maintain adequate ventilation.
    (5) A vapor area must be free of combustible debris and as clear of 
combustible stock as practical.
    (6) Rags or other material contaminated with liquids from dipping 
and coating operations must be placed in an approved waste can 
immediately after use, and the contents of the waste can must be 
properly disposed of at the end of each shift.
    (7) Smoking is prohibited in a vapor area. A readily visible ``No 
Smoking'' sign must be posted near each dip tank.
    (e) Fire protection must be provided. (1) This paragraph (e) 
applies to:
    (i) A dip tank with a capacity of at least 150 gallons (568 L) or 
having a liquid surface area of at least 4 feet2 (.38 
m2); and
    (ii) A hardening or tempering tank with a capacity of at least 500 
gallons (1893 L) or having a liquid surface area of at least 25 
feet2 (2.37 m2).
    (2) Vapor areas must be provided with manual fire extinguishers 
suitable for flammable and combustible liquid fires, and the manual 
fire extinguishers must conform to the requirements of Sec. 1910.157.
    (3) A vapor area must be protected by an automatic fire-
extinguishing system that conforms with subpart L of this part.
    (4) An automatic closing cover may be used instead of an automatic 
fire-extinguishing system when it is:
    (i) Activated by an approved automatic device;
    (ii) Capable of manual operation;
    (iii) Noncombustible or of tin-clad type with enclosing metal 
applied with locked joints; and
    (iv) Kept closed when the dip tank is not in use.
    (f) Liquids must not be overheated. A liquid in a dip tank must not 
be heated:
    (1) Above the liquid's boiling point; or
    (2) To a temperature within 100  deg.F (37.8  deg.C) of the 
liquid's autoignition temperature.


Sec. 1910.125  Additional requirements for special dipping and coating 
operations.

    Employers must comply as appropriate with each of the requirements 
of this section in addition to the requirements for dipping and coating 
operations specified in Secs. 1910.122 through 1910.124.
    (a) Additional requirements for hardening or tempering tanks.

    Note to paragraph (a) of Sec. 1910.125: The requirements 
specified in paragraph (d)(1) of Sec. 1910.124 do not apply to 
hardening or tempering tanks.

    (1) Tanks must be located as far as practicable from furnaces and 
be placed on noncombustible flooring.
    (2) Tanks must have a noncombustible hood and vent or other 
equivalent device for venting to the outside.
    (3) For this purpose, vent ducts must be treated as flues and kept 
well away from combustible roofs and other materials.
    (4) Tanks must have a device that:
    (i) Sounds an alarm when the liquid temperature reaches within 50 
deg.F (10  deg.C) of its flashpoint (alarm set point); and
    (ii) When practical from an operating standpoint, shuts down the 
conveying equipment that supplies work to the dip tank.
    (5) A circulating cooling system or similar equipment must be used 
when the liquid temperature can exceed the alarm set point. A bottom 
drain may be used in the circulating cooling system when the drain 
valve operates automatically with an approved heat-actuated device or 
manually from a safe location.
    (6) Air under pressure must not be used to fill or agitate the 
liquid in the tank.
    (b) Additional requirements for flow coating. (1) Paint must be 
supplied to the process by:
    (i) A direct low-pressure pumping system that automatically shuts 
down by means of an approved heat-actuated device in the case of fire; 
or
    (ii) A gravity tank not exceeding 10 gallons (38 L) in capacity.
    (2) All piping must be:
    (i) Erected in a strong fashion; and
    (ii) Rigidly supported.
    (c) Additional requirements for roll coating, roll spreading, or 
roll impregnating a flammable or combustible liquid with a flashpoint 
below 140  deg.F (60  deg.C). Sparking of static electricity must be 
prevented by:
    (1) Bonding and grounding all metallic equipment parts (including 
rotating parts) and installing static collectors; or
    (2) Maintaining a conductive atmosphere (such as a high relative 
humidity) in the vapor area.
    (d) Additional requirements for vapor degreasing tanks. (1) In a 
degreasing tank equipped with a condenser or vapor-level thermostat, 
the condenser or thermostat must keep the vapor level below the top of 
the dip tank by at least 36 inches (91 cm) or one-half the dip tank 
width, whichever is shorter.
    (2) When fuel gas is used to heat the liquid in a vapor degreasing 
tank, solvent fumes or vapors must be prevented from entering the air-
fuel mixture by making the combustion chamber air tight, except for the 
flue opening.

    Note to paragraph (d)(2) of Sec. 1910.125: Special attention 
must be paid to making the combustion chamber air-tight when 
chlorinated- or fluorinated-hydrocarbon solvents are used.

    (3) The flue must be made of corrosion-resistant material and 
extend to the outer air, and a draft diverter must be installed when 
mechanical exhaust is used on the flue.
    (4) The surface temperature of a heating element must not cause a 
solvent or a mixture to decompose or be converted into any excess 
quantity of vapor.
    (5) Tanks with a vapor area larger than 4 feet2 (.38 
m2) used for solvent cleaning or vapor degreasing must have 
cleanout or sludge doors located near the bottom of each tank. The 
doors must prevent leakage of liquid when closed.
    (e) Additional requirements for cyanide tanks. Tanks must be 
constructed with a dike or other method to prevent cyanide from mixing 
with an acid when a dip tank fails.
    (f) Additional requirements for spray cleaning and degreasing 
tanks. Airborne spraying to disperse a liquid above any open-surface 
tank must be controlled as follows:
    (1) Spraying must be enclosed to the extent feasible; and
    (2) Mechanical ventilation must provide enough inward air velocity 
to prevent the spray from leaving the vapor area.
    (g) Additional requirements for electrostatic paint detearing. (1) 
Electrostatic equipment used for paint-detearing operations must be 
approved.
    (2) The electrodes used in such equipment must be:
    (i) Constructed in a substantial manner;
    (ii) Rigidly supported in permanent locations; and
    (iii) Insulated effectively from ground using insulators that are 
nonporous, noncombustible, and kept clean and dry.
    (3) Goods being paint deteared using electrostatic equipment must 
be:
    (i) Supported on conveyors; and
    (ii) Manipulated by means other than by hand.
    (4) The distance between goods being paint deteared and the 
electrodes or conductors of the electrostatic equipment must be 
maintained at twice the sparking distance or greater; this distance is 
referred to as the ``safe distance.''

    Note to paragraph (g)(4) of Sec. 1910.125: The safe distance 
must be maintained for goods that are supported on conveyors during 
the paint-detearing operation.

    (5) The safe distance must be displayed conspicuously on a suitable

[[Page 16933]]

sign located near the electrostatic equipment.
    (6) Electrostatic equipment used in paint-detearing operations must 
have automatic controls that immediately disconnect the power supply to 
the high-voltage transformer and signal the operator when:
    (i) Failure occurs in ventilating equipment or conveyors used in 
paint-detearing operations;
    (ii) A ground or imminent ground occurs at any point on the high-
voltage system; or
    (iii) The safe distance is not maintained.
    (7) Fences, rails, or guards must be used that:
    (i) Safely isolate paint-detearing operations from plant storage 
and personnel;
    (ii) Are constructed of conducting material; and
    (iii) Are adequately grounded.
    (8) To protect paint-detearing operations from fire:
    (i) Automatic sprinklers must be used when available; and
    (ii) When such sprinklers are not available, automatic fire-
extinguishing systems must be used that conform to subpart L of this 
part.
    (9) Removable drip plates and screens must be:
    (i) Used to collect paint deposits; and
    (ii) Cleaned in a safe location.
    The second alternative, referred to as the question-and-answer 
version, reads as follows:
Dipping and Coating Operations (Dip Tanks)


Sec. 1910.121  Table of Contents.

    The following is a listing of the sections and paragraphs contained 
in Secs. 1910.122 through 1910.125.


Sec. 1910.122  Dipping and Coating Operations (Dip Tanks): What is 
covered by this rule?

    (a) Which dipping and coating operations are covered?
    (b) What are examples of covered operations?
    (c) Which dipping and coating operations are not covered?
    (d) Which definitions apply to dipping and coating operations?

``Approved''
``Autoignition temperature''
``Combustible liquid''
``Dip tank''
``Flammable liquid''
``Flashpoint''
``Lower flammable limit''
``Vapor area''


Sec. 1910.123  What are the general requirements for dipping and 
coating operations?

    (a) What are the requirements for construction of dip tanks?
    (b) What are the requirements for adequate ventilation?
    (c) What are the requirements for recirculating exhaust air?
    (d) What are the requirements for entry into a dip tank?
    (e) What are the requirements for training employees?
    (f) What personal protective equipment must be used?
    (g) What hygiene facilities must be provided?
    (h) What physical examinations and first aid must be provided?
    (i) What are the requirements for cleaning dipping and coating 
operations safely?
    (j) What are the requirements for inspecting and maintaining 
dipping and coating operations?


Sec. 1910.124  What are the additional requirements for dipping and 
coating operations that use flammable or combustible liquids?

    (a) What type of construction materials must be used?
    (b) When is overflow piping required?
    (c) When is a conveyor system required to shut down 
automatically?
    (d) What are the requirements for the control of ignition 
sources?
    (e) What fire protection must be provided?
    (f) To what temperature may liquids in a dip tank be heated?


Sec. 1910.125  What are the additional requirements for special dipping 
and coating applications?

    (a) What additional requirements apply to hardening or tempering 
tanks?
    (b) What additional requirements apply to flow coating?
    (c) What additional requirements apply to roll coating, roll 
spreading, or roll impregnating a flammable or combustible liquid 
with a flashpoint below 140 deg.F (60 deg.C)?
    (d) What additional requirements apply to vapor degreasing 
tanks?
    (e) What additional requirements apply to cyanide tanks?
    (f) What additional requirements apply to spray cleaning and 
degreasing tanks?
    (g) What additional requirements apply to electrostatic paint 
detearing?


Sec. 1910.122  Dipping and coating operations (dip tanks): What is 
covered by this rule?

    (a) Which dipping and coating operations are covered? (1) This rule 
applies to any operation where an object is dipped in or held above a 
dip tank containing a liquid other than water, or the vapor of such a 
liquid, to:
    (i) Clean it;
    (ii) Alter its surface;
    (iii) Change its character; or
    (iv) Add a coating or finish to it.
    (2) This rule also applies to any draining or drying operation 
associated with dipping or coating.
    (b) What are examples of covered operations? Examples of operations 
covered by this rule include: Paint dipping; electroplating; pickling; 
quenching; tanning; degreasing; stripping; cleaning; and roll, flow, 
and curtain coating.
    (c) Which dipping and coating operations are not covered? This rule 
does not apply:
    (1) To dipping and coating operations that use a molten material 
such as a metal, alloy, or salt; or
    (2) When an object is coated using a surface-coating operation 
covered by section 1910.107, Spray applications.
    (d) Which definitions apply to dipping and coating operations? 
``Approved'' means the equipment is listed or approved by a nationally 
recognized testing laboratory as defined by Sec.  1910.7.
    Autoignition temperature means the minimum temperature required to 
cause self-sustained combustion, independent of the heating or heated 
element.
    Combustible liquid means a liquid having a flash point of 100 deg.F 
(37.8 deg.C) or above.
    Dip tank means a tank, vat, or container that holds liquids used 
for dipping or coating operations. In dipping or coating operations, an 
object may be immersed totally or partially in a dip tank, or held in 
the vapor above the dip tank.
    Flammable liquid means a liquid having a flashpoint below 100 deg.F 
(37.8 deg.C).
    Flashpoint means the minimum temperature at which a liquid gives 
off a vapor in sufficient concentration to ignite when tested in 
accordance with the definition of ``flashpoint'' in paragraph (c) of 
Sec. 1910.1200.
    Lower flammable limit means the lowest concentration of a material 
that will propagate a flame. The lower flammable limit (LFL) is usually 
expressed as a percent by volume of the material in air (or other 
oxidant).
    Vapor area means any space containing dipping or coating 
operations, its drain boards, and associated drying or conveying 
equipment.


1910.123  What are the general requirements for dipping and coating 
operations?

    (a) What are the requirements for construction of dip tanks? An 
employer must ensure that a dip tank, including its drain boards, is 
able to withstand any expected load.
    (b) What are the requirements for adequate ventilation?
    (1) An employer must provide ventilation to prevent vapor and mist 
in a vapor area from reaching a concentration that is greater than 25% 
of the lower flammable limit for the substance. When subpart Z of this 
part

[[Page 16934]]

establishes a permissible exposure limit for a chemical used in a dip 
tank, an employer must control worker exposures in accordance with that 
subpart. A tank cover or material that floats on dipping and coating 
liquids, such as foam or beads, may be used as an alternative or 
supplement to ventilation, provided they effectively reduce the 
concentrations of hazardous materials in the vicinity of the employee 
below the limits set in paragraph (b)(1) of this section. Mechanical 
ventilation, when used, must conform to one or more of the following:
    (i) ANSI Z9.2-1979, Fundamentals Governing the Design and Operation 
of Local Exhaust Systems;
    (ii) NFPA 34-1995, Standard for Dipping and Coating Processes Using 
Flammable or Combustible Liquids;
    (iii) The Industrial Ventilation Manual published by ACGIH-1995; or
    (iv) ANSI Z9.1-1971, Practices for Ventilation and Operation of 
Open-surface Tanks, and NFPA 34-1966, Standard for Dip Tanks Containing 
Flammable or Combustible Liquids.
    (2) Mechanical ventilation, when used, must draw the flow of air 
into a hood or exhaust duct. Each dip tank must have an independent 
exhaust system unless the combination of the substances being removed 
will not cause a fire, explosion, or hazardous chemical reaction in the 
duct system.
    (c) What are the requirements for recirculating exhaust air?
    (1) An employer must ensure that exhaust air is not recirculated 
into the workplace unless it does not create a health hazard to 
employees and vapors in the exhaust air do not exceed 25% of their 
lower flammable limit. Exhaust air from an operation using flammable or 
combustible liquids may be recirculated only when the following 
additional requirements are met:
    (i) The recirculated air is free of solid particulates;
    (ii) Approved equipment monitors the vapor concentration in exhaust 
air; and
    (iii) An audible alarm must be sounded and the dipping and coating 
operations must shut down automatically when a vapor concentration 
greater than 25% of its lower flammable limit is detected in the 
exhaust system.
    (2) When exhaust hoods are used, the volume of outside air provided 
to work areas having exhaust hoods must be between 90 and 110 percent 
of the exhaust volume, the outside air supply to such areas must not 
damage the exhaust hood, and the air-flow rate of the make-up air must 
be measured when an exhaust hood is installed.
    (d) What are the requirements for entry into a dip tank? An 
employer must ensure that entry into a dip tank is done in accordance 
with Sec. 1910.146.
    (e) What are the requirements for training employees? An employer 
must instruct all employees who work in or near a vapor area about:
    (1) The hazards of their jobs;
    (2) Appropriate first aid procedures; and
    (3) Necessary personal protective equipment.
    (f) What personal protective equipment must be used? When liquids 
used in a dipping or coating operation may contact employees, an 
employer must provide, and require employees to use:
    (1) Protective footwear for any employee whose feet may become wet 
to keep their feet dry;
    (2) Gloves for any employee whose hands may become wet to keep 
their hands dry;
    (3) Protective garments for any employee whose clothing may become 
wet to keep their skin dry;
    (4) Tight-fitting chemical goggles or an effective face shield when 
a liquid could splash into an employee's eyes; and
    (5) Respirators when it is necessary to protect the health of the 
employee against exposure to an excessive concentration of a toxic 
chemical or oxygen deficiency. Respirator selection and use must comply 
with Sec. 1910.134 and the appropriate requirements of subpart Z of 
this part.
    (g) What hygiene facilities must be provided? Locker space or 
equivalent clothing storage facilities must be provided by the employer 
to prevent contamination of street clothing. An employer must provide 
an emergency shower and eye wash located near dipping and coating 
operations that use liquids that may burn, irritate, or otherwise harm 
the employee's skin. An employer may provide a water hose at least 4 
feet (1.22 m) long and not smaller than 3/4 of an inch (18 mm), with a 
quick-opening valve, as a substitute for an emergency shower and eye 
wash. Also, an employer must provide washing facilities for all 
employees required to use or handle any liquids that may burn, 
irritate, or otherwise harm their skin. (See paragraph (d) of 
Sec. 1910.141.)
    (h) What physical examinations and first aid must be provided? An 
employer must obtain a physician's approval before an employee with 
sores, burns, or other skin lesions requiring medical treatment may 
work in a vapor area. Any small skin abrasions, cuts, rashes, or open 
sores that are found or reported must be treated by a properly 
designated person so that the chances of exposures to the chemicals are 
removed. An employer must provide periodic examination of the nostrils 
and other parts of an employee's body that are exposed to chromic acids 
to detect skin ulcers. Appropriate first aid supplies must be located 
near dipping and coating operations.
    (i) What are the requirements for cleaning dipping and coating 
operations safely?
    An employer must ensure that, before the interior of a dip tank is 
cleaned, the contents of the dip tank are drained and the cleanout 
doors are opened. Also, all pockets in tanks or pits where hazardous 
vapors may collect must be ventilated and cleared of such vapors.
    (j) What are the requirements for inspecting and maintaining 
dipping and coating operations?
    (1) An employer must inspect equipment and promptly correct any 
deficiencies. An employer must inspect the ventilation system at least 
quarterly, and after a prolonged shutdown, to check the hoods and duct 
work for corrosion or damage, and check air-flow rates to ensure that 
proper rates are maintained. An employer must inspect periodically all 
dipping and coating equipment, including covers, drains, overflow 
piping, and electrical and fire-extinguishing systems.
    (2) An employer must ensure that maintenance work requiring 
welding, burning, or open flame done near a vapor area or under 
conditions in which toxic metals are released, is done with local 
mechanical-exhaust ventilation or with respirators that are selected 
and used in accordance with Sec. 1910.134, to prevent a health hazard 
to employees. A dip tank must be thoroughly cleaned of solvents and 
vapors before it is exposed to welding, burning, or open flame.


Sec. 1910.124  What are the additional requirements for dipping and 
coating operations that use flammable or combustible liquids?

    An employer using flammable or combustible liquids in dipping and 
coating operations must comply with the requirements in this section, 
in addition to the requirements of Secs. 1910.122, 1910.123, and 
1910.125.
    (a) What type of construction materials must be used? An employer 
must ensure that a dip tank using flammable or combustible liquids is 
constructed of noncombustible material.
    (b) When is overflow piping required?
    (1) An employer must provide a dip tank with a capacity greater 
than 150 gallons (568 L) or a liquid surface area greater than 10 feet 
\2\ (.95 m \2\) with

[[Page 16935]]

properly trapped overflow piping discharging to a safe location. 
Overflow pipes must be at least 3 inches (7.6 cm) in diameter and of 
sufficient capacity to prevent the dip tank from overflowing when 
liquids are added to the tank.
    (2) Piping connections on drains and overflow pipes must be 
constructed so as to permit ready access for inspecting and cleaning of 
the interior of the pipe. The bottom of the overflow connection must be 
at least 6 inches (15.2 cm) below the top of the dip tank. The overflow 
pipe must be arranged to prevent fire-extinguishing foam from floating 
away and clogging the overflow pipe, either by extending the overflow 
pipe through the dip tank wall and terminating the pipe at an L-joint 
pointing downward, or by providing the overflow pipe with a removable 
screen of \1/4\ inch (6.4 mm) mesh which has an area at least twice the 
cross-sectional area of the overflow pipe. The screen on an overflow 
pipe must be inspected and cleaned periodically to prevent it from 
clogging.
    (c) When is a conveyor system required to shut down automatically? 
An employer must ensure that a conveyor system used with a dip tank 
shuts down automatically when:
    (1) There is a fire;
    (2) There is a failure of any fan used to maintain adequate 
ventilation; or
    (3) The rate of ventilation drops below the level required to meet 
the requirements in paragraph (b) of Sec. 1910.123.
    (d) What are the requirements for the control of ignition sources?
    (1) An employer must ensure that a vapor area, and areas within 20 
feet (6.1 m) of the vapor area not separated from it by tight 
partitions, are free of open flames, spark-producing devices, or 
surfaces hot enough to ignite vapors. Electrical wiring or equipment in 
a vapor area, and areas adjacent to it, must conform with the 
applicable requirements of subpart S of this part for hazardous 
(classified) locations. When a portable container is used to add a 
liquid to a dip tank, the container and tank must be electrically 
bonded to each other, and positively grounded, to prevent static 
electrical sparks or arcs.
    (2) When a heating system that may be an ignition source is used in 
a drying operation, the heating system must be installed in accordance 
with NFPA 86A-1969, Standard for Ovens and Furnaces (which is 
incorporated by reference in Sec. 1910.6), adequate mechanical 
ventilation must be operating before and during the drying operation, 
and the heating system must shut down automatically when any 
ventilating fan fails to maintain adequate ventilation.
    (3) An employer must ensure that a vapor area is free of 
combustible debris and as clear of combustible stock as practical. Rags 
or other material contaminated with liquids from dipping and coating 
operations must be placed in an approved waste can immediately after 
use, and the contents of the waste can must be properly disposed of at 
the end of each shift.
    (4) An employer must prohibit smoking in a vapor area. A readily 
visible ``No Smoking'' sign must be posted near each dip tank.
    (e) What fire protection must be provided?
    (1) An employer must provide the fire protection required by this 
paragraph (e) for a dip tank with a capacity of at least 150 gallons 
(568 L) or having a liquid surface area of at least 4 feet \2\ (.38 m 
\2\), and a hardening or tempering tank with a capacity of at least 500 
gallons (1893 L) or having a liquid surface area of at least 25 feet 
\2\ (2.37 m \2\).
    (2) An employer must ensure that a vapor area is provided with 
manual fire extinguishers suitable for flammable and combustible liquid 
fires, and the manual fire extinguishers must conform to the 
requirements of Sec. 1910.157. A vapor area must also be protected by 
an automatic fire-extinguishing system that conforms with subpart L of 
this part. An automatic closing cover may be used instead of an 
automatic fire-extinguishing system, when it is:
    (i) Activated by an approved automatic device;
    (ii) Capable of manual operation;
    (iii) Noncombustible or of tin-clad type with enclosing metal 
applied with locked joints; and
    (iv) Kept closed when the dip tank is not in use.
    (f) To what temperature may liquids in a dip tank be heated? An 
employer must ensure that a liquid in a dip tank is not heated above 
the liquid's boiling point or to a temperature within 100 deg.F 
(37.8 deg.C) of the liquid's autoignition temperature.


Sec. 1910.125  What are the additional requirements for special dipping 
and coating applications?

    An employer must comply as appropriate with each of the 
requirements of this section in addition to the requirements for 
dipping and coating operations in Secs. 1910.122 through 1910.124.
    (a) What additional requirements apply to hardening or tempering 
tanks? While the following requirements apply to hardening or tempering 
tanks, the requirements in the first sentence of paragraph (d)(1) of 
Sec. 1910.124 do not.
    (1) An employer must ensure that hardening or tempering tanks are 
located as far as practicable from furnaces and are placed on 
noncombustible flooring. Tanks must have a noncombustible hood and vent 
or other equivalent device for venting to the outside. For this 
purpose, vent ducts must be treated as flues and kept away from 
combustible roofs and other materials.
    (2) Tanks must have a device that sounds an alarm when the liquid 
temperature reaches within 50 deg.F (10 deg.C) of its flashpoint (alarm 
set point), and that shuts down the conveying equipment that supplies 
work to the dip tank when practical from an operating standpoint. A 
circulating cooling system or similar equipment must be used when the 
liquid temperature can exceed the alarm set point. A bottom drain may 
be used in the circulating cooling system when the drain valve operates 
automatically with an approved heat-actuated device or manually from a 
safe location. Air under pressure must not be used to fill or agitate 
the liquid in the tank.
    (b) What additional requirements apply to flow coating? An employer 
must ensure that paint is supplied to the process by either a direct 
low-pressure pumping system that automatically shuts down by means of 
an approved heat-actuated device in the case of fire, or a gravity tank 
not exceeding 10 gallons (38 L) in capacity. All piping must be erected 
in a strong fashion and rigidly supported.
    (c) What additional requirements apply to roll coating, roll 
spreading, or roll impregnating a flammable or combustible liquid with 
a flashpoint below 140 deg.F (60 deg.C)? An employer must ensure that 
sparking of static electricity is prevented by bonding and grounding 
all metallic equipment parts (including rotating parts) and installing 
static collectors, or by maintaining a conductive atmosphere (such as a 
high relative humidity) in the vapor area.
    (d) What additional requirements apply to vapor degreasing tanks?
    (1) An employer must ensure that, in a degreasing tank equipped 
with a condenser or vapor-level thermostat, the condenser or thermostat 
keeps the vapor level below the top of the dip tank by at least 36 
inches (91 cm) or one-half the dip tank width, whichever is shorter. 
When fuel gas is used to heat the liquid in a vapor degreasing tank, 
solvent fumes or vapors must be prevented from entering the air-fuel 
mixture by making the combustion chamber airtight, except for the flue 
opening. Special attention must be paid to making the combustion 
chamber airtight when chlorinated- or

[[Page 16936]]

fluorinated-hydrocarbon solvents are used. The flue must be made of 
corrosion-resistant material and extend to the outer air, and a draft 
diverter must be installed when mechanical exhaust is used on the flue.
    (2) The surface temperature of a heating element must not cause a 
solvent or a mixture to decompose or be converted into any excess 
quantity of vapor. Tanks with a vapor area larger than 4 feet \2\ (.38 
m\2\) used for solvent cleaning or vapor degreasing must have cleanout 
or sludge doors located near the bottom of each tank. The doors must 
prevent leakage of liquid when closed.
    (e) What additional requirements apply to cyanide tanks? An 
employer must ensure that tanks are constructed with a dike or other 
method to prevent cyanide from mixing with an acid when a dip tank 
fails.
    (f) What additional requirements apply to spray cleaning and 
degreasing tanks? An employer must ensure that airborne spraying used 
to disperse a liquid above any open-surface tank is controlled by 
enclosing the spraying to the extent feasible, and by using mechanical 
ventilation that provides enough inward air velocity to prevent the 
spray from leaving the vapor area.
    (g) What additional requirements apply to electrostatic paint 
detearing?
    (1) An employer must ensure that electrostatic equipment used for 
paint-detearing operations is approved. The electrodes used in such 
equipment must be constructed in a substantial manner, rigidly 
supported in permanent locations, and insulated effectively from ground 
using insulators that are nonporous, noncombustible, and kept clean and 
dry.
    (2) Goods being paint deteared using electrostatic equipment must 
be supported on conveyors and manipulated by means other than by hand. 
The distance between goods being paint deteared and the electrodes or 
conductors of the electrostatic equipment must be maintained at twice 
the sparking distance or greater; this distance is referr'ed to as the 
``safe distance.'' The safe distance must be maintained for goods that 
are supported on conveyors during the paint-detearing operation. The 
safe distance must be displayed conspicuously on a suitable sign 
located near the electrostatic equipment.
    (3) Electrostatic equipment used in paint-detearing operations must 
have automatic controls that immediately disconnect the power supply to 
the high-voltage transformer and signal the operator when failure 
occurs in ventilating equipment or conveyors used in paint-detearing 
operations, a ground or imminent ground occurs at any point on the 
high-voltage system, or the safe distance is not maintained.
    (4) Fences, rails, or guards must be used that safely isolate 
paint-detearing operations from plant storage and personnel, are 
constructed of conducting material, and are adequately grounded.
    (5) To protect paint-detearing operations from fire, automatic 
sprinklers must be used when available. When such sprinklers are not 
available, automatic fire-extinguishing systems must be used that 
conform to subpart L of this part.
    (6) Removable drip plates and screens must be used to collect paint 
deposits, and must be cleaned in a safe location.

[FR Doc. 98-9044 Filed 4-6-98; 8:45 am]
BILLING CODE 4510-26-P