OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.

29 CFR 1910.1029

                  Regional Administrator

FROM:             ROGER A. CLARK Acting Director Field Coordination

SUBJECT:          Preheat as Regulated Area in Coke Oven Batteries

The purpose of this memorandum is to clarify the boundaries of the regulated areas as required in 29 CFR 1910.1029, coke oven emissions, with respect to preheat areas in dry charged and pipeline charged batteries. We understand the Pittsburgh Area Office needs this information quickly.

The preheat area of a coke oven battery that is either pipeline charged or dry charged is considered as regulated area. The preheat areas are always located in close proximity to the coke oven batteries and are generally considered as part of the coke plant. For your information, OSHA has cited contractors at the Inland Steel plant, East Chicago, Indiana for 1910.1029 violations in the preheat area.

If you have any questions, please call John Martonik on FTS: 523-8111.