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.

May 17, 1982

                      Regional Administrator

THRU:                  JOHN B. MILES
                      Office of Field Coordination

FROM:                  PATRICK R. TYSON
                      Federal Compliance and State Programs

SUBJECT:               Applicability of the Coal Tar Pitch Volatiles
                      Standard to Dust of Coal Tar Pitch

In response to your written inquiry of March 16, 1982, this memorandum reasserts the applicability of the coal tar pitch volatiles standard to coal tar pitch dust.

The constituents of coal tar pitch are chemical substances that are collected as they volatilize during the destructive distillation of coal to produce coke, which is the distillation residue of coal. This fact places the constituents under the coal tar pitch volatiles standard. It is irrelevant whether the constituents are in solid, liquid, or gaseous form.