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• Publication Date: 07/31/1995
• Publication Type: Notice
• Fed Register #: 60:39009-39011
• Standard Number: 1902; 1910; 1952; 1953; 1953.2(c); 1953.20 ; 1953.4
• Title: Oregon State Standards; Notice of Approval

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Oregon State Standards; Notice of Approval

1. Background

Part 1953 of Title 29, Code of Federal Regulations, prescribes procedures under Section 18 of the Occupational Safety and Health Act of 1970 (hereinafter called the Act) by which the Regional Administrator for Occupational Safety and Health (hereinafter called Regional Administrator) under a delegation of authority from the Assistant Secretary of Labor for occupational Safety and Health (hereinafter called the Assistant Secretary (29 CFR 1953.4) will review and approve standards promulgated pursuant to a State plan which has been approved in accordance with Section 18(c) of the Act and 29 CFR Part 1902. On December 28, 1972, notice was published in the Federal Register (37 FR 28628) of the approval of the Oregon plan and the adoption of Subpart D to Part 1952 containing the decision.

The Oregon plan provides for adoption of State standards which are at least as effective as comparable Federal standards promulgated under Section 6 of the Act. Section 1953.20 provides that where any alteration in the Federal program could have an adverse impact on the at least as effective as status of the State program, a program change supplement to a State plan shall be required. The Oregon plan also provides for the adoption of Federal standards as State standards by reference.

In response to Federal standard changes, the State has submitted by letter dated May 10, 1994, a standard amendment identical to 29 CFR 1910.110(d)(11), Storage and Handling of Liquefied Petroleum Gases, as published in the Federal Register (58 FR 15089) on March 19, 1993. This correction was made when the standard was reprinted on August 27, 1993.

In response to Federal standard changes, the State has submitted by letter dated April 21, 1994, State standard amendments identical to 29 CFR 1910.94, 1910.96 and 1910.100, Subpart G -- Occupational Health and Environmental Control, as published in the Federal Register (58 FR 35308) on June 30, 1993. These corrections were made when the standard was reprinted on April 6, 1994.

In response to Federal standard changes, the State has submitted by letter dated November 4, 1994, State standard amendments identical to 29 CFR 1910.132, 1910.133, 1910.135, 1910.136 and 1910.138 and Appendices A and B, Personal Protective Equipment, as published in the Federal Register (59 FR 6126) on February 9, 1994. In addition, several Oregon-initiated rules at OAR 437-02-123 through 137 were delegated because the new Federal adoption now covers these areas. The changes were adopted in Administrative Order 5-1994, on September 30, 1994, and became effective on September 30, 1994.

In response to Federal standard changes, the State has submitted by letter dated November 4, 1994, State standard amendments identical to Federal changes to 29 CFR 1910.146(k)(2)(ii) and the "Atmospheric monitoring" section of Appendix E, "Sewer System Entry", of the Permit-Required Confined Spaces standard, as published in the Federal Register (59 FR 26114) on May 19, 1994. The change was adopted in Administrative Order 5-1994, on September 30, 1994, and became effective on September 30, 1994. OSHA previously approved Oregon's Permit-Required Confined Spaces standard in the Federal Register (58 FR 57631) on October 26, 1993.

On its own initiative, the State of Oregon has submitted by letter dated February 10, 1994, a repeal of most of the State standard OAR 437. Division 116, Carcinogens, and a renumbered State-initiated rule for Carcinogens in Laboratories, OAR 437-02-391. Oregon has repealed most of Division 116 because the carcinogens in this code have been replaced by separate federal standards for individual carcinogens. The State's original Carcinogens standard, OAR 437 Chapter 22-017(D), received Federal Register approval (40 FR 50583) on October 30, 1975. The State's standard was subsequently recodified, without change, as OAR 437, Division 116, and received Federal Register approval (52 FR 27077) on July 17, 1987. The change was adopted in Administrative Order 12-1993 on August 20, 1993, and became effective on November 1, 1993.

On its own initiative, the State of Oregon has submitted by letter dated February 10, 1994, from John A. Pompei, Administrator, to James W. Lake, Regional Administrator, and incorporated as part of the plan, a redesignated, renumbered and slightly amended standard for Thiram, which is not covered by OSHA. The State's original standard OAR 437, Division 130, received Federal Register approval (44 FR 71469) on December 11, 1979. The amendment to the standard deleted a minor exemption to an eye protection requirement. The change was adopted in Administrative Order 12-1993 on August 20, 1993, and became effective on November 1, 1993.

On its own initiative, the State of Oregon has submitted by letter dated February 10, 1994, a renumbered and slightly amended standard for MOCA (4, 4'-Methylene bis (2-Chloro-Aniline)), which is not covered by OSHA. The State's original standard OAR 437, Chapter 22-017(D) received Federal Register approval (40 FR 50583) on October 30, 1975. The State's original standard was subsequently recodified, without change, as OAR 437, Division 116, and received Federal Register approval (52 FR 27077) on July 17, 1987. This change is needed because the State's one code at Division 116, which covered all carcinogens, was replaced by 16 separate standards identical to the federal. However, since MOCA is not required by OSHA, a separate standard for MOCA is necessary. The only changes to the standard were to change the word carcinogen to MOCA, him/her to them and his/her to their. The change was adopted in Administrative Order 12-1993 on August 20, 1993, and became effective on November 1, 1993.

On its own initiative, the State of Oregon has submitted by letter dated February 10, 1994, repeal of OAR 437, Division 137 and adoption by reference of 29 CFR 1910.1002, Coal Tar Pitch Volatiles. The State's original standard received Federal Register approval (50 FR 20105) on May 14, 1985. The change was adopted in Administrative Order 12-1993 on August 20, 1993, and became effective on November 1 1993.

On its own initiative, the State of Oregon has submitted by letter dated February 10, 1994, a repeal of most of OAR 437, Division 116 and the adoption by reference of the toxic and hazardous substances at 29 CFR 1910.1003 and 1910.1004, and 1910.1006 through 1910.1016. The State's original standard, OAR Chapter 22-017(D), received Federal Register approval (40 FR 50583) on October 30, 1975. The State's standard was subsequently recodified, without change, as OAR 437, Division 116, and received Federal Register approval (52 FR 27077) on July 17, 1987. The change was adopted in Administrative Order 12-1993 on August 20, 1993, and became effective on November 1, 1993.

On its own initiative, the State of Oregon has submitted by letter dated February 10, 1994, a repeal of OAR 437, Division 131, and the adoption by reference of 29 CFR 1910.1017, Vinyl Chloride. The original standard received Federal Register approval (45 FR 81132) on December 9, 1980. The change was adopted in Administrative Order 12-1993 on August 20, 1993, and became effective on November 1, 1993.

On its own initiative, the State of Oregon has submitted by letter dated February 10, 1994, a repeal of OAR 437, Division 100, and the adoption by reference of 29 CFR 1910.1018, Inorganic Arsenic. The original standard received Federal Register approval (45 FR 47546) on July 15, 1980. The change was adopted in Administrative Order 12-1993 on August 20, 1993, and became effective on November 1, 1993.

On its own initiative, the State of Oregon has submitted by letter dated February 10, 1994, the adoption by reference of 29 CFR 1910.1029, Coke Oven Emissions. Previously, the State certified that there was no industry where the standard would apply. The change was adopted in Administrative Order 12-1993 on August 20, 1993, and became effective on November 1, 1993.

On its own initiative, the State of Oregon has submitted by letter dated February 10, 1994, a repeal of OAR 437, Division 146, and the adoption by reference of 29 CFR 1910.1043, Cotton Dust. The original standard received Federal Register approval (47 FR 7550) on February 19, 1982. The change was adopted in Administrative Order 12-1993 on August 20, 1993, and became effective on November 1, 1993.

On its own initiative, the State of Oregon has submitted by letter dated February 10, 1994, a repeal of OAR 437, Division 132, and the adoption by reference of 29 CFR 1910.1044, 1,2-Dibromo-3-Chloropropane. The original standard received Federal Register approval (44 FR 71470) on December 11, 1979. The change was adopted in Administrative Order 12-1993 on August 20, 1993, and became effective on November 1, 1993.

On its own initiative, the State of Oregon has submitted by letter dated February 10, 1994, a repeal of OAR 437, Division 135, and the adoption by reference of 29 CFR 1910.1045, Acrylonitrile. The original standard received Federal Register approval (45 FR 47546) on July 15, 1980. The change was adopted in Administrative Order 12-1993 on August 20, 1993, and became effective on November 1, 1993.

All State letters were sent from John A. Pompei, Administrator, to James W. Lake, Regional Administrator, and incorporated as part of the plan.

2. Decision

OSHA has determined that the State standard amendments are at least as effective as the comparable Federal standards, as required by Section 18(c)(2) of the Act. OSHA has also determined that these State standard amendments are identical to the Federal amendments, except for the Carcinogens in Laboratories, Thiram, and MOCA changes which are substantially identical to the previously approved standards. OSHA therefore approves the standards; however, the right to reconsider this approval is reserved for the Carcinogens in Laboratories, Thiram, and MOCA amendments should substantial objections be submitted to the Assistant Secretary.

3. Location of Supplement for Inspection and Copying

A copy of the standards, along with the approved plan, may be inspected and copied during normal business hours at the following locations: Office of the Regional Administrator, Occupational Safety and Health Administration, 1111 Third Avenue, Suite 715, Seattle, Washington 98101-3212; Oregon Occupational Safety and Health Division, Department of Consumer and Business Services, Salem, Oregon 97310; and the Office of State Programs, Occupational Safety and Health Administration, Room N-3476, 200 Constitution Avenue, NW, Washington, D.C. 20210.

4. Public Participation

Under 29 CFR 1953.2(c), the Assistant Secretary may prescribe alternative procedures to expedite the review process or for other good cause which may be consistent with applicable laws. The Assistant Secretary finds that good cause exists for not publishing the supplement to the Oregon State Plan as a proposed change and making the Regional Administrator's approval effective upon publication for the following reasons:

1. The standard changes are identical to the federal standards which were promulgated in accordance with the federal law including meeting requirements for public participation.

2. The standard changes were adopted in accordance with the procedural requirements of State law and further public participation would be repetitious

This decision is effective July 31, 1995.

(§ 18, Pub. L. 91-596, 84 Stat. 6108 [29 U.S.C. 667])

Signed at Seattle, Washington, this 20th day of March 1995.

Richard S. Terrill,
Acting Regional Administrator.

[FR Doc. 95-18699 Filed 7-28-95; 8:45 am]


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