Regulations (Preambles to Final Rules) - Table of Contents Regulations (Preambles to Final Rules) - Table of Contents
• Record Type: Air Contaminants
• Section: 0
• Title: Intro to 29 CFR Part 1910, Air Contaminants

DEPARTMENT OF LABOR

OCCUPATIONAL SAFETY and HEALTH ADMINISTRATION

29 CFR Part 1910

Air Contaminants

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Final rule.

SUMMARY: The Occupational Safety and Health Administration (OSHA) is amending its existing Air Contaminants standard, 1910.1000 including Tables Z-1, Z-2 and Z-3. This amendment is limited to making more protective 212 Permissible Exposure Limits (PEL) listed in these three Tables; setting new PEL's for 164 substances not currently regulated by OSHA; and maintaining other PELs unchanged. Changes include revision of the PEL; inclusion of Short Term Exposure Limits (STEL) to complement 8 hour time weighted average (TWA) limits; establishment of skin designation; and addition of ceiling limits as appropriate.

All of the revised PELs are included in a single new Table Z-1-A which also includes the existing OSHA PELs under the Transitional Limits Columns. This regulation permits the use of any compliance methodology, until Dec. 31, 1992, to achieve the revised PEL. However, during this time period the established OSHA hierarchy of controls with preference for engineering controls will be applied to achieve the level of the transitional PELs. Tables Z-2 and Z-3 are temporarily maintained since they contain limits which cannot conveniently be included in the format used in Table Z-1-A.

OSHA has reviewed health, risk and feasibility evidence for all 428 substances for which changes to the PEL were considered. In each instance where a revised or new PEL is adopted, OSHA has determined that the new limits substantially reduce a significant risk of material health impairment among American workers, and that the new limits are technologically and economically feasible.

The revised standards will provide additional occupational health protection to 5. million workers at an annual cost of approximately $170 per employee protected. This cost is only a fraction of 1 percent of sales for all affected sectors.

DATES: This final rule shall become effective March 1, 1989. The start-up date for compliance with any combination of controls is September 1, 1989. The start-up date for compliance with preference for feasible engineering controls is December 31, 1992, or in certain circumstances December 31, 1993. See 29 CFR 1910.1000 (f) or Section X of the preamble.

ADDRESS: In compliance with 28 U.S.C. 2112(a), the Agency designates for receipt of petitions for review of the standard, the Associate Solicitor for Occupational Safety and Health, Office of the Solicitor, Room S-4004, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20010.

FOR FURTHER INFORMATION CONTACT: Mr. James F. Foster, OSHA Office of Public Affairs, Room N-3647, Department of Labor, 200 Constitution Ave., N.W., Washington, D.C. 20210 (202-523-8151). Copies of this document may be obtained two weeks after the publication date from the OSHA Publications Office, Rm. N-3101, at the above address (202-523-9667) or at any OSHA regional or area office.

SUPPLEMENTARY INFORMATION:

Organization of this Document

This Federal Register notice discusses health, feasibility, policy and legal issues, and includes amendments to 29 CFR 1910.1000, Tables Z-1, Z-2, and Z-3. All these amendments are included in a new Table Z-1-A which is part of Section X. Tables Z-2 and Z-3 are reprinted in Section X for reference purposes, and to assist during phased enforcement procedures. The preamble includes a discussion of the generic health effects for 18 individual groupings (e.g., neuropathic, ocular, cardiovascular, etc.) as well as a review of the health effects for all of the individual substances. It also includes the final feasibility and regulatory analysis with feasibility determinations organized by industry sector. All these discussions address the comments submitted to the public record for this rulemaking.

The Docket (H-020) includes considerable additional data, including many health studies, the complete preliminary and final feasibility and regulatory analyses with appendices, and additional feasibility information. This includes the final results of a large scale industry survey and many site visits. A four-volume printed version of this information, organized by substance, is also in the Docket. Also included in the record are extensive public comments which include additional health studies and feasibility analyses. The record includes 13 volumes of oral testimony and questioning of witnesses.

All this information is available for inspection and copying at the Docket Office. A list of exhibits is available in the Docket Office located in Room N-2635 at the above address, (202) 523-7894.
The preamble discussion is organized in the following manner:
Summary
Dates
Further Information/Addresses
Supplementary Information:
  1. Executive Summary
    1. Background
    2. Proposal
    3. Final Regulation
  2. Index to Preamble Discussion of Individual Substances
  3. Pertinent Legal Authority
  4. Overview of Rulemaking
    1. History of Health Standards and Need to Revise PELs
    2. Chronology of Regulation
    3. Details of Approach Used to Develop Regulation
    4. Boundaries to Regulation
    5. Special Considerations
    6. Construction, Maritime and Agriculture Segments
    7. Federalism
    8. Glossary of Terms
    9. Clearance of Information Collection Requirements
    10. Maintaining Z-Tables Current
  5. Summary of Commenters Responses to NPRM Questions
  6. Health Effects Discussion and Determination of Final PEL
    1. General Principles of Toxicology and Dose-Response
    2. Historical Development of Occupational Exposure Limits
    3. Description of the Substances for Which Limits Are Being Revised or Established
      1. Substances for Which Limits Are Based on Avoidance of Neuropathic Effects.
      2. Substances for Which Limits Are Based on Avoidance of Narcotic Effects.
      3. Substances for Which Limits are Based on Avoidance of Sensory Irritation.
      4. Substances for Which Limits are Based on Avoidance of Liver or Kidney Effects.
      5. Substances for Which Limits are Based on Avoidance of Ocular Effects.
      6. Substances for Which Limits are Based on Avoidance of Respiratory Effects.
      7. Substances for Which Limits are Based on Avoidance of Cardiovascular Effects.
      8. Substances for Which Limits are Based on Avoidance of Systemic Toxicity.
      9. Substances for Which Limits are Based on No Observed Adverse-Effect Levels.
      10. Substances for Which Limits are Based on Avoidance of Physical Irritation and Other Effects.
      11. Substances for Which Limits are Based on Avoidance of Odor Effects.
      12. Substances for Which Limits are Based on Analogy to Related Substances.
      13. Substances for Which Limits are Based on Avoidance of Biochemical/Metabolic Effects.
      14. Substances for Which Limits are Based on Avoidance of Sensitization Effects.
      15. Substances for Which Limits are Based on Avoidance of Cancer.
      16. Substances for Which Current ACGIH TLVs Are Less Stringent Than Existing OSHA PELs.
      17. Substances for Which OSHA Is Establishing Short-Term Exposure Limits.
      18. Substances for Which OSHA Is Adding Skin Notations.
    4. References
  7. Feasibility and Regulatory Analyses
    1. Table of Contents
    2. Introduction and Executive Summary
    3. Survey of Affected Industries
    4. Employee Exposures and Benefits
    5. Nonregulatory Alternatives
    6. Technological Feasibility
    7. Costs of Compliance
    8. Economic Impact, Regulatory Flexibility Analysis, and Environmental Impact Assessment
    9. Supplement 1 - Technical Description of Sample Survey
  8. Summary and Explanation of Standard
    1. Scope and Selection of PELs
    2. Start-Up Schedule
    3. Analytical Methods
    4. Content of Standard
    5. State Plan Applicability
    6. List of Subjects in 29 CFR Part 1910
  9. Authority
  10. Standard and Tables Z-1-A; Z-2; Z-3
  11. Appendix - Sampling and Analytical Methods

[54 FR 2332, Jan. 19, 1989; 54 FR 14909, April 13, 1989; 54 FR 28154, July 5,1989]


Regulations (Preambles to Final Rules) - Table of Contents Regulations (Preambles to Final Rules) - Table of Contents