Regulations (Preambles to Final Rules) - Table of Contents Regulations (Preambles to Final Rules) - Table of Contents
• Record Type: Occupational Exposure to Asbestos, Tremolite, Anthophyllite and Actinolite [1988]
• Section: 0
• Title: Intro to 29 CFR Parts 1910 and 1926, Occupational Exposure to Asbestos, Tremolite, Anthophyllite and Actinolite [1988].

DEPARTMENT OF LABOR

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

29 CFR Parts 1910 and 1926

[Docket No. H-033]

OCCUPATIONAL EXPOSURE TO ASBESTOS, TREMOLITE, ANTHOPHYLLITE AND ACTINOLITE

AGENCY: Occupational Safety and Health Administration, Department of Labor.

ACTION: Final rules: amendment.


SUMMARY: On June 20, 1986 OSHA published revised standards governing occupational exposure to asbestos, tremolite, anthophyllite and actinolite in general industry and construction. In these standards, OSHA reduced the 8-hour time weighted average (TWA) permissible exposure limit (PEL) to 0.2 f/cc, but did not issue a short term exposure limit (STEL) or excursion limit for exposure to these materials. OSHA is now amending these rules by adding an excursion limit of 1 f/cc average over a sampling period of 30 minutes.

The Agency has based this determination on its review of the asbestos rulemaking record using criteria set forth by the Court of Appeals for the District of Columbia Circuit (Public Citizen Health Research Group v. Tyson, 796 F. 2d 1479 (D.C. Cir., 1986) and Building and Construction Trades Department, AFL-CIO v. Brock, 838 F. 2d 1258, 1273 (D.C. Cir., 1988)). Based on this review, OSHA has determined that the record supports the issuance of a 1 f/cc excursion limit measured over 30 minutes for all workplaces affected by the revised asbestos standards and is amending the standards to that effect. In addition employers are required to take other protective actions when employee exposures exceed the EL. The evidence and considerations supporting this determination are set out in the supplementary information section of this document.

EFFECTIVE DATE: This final standard will become effective October 14, 1988 except the information collection requirements of 29 CFR 1910.1001(d)(2), (d)(3), (d)(5), (d)(7), (f)(2), (f)(3)(i), (j)(5), (l), and (m), and 29 CFR 1926.58(f)(2), (f)(3), (f)(6), (h)(3)(i), (k)(3), (k)(4), (m) and (n) as they apply to the excursion limit which will be submitted to OMB for approval. OSHA will publish a document in the future establishing an effective date for the information collection requirements.

FOR FURTHER INFORMATION CONTACT:

Mr. James Foster, OSHA, U.S. Department of Labor, Office of Public Affairs, Room N3647, 200 Constitution Avenue NW., Washington, DC 20210. Telephone (202) 523-8151.

SUPPLEMENTARY INFORMATION:

Editorial Note: Table of Contents added for your convenience.

Table of Contents:

  1. Clearance of Information Collection Requirements
  2. Regulatory and Legal Authority Background
  3. Regulatory Analysis
  4. Economic and Environmental Impacts
  5. Feasibility of Measuring Excursion Limit
  6. The Process for Promulgating the Excursion Limit
  7. Summary and Explanation
  8. State Plan Applicability
  9. Authority
  10. Amended Standards

[53 FR 35609, Sept. 14, 1988]


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