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Regulations (Preambles to Final Rules) - Table of Contents
• Record Type: Dipping and Coating Operations
• Section: 2
• Title: Section 2 - II. Summary and Explanation of the Final Rule

II. Summary and Explanation of the Final Rule

This section consists of five parts. Part 1 summarizes the comments received by OSHA on the three issues raised in the proposal. The issues are listed together, followed by the comments on each issue and OSHA's responses. The second part summarizes the comments on specific paragraphs of the proposal, as well as OSHA's discussion of the comments. In the third part, OSHA responds to general comments made about the rulemaking, while the fourth part describes technical and editorial revisions made by OSHA to the final regulatory text. Part 5 consists of tables that compare provisions of the former and final rules.

Note that OSHA has redesignated the section numbers in the final rule as 1910.122 through 1910.126, instead of 1910.121 through 1910.125, as proposed. This revision is explained more fully in Part 4, paragraph a.

Part 1

OSHA received the following comments on the three issues raised in the proposal.

(a) The first issue, which addressed whether the plain-language version of the final rule reduces employee protections or increases employer burden when compared with the former standards, received only one comment (Ex. 4-13). This commenter stated that the plain-language version improved employee protection because the performance-oriented language would "accommodate technical advancement in industries impacted by the standard." This comment substantiates the Agency's finding that the proposed standard "will enhance employee protection by * * * providing additional compliance flexibility to employers." (63 FR 16918)

(b) The second issue, which concerned commenters' preference for the traditional format or question-and- answer format (both of which were proposed), elicited five comments. One commenter (Ex. 4-6) had no preference, stating that "either plain language alternative format * * * [is] acceptable and more user friendly than the current standard." Another commenter (Ex. 4-7) preferred the traditional format but provided no rationale for this preference. Three commenters (Exs. 4-3, 4-5, and 4-13) preferred the traditional format on the grounds that it simplified the regulatory text and made it easy to follow. One of these commenters (Ex. 4-5) noted that the paragraph headings in the traditional format are "informative and useful; they should make it easier [to find information quickly]." Another commenter (Ex. 4-12) objected to the question-and-answer format because it is "redundant and more time consuming to review," adding that locating a specific requirement depends too much on the reader's asking of the correct question. Additionally, this commenter stated that existing training programs "are built around the traditional format, and a change of format would require a more comprehensive approach than proposed here." One commenter (Ex. 4-8) favored the question-and-answer format because the simple paragraphs are "devoted to a single, unified topic" and "are more 'user friendly' and thus will be more easily understood."

Existing Federal policy favors the use, when appropriate, of the question-and-answer format and personal pronouns to enhance understandability and directness. Based on a recent memorandum from President Clinton (Presidential Memorandum for the Heads of Executive Departments and Agencies, June 1, 1998) and additional guidance received from the National Partnership for Reinventing Government (Vice Presidential Memorandum to the Heads of Executive Departments and Agencies, July 29, 1998), OSHA decided that the final rule will follow the question-and-answer plain-language format. To address commenters' concerns (Exs. 4-3, 4-5, and 4-13), OSHA removed proposed sentences that were repeated in both the question and answer to the question, shortened the questions, and made them specific to the topic of the provision.

(c) The third issue raised in the proposal asked whether provisions of the former dip-tank standards should be updated. Only one comment (Ex. 4-12) was received on this topic, and this commenter stated that there was no need to update the standards further. The Agency, therefore, concludes that no further updating of the dip-tank standards is necessary at this time.

Part 2

OSHA received the following comments on specific proposed paragraphs.

Proposed paragraphs 1910.122(a) and (b) (final paragraphs 1910.123(a) and (b)), which addressed the scope of the rule, received one comment (Ex. 4-4). This commenter stated that the two paragraphs should be combined because "[s]eparating them serves no purpose." OSHA has not combined paragraphs (a) and (b) in the final rule because the Agency believes it is appropriate to separate provisions establishing the final rule's applicability from those providing examples of covered operations.

Four commenters (Exs. 4-6, 4-7, 4-9, and 4-11) were concerned that the scope of the proposed rule had been enlarged over that of the former standards because the proposal used the phrase "liquid other than water." For example, one commenter (Ex. 4-6) interpreted this phrase as including, for example, water-based materials. According to this commenter, "the hazard associated with materials having high flash points (e.g. greater than 140 or 200 degrees Fahrenheit; Class II or Class IIIA liquids), and low toxicity, do [sic] not appear to warrant inclusion in this type of a standard. This can include numerous water-based materials that can be used for cleaning, coating or treating."

Another commenter (Ex. 4-7) argued that the scope of the proposed rule was broader than that of the former standard because the hazard assessment required by paragraph (d)(2) of former section 1910.94 had been removed and "[w]ithout a hazard assessment the proposed rule's coverage would significantly expand and add burdensome requirements where there is little hazard." Another commenter (Ex. 4-9) stated, "Logically, the proposed rule should [require employers to] assess the severity and exposure to a hazard based on existing OSHA requirements (Z table). Then if the hazard or exposure warranted employee protection, the proposed rules would be required."

The major concern of these commenters was that the scope of the rule had been broadened beyond that of former sections 1910.94(d) and 1910.108. In situations where the ventilation requirements of former paragraph 1910.94(d) did not apply (because employers were using cleaning solutions such as soap and water in their dip tanks), the commenters assumed that the training, personal-protection, hygiene- facilities, physical-examination, and first-aid requirements also did not apply. This assumption is not correct. Under the former rule (1910.94(d)(2)) and the final rule (1910.124(b)), even if a dipping or coating operation is exempt from the ventilation requirements, it may still be covered by other provisions, depending on the characteristics of the operation. For example, the hygiene facilities provision of the final rule applies when employees are exposed to "liquids that may burn, irritate, or otherwise harm their skin"; this clarification is explained below in OSHA's response to the comments on proposed paragraph 1910.123(g). Similarly, the physical-examination and first- aid requirements also apply when specific conditions exist (see the discussion of paragraph 1910.123(h) below). As discussed below, these provisions are no broader in scope in the final rule than they were before.

In addition, the final rule cross-references the personal- protective equipment (PPE) requirements of subpart I, instead of including them in the rule. The effect of this change, which is described in connection with the discussion below of paragraphs 1910.123(e) and (f), is that the final rule's PPE requirements will only be triggered when the contents of the dip tank warrant use of PPE.

Proposed paragraph 1910.122(d) (final paragraph 1910.123(d)) defined "approved" to mean that the "equipment is listed or approved by a nationally recognized testing laboratory as defined by Sec. 1910.7." One commenter (Ex. 4-4) recommended that the definition be revised to "allow equipment and systems that can be shown to meet a recognized design standard." OSHA has not adopted this suggestion because 29 CFR 1910.7 ensures that a nationally recognized testing laboratory (NRTL) has evaluated approved equipment and found it to be safe.

In defining the term "approved," OSHA refers to section 1910.7 because it permits uniform and high-quality evaluation of health and safety equipment required by OSHA standards. OSHA has recognized many NRTLs under 29 CFR 1910.7 to provide equipment manufacturers with testing services; a list of these laboratories can be obtained from OSHA's Technical Support Directorate. In addition, this commenter is recommending a substantive revision to the former standards that OSHA has not considered, and which, therefore, is beyond the scope of this rulemaking.

Proposed paragraph 1910.122(d) (final paragraph 1910.123(d)) defined "combustible liquid" as "a liquid having a flash point of 100 deg. F (37.8 deg. C) or above." One commenter (Ex. 4-1) recommended that "[t]he * * * definition should be expanded to state `but less than 200 deg. F,' " and another commenter (Ex. 4-7) stated that Class III liquids should not be covered and Class II liquids should be defined as having "a flash point above * * * 100 degrees Fahrenheit and below 140 degrees Fahrenheit."

OSHA has retained the proposed definition of "combustible liquids" in the final rule because it is consistent with the definition of such liquids in section 1910.106(a) (as well as NFPA 34- 1995); in addition, the regulated community has considerable experience using this definition when managing flammable and combustible liquids. However, the Agency also has added a statement at the beginning of section 1910.125 of the final rule excepting combustible liquids with flashpoints of 200 deg. F or above from the rule unless the liquid is heated as part of the dipping or coating operation or a heated object is placed in an unheated liquid having such a flashpoint. This exception, which responds to the comments on this provision, is warranted because no combustible or explosive vapors are produced under these conditions.

Proposed paragraph 1910.122(d) (final paragraph 1910.123(d)) defined "dip tank" as "a tank, vat, or container that holds liquids used for dipping or coating operations. In dipping or coating operations, an object may be immersed totally or partially in a dip tank, or held in the vapor above the dip tank." There were four comments on this definition (Exs. 4-1, 4-6, 4-7, and 4-10). One commenter (Ex. 4-1) observed that objects are often held "within the vapor layer, which is above the liquid level and below the condensing coils within the tank." OSHA agrees with this commenter and, in the final rule, revised the last part of the second sentence of the definition to read "or suspended in a vapor coming from the dip tank."

This commenter (Ex. 4-1) also noted that OSHA Instruction STD 1-5.5 states that parts-washing sinks are not dip tanks. Other commenters (Exs. 4-6, 4-7, and 4-10) argued that containers having a capacity or surface area below a specific level (e.g., 60 gallons or 25 square feet) should not be covered by the definition.

The proposed definition of "dip tank" was adopted from those in former paragraphs 1910.94(d)(1)(i) and 1910.108(a)(1), which contained no exceptions based on the dip tank's type, capacity, or surface area. Therefore, all containers, regardless of capacity or surface area, are covered by the applicable requirements of the final rule; to exempt some tanks based on these considerations would diminish the protections provided to employees by the final rule. The Agency also notes that OSHA Instruction STD 1-5.5, which was published in 1978, pertained to parts-washing tanks that were supplied with drains. The use of such tanks is no longer permitted by Environmental Protection Agency rules, which prohibit the draining of flammable or combustible liquids into sewer systems or ground-water reservoirs. Consequently, OSHA will soon issue a directive canceling STD 1-5.5.

Another commenter (Ex. 4-7) recommended that "OSHA should use [its] existing definition [of dip tanks] in 29 CFR 1910.108(a)(1)." In response, OSHA notes that the definition of "dip tank" in former paragraph 1910.108(a)(1) covered only flammable and combustible liquids, while other liquids were covered by the definition in former paragraph 1910.94(d)(1)(i). The final standard's definition of dip tank combines the coverage and operations addressed by the definitions in both sections 1910.94(d) and 1910.108.

Proposed paragraph 1910.122(d) (final paragraph 1910.123(d)) defined "vapor area" as "any space containing dipping or coating operations, its drain boards, and associated drying or conveying equipment." Four commenters (Exs. 4-1, 4-2, 4-4, and 4-7) stated that the definition was vague and should be revised to "provide an objective and simple test to determine the boundaries of a `vapor area' so that employers complying with the standard can clearly establish the point in their operations at which such precautions as explosion-proof or intrinsically electrical equipment must be used" (Ex. 4-2). A second commenter (Ex. 4-4) stated that "[t]he definition [of vapor area] should include any associated equipment that might operate above 25% of the LFL, as is the case in NFPA 34's definition in Section 1- 6." This commenter also recommended that OSHA adopt the definition of "vapor source" from section 1-6 of NFPA 34-1995. Finally, a third commenter (Ex. 4-7) urged OSHA to "consider adding `or hazardous concentrations of vapors' [to the definition] so that this encompasses both [former] regulations."

OSHA agrees with these commenters that the definition of "vapor area" in the final rule should be more specific. Consequently, the Agency revised the definition to include areas in which the concentration of flammable vapors exceeds 25% of the LFL. The revised definition, therefore, is consistent with the phrase "dangerous quantities" in the definition of "vapor area" in former paragraph 1910.108(a)(2). However, OSHA sees no need to adopt a definition for "vapor source" because this term is not used in the regulatory text.

Proposed paragraph 1910.123(a) (final paragraph 1910.124(a)), which addressed the construction requirements for dip tanks and would have required the tank and its drain boards to be able "to withstand any expected load," received only one comment (Ex. 4-7): "A more concise wording would read `Dip tanks must be constructed for their intended service.' " The Agency interprets the phrase "to withstand any expected load" in the standard as referring to the strength of the dip tank. The term "service" in the commenter's recommended language appears to address the usefulness of a dip tank, not its strength. Therefore, OSHA is not adopting this commenter's suggestion.

Proposed paragraph 1910.123(b) (final paragraph 1910.124(b)), which specified the requirements for adequate ventilation, elicited only the following comment (Ex. 4-4): "NFPA 34 Section 5-2 is more definitive [than the parallel provision in the proposed rule] in that it sets a performance requirement for the ventilation system to limit the extent of the vapor area to not more than 5 feet beyond the vapor source, as defined in NFPA 34." OSHA believes that, for optimal employee protection and consistency with the requirements of former paragraphs 1910.94(d)(3) and 1910.108(b)(1), no area above the dip tank may have a concentration greater than 25% of the lower flammable limit for the substance in the tank. Additionally, paragraph 1910.124(b)(4) of the final standard states, as did the proposal, that the employer who complies with NFPA 34-1995 also meets the mechanical-ventilation requirements of the OSHA standard.

Proposed paragraph 1910.123(b)(2) (final paragraph 1910.124(b)(3)), which concerned tank covers and materials that may be used as alternatives to ventilation in some circumstances, elicited only one comment. This commenter (Ex. 4-4) stated that "[w]hile a tank cover will reduce ignitable vapors, it can be argued that the floating beads [allowed by the standard to replace or supplement ventilation in some cases] will increase the surface area from which vapors can evolve." According to the final rule, however, tank covers or floating materials (including floating beads) cannot be used when these controls do not "maintain the airborne concentrations of the hazardous material and the worker's exposure below the limits specified in paragraphs (b)(1) and (b)(2) of this section." OSHA, therefore, believes that this commenter's concern has been addressed by this revision to the final rule.

Proposed paragraph 1910.123(b)(4) (final paragraph 1910.124(b)(5)), which addressed mechanical ventilation, received only one comment (Ex. 4-7). This commenter stated that this paragraph does not allow employers to use dilution (non-mechanical) ventilation to control low- level exposures to airborne contaminants. This is a misinterpretation of proposed paragraph 1910.123(b)(4), however, because that paragraph does not require that mechanical ventilation be used, only that it "draw the flow of air into a hood or exhaust duct" when it is used. Therefore, non-mechanical dilution ventilation (e.g., open windows and doors) can be used when it meets the specifications of final paragraphs 1910.124(b)(1) and (b)(2).

Proposed paragraph 1910.123(c)(2)(i) (final paragraph 1910.124(c)(2)(i)), which specified that recirculated exhaust air be free of solid particulates, was the subject of a comment (Ex. 4-7) that stated "this requirement is unnecessary unless the particulate poses a health or fire hazard." OSHA agrees that this requirement applies only to particulates that pose health and fire hazards to employees, and has revised the final provision accordingly.

Proposed paragraph 1910.123(c)(3)(iii), which required that the flow rate of make-up air be measured when an exhaust hood is installed, elicited two comments (Exs. 4-3 and 4-10). The first commenter (Ex. 4- 3) endorsed the proposed revision because it would improve compliance, while the second commenter (Ex. 4-10) noted, "[For small operations, t]here [may be] numerous exhausts and numerous sources of make-up air. In these cases the flow rate of make up air can not be measured."

OSHA has decided that this provision is redundant with the requirements of final paragraph 1910.124(d)(1), which requires that the correct airflow be evaluated and maintained to ensure that the volume of outside air is at least 90 percent of the volume of the exhaust air. Therefore, the paragraph as proposed is not included in the final rule.

Proposed paragraph 1910.123(d) (final paragraph 1910.124(e)), which addressed employee entry into dip tanks, received only one comment (Ex. 4-7). This commenter asked whether the permit requirements of OSHA's Permit-Required Confined Spaces standard (29 CFR 1910.146) will apply to dip tanks because that standard defines confined-space entry as "breaking the plane of the confined space with any part of the body." This commenter observed that "[i]n dipping and coating operations employees may be required to break the plane of the tank to dip or coat parts."

According to paragraph (b) of 29 CFR 1910.146, a permit-required confined space must be "large enough and so configured that an employee can bodily enter and perform assigned work," have "limited or restricted means for entry or exit," and not be "designed for continuous employee occupancy." In response to this commenter, OSHA notes that entry into dip tanks that meet this definition must be done in accordance with the requirements of 29 CFR 1910.146, and that the standard would be cited if improper entry occurs.

Proposed paragraph 1910.123(e) (final paragraph 1910.124(f)), which addressed training requirements for employees who work in or near a vapor area, was found by two commenters (Exs. 4-1 and 4-7) to duplicate other OSHA training requirements. The proposed provision would have required employers to instruct employees working in or near a vapor area in the hazards of their jobs, first-aid products, and PPE. One commenter (Ex. 4-7) stated that "[t]he requirements of 29 CFR 1910.1200 already require [hazard training]. This [proposed] requirement is duplicative and burdensome. [Also, 29 CFR 1910.38 and 1910.151 specify first-aid procedures.]"

OSHA agrees that the proposed requirement for hazard training would have duplicated the provisions of paragraph (h) of the Hazard Communication standard, 29 CFR 1910.1200, and has therefore deleted it from the final Dipping and Coating Operations standard. However, OSHA does not agree that paragraph (a) of section 1910.38 addresses first aid directly; instead, it requires that designated employees be trained to assist "in the safe and orderly emergency evacuation of [other] employees." Paragraph (c) of section 1910.151 requires that "a person or persons be trained to render first aid" when "an infirmary, clinic, or hospital is not in near proximity * * * for the treatment of all injured employees * * *." The first-aid provision of section 1910.151, therefore, does not duplicate the proposed requirement, which stated that "all employees who work in or near a vapor area must receive "appropriate first-aid instruction." Adopting the first-aid requirements of section 1910.151 in lieu of the proposed requirement would reduce substantially the protection afforded to employees by this paragraph of the final rule, and OSHA has thus not adopted this suggestion.

For clarity, OSHA has revised the language of paragraph 1910.124(f) to state that employees must "know" about the first-aid procedures appropriate to the dipping and coating hazards to which they are exposed. This revision eliminates the proposed provision, which would have required employers to document that employees involved in dipping or coating operations had received the required instruction.

Proposed paragraph 1910.123(f), which specified requirements for personal protective equipment (PPE), elicited two comments (Exs. 4-1 and 4-7) recommending that the provision be dropped because it duplicated the hazard-assessment, training, and PPE requirements of 29 CFR subpart I. Two other commenters (Exs. 4-10 and 4-11) noted that a hazard assessment conducted under the proposed provision would require PPE when employees were exposed to minor hazards, such as soap-and- water solutions. A fifth commenter (Ex. 4-13) recommended that the ANSI consensus standard for eye and face protection, ANSI Z87.1-1989, be referenced in this paragraph.

OSHA agrees that this proposed paragraph would have duplicated the requirements of 29 CFR 1910, subpart I, and has accordingly deleted it from the final standard. OSHA notes that the requirements of 29 CFR 1910, subpart I, including the Respiratory Protection requirements at section 1910.134, have always applied, as appropriate, to employers who are involved in dipping or coating operations, and will continue to do so. Paragraph (b)(1) of section 1910.133 ("Eye and Face Protection"), which applies to employers who engage in dipping or coating operations, refers to ANSI Z87.1-1987; thus, adding a cross-reference to the ANSI standard is not necessary, as suggested by one commenter (Ex. 4-1).

Proposed paragraph 1910.123(g) (final paragraph 1910.124(g)), which addressed hygiene facilities, elicited two comments. The first commenter (Ex. 4-3) stated that proposed paragraph (g)(3), which would have regulated washing facilities, was too vague and recommended that a minimum number of basins be specified. The second commenter (Ex. 4-7), however, found that proposed paragraph (g)(3) was "well stated" but that proposed paragraphs (g)(1) and (g)(2), which would have required storage, emergency-shower, and eye-wash facilities, were "unnecessary and burdensome."

On review of these provisions (proposed paragraphs (g)(1) and (g)(2)), OSHA has decided to narrow their application to those employees exposed to liquids that "burn, irritate, or otherwise [are] harmful to the skin." This revision is consistent with section 1910.94(d) of the former rule.

To clarify the requirement in proposed paragraph (g)(3) and to ensure that an adequate number of hygiene facilities is provided to employees, OSHA has revised this provision to specify, consistent with former section 1910.94(d)(9)(ix), that "at least one basin with a hot- water faucet [be provided] for every 10 employees who work with such liquids."

Proposed paragraph 1910.123(h) (final paragraph 1910.124(h)), which specified physical examination and first-aid requirements, received two comments (Exs. 4-7, 4-10) that were concerned with the regulatory burden imposed by the proposed paragraph. One commenter stated that "[p]hysical exams may be required dependent on the health risk but certainly [are] not required for cleaning operations using mild surfactants" (Ex. 4-7). This commenter noted that the medical service and first-aid requirements of section 1910.151 appear to duplicate the provisions of this paragraph, and that many employers "utilize first aid providers who bring their supplies with them to an emergency." The second commenter (Ex. 4-10) believed that the requirement proposed in paragraph (h)(4), which would have required first-aid supplies to be located near dipping and coating operations, contradicted the provision in proposed paragraph (h)(2) for a properly designated person to treat skin abrasions, cuts, rashes, or open sores, stating that "[t]he presence of first aid supplies near the operation would encourage administration of first aid by the operators [who] are not necessarily the properly designated people."

OSHA has not adopted the suggestions of these commenters because doing so would reduce the level of employee protection provided by the final rule. For example, even a mild surfactant may worsen a serious skin lesion and cause it to require the attention of a health care provider. Further, requiring that the first-aid kit be located "near the dipping and coating operations" could facilitate more rapid intervention in a medical emergency than merely having such supplies "readily available," as required by paragraph (b) of section 1910.151. The Agency notes, however, that paragraph (h)(4) of the final rule specifies only that the first-aid supplies be "appropriate." This means that less hazardous dipping or coating operations would be likely to require fewer first-aid supplies than more hazardous operations. In response to the comments in Ex. 4-10, the Agency finds that final rule paragraphs 1910.124 (h)(2) and (h)(4) do not contradict each other; paragraph (h)(2) addresses the treatment of skin abrasions, cuts, rashes, or open sores to prevent skin exposure to hazardous chemicals, while paragraph (h)(4) designates the location of first-aid supplies to be used after an injurious exposure has occurred.

As noted above in the summary and explanation for final rule paragraph 1910.124(g), the Agency has determined that these requirements apply only when specific liquids are being used. Accordingly, paragraph 1910.124 (h) of the final rule has been revised to require physical examination and first aid only when employees are exposed to "liquids that may burn, irritate, or otherwise harm their skin[.]"

Proposed paragraph 1910.123(j) (final paragraph 1910.124(j)), addressed the inspection and maintenance of dipping and coating operations, including quarterly inspections of ventilation systems. One commenter (Ex. 4-3) endorsed the proposed language because it would improve compliance, while another commenter (Ex. 4-7) found the requirement "too prescriptive" and recommended that it be replaced with more performance-based language. This commenter stated that "[i]n some corrosive atmospheres[,] quarterly [inspections] would be too infrequent. In other non-corrosive atmospheres[,] quarterly [inspections] would be too frequent and a waste of maintenance resources" (Ex. 4-7).

The proposed requirement was adapted from paragraph (d)(8)(i) of former section 1910.94, which specified inspections "[a]t intervals of not more than 3 months operation." Consequently, this commenter (Ex. 4-7) is recommending a substantive revision to the standard that is beyond the scope of this rulemaking. OSHA also believes that the final rule's phrase, "at least quarterly," imposes a duty on employers to inspect at more frequent intervals when doing so is necessary "to ensure that proper rates are maintained."

Proposed paragraph 1910.124 (final paragraph 1910.125), which specified requirements for dipping and coating operations that use flammable or combustible liquids, elicited only one comment (Ex. 4-4). This commenter encouraged OSHA to reinstate the former rule's requirement for bottom drains, at least for large tanks, and to adopt the language of NFPA 34-1995, section 3-6, because "draining the tank, particularly a large one, also removes a substantial amount of the fuel from the fire area quickly. Deleting this requirement presents a much greater risk for a severe and long-lived fire."

OSHA agrees with the commenter that properly installed bottom drains are necessary to quickly remove the substantial quantities of flammable and combustible liquids often present in large dip tanks; such removal reduces the risk of severe and long-lived fires that, under some conditions (e.g., delayed evacuation/exit), could pose serious risks to employees. Accordingly, paragraph 1910.125(c) of the final rule requires bottom drains for large dip tanks. However, unlike paragraph (c)(3) of former section 1910.108 or section 3-6 of the NFPA standard, this paragraph of the final rule uses performance-based language. For example, the final rule requires only that tanks discharge to a safe location, not to "closed properly vented salvage tanks or to a safe location outside," as specified by the former standard. The Agency believes that the term "safe location" includes "closed and vented salvage tanks." The former standard and NFPA 34- 1995 also specify the pipe sizes that must be used to drain dip tanks of various capacities, while this paragraph of the final rule requires only that the pipes be "correctly sized" to remove the flammable liquid. The revised language does specify, however, that the pipes be capable of removing the dip tank's contents "within five minutes after the fire begins," consistent with the language in NFPA 34-1995. This revision thus replaces the table in former paragraph 1910.108(c)(3)(iii) that specified correct pipe size and clarifies the requirement in former paragraph 1910.108(c)(3)(i) that "bottom drains [be] * * * arranged to quickly drain the tank * * *"

Paragraph 1910.125(c) of the final rule retains the exception from the bottom-drain requirements for dip tanks that contain highly viscous liquids. To clarify the provision, however, OSHA has replaced the phrase "makes this impractical" with the language "does not allow the liquid to flow or be pumped easily." Also included in this paragraph of the final rule is the provision in NFPA 34-1995 that excepts dip tanks that have automatic-closing doors from the bottom- drain requirements; former section 1910.108 did not have this exception. OSHA believes that automatic-closing doors eliminate fire and explosion hazards if they meet the requirements of paragraph (f)(3) of final section 1910.125 and, therefore, will protect employees at least as well as bottom drains.

Proposed paragraph 1910.124(b)(5) (final paragraph 1910.125(b)(2)), which addressed the clogging of overflow pipes, elicited only the following comment (Ex. 4-4): "[The NFPA Committee is] not aware of any problems with firefighting foam clogging the overflow pipe on a dip tank." The proposed provision was adopted from a requirement in paragraph (g)(3) of former section 1910.108, and OSHA believes that it is necessary to address the possibility of overflow pipe blockage. Paragraph 1910.125(b)(2) of the final rule thus includes the provision as proposed.

Proposed paragraph 1910.124(d) (final paragraph 1910.125(e)), which required the control of ignition sources, received only one comment (Ex. 4-4). This commenter stated that OSHA should substitute chapter 4 of NFPA 34-1995 for this entire paragraph of the final rule because, in the commenter's opinion, the NFPA chapter provides "diagrams that greatly simplify interpreting the requirements and establishing the limits of the hazardous (classified) location." OSHA finds that by defining the vapor area and the hazardous area surrounding the vapor area in objective terms, paragraph 1910.125(e) of the final rule will provide employers with the information necessary to identify hazardous areas and sources of ignition. Paragraph 1910.125(e) of the final rule also specifies the means of controlling ignition sources. OSHA has therefore not accepted this commenter's suggestion.

Proposed paragraph 1910.124(d)(2) (final paragraph 1910.125(e)(1)(i)), which specified the area that must be free of ignition sources, elicited several comments (Exs. 4-3, 4-7, 4-11). One commenter (Ex. 4-3) generally endorsed the proposed provision. Two commenters, however, recommended that the paragraph be revised. The first of these commenters (Ex. 4-7) stated that the requirement should be performance based and recommended the following language: "Open flames must be kept out of the vapor area * * * to prevent ignition." The second commenter (Ex. 4-11) believed that the proposed paragraph expanded the requirement in former section 1910.108 because it did not define hazardous areas by the quantity of flammable vapors present; this commenter recommended that OSHA instead adopt "the same distances as described in NFPA 34-1995."

OSHA believes that keeping ignition sources (including open flames) out of areas that are within 20 feet of the vapor area, which is a requirement taken from paragraphs (e)(1)(i) and (e)(2) of former section 1910.108, will afford employees more protection than merely excluding "open flames" from the vapor area (as specified in Ex. 4- 7's recommended language). OSHA believes that the revised definition of "vapor area" in the final rule, which states that a vapor area is an "area where the vapor concentration exceeds 25% of the LFL," when used in combination with the definition of an "adjacent area" as an "area within 20 feet * * * of a vapor area," will make paragraph 1910.125(e) of the final rule consistent with the requirements of former paragraph 1910.108(e)(2) and satisfy these commenters' concerns.

Proposed paragraph 1910.124(d)(6) (final paragraphs 1910.125(e)(4)(ii) and (e)(4)(iii)), which delineated the procedure for disposing of rags and other contaminated material, was found by the single commenter (Ex. 4-3) to be a "[g]ood change, [because it] removes all confusion." The language of the final rule is thus unchanged from that proposed.

Proposed paragraph 1910.124(d)(7) (final paragraph 1910.125(e)(5)), which prohibited smoking in a vapor area, elicited one comment (Ex. 4- 13). This commenter recommended that the no-smoking signs required by this paragraph conform to the characteristics for such signs specified in the ANSI Z535.2-1991 consensus standard.

The proposed no-smoking provision was adopted from paragraph (f)(4) of former section 1910.108. The Agency also regulates warning signs in Sec. 1910.145 to ensure that warning signs used in general industry conform with uniform specifications and are readily understood by employees. OSHA believes, therefore, that employer familiarity with the former standard and the provisions of Sec. 1910.145 will enhance their compliance with final paragraph 1910.125(e)(5). Adopting ANSI Z535.2- 1991 would require employers to comply with new sign requirements, thereby increasing their regulatory burden. Adopting ANSI Z535.2-1991 would require substantial changes to the former rule and, therefore, is beyond the scope of this plain-language rulemaking. (OSHA also notes that ANSI has since issued an updated version of this consensus standard, ANSI Z535.2-1998. Either version (1991 or 1998) will be acceptable for the design of no-smoking signs to comply with final paragraph 1910.125(e)(5).)

Proposed paragraph 1910.124(e)(1)(i) (final paragraph 1910.125(f)(1)), which prescribed fire protection for dip tanks having a specified volume or surface area, received only one comment (Ex. 4- 4). This commenter stated that section 7-6 of NFPA 34-1995 should be substituted for this paragraph because the NFPA standard "covers the smaller processes and allows a choice between a self-closing cover or a fire suppression system." OSHA based the size limitations specified in this requirement on paragraphs (c) and (h) of former section 1910.108; revising this requirement to cover smaller dip tanks would represent a substantive change to the former rule and is beyond the scope of this plain-language rulemaking.

Proposed paragraph 1910.125(d)(5) (final paragraph 1910.126(d)(5)), required that solvent-cleaning and vapor-degreasing tanks "with a vapor area larger than 4 feet\2\ (.38m\2\) . . . have cleanout or sludge doors located near the bottom of each tank." One commenter (Ex. 4-1) criticized the proposed language for using the term "vapor area" in a manner that was inconsistent with the definition of the term in proposed paragraph 1910.122(d). After reviewing the proposed paragraph, OSHA decided to delete it from the final standard because the Agency determined that it served no valid safety and health purpose (see the explanation of this action below in paragraph (j) of Part 4).

Proposed paragraph 1910.125(g)(7) (final paragraph 1910.126(g)(6)), which specified the fences, rails, or guards required in paint- detearing operations, received only a single comment (Ex. 4-13). This commenter recommended that such fences, rails, or guards be installed according to the ANSI A1264.1-1995 consensus standard. The ANSI consensus standard, which is more detailed than the final rule's provision, would require construction of a complete guardrail system for this purpose. OSHA believes that it is appropriate to permit a single rail when doing so will safely isolate employees from detearing operations. Accordingly, OSHA has not made the suggested change to the final rule.

Part 3

The following discussion addresses general comments on this plain language rulemaking.

One commenter (Ex. 4-4) recommended that "OSHA abandon its attempt to re-write portions of a 25-year-old standard" to conform to various parts of NFPA 34-1995 and instead adopt NFPA 34-1995 in its entirety. This commenter also encouraged OSHA to include references in the final rule stating that "any ventilation system designed, installed, and operated in accordance with NFPA 34 and NFPA 91 meets the requirements of [this rule] for fire protection purposes," and "that any dipping/ coating system that meets the requirements of NFPA 34 also meets [the requirements of this rule]." In a related matter, this commenter and another commenter (Ex. 4-13) asked why this rulemaking did not comply with the National Technology Transfer and Advancement Act of 1996 (NTTAA), which mandates that Federal regulatory agencies "use technical standards that are developed or adopted by voluntary consensus standards bodies. . . ."

In response, OSHA notes that the NTTAA's requirements do not apply where the Agency determines that use of a consensus standard "is inconsistent with applicable law or otherwise impractical . . . ." (15 U.S.C. 272 note.) In the case of this plain-language rewrite, adopting the recommended language would result in substantive revisions to the former standards and would therefore be beyond the scope of this rulemaking. In addition, the recommended NFPA standards use specification language, which is inconsistent with OSHA's emphasis on performance-oriented language in this rulemaking.

Part 4

OSHA has made various technical and editorial corrections to the regulatory text of the final rule.

In this final rule, OSHA has made the following changes to clarify the rule's meaning, to make the rule easier to follow, and to correct errors in the proposed rule. Specifically, OSHA has:

(a) Redesignated the section numbers in the final rule as 29 CFR 1910.122 to 29 CFR 1910.126 instead of 29 CFR 1910.121 to 29 CFR 1910.125. This revision is necessary because OSHA has reserved section 1910.121 for a future rule addressing the accreditation of training programs for workers involved in hazardous-waste operations and emergency-response activities.

(b) Removed proposed paragraph 1910.122(c)(2) from the final rule. The proposed paragraph, which was adopted from former paragraph 1910.94(d)(13)(ii), excepted surface-coating operations covered by 29 CFR 1910.107 from the scope of the standard. OSHA removed this provision from the final standard because the Agency interpreted the phrase "excluding open-tank operations" in former paragraph 1910.94(d)(13)(ii) to mean that the exception applied only when surface-coating operations do not involve dip tanks. OSHA believes that it is unnecessary to specify that the final standard, which regulates dip-tank operations, does not apply to surface-coating operations that do not involve dip tanks.

(c) Added two definitions to paragraph 1910.123(d) of the final rule. The first definition, of the term "adjacent area," clarifies the use of this term in paragraphs 1910.125(e)(1)(i) and (e)(1)(ii) of the final rule, and is consistent with the definition of "adjacent area" in paragraph (e)(2) of former section 1910.108. In both definitions, an adjacent area is defined as distinct from, and excluding, the vapor area.

The second definition, of the pronoun "you," was added because the final rule uses the "you" form of the question-and-answer plain- language style, as recommended in Federal plain-language guidance. This definition makes clear that employers are responsible for implementing the requirements of the final rule, as mandated by the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).

(d) Removed the proposed definition of "safe distance" from the final rule to avoid confusion when the term is used in the context of spark production (see paragraphs 1910.126(g)(3) and (g)(4)(iii) of the final rule), as opposed to its use in the context of the removal of an employee from a fire hazard (see paragraph 1910.125(a)(4) of the final rule). The meaning of the term now is specified separately in paragraphs 1910.126(a)(4), (g)(3), and (g)(4)(iii) of the final rule.

(e) Restored the requirement in former paragraph 1910.94(d)(9)(vii) to limit the water pressure in a water hose used for emergency eye washing and showering to 25 pounds per square inch (1.62 k/cm\2\) or less; this limit was inadvertently left out of the proposal. OSHA added this requirement to paragraph 1910.124(g)(2) of the final rule because the pressure limitation is necessary to prevent possible eye injury while using the hose.

(f) Removed from the final rule the first sentence in proposed paragraph 1910.124(j)(1), which required employers to "inspect [dipping and coating] equipment and promptly correct any deficiencies . . . [.]" This provision is redundant in large part with the requirement in proposed paragraph 1910.124(j)(1)(ii) "[T]o inspect all dipping and coating equipment . . . periodically." The periodic inspection requirement is specified in paragraph 1910.124(j)(3) of the final rule. The proposed requirement to "promptly correct any deficiencies" was added to final paragraph 1910.124(j)(3) because paragraph (f)(3) of former section 1910.108 required employers to promptly correct any defects found during periodic inspections of dip tanks.

(g) Moved an exception from the requirements to control ignition sources was from the note to proposed paragraph 1910.125(a) to paragraph 1910.125(e)(1)(i) of the final rule. OSHA determined that the exception in the former rule (paragraph 1910.108(e)(1)(i)) actually applies to electrostatic paint-detearing operations instead of hardening and tempering tanks. Accordingly, the exception has been moved to paragraph 1910.125(e)(1)(i) of the final rule, which specifies controls for electrical sources of ignition.

(h) Restored, in final rule paragraph 1910.126(a)(5), a provision inadvertently excluded from proposed paragraph 1910.125(a)(5) that permitted bottom drains in hardening or tempering tanks to be combined with the oil-circulating system.

(i) Removed from the final rule the note in proposed paragraph 1910.125(d)(2) because the combustion chamber must be air tight (except for the flue opening) regardless of the solvent used in vapor degreasing tanks.

(j) Removed proposed paragraph 1910.125(d)(5) from the final rule. The proposed paragraph required that solvent-cleaning and vapor- degreasing tanks that have a surface area larger than 4 feet2 (.38 m2) be equipped with "cleanout or sludge doors located near the bottom of the tank." OSHA determined that the purpose of this provision, which was adopted from former paragraph 1910.94(d)(12)(iv), was to provide employers with a convenient means of cleaning residue from the bottom of the tanks; therefore, the provision served no valid safety and health purpose.

Part 5

Comparing provisions of the former rules and the final rule.

The following tables show the paragraph designations of the former rules and the corresponding provisions of the final rule. Table I covers the requirements from former section 1910.94(d), and Table II lists the provisions from former section 1910.108. Table III contains the provisions of final sections 1910.123 through 1910.126 and the sources for each provision in former sections 1910.94(d) and 1910.108.

                           Table I
 Former Section 1910.94(d)          |       Final Sections 1910.123 
                                    |          through 1910.126
(d) Open surface tanks. (1) General |     
 (i) Application................... |     1910.123(a) and (b).
    (d)(1)(ii) Exhaust system       |     
     construction.................. |     1910.124(b)(4). 
    (d)(2)(i) to (d)(2)(vii)        |       
    Classification of open-surface  |     
     tank operations............... |     Covered by standards
                                    |     referenced in 
                                    |     1910.124(b)(4).
    (d)(3) Ventilation............. |     1910.124(b)(1) and (b)(2).
    (d)(4)(i) to (d)(4)(v) Control  |       
    requirements................... |     Covered by standards
                                    |     referenced in 1910.124(b)(4).
    (d)(5) Spray cleaning and       |     
     degreasing.................... |     1910.126(f).
    (d)(6) Control means other than |     
     ventilation................... |     1910.124(b)(3).
    (d)(7)(i) and (d)(7)(ii) System |     
     design........................ |     1910.124(b)(4).
    (d)(7)(iii) Protect against     |     
     exhaust system fire........... |     1910.124(b)(6).
    (d)(7)(iv) Exhaust system meets |     
     consensus standards........... |     1910.124(b)(4).
    (d)(8) Operation (i) Maintain   |     
     airflow....................... |     1910.124(j)(1) and (j)(2).
    (d)(8)(ii),(iii) Exhaust        |     
     discharge; makeup air......... |     1910.124(c) and (d).
    (d)(9) Personal protection. (i) |     
     Training...................... |     1910.124(f).
    (d)(9)(ii) Protective shoes.... |     Deleted, covered by  
                                    |     subpart I of 29 CFR 1910.
    (d)(9)(iii) Protective gloves.. |     Deleted, covered by  
                                    |     subpart I of 29 CFR 1910.
    (d)(9)(iv) Protective garments. |     Deleted, covered by  
                                    |     subpart I of 29 CFR 1910.
    (d)(9)(v) Protective goggles... |     Deleted, covered by 
                                    |     subpart I of 29 CFR 1910.
    (d)(9)(vi) Respirators......... |     Deleted, covered by 
                                    |     subpart I of 29 CFR 1910.
    (d)(9)(vii) Emergency showers.. |     1910.124(g)(2).
    (d)(9)(viii) Physician          |      
     authorization, examination.... |     1910.124(h)(1),(h)(2),
                                    |     and (h)(4).
    (d)(9)(ix) Washing facilities.. |     1910.124(g)(3).
    (d)(9)(x) Locker space......... |     1910.124(g)(1).
    (d)(9)(xi) First aid........... |     1910.124(h)(3).
    (d)(10) Special precautions for |      
     cyanide....................... |     1910.126(e).
    (d)(11) Inspection, maintenance,|       
     and installation. (i) Floors.. |     Covered by section
                                    |     1910.22(a).
    (d)(11)(ii) Tank cleaning...... |     1910.124(i).
    (d)(11)(iii) Test tanks before  |      
     entering...................... |     1910.124(e).
    (d)(11)(iv) and (d)(11)(v)      |       
     Entering tank................. |     Covered by section
                                    |     1910.146.
    (d)(11)(vi) Welding operations. |     1910.124(j)(4) 
                                    |      and (j)(5).
    (d)(12) Vapor degreasing tanks. |      
     (i) Vapor control............. |     1910.126(d)(1).
    (d)(12)(ii) Keep gas vapors away|       
     from heating units............ |     1910.126(d)(2) and
                                    |      (d)(3).
    (d)(12)(iii) Do not create      |      
     excessive vapors.............. |     1910.126(d)(4).
    (d)(12)(iv) Solvent-cleaning and|      
     vapor-degreasing tanks must    |
     have cleanout or sludge doors. |     Deleted; unnecessary.
    (d)(13) Scope. (i) Coverage.... |     1910.123(a),(b), 
                                    |     and (c).
    (d)(13)(ii) Molten materials    |     
     operations defined............ |     1910.123(c).
    (d)(13)(iii) Surface coating    |      
     operations defined............ |     Deleted; unnecessary.

                             Table II
Former section 1910.108             |      Final sections 1910.123 
                                    |         through 1910.126
(a) Definitions applicable to this  |      
 section-(1) Dip tank.............. |     1910.123(d).
    (a)(2) Vapor area.............. |     1910.123(d).
    (a)(3) Approved................ |     1910.123(d).
    (a)(4) Lister.................. |     Deleted; unnecessary
(b) Ventilation-(1) Vapor area      |   
 ventilation....................... |     1910.124(b)(1), 
                                    |     (b)(3),(b)(4), and 
                                    |     (b)(5), and 1910.125
                                    |     (d)(2)
    (b)(2) Ventilation combined with|     
     rying......................... |     1910.125(e)(3).
(c) Construction of dip tanks. (1)  |      
 General........................... |     1910.124(a) and 125(a).
    (c)(2) Overflow pipes. (i) Tank |      
     capacity...................... |     1910.125(b)(1).
    (c)(2)(ii) Overflow pipe        |      
     capacity...................... |     1910.125(b)(2)(i).
    (c)(2)(iii) and (c)(2)(iv)      |       
     Overflow pipe cleaning and     |      
     location...................... |     1910.125(b)(2)(ii)
                                    |     and (b)(2)(iii).
    (c)(3)(i) to (c)(3)(iii) Bottom |      
     drains........................ |     1910.125(c).
    (c)(4) Salvage tanks........... |      Deleted; property 
                                    |      protection.
    (c)(5) Automatic extinguishing  |       
     facilities.................... |      1910.125(f)(1)
                                    |      and (f)(3).
    (c)(6) Conveyor systems........ |      1910.125(d).
    (c)(7) Heating dip tank liquids.|      1910.125(g).
(d) Liquids used in dip tanks,      |      
 storage, and handling............. |      1910.125(e)(2).
(e) Electrical and other sources of |      
 ignition. (1) Vapor areas. (i) No  |
 open flames, explosion proof       |
 equipment......................... |     1910.125(e)(1).
    (e)(1)(ii) Electrical equipment |      
     in vapor areas................ |     1910.125(e)(1)(i).
    (e)(2) Adjacent areas.......... |     1910.125(e)(1).
(f) Operations and maintenance. (1) |      
 General........................... |     1910.125(e)(4)(i).
    (f)(2) Waste cans.............. |     1910.125(e)(4)(ii) 
                                    |     and (e)(4)(iii).
    (f)(3) Inspection of dip tanks. |     1910.124(j)(1) and (3).
    (f)(4) Warning signs........... |     1910.125(e)(5).
(g) Extinguishment. (1)             |     
 Extinguishers..................... |     1910.125(f)(2)(i).
    (g)(2) Automatic water spray    |      
     extinguishing systems......... |     1910.125(f)(2)(ii).
    (g)(3) Automatic foam           |       
     extinguishing systems......... |     1910.125(b)(2) and 
                                    |     1910.125(f)(2)(ii).
    (g)(4) Automatic carbon dioxide |     
     systems....................... |     1910.125(f)(2)(ii).
    (g)(5) Dry chemical             |      
     extinguishing systems......... |     1910.125(f)(2)(ii).
    (g)(6) Dip tank covers. (i)     |      
     Automatically activated....... |     1910.125(f)(3) and 
                                    |     (f)(3)(i).
    (g)(6)(ii) to (g)(6)(iv)        |       
     Construction and use of covers.|     1910.125(f)(3)(ii)
                                    |     and (f)(3)(iii).
(h) Special dip tank applications.  |      
 (1) Hardening and tempering tanks. |
 (i) Location...................... |     1910.126(a)(1)(i)
                                    |     and (a)(1)(ii).
   (h)(1)(ii) Noncombustible hood   |     
     and vent...................... |     1910.126(a)(1)(iii).
    (h)(1)(iii) Temperature of      |      
     cooling medium................ |     1910.126(a)(4).
    (h)(1)(iv) High temperature     |       
     limit switch.................. |     1910.126(a)(2) and 
                                    |     (a)(3).
    (h)(1)(v) Automatic             |       
     extinguishing facilities...... |     1910.125(f)(1)(ii) 
                                    |     and (f)(2)(ii).
    (h)(1)(vi) No pressurized air.. |     1910.126(a)(6).
    (h)(1)(vii) Bottom drain....... |     1910.125(c)(3), 
                                    |     and 1910.126(a)(4) 
                                    |     and (a)(5).
    (h)(2) Flow coat; general. (i)  |       
     All preceding standards apply. |     1910.126 (introductory
                                    |     paragraph).
    (h)(2)(ii) Strong and rigid     |      
     piping........................ |     1910.126(b)(2).
    (h)(2)(iii) Paint pumped at low |     
     pressure...................... |     1910.126(b)(1).
    (h)(2)(iv) Area of dip tank.... |     Covered by section 
                                    |     1910.123(d) 
                                    |     (definition of 
                                    |     "dip tank").
    (h)(3) Electrostatic apparatus. |     1910.126(g).
    (h)(4) Roll coating............ |     1910.126 (introductory 
                                    |     paragraph) and 
                                    |     1910.126(c).

                                Table III
   Final sections 1910.123 through  |
  1910.126 (final section 1910.122  |      Former sections 1910.94(d) and 
  contains a table of contents for  |      1910.108 (or applicable NFPA                                       
  final sections 1910.123 through   |              standards)
              1910.126)             |
1910.123 Dipping and coating        |
 operations: Coverage and           |
 definitions:                       |
    (a) Does this standard apply to |
     me?                            |
        (a)(1) Using a liquid in a  |          
         dip tank.................. |     1910.94(d)(1)(i) and
                                    |     (d)(13)(i).
        (a)(2) Draining or drying an|      
         object.................... |     1910.94(d)(13)(i).
    (b) What operations are covered?|     1910.94(d)(13)(i).
    (c) What operations are not     |       
     covered? Operations using      |      
     molten material............... |     1910.94(d)(13)(i)
                                    |     and (d)(13)(ii).
    (d)How are terms used in        |      
     sections 1910.123 through      |
     1910.126 defined?............. |     1910.108(a).
        "Adjacent area"..........   |     1910.108(e)(2).
        "Approved"...............   |     1910.108(a)(3).
        "Autoignition temperature"  |     NFPA 325-1994.
        "Combustible liquid"......  |     1910.1200(c).
        "Dip tank"................  |     1910.108(a)(1).
        "Flammable liquid"........  |     1910.1200(c).
        "Flashpoint"..............  |     1910.1200(c).
        "Lower flammable limit      |     
         (LEL)".................... |     NFPA 325-1994.
        "Vapor area"..............  |     1910.108(a)(2).
        "You"                       |
1910.124 General requirements for   |
 dipping and coating operations:    |
    (a) What construction           |     
     requirements apply to dip      |
     tanks?........................ |     1910.108(c)(1).
    (b) What ventilation            |
     requirements apply to vapor    |
     areas?                         |
        (b)(1) Keep airborne        |       
         concentrations below 25% of|      
         the LFL................... |     1910.94(d)(3) and
                                    |     1910.108(b)(1)
        (b)(2) Meet the levels      |     
         specified in part 1910,    |
         subpart Z................. |     1910.94(d)(3).
        (b)(3) Use of tank covers or|      
         floating materials........ |     1910.94(d)(6).
        (b)(4) Mechanical           |       
         ventilation requirements.. |     1910.94(d)(1)(ii), 
                                    |     (d)(2), (d)(4), and
                                    |     (d)(7)(i) to 
                                    |     (d)(7)(iv); and
                                    |     1910.108(b)(1).
        (b)(5) Airflow requirements |      
         for mechanical ventilation.|     1910.108(b)(1).
        (b)(6) Requirements for an  |      
         independent exhaust system.|     1910.94(d)(7)(iii).
    (c) What requirements must I    |
     follow to recirculate exhaust  |
     air into the workplace?        |
        (c)(1) Meet the requirements|        
         of paragraph (b) of this   |       
         section................... |     1910.94(d)(3) and
                                    |     (d)(8)(ii),and
                                    |     NFPA 34-1995.
        (c)(2) Other requirements   |      
         for recirculated exhaust   |
         air....................... |     NFPA 34-1995.
        (c)(3) Requirements for an  |      
         alarm.                     |     NFPA 34-1995.
    (d) What must I do when I use an|
     exhaust hood?                  |
        (d)(1) Volume requirements. |     1910.94(d)(8)(iii).
        (d)(2) Prevent damage to    |      
         exhaust hoods............. |     1910.94(d)(8)(iii).
    (e) What requirements must I    |       
     follow when an employee enters |      
     a dip tank?................... |      1910.94(d)(11)(iii)
                                    |      to (d)(11)(v).
                                    |      and NFPA 34-1995.
    (f) What first-aid procedures   |      
     must my employees know?        |     1910.94(d)(9)(i).
    (g) What hygiene facilities must|
     I provide?                     |
        (g)(1) Storage space....... |     1910.94(d)(9)(x).
        (g)(2) Emergency shower and |     
         eye-wash station.......... |     1910.94(d)(9)(vii).
        (g)(3) Washing facilities.. |     1910.94(d)(9)(ix).
    (h) What treatment and first aid|
     must I provide?                |
        (h)(1) For sores, burns, or |     
         other skin lesions........ |     1910.94(d)(9)(viii).
        (h)(2) For small skin       |      
         abrasions, cuts, rashes, or|
         open sores................ |     1910.94(d)(9)(viii).
        (h)(3) First-aid supplies...|     1910.94(d)(9)(xi).
        (h)(4) Periodic examinations|      
         for employees exposed to   |
         chromic acid.............. |     1910.94(d)(9)(viii).
    (i) What must I do before an    |
     employee cleans a dip tank?    |
        (i)(1) Drain the dip tank   |      
         and open cleanout doors... |     1910.94(d)(11)(ii).
        (i)(2) Ventilate vapor      |      
         pockets................... |     1910.94(d)(11)(ii).
    (j) What must I do to inspect   |
     and maintain my dipping or     |
     coating operation?             |
        (j)(1) Inspect ventilation  |       
         hoods and ductwork........ |     1910.94(d)(8)(i) and 
                                    |     1910.108(f)(3).
        (j)(2) Ensure an adequate   |      
         airflow................... |     1910.94(d)(8)(i).
        (j)(3) Periodically inspect |      
         dipping and coating        |
         equipment................. |     1910.108(f)(3).
        (j)(4) Protect employees    |      
         from toxic exposures during|
         welding, burning, or open- |
         flame work................ |     1910.94(d)(11)(vi).
        (j)(5) Remove solvents and  |      
         vapors before welding,     |
         burning, or open-flame work|     1910.94(d)(11)(vi).
1910.125 Additional requirements for|
 dipping and coating operations that|
 use flammable or combustible       |
 liquids:                           |
        (a) What type of            |     
         construction material must |
         be used in making my dip   |
         tank?..................... |     1910.108(c)(1).
    (b) When must I provide overflow|
     piping?                        |
        (b)(1) When overflow pipes  |      
         are required.............. |     1910.108(c)(2)(i).
        (b)(2) Overflow pipe        |        
         requirements.............. |     1910.108(c)(2)(ii), 
                                    |     (c)(2)(iii), 
                                    |     and (c)(2)(iv).
    (c) When must I provide a bottom|
     drain?                         |
        (c)(1) For dip tanks over   |       
         500 gallons (1893 L), with |      
         specified exceptions...... |     1910.108(c)(3)(i);
                                    |     NFPA 34.
        (c)(2) Bottom drain         |       
         requirements.............. |     1910.108(c)(3)(ii);
                                    |     NFPA 34.
        (c)(3) Manual and automatic |      
         operation................. |     1910.108(c)(3)(i).
        (c)(4) Use of automatic     |      
         pumps..................... |     1910.108(c)(3)(i).
    (d) When must my conveyor       |
     systems shut down              |
     automatically?                 |
        (d)(1) When there is a fire.|     1910.108(c)(6).
        (d)(2) When the ventilation |      
         rate drops................ |     1910.108(b)(1)
                                    |     and (c)(6).
    (e) What ignition and fuel      |
     sources must be controlled?    |
        (e)(1) Ignition sources in  |       
         the vapor area and any     |      
         adjacent area............. |     1910.108(e)(1)
                                    |     and (e)(2).
        (e)(2) Electrical bonding   |      
         and grounding of portable  |
         containers................ |     1910.108(d).
        (e)(3) Ignition from a      |      
         heating system............ |     1910.108(b)(2).
        (e)(4) Ignition from        |       
         combustible debris and     |      
         stock, rags and other      |
         contaminated material, and |
         the content of waste cans. |     1910.108(f)(1)
                                    |     and (f)(2).
        (e)(5) Prohibit smoking in a|      
         vapor area................ |     1910.108(f)(4).
    (f) What fire protection must I |
     provide?                       |
        (f)(1) Tanks covered by     |       
         these requirements........ |     1910.108(c)(5)
                                    |     and (h)(1)(v).
        (f)(2) Types of fire-       |       
        extinguishing equipment     |      
         required (manual and       |
         automatic)................ |     1910.108(c)(5) and
                                    |     (g)(1) to (g)(5).
        (f)(3) Requirements for fire|      
         extinguishing covers...... |     1910.108(g)(6).
    (g) To what temperature may I   |
     heat a liquid in a dip tank?   |
        (g)(1) Below the liquid's   |      
         boiling point............. |     NFPA 34-1995.
        (g)(2) At least 100 deg. F  |      
         (37.8 deg. C) below the    |
         liquid's autoignition      |
         temperature............... |     NFPA 34-1995.
1910.126 Additional requirements for|
 special dipping and coating        |
 operations:                        |
    (a) What additional requirements|
     apply to hardening or tempering|
     tanks?                         |
        (a)(1) Location, flooring,  |       
         and venting requirements.. |     1910.108(h)(1)(i) 
                                    |     and (h)(1)(ii).
        (a)(2) Alarm requirements.. |     1910.108(h)(1)(iv).
        (a)(3) Limit switch to shut |      
         down the conveyor......... |     1910.108(h)(1)(iv).
       (a)(4) Circulating cooling   |     
         system.................... |     1910.108(h)(1)(iii).
        (a)(5) Bottom drains        |      
         combined with oil-         |
         circulating system........ |     1910.108(h)(1)(vii).
        (a)(6) Prohibit use of      |      
         pressurized air to fill or |
         agitate................... |     1910.108(h)(1)(vi).
    (b) What additional requirements|
     apply to flow coating?         |
        (b)(1) Use of direct low-   |      
         pressure pumping systems or|
         gravity tanks to supply    |
         paint..................... |     1910.108(h)(2)(iii).
        (b)(2) Piping requirements. |     1910.108(h)(2)(ii).
    (c) What additional requirements|
     apply to roll coating, roll    |
     spreading, or roll             |
     impregnating?                  |
        (c)(1) Requirements for     |      
         bonding and grounding      |
         metallic parts and         |
         installing static          |
         collectors................ |     1910.108(h)(4)(ii).
        (c)(2) Requirement to       |      
         maintain a conductive      |
         atmosphere................ |     1910.108(h)(4)(ii).
    (d) What additional requirements|
     apply to vapor degreasing      |
     tanks?                         |
        (d)(1) Maintain the vapor   |      
         level below the top of the |
         tank...................... |     1910.94(d)(12)(i).
        (d)(2) Prevent solvent fumes|      
         from entering the air-fuel |
         mixture................... |     1910.94(d)(12)(ii).
        (d)(3) Requirements for     |      
         flues and draft diverters. |     1910.94(d)(12)(ii).
        (d)(4) Temperature limit for|      
         the heating element....... |     1910.94(d)(12)(iii).
    (e) What additional requirements|      
     apply to cyanide tanks?....... |     1910.94(d)(10).
    (f) What additional requirements|
     apply to spray cleaning tanks  |
     and degreasing tanks?......... |
        (f)(1) Enclose spray        |      
         operations................ |     1910.94(d)(5).
        (f)(2) Mechanical           |      
         ventilation required...... |     1910.94(d)(5).
    (g) What additional requirements|
     apply to electrostatic paint   |
     detearing?                     |
        (g)(1) Approved             |        
         electrostatic equipment    |       
         including electrodes...... |     1910.108(h)(3)(ii), 
                                    |     (h)(3)(iv), and   
                                    |     (h)(3)(xi).
        (g)(2) Use of conveyors to  |      
         support goods being paint- |
         deteared.................. |     1910.108(h)(3)(vii).
        (g)(3) No manual handling of|      
         goods being paint-deteared.|     1910.108(h)(3)(viii).
        (g)(4) Requirement to       |      
         maintain the safe distance.|     1910.108(h)(3)(vi).
        (g)(5) Automatic controls   |      
         required.................. |     1910.108(h)(3)(ix).
        (g)(6) Fences, rails, or    |      
         guards required........... |     1910.108(h)(3)(x).
        (g)(7) Requirements for fire|      
         protection................ |     1910.108(h)(3)(xiii).
        (g)(8) Collecting paint     |      
         deposits.................. |     1910.108(h)(3)(xiv).

[64 FR 13897, March 23, 1999]

Regulations (Preambles to Final Rules) - Table of Contents

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