42018 Federal Register / Vol. 62, No. 149 / Monday, August 4, 1997 / Rules and Regulations

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

29 CFR Part 1910

RIN 1218–AB26

Air Contaminants; Corrections

AGENCY: Occupational Safety and Health

Administration; Labor.

ACTION: Correcting amendments.

SUMMARY: This document makes

corrections to the OSHA standard on

Air Contaminants. Specifically, this

document corrects typographical errors

in the table containing limits for air

contaminants and the table on mineral

dusts.

EFFECTIVE DATE: September 3, 1997.

FOR FURTHER INFORMATION CONTACT:

Bonnie Friedman, Director, OSHA

Office of Public Affairs, U.S.

Department of Labor, 200 Constitution

Avenue, NW, Room N3647,

Washington, D.C. 20210, Telephone:

202–219–8148.

SUPPLEMENTARY INFORMATION:

Background

OSHA published revisions to its rule

on Air Contaminants on June 30, 1993

(58 FR35338) in response to the Court

of Appeals decision in AFL–CIO v.

OSHA, 965 F.2d 962 (11th Circuit,

1992). Those revisions are currently

printed in the Code of Federal

Regulations, Air Contaminants

Standard, 29 CFR 1910.1000, Tables Z–

1, Z–2, and Z–3.

Need for Corrections

As published, the standard contains

typographical errors which may prove

to be misleading, and incorrect entries

which are in need of clarification and

correction. This document corrects

these errors.

For one group of substances,

Cyanides, OSHA inadvertently omitted

the ‘‘x’’ notation in the ‘‘skin

designation’’ column to indicate that the

substance is absorbed through the skin.

For two substances, Endosulfan and

Perlite (respirable and total dust), the

entries and their corresponding PELs

should be deleted. The entries,

including their respective PELs, are a

carryover from the 1989 Air

Contaminants Standard which was

vacated by the U.S. Court of Appeals,

Eleventh Circuit. The substance

Endosulfan was not listed in the air

contaminant tables when OSHA

adopted the consensus standards on

May 29, 1971 (36 FR 10466) and

consequently is not currently regulated.

OSHA formerly regulated Perlite under

the generic nuisance dust limits of 15

mg/m3 total dust and 5 mg/m3

respirable fraction. Consequently,

Perlite is currently is currently regulated

under the entry ‘‘particulates not

otherwise regulated’’ which is the

current nomenclature for what was

formerly referred to as ‘‘nuisance dust.’’

The exposure limit for Uranium

insoluble compounds is incorrectly

listed as 0.05 mg/m3. It should be listed

as 0.25 mg/m3.

The formula for the PEL for coal dust

with less than 5% quartz (respirable

fraction) is incorrectly listed as:

2 4

2

3

2

. /

%

mg m

SiO +

It should be 2.4 mg/m3.

List of Subjects in 29 CFR Part 1910

Air contaminants, Chemicals,

Hazardous substances, Occupational

safety and health, Permissible exposure

limits.

Accordingly, 29 CFR Part 1910 is

corrected by making the following

correcting amendments:

PART 1910—OCCUPATIONAL SAFETY

AND HEALTH STANDARDS

1. The authority citation for Subpart

Z of Part 1910 continues to read as

follows:

Authority Sections 4, 6, and 8 of the

Occupational Safety and Health Act of 1970

(29 U.S.C. 653, 655, and 657); Secretary of

Labor’s Order No. 12–71 (36 FR 8754), 8–76

(41 FR 25059), 9–83 (48 FR 35736), of 1–90

(55 FR 9033), as applicable; and 29 CFR part

1911.

All of Subpart Z issued under sec. 6(b) of

the Occupational Safety and Health Act,

except those substances that have exposure

limits listed in Tables Z–1, Z–2, or Z–3 of 29

CFR 1910.1000. The latter were issued under

sec. 6(a) (29 U.S.C. 655(a)).

Section 1910.1000, Tables Z–1, Z–2, and

Z–3 also issued under 5 U.S.C. 553. Section

1910.1000, Tables Z–1, Z–2, and Z–3 not

issued under 29 CFR part 1911 except for the

arsenic (organic compounds), benzene, and

cotton dust listings.

Section 1910.1001 also issued under

section 107 of the Contract Work Hours and

Safety Standards Act (40 U.S.C. 333) and 5

U.S.C. 553.

Section 1910.1002 not issued under U.S.C.

655 or 29 CFR part 1911; also issued under

5 U.S.C. 553.

Section 1910.1200 also issued under 5

U.S.C. 553.

§ 1910.1000 [Corrected]

Table Z–1 [Corrected]

2. In § 1910.1000, table Z–1 is

amended as follows:

a. In the entry for ‘‘Cyanides (as CN)’’,

add an ‘‘x’’ in the ‘‘Skin designation’’

column.

b. In the entry for ‘‘1,2-Dibromo-3-

chloropropane (CBCP); see 1910.1044’’,

the parenthetical ‘‘(CBCP)’’ in the

‘‘Substance’’ column is revised to read

‘’(DBCP)’’.

c. The entry for ‘‘Endosulfan’’ is

removed.

d. The entries for ‘‘Perlite’’ are

removed.

e. In the entry for ‘‘2,4,6-

Trinitrophenyl; see Picric acid’’, the

word ‘‘Trinitrophenyl’’ is revised to

read ‘’Trinitrophenol’’.

f. In the entry for ‘‘Uranium (as U),

Insoluble compounds’’, the number

‘‘0.05’’ in the ‘‘mg/m3’’ column is

revised to read ‘‘0.25’’.

Table Z–3 [Corrected]

2. § 1910.1000, table Z–3 is amended

in the entry for ‘‘Coal Dust: Respirable

fraction less than 5% SiO2’’, by revising

"2 4

2

3

2

. / "

%

mg m

SiO

e

+

in the ‘‘mg/m 3’’ column to read ‘‘2.4

mg/m3 e’’.

Signed at Washington, DC this 25th day of

July, 1997.

Greg Watchman,

Acting Assistant Secretary.

[FR Doc. 97–20464 Filed 8–1–97; 8:45 am]

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