Document 99ae52GnNaYr005o7a5XJLDZ3

Federal Register / Vol. 51, No. 119 / Friday, June 20, I960 / Rules and Regulations 22733 at 1 p.m. E.D.T. on June 17,1988 which shall be the time of issuance of this document as provided by 29 CFR 1911.18. The time of issuance is the earliest moment that petitions for review may be filed with United States Courts of Appeals. Signed at Washington. DC, this 12th day of June, 1986. John A. Pendergrass, Assistant Secretary'for Occupational Safety and Health. ( XIII. Amended Standards j PART 1910--[AMENDED] r 1 Part 1910 of Title 29 of the Code of i Federal Regulations is hereby amended a9 follows: t 1. The authority citation for Subpart B | of Part 1910 continues to read as J follows: Authority: Secs. 4,6. and 8 of the ; Occupational Safety and Health Act. 29 ' U.S.C. 653.655, 657; Walsh-Healey Act. 41 \ U.S.C. 35 et seq.: Service Contract Act of 1905, 41 U.S.C. 351 et seq.; Pub. L 91-54. 40 U.S.C. 333; Pub. U 85-742.33 U.S.C. 941; ) National Foundation on Arts and Humanities : Act, 20 U.S.C. 951 et seq.; Secretary of Labor's Orders 12-71136 FR 8754). 8-76 (41 FR 25059), , or 9-83 (46 FR 35736); and 29 CFR Part 1911. l' 2. Paragraph (a) of 1910.19 Is hereby i revised to read as follows: 1 ?, 1910.19 Specfaf provisions for air l contaminants. | (a) Asbestos, tremolite. antbophyllite, i and actinolite. dust. Section 1910.1001 $ shall apply to the exposure of every employee to asbestos, tremolite, anthophyllite. and actinolite dust in ! every employment and place of employment covered by S 1910.13, 1910.14,1910.15, or 1910:10, in lieu of any different standard on exposure to i asbestos; tremolite, anthophyllite, and | actinolite dust which would otherwise i be applicable by virtue of any of those X sections. ir . .| *.**' i Subpart Z--[Amended] | 3. The authority citation for Subpart Z I' of Part 1910 is revised as- follows:. Authority: Secs. 6 and 8, Occupational ! Safety and Health Act, 29 U.S.C. 855.657; Secretary of Labors Orders Nos. 12-71 (36.FR; ' 8754), 6-76 (41 FR 25059), or 9-63.(46 FR 35736), as applicable: and 29 CFR Part 1911. Section.1910.100b Tables Z-l, Z-2, Z-3 also - Issued under 5 U.S.C. 553. ' ! ;; ' Section 1910.1000 not issued under 29 CFR (' Part 1911, except for "Arsenic" and "Cotton )' Dust" listings In Table Z-l.. j,- Section 1910.1002 not issued under 29 V U.S.C 655 or29 CFR Part 1911; also issued under 5 U.S.C. 553. Sections 1910.1003 through 1910.1018 also Issued under 29 U.S.C. 653. Section 1910.1025 also issued under 29 U.S.C. 653 and 5 U.S.C. 556. Section 1910.1043 also issued under 5 U.S.C 551 et seq. Sections 1910.1045 and 1970.1047 also Issued under 29 U.S.C. 653. Sections 1910.1499 and 1910.1500 also issued under 5 U.S.C. 553. 4, Section 1910.1001 is hereby revised to read as follows: 1910.1001 Asbestos, tremolite, anthophyllite, and actinolite. - (a) Scope and application. (1) This section applies to all occupational exposures to asbestos, tremolite, anthophyllite, and actinolite, in all industries covered by the Occupational Safety and Health Act, except as provided in paragraph (a)(2) of this section. (2) This section does not apply to construction work as defined in 29 CFR 1910.12(b). (Exposure to asbestos, tremolite, anthophyllite, and actinolite in construction work is covered by 29 CFR 1920.58.) (b) Definitions. "Action level" means an airborne concentration of asbestos, tremolite, anthophyllite, actinolite, or a combination of these minerals, of 0.1 Fiber per cubic centimeter (f/cc) of air calculated as an eight (8)--hour timeweighted average. "Asbestos" includes chrysolite, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated and/or ' altered. "Assistant Secretary" means the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or designee. "Authorized person" means any person authorized by the employer and required by work duties to be present in regulated areas. "Director" means the Director of the National Institute for.Occupational Safety and Health. U.S. Department of Health and Human Services, or. designed "Employee exposure" means that exposure to airborne asbestos, tremolite, anthophyllite, actinolite, or a combination of these minerals that would occur if the employee were not using respiratory protective equipment. "Fiber" means a particulate form of asbestos, tremolite, anthophyllite, or actinolite, 5 micrometers or longer, with a length-to-diameter ratio of at lease 3 to 1. "High-efficiency particulate air. . (HEPA) Filter" means a filter capable of trapping and retaining at least 99.97 percent of 0.3 micrometer diameter mono-disperse particles. "Regulated area" means an area established by the employer to demarcate areas where airborne concentrations of asbestos, tremolite, anthophyllite, actinolite, or a combination of these minerals exceed, or can reasonably be expected to exceed, the permissible exposure limit. "Tremolite, anthophyllite, or actinolite" means the non-asbestos form of these minerals, and any of these minerals that have been chemically treated and/or altered. (c) Permissible exposure limit (PEL). The employer shall ensure that no employee is exposed to an airborne concentration of asbestos, tremolite, anthophyllite, actinolite, or acombination of these minerals in excess of 0.2 fiber per cubic centimeter of air as an eight (8)-hour time-weighted average (TWA) as determined by the method prescribed in Appendix A of this section, or by an equivalent method. (d) Exposure monitoring.--(1) General, (i) Determinations of employee exposure shall be made from breathing zone air samples that are'representative of the 6-hour TWA of each employee. (ii) Representative 8-hour TWA employee exposures shall be determined on the basis of one or more samples representing full-shift exposures for. each shift for each employee in each fob classification in each workarea. (2) Initial monitoring. (i) Each employer who has. a workplace or work operation covered by this standard, / except as provided for in paragraphs " (d)(2)(ii) and (d)(2)(iii) of this section, shall perform initial monitoring of employees who are, or may reasonably be exjiected to be exposed to airborne concentrations at or above the actionlevel. (ii) Where the employer has monitored after December 20,1985, and the monitoring satisfies all other requirements of this section, the employer may rely on such earlier monitoring results.tosaUsfy.the' requirements of paragraph (d)(2)(i) of ' this section. (iii) Where the employer has relied ' upon objective data that demonstrates . that asbestos, tremolite,.anthophyllite, actinolite, or. a combination of these minerals is not capable of being released in airborne concentrations at or above the action level under the expected conditions of processing, use, or handling, then no-initial monitoring is required. (3) Monitoring frequency (periodic monitoring) and patterns. After the initial determinations required by ? I f t. 1 !; '! ' M GLEASON-000981