Document rBxgzR5BqG9ZD1MvyqbLn70QE

n7J?> ' ji . ; - i ji i i t .! i f A 'k hiptend atu tfc saM*0' B* Ptucr 5A.'AfOT efarfiln* 1*11 Wri" Depart- r deten* i J 1 1 -i L**l. Jenerol. 45W>] RULES AND REGULATIONS 10223 Title 30--Mineral Resources 71.200 Inhalation hazard*: threshold Outlets (except for paragraph 52.1144 CHAPTER I--MINING ENFORCEMENT ANO SAFETY ADMINISTRATION, DEPART MENT OF THE INTERIOR SUBCHAPTER O--COAL MINE HEALTH ANO SAFETY PART 71--SURFACE WORK AREAS OF UNDERGROUND COAL MINES AND SURFACE COAL MINES Exposure to Asbestos limit \aiuc* for ga*<-$, dnl5, fume*, inislM, and tapor*. <a' No operator of an underground coal mine and no operator of a surface coal mine may permit any person work ing at a surface installation or surface worksite to be exposed to airborne con taminants (other than respirable coal mine dust, respirable dust containing quartz, and asbestos dust) in excess of, <d>, as discussed below); and 3. 40 CFFL 52.1161 Incentives for Re duction in Single-Passenger Commuter Vehicle Use. Paragraph 52.1144(d). containing the so-called "Stage H Vapor Recovery Reg ulations" remains suspended by the Court pending the promulgation of final Agency regulations and further order of the court. Pursuant to the authority vested In the Secretary of the Interior under section 101 of the Federal Coal Mine Health and Safety Act of 1969 <30 U.8.C. 811). to promulgate mandatory health standards transmitted to him by the Secretary of Health. Education, and Welfare, there was published In the Federal Recibter for November 7. 1972 <37 FR 23645) a proposed standard for occupational ex posure to asbestos In surface coal mines and surface work areas of underground coal mines. , ` Interested persons were afforded a pe riod of 45 days Trfthtn which to submit written comments, suggestions, or objec tions. to the proposed standard and a number of comments were received by the Bureau of Mines fnow the Mining Enforcement and Safety Administra on the basis of a time-weighted average, the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists 'in "Threshold Limit Values of Airborne Contaminants" <1972' wltich is hereby incorporated by reference and made a part hereof. * * ** 2. In Subpart C. a new 5 71.202 is added to read as follows: . The above regulations were originally promulgated by the Agency on Novem bers, 1973 (3811130960) and the suspen sion was ordered by the Court on Septem ber 27, 1974, in the case of South Termi nal Corporation v. EPA <6 ERC 2025, 504 F. 2d 646 > and eight related cases arising out of nine separate petitions for review of the original regulations. The Agency promulgated revised regulations on June 12. 1975 (40 FR 25151) but postponed the 71.202 AubmUx dual standard: iur**- effectiveness of the above-mentioned reg- uremctK. ^ illations pending removal of the court's (a) The 8-hour average airborne con centration of asbestos dust to which miners are exposed shall not exceed two fibers per cubic centimeter of air. Ex posure to a concentration greater than two fibers per cubic centimeter of atr, but not to exceed 10 fibers per cubic cen suspension. The result of the February 23, 1976. court order is that all of the Agency's transportation control plan regulations for the Boston Intrastate Region are now In effect with the sole exception of the Stage II vapor recovery regulations. tion) and transmitted to the Department timeter of Air, may be permitted for a POSTPONEMENT Of MARCH 1. 1976, DEAD of Health, Education, and Welfare for total of 1 hour each 6-hour day. As used consideration. On April 10,1974. the Act In this Subpart, the term asbestos means LINE for Installation of Stage I Vapor Recovery Equipment ing Deputy Assistant Secretary of the Interior, In accordance with section 101 <f) of the Act, published a notice <39 FR TS003) that objections to the proposed asbestos standard had been filed stating the grounds for such-objections with suf ficient particularity and that a public hearing had been requested. The Depart ment of Health, Education, and Welfare notice of hearing <39 FR 16913) afforded interested persons an opportunity to be heard at the hearing which was con ducted by the National Institute for Oc cupational Safety and Health at that Department on June 5,1974. On the basls'of the evidence, presented at the hearing and on other Information available to the Department of Health, Education, and Welfare concerning the asbestos standard, findings of fact were made public In accordance with section 101(g) of the Act on August 5. 1974 (39 FR 28176) with the result that the ouly change in the standard as proposed has been the addition of a definition for "as bestos" to clarify that nonfibrous or nonasbcstlform minerals are not intended to be within the scope of the standard. In accordance with section 101(h) of the Act. the amendments to Part 71 as set forth below are effective on March 10.1976. Dated. March 4, 1976. William L. Fisher. Deputy Assistant Secretary of the Interior. Part 71 La amended as set forth below: chrysotile, amosite, crocidollte, anthophyllte asbestos, tremoKte asbestos, and actlnolite asbestos but does not include nonfibrous or nonasbestlform minerals. (b) The determination of fiber con centration shall be made by counting all fibers longer than 5 microme.ers in length and with a lengtb-to-wldth ratio of at least 3 to 1 In at least 20 randomly selected fields using phase contrast microscopy at 400-450 magnification. |FR Doc.76-4413 Filed 3-0-76:8 -45 ami Title 40--Protection of Environment CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (FRL 499--61 PART 52--APPROVAL ANO PROMULGA TION OF IMPLEMENTATION PLANS Announcsment of Removal of Court Sus pension of Transportation Control Plan Regulations and Postponement of Final Compliance Date for Stage I Vapor Re covery--Boston, Massachusetts The Environmental Protection Agency is hereby publishing notice that on Feb ruary 23. 1976. the United States Court of Appeals for the First Circuit ordered the removal of its earlier suspension of cer tain transportation control plan regula tions for the Metropolitan Boston Intra state Air Quality Control Region (the "Boston Intrastate Region''). According ly, the following regulations are in effect as of the date of publication of this Fed eral Register notice: 1. 40 CFR 5S-1135. Regulation for Park Due to the court suspension there has been substantial uncertainty in the pub lic mind about the status of the Agency's Stage I vapor recovery regulations in the Boston Intrastate Region. Due to this uncertainty a number of sources subject to the Stage I requirements have not yet installed the equipment which was origi nally required by 5 52.1147(a)(5) to be in place by March 1, 1976. In order to allow these sources an opportunity to In stall the equipment now that the suspen sion is removed, the Agency has decided to extend the March 1 deadline to June 1, 1976. The Agency anticipates that tbb> additional period ol time will lead to substantial compliance by the affected sources and will therefore minimize the need for Agency enforcement action. The Administrator does not consider today's schedule revision to be a signifi cant change in the June 12,1975. promul gation. The Stage I requirements were previously subject to public hearing and comments, and the change In the compli ance deadline will not prejudice those subject to the requirements. For these reasons and those discussed previously, the Administrator finds that notice and public procedure on the change are un necessary and would be contrary to the public interest, and that there is good cause for the lime extension to be effec tive immediately. Therefore, this change will become effective immediately upon publication in the Federal Register. This action is being taken pursuant to sec tions llOic and 301 of the Clean Air Act (42 U.s.c. 1857c-5(C' and 5 1857(g)). 1. In Subpart C, the first sentence of ing Freese: Dated- March 4. 1976: 171.200(a) Is amended to read as 2. 40 CFR 52.1144. Regulation on Evap follows: orative Emissions from.Retail Gasoline Rcssell E. Train. Administrator. . FEDERAL REGISTER, VOt. At, NO. 40--WEDNESDAY, MARCH 10, 1976 ALCOAO 000009568 i I